New Mexico DOJ Notifies Otero County Commission of Open Meetings Act Violation

AG: New Mexico Press Releases

Filed March 20th, 2026

Detected March 21st, 2026

Summary

The New Mexico Department of Justice has notified the Otero County Commission of an Open Meetings Act violation. The Commission improperly convened an emergency meeting to renew a contract with ICE, and the Department has deemed the action invalid. The Commission has been directed to outline steps for compliance.

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What changed

The New Mexico Department of Justice (NMDOJ) has issued a notification to the Otero County Commission, determining that the Commission violated the state's Open Meetings Act (OMA) by improperly classifying an emergency meeting on March 13, 2026, to renew a federal detention services contract with U.S. Immigration and Customs Enforcement (ICE). The NMDOJ concluded that the contract expiration was a predictable event, not a true emergency, rendering the meeting and the subsequent contract renewal vote invalid under New Mexico law.

The Otero County Commission is required to respond to the NMDOJ with a plan detailing the steps it will take to comply with the Open Meetings Act. This action highlights the importance of adhering to public notice and transparency requirements for local government bodies, especially when making significant contractual decisions. Failure to comply could result in further action or scrutiny from the NMDOJ.

What to do next

Review Otero County Commission's response to NMDOJ regarding compliance steps.
Ensure all future emergency meetings strictly adhere to OMA criteria for unforeseen circumstances.
Verify all public contract renewals follow standard public notice and transparency procedures.

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New Mexico Department of Justice Notifies Otero County Commission of Open Meetings Act Violation

March 20, 2026

Albuquerque, NM – The New Mexico Department of Justice (NMDOJ) has determined that the Otero County Commission violated the state’s Open Meetings Act (OMA) when it convened an emergency meeting on March 13, 2026, to renew a federal detention services contract with U.S. Immigration and Customs Enforcement (ICE).

Following a review by the NMDOJ’s Government Counsel and Accountability Bureau, the Department concluded that the Commission improperly classified the meeting as an “emergency” and failed to meet the legal requirements for bypassing standard public notice and transparency procedures. As a result, the action taken during that meeting, including the vote to renew the contract, is invalid under New Mexico law.

“The Open Meetings Act is not optional,” said Attorney General Raúl Torrez. “It ensures that public business is conducted in the open, not rushed through under the guise of an emergency when no true emergency exists. New Mexicans have a right to transparency and accountability from their local governments, especially when decisions of this magnitude are being made.”

Under the Open Meetings Act, emergency meetings are permitted only in response to unforeseen circumstances that pose an immediate threat to public health, safety, property, or cause substantial financial harm. The NMDOJ found that the expiration of the ICE contract was a known and predictable deadline, not an unforeseen event.

The NMDOJ also determined that the County’s justification, potential financial impacts tied to bond obligations, stemmed from internal planning failures, not a legitimate emergency. The law does not allow public bodies to use emergency procedures to address foreseeable administrative or financial matters.

The NMDOJ has directed the Otero County Commission to respond with outlined steps to come into compliance with the law.

Copy of the Letter