County Faces IRS Penalty and Commissioner Threatens Speakers During Public Comment
The October 23, 2024, meeting of the Torrance County Commissioners began with congratulations for the absent chairman, Ryan Schwebach, as his son had won an FFA competition that led to the father-and-son duo advancing to competitions in Indiana. It then went into public comment, which addressed residents' allegations that the commission had allowed road repairs to go incomplete for fifteen years and continued statements by immigration non-profits regarding the ICE portion of the Torrance County Detention Facility. Speaking on behalf of Innovation Law Lab, PJ Podesta directed listeners to visit Testimonies from Torrance.
During the public comment period, Commissioner Sam Schropp questioned speakers whether they were attorneys licensed to practice law in the State of New Mexico. This relates to a threat Schropp made in past meetings to seek disciplinary action against New Mexico lawyers who spoke regarding the Torrance County Detention Facility. The Mountainair Dispatch asked during the meeting whether it was the official policy of Torrance County to seek disciplinary action against attorneys who comment on the immigration matter, as it appeared that this was punishing individuals for invoking their First Amendment rights. This question was not answered.
The county commission approved the employment contract between the county and Misty Witt, formalizing Witt's entry into the role of Deputy County Manager. "Now you're really legit," Commissioner Kevin McCall quipped, adding a moment of levity to the meeting.
Linda Jaramillo, County Clerk, spoke on early voting. She stated that the deadline for absentee ballots had passed. She said that 140 ballots went out without return addresses, but that she had notified the post offices in Torrance County and Bernalillo County and received back 88 completed ballots with missing return addresses. Jaramillo mentioned that over 700 additional votes had taken place at the Moriarty Civic Center.
New County Manager Jordan Barela announced that the Internal Revenue Service sent notice of its intent to penalize the county more than $78,000 for failing to file W-2 forms in a timely manner in 2023. Barela said he had confirmed that the county had submitted the W-2 forms late. Commissioner Schropp said that, based on personal experience, he recommended negotiating the penalty amount with the IRS. Commissioner McCall asked how the ball was dropped with respect to the W-2s. Barela implicated former Deputy County Manager Tracy Sedillo and Finance Director Misty Witt.
Barela explained via email later on October 23, 2024, that while he was implicating someone who acted in the roles of deputy county manager and finance director, he did not mean Sedillo and Witt were responsible for the misconduct and they should not be considered as such.
"I did state titles, and though Ms. Witt and Ms. Sedillo did hold those titles, they weren’t in those positions during the time of the late filing. Ms. Sedillo did complete the filing, but it was not her responsibility to do so. As the Treasurer, Ms. Sedillo had access to the IRS system, so in August when she was made aware of the late submission, she completed the filing on behalf of the County; however, she wasn’t involved in that process from the beginning. And Ms. Witt was not involved in this issue at any level."
Following the meeting, the Mountainair Dispatch emailed County Manager Barela to ask whether it was County policy to seek disciplinary action against attorneys who comment on the immigration matter, whether the County believed this would have an impact on the First Amendment rights of those who participate in public comment, and whether it will be the practice of the county to seek punishment or retaliation against others who speak on other matters before the county commission. The Mountainair Dispatch also asked whether the IRS is treating the investigation against the County as a criminal matter or an administrative law matter under the Internal Revenue Code. When an answer is received, it will be shared with readers.
Update: County manager Barela corrected my misunderstanding of what he said during the meeting in an email on October 23, 2024, indicating that Sedillo and Witt were not involved in the IRS matter.