By Lynn Janes
The Silver City Town Council held a regular meeting March 25, 2025. Attendance to the meeting included Mayor Ken Ladner, Mayor Pro Tem Guadalupe Cano, and Councilors Nicholas Prince, Rudy Bencomo and Stan Snider.
This meeting had filled all the seats in the audience and left standing room only.
Council comments
Prince did not have any comments currently.
Cano spoke to the warming center and thanked everyone in the community that had helped both with time, donations and support. It had a successful first season. The last evening, they had opened, 67 people came in. That had been 67 people that didn’t freeze to death. They hope to continue the warming center in the future. It did help a lot of people, three people found jobs and two found permanent housing. “To us that was a win.” She expressed her thanks again to everyone that helped.
On Saturday May 10, 2025, she will have her territorial charter day project. Her project will be Battle of the Badges. The Silver City fire department, police department, sheriff department and the EMS from the hospital will be participating. It will be awareness games and will be on Pope Street. They will have food vendors and music. “Awareness games to me means they’re going to learn what it’s like to be a disabled person in several different ways. I think it is going to be a great experience for them.” The event will be from 11 am to 4 pm on Pope Street in front of Q’s Southern Bistro.
Cano had recently had the opportunity to participate in National History Day. She had been the subject of one of the teams that participated, and it had been about accessibility. She suggested the rest of the council check them out. “Those kids are amazing.” They had asked some really good questions and things Cano had not thought about that needed to be thought about.
Recently Commissioner Eddie Flores had a town hall meeting about Gila Regional Medical Center. Cano had attended and thanked Flores for doing it. He had led a really good discussion, and the people had provided a lot of input. “I’m sure the commissioners will take some of the things they heard and make the hospital even better.”
Cano commented that people might have noticed the kidney pin she wore. March is National Kidney Awareness Month. For those not aware it has been a big deal for her because she has been on the kidney transplant list. Several other members of the community have been on it also. “I would encourage anyone who is interested in being an organ donor to check online and see what they can do.” April will be Donate Life Month so if not an organ donor when you renew your license, she hoped people that would be able to healthwise consider doing it. “It really does save lives and is really important. Thank you.”
Bencomo had attended a Future Forge Makerspace tour with his wife. Their primary focus has been both technical and recreational skill building for do-it-yourself enthusiasts. They also host classes and trainings. They would welcome anyone with a skill willing to share. Future Forge Makerspace has been doing metal working, laser cutting, woodworking, sewing, jewelry making and welding. The tours happen on Saturdays at noon.
On April 3, 2025, in Deming at 9:00 am the public has been invited to attend the renaming of the New Mexico State Police District 12 office in honor of Officer Darren Jarrett who was killed in the line of duty February 4, 2021.
Bencomo said he had received a few calls regarding some flags that have been pinned upside down, being flown at people’s homes upside down. “It’s pretty tough to explain to seventh- and eighth-graders what that means. I do my best to share that information. For those not aware the practice of flying a flag upside down was used by ships that were in distress.” Now it has become a political protest. “I know it is your first amendment right, but we need to think about how we are influencing our kids in general.”
Bencomo received a couple of emails regarding a department head and some of the personnel with accusations. “If you don’t have the courtesy to write your name on that email don’t expect me to take them seriously.” If someone has concerns, he asked them to include their name.
Snider said he had been disturbed when he had seen some aerial fireworks the past Saturday in town. It can’t be stressed enough that things in the area have been really dry and will be drier as summer approaches. “Please be careful with fire and I would remind people that Silver City is in a Stage One fire restrictions as of March 12, 2025.” This means no campfires or open burning yard waste. “Please let’s keep Silver City safe and be careful with fire and please refrain from lighting fireworks. Thank you.”
The council approved the minutes from March 11, 2025
Public input
The list for public comment had been long and many had already spoken on the same matter two or three times at past meetings. Ladner asked them to turn in their written public comment to the clerk so they could be a matter of public record. The city allows each person five minutes to comment and only allows one comment on the same topic. Ladner said he would still give them the opportunity that had spoken on the topic before a chance to speak, however he would only allow three minutes. The resolution gives the mayor latitude to make these adjustments.
Police Chief Freddy Portillo had come to speak on the Community Advisory Board (CAB) notice of intent (NOI) for ordinance 1335. He started by reading the mission statement of the department. It spoke to the integrity and dedication to preserve life and to enforce the law, to work in partnership with the community and to enhance the quality of life in Silver City. “I believe we are already striving to work in partnership with everyone in the community to come up with solutions to overcome challenges that our community faces.” He said they do have areas they can improve. He had met with several citizens, and some were in the audience that night. Many had great ideas and want to be part of the solution and not part of the problem.
Portillo had personally experienced when a family member was a victim of a violent crime, re-victimized and the justice system has failed her more than once. This could be a conversation for hours, but this would not be the time or place. As a citizen of Silver City, a law enforcement officer and a brother to the victim, it had been frustrating, and his family still is. “We should focus on working together to foster change and help the community at large and victims of senseless crimes feel protected. We have worked so hard to get away from the us versus them concept and take steps towards building stronger relationships and community policing.”
He pointed out that both Snider and Prince have been big advocates for the CAB and have been for some time. The continued efforts have just hindered the department’s ability to move forward in the right direction. “In my opinion it is creating division, tension and fear in the community.” He had met with members of the committee several times over the last several years. Every time he asked the question about what they had been experiencing or seeing that he had missed. No facts have been presented to support or justify the need for an advisory board. It has only reopened wounds that affect families, police officers and close friends by speaking about an incident that occurred in 2016, and that the department has taken accountability for.
More disheartening is the department has been willing to compromise, keep an open mind and work together. “When officers have returned from meetings, they attended with this group they have reported that the group has made it very clear it is an ordinance or nothing.” In the last work session, he had spoken to the community already providing oversight. The community has upgraded technology that includes social media platforms, removal of qualified immunity and stricter laws. This has already made it more difficult to recruit, retain and do their jobs effectively. “We have a great deal of pride in serving and protecting our community.” He remined them that the families of law enforcement live in the community and surrounding area. “We want nothing more than to provide good quality service.”
Portillo said he had said this before. “I work for the community, I will continue to work for the community, and we will always put the community first.” The decision now lies in the council’s hands. “I am sure you will make the right decision for the betterment of the community. Thank you.”
Corporal Manny Jaure came to speak on community engagement. He reflected on the journey they had made in community engagement as a top priority in the police department. Over the years they had worked to bring stronger connection in the community. “I am excited how we have evolved in many ways, and I am excited to be part of it.” It had begun with the simple but important realization of the value of building trust and open communication between law enforcement and the community.
Several community members had reached out to the department seeking guidance on police work and how to handle calls for service. It had opened the door to meaningful conversations and set the stage for relationships they continue to build today. As the need for communication grew, they reached out to collaborate with a variety of local groups. The department had participated with several churches, clubs including Kiwanis and Rotary. “We take part in their events. The department has worked well with the Community Partnership for Children and the First-Born program.”
One of the most important areas of focus has been on youth engagement. “We are proud to work with local schools to host events like Shop with a Cop which has been really successful.” The partnership with La Plata Middle School has allowed the department to provide a fun and safe environment for students during the Halloween trunk or treat.
“I am really proud of the D.A.R.E. program that Chief Portillo implemented in the department and continues to be an integral part of outreach.” It has provided students in all the Silver schools and tri-city schools important lessons on how to make positive choices and stay safe. During law enforcement week they visit the schools and read to the students.
The department has been active in organizing events such as Coats for Kids and Toys for Tots. These initiatives have been a huge success to help ensure children receive the warmth and joy they deserve during the colder months.
The Coffee with a Cop event continues to foster personal connections with the community members in a casual setting allowing for open dialogue and trust building.
Jaure said, “We have conducted several presentations for both children and adults offering insight into law enforcement safety and crime prevention. These interactions allow us to continue our mission of making law enforcement more approachable and understanding to everyone.”
Delfina Jimenez came to speak on the ordinance and resolution for the CAB. The resolution had been replaced with an ordinance bypassing community input and law enforcement collaboration. “It seems they are pushing a system and taking away community control and forcing acceptance.” On February 11, 2025, at the council meeting Sharon Bookwalter announced the CAB members that included Snider a council member. This dual role raised conflict of interest concerns and compromising his impartiality. “Stan Snider should recuse himself from related voting.” A council member with integrity transparency and accountability should recuse themselves from voting to ensure impartial decisions and maintaining public trust, she concluded.
Pete Martinez said he had been born and raised in Silver City and he just wanted to say no to the CAB.
Allison Hearst said she is a resident of Silver City. Loyal citizens had created an ordinance to form the CAB in order to foster trust and grow trust between the residents and the police force. “I give my full support to ordinance 1335 and the creation of the CAB.
Paul Leetmae said he is a proud citizen community member and business owner in Silver City since 2010. He pointed out respectfully that things had changed, and people are most fearful of change. He had a few questions he had pondered since the last meeting he had attended and spoke to the CAB issue. He had reached out to Portillo and Bookwalter, Community and Safety Committee. He had also spoke with an officer that used to work on the Silver City Police force.
He had asked Portillo a few questions such as his age and what it was when he started as chief. He started as chief at 31 and now is 37. He asked him the make up of the department ethnicity. The average age is 35 and 80 percent Hispanic and 20 percent non-Latino. He had asked if policing changed after they came out of covid. Portillo had replied yes with liability and police immunity. He had other information but because he had spoken before only had three minutes.
Leetmae said he wanted to remind the city council that Ladner had summed up the whole thing as micromanaging the police department. This would be the chance to stop this and retain the police department members that probably have been weighing their employment options. Many other departments have been looking for officers.
Gabriel Ortega was born and raised in Silver City and had lived here for over 50 years. “I do not see that that this advisory board should be approved by the town council.” The residents have faith in the police department and the chief has been doing his job to the best of his ability and has the upmost trust. The city council has done the duty to oversee any issues that arise. There would be no reason for a CAB that will be micromanaging the police department. “Bring in an outside self-serving group of individuals would not only be a slap in the face to you as a council but to the department as well. I hope you find it within yourselves to do the right thing and vote against this board. It is not welcome nor wanted by residents such as myself.”
Raymond Cressler said he has come to support the CAB and ordinance 1335. He had spoken before, but this time would be using his time to address things he had heard from people opposed. He said the CAB would not be letting people tell the police how to do their job. The policies of the department would be determined by the chief, town manager and town council. The CAB would not alter this chain of command. It would add voices to the conversation and the CAB presentations to the council would be public record. The ordinance does not say their recommendations must be followed.
Cressler then addressed the lack of knowledge the board would have with law enforcement. The CAB would be Silver City Community members who have chosen to devote a chunk of their time and service to the town. Some of the seats have professional requirements. He continued on the experience and if that would be needed.
Other opposition had been confidentiality. The ordinance addresses that in various ways. It keeps the flow of information going through the chief. Public record requests regarding the CAB would also go through the Silver City Police Department. The CAB will encounter sensitive information but that would be part of any kind of third-party outlet for grievances. Cressler said that members of CAB would be legally bound by confidentiality by the same code of ethics already in place in the town. He continued with more criticisms he had heard.
Amy Lockett came to speak against the CAB. It had gone from a resolution to an ordinance, and it keeps changing. “Where is this really going?” She didn’t feel the community needed a CAB and it would be wasting time and could weaken the police department. She asked they keep the safety of the community in mind instead of someone’s personal agenda in the background trying to use an incident from 2016 to get in the door. “As elected officials this is your job and your responsibility to oversee issues and have transparency so don’t pass the buck to the CAB. They weren’t voted in here. Take your responsibility back and do your job.”
Lockett said she believed personal agendas and vendettas against the police department have been happening in the background that have not been said or brought forth. She asked the council to vote now on the CAB and the safety of the community would be the most important. This could weaken the department, and safety could become an issue, and they would have more of a liability than the 2016 incident.
Ashely Castillo said she is a native of Silver City and expressed her concern over the new advisory board for the police. “I am in disbelief of the lack of support from this community for our local law enforcement. I think it is a shame we’re trying to tell these officers how to do their already difficult job.” The officers have to do extensive training to even become an officer. The people pushing the agenda must not be aware of what the officers have to deal with on a day-to-day basis. “I think it is a slap in their face to what their job entails. What they need is our support, not someone who has no law enforcement experience or knowledge of the law to tell them how to do their job.”
Castillo added it had been so easy for people to point out the negative things but how many had stopped to thank any of them, give them a compliment for a job well done. Most of the time the department has been understaffed, overworked and had to pull double shifts to make sure of town safety. She didn’t feel this board had any concern for the officers and only thinking of how they could make their job harder or impossible. Police should only be thinking about making it back home safely to their families. “I don’t think anyone realizes the ties these officers have to their community.” A number of them have been born and raised here and have deep roots within the community. She pointed out that Portillo has three kids and wants a safe community for his kids and a place for them to prosper. Many of the officers have kids and have involvement in their sports, churches and other community organizations. “To say they are out of touch with the community is just blasphemous. I am truly saddened by this agenda that has been put forth.” Police put their lives on the line every day and try to help others and the last thing that should be done would be to make it harder. “I feel safe when I see law enforcement around and no problem showing them support.” The department always puts on numerous events for kids and is always looking to strengthen ties within Grant County.
Putting in the advisory board would be a step in the wrong direction. Castillo said, “I think there are a lot of ways we can build bridges between law enforcement and the community. Chief Portillo’s door is always open. I don’t think we need a whole board to tell him how to handle recommendations and complaints.” Portillo has been in law enforcement since he graduated from high school and has had Silver City’s best interest at heart. Castillo suggested an appreciation board for the police officers that work tirelessly to keep the community safe. They should be building them up and not tearing them down. “Let’s find a different approach that is not degrading towards law enforcement and support them in protecting the community.” She said she wanted to point out to all the people booing in the audience that the officers will still protect and serve the community no matter what their opinion.
Cano asked for a point of order. Some of the people in the crowd had been booing and making comments while people had been speaking. She asked it to stop.
Kevin Hearst said he had a 27-year career in law enforcement and supports CAB. He had conducted compliance inspections on private and public entities regarding commercial vehicle operations. He had noticed in his career that state agencies operated in a reactive way to issues regarding changes in law enforcement policies rather than being proactive. Most times he had been required to have specialized training because of a bad incident involving a citizen death or mistreatment. Most times, the state had to pay out multimillion-dollar lawsuits and the training had been part of the settlement. “So, let’s be proactive and not reactive. I fully support the ordinance.” He continued by citing parts of the ordinance and what it could and could not do and it would not be locked in forever.
Victoria Reese has spoken about the CAB several times before. The first time she came she addressed the fear in the gay community of the police. It has just been growing but thanked Portillo because since that day Captain Hobbs had attended a PFLAG meeting. Another officer had come to another one of the meetings. She felt he had made an effort to reach out and try to help with the fear.
Reese said no one that has been for this ordinance has tried to say they know what a policeman’s job would be, and they understand it would be stressful. She added at the same time they don’t understand what a trained social worker could do since they have training in behavioral issues. The two could be a strong team.
Reese held up a pile of cards and said each one came from someone wanting to tell their story. Some minor things, some bigger. She recounted an incident someone told her about that happened before Portillo.
Reese went on about how the CAB could help and the chief would be making the decisions and would not have oversight. She ended with they would not go with a resolution and would only go for an ordinance. “This is something that could help the city and would get people that are intimidated to go to the police department where they are surrounded by guns and black shirts.”
Anne Lowe just wanted to say she supported the CAB and ordinance 1335
Laura Schoen came to ask what they had done to keep the downtown community safe. She spoke to the awareness event they would be holding. She hoped people would address how unsafe it has become downtown.
She has become accustomed to seeing people loitering, stumbling, talking to themselves and yelling at people. Recently she had a really bad experience. The guy she encountered had been dangerous, and she had to close early. The little girl next door had been afraid to close because of her boss. Schoen stayed with her. She watched the guy break into two cars and conduct drug deals. It has moved past loitering and become dangerous. “We have so many events coming that will bring people downtown.” People have been accosted, asked for money and been intimidated by these dangerous people downtown. She wanted the council to come downtown to see what has been happening, spend some time and not just drive by.
She said the shop owners would welcome them to come in and see what they have to deal with every day. The shop owners have given up calling the police because they can’t do anything. Schoen said people scream obscenities and threaten to kill people, but no one calls because nothing happens. “I would appreciate you all getting together and figuring something out.”
Lori Rogers said a variety of perspectives had been represented regarding the ordinance for the CAB. She was born and raised in Silver City. After graduating she spent a number of years in Albuquerque. Five years ago, she had moved back. She had questions as well as concerns with the ordinance. How much taxpayer money had been spent addressing the possible need for the ordinance? She meant how much of the salaries for the town manager, town attorney and chiefs time had been spent on this. “As a taxpayer I am concerned.” This took time away from them not being able to focus on the most pressing needs of Silver City.
“I served 28 years in public education. I was a teacher and served in other roles.” At times she had been pulled from her job duties because of those who believed they knew more than educators as trained professionals. This happens because almost everyone has had the opportunity to go to school so they have a false belief they know what running a school or teaching should look like. Input should be considered as a public servant and would be important. A process is in place for this. When an inordinate amount of time has been spent addressing these concerns it becomes a barrier to providing excellent education. She had been challenged by these restraints in the past to do her job. It took energy away from an already difficult job.
Those in law enforcement have to be trained professionals but it differs because most do not have that common experience of being a law enforcement officer or being directly involved with it on a daily basis. Input would be important and should be considered as public servants. A process has already been put in place. She asked how it would be beneficial to add another layer that further bogs the system down. The ordinance would be an additional layer. Rogers asked them to vote no on the ordinance.
Raul Turrieta came to speak on the Silver City Museum. He now holds the position of president of the Silver City Museum Society. He wanted to address a situation they have been dealing with. The society had taken the high road and keeping the information from the media. “We have run out of road. We’ve had to break down the relationship. The director, a city employee, has severed a 39-year relationship with the Silver City Museum Society.” He continued this has an impact on the community and had been because of the director’s abusive behavior. Turrieta said they had taken complaints to the city manager and mayor but didn’t have any meaningful change. Now they have been banned from the museum since January 2025. The society funds the museum with an average of $200,000 per year.
Initially they had faced significant difficulties accessing computer systems and important files which led to delays of operations. After exhausting all avenues, they found it necessary to call the sheriff to help retrieve necessary items. They now have to run operations out of a 175-year-old storage shed. Despite the challenges Turrieta said they remained committed to uphold the responsibilities to the community and ensure the services that they provide will continue. “We have to take whatever steps for the society that feels necessary. Our town manager has been missing in action. We have run out of room, and we have run out of road.”
Richard Miller expressed his thanks to the Silver City Police Department. “You’ve got an almost impossible job in today’s political and policy environment.” He thanked the city council members that have stood up to say they would do their job and not create another layer of bureaucracy. He added a thank you to the city manager. He said he didn’t support the CAB.
Jason Lockett wanted to take this time to ask the council to vote no on the CAB and especially the ones sitting on the council with special interests. A CAB for the police, while intended to foster accountability and community involvement, would create a special agenda that weakens public safety by prioritizing specific interest groups concerns over the broader community need for effective law enforcement. This could lead to decisions that may undermine police authority, diminish resources necessary for proactive policing or divert attention from critical crime prevention. This would ultimately compromise the safety and security of the community as a whole. Again, he asked them to vote no on the CAB.
Angela Flanders came to speak on something different than what has been on the agenda and hoped what she came to speak about would be on the agenda one day. She wanted to address the idea of whether dogs should be on or off leash on Boston Hill. She said dogs tend to be more aggressive and protective when on a leash than dogs that are not. She thought dogs needed to be trained on a leash and it would be important around town. Leash walking didn’t give dogs the exercise they really needed to be healthy. It would be great to have a place they could really run and use up energy.
Flanders said walking with the leash in one hand and a walking stick in the other has been difficult and could be a hazard. “We don’t want to discourage older people or handicapped from using Boston Hill with their dogs.” Some people have suggested the dog park, but it would be too small for large or middle-sized dogs. Boston Hill has five hundred acres and six entrances. She had looked for incidences on Boston Hill of dog attacks and nuisances and didn’t find any. In the past 20 years she knew of one incident.
Rhonda Van Dran said, “I’m a mother of a law enforcement officer.” Like most that graduate from the academy they leave the area for greater opportunities. Five minutes would be little time for her to express her concerns regarding the proposed ordinance for the CAB. Driving our police away by increasing their burdens was one of her concerns. She brought up the amount of police that leave the force by their own hand. Suicide has been too common. She had spoken to her son in law enforcement about the CAB. He had shown her a video of a police officer in Las Cruces that had been murdered responding to a call. She played it for the council and described the scene. After being shot, someone had stopped to try to save the police officer. This officer had not done anything wrong. Fortunately, an armed person had been able to stop the progression. “We have a capable police chief, let him choose his priorities. Help him to successfully serve those in need.”
Brandy Jaure said she has been a social worker that serves the community. “I am against the CAB.” She believed it would just be a duplication of processes in place and the comments about micromanaging to be valid. She said she knew this not only as a social worker but the wife of a police officer. “Their job is very dangerous, and it is already difficult to retain police officers and recruit.” CAB would be another layer of bureaucracy. A procedure already exists to what CAB would be doing. The only way to strengthen the department would be to encourage that process and be transparent so community members can use it.
“Why do we need a third party to third party report these concerns if there is any? Portillo’s door is open.” The officers take their oath seriously to protect and serve the public. Brandy Jaure said they should consider that this could create more challenges and concerns about recruitment and retaining officers. The officers already have been scrutinized and feel it. They go through the academy and training processes. After that they have to go through on the job training for a length of time.
She continued with concerns about the make up of the board. They only allow for one position to be a police officer. If they wanted it to be pro law enforcement, it should be more than one. “Why don’t they want that perspective there?” She had more concerns, but her time had been up. She finished with it being difficult to understand how these board members would not be biased and anti-police.
George Carr addressed two issues he thought paramount, trust and accountability. Tonight, the council had an ordinance to establish a CAB to provide citizens an avenue to report police misconduct to and entity outside of the police. “If this right had been available in 2016 the gross receipts tax would likely be lower.” Since 2016 the city has made no proposal or offered any suggestion on how citizens’ complaints can be made to anyone else besides the chief of police. He continued with how the ordinance would not change anything and only give citizens an opportunity to express their concerns.
Carr continued that the voters of the community will recognize this a simple matter of trust and accountability. “If the effort of this body is to block any form of criticism of the police you will not build any form of community trust.” He asked the council to do their jobs. “You don’t need to create chaos and division.”
Daniel Duran Paiz is a New Mexico native, born in Santa Fe. He will be turning 68 and has lived with his partner, Mark, for three-and-a-half years in Silver City. They have been together for 44 years. “We love Silver City and would live nowhere else, especially considering the present political climate. We plan to spend the rest of our lives here.” Having said that he said he needed to stand up for what would be right. At last year’s Tour of the Gila, he had worn a T-shirt which read Boycott Israel, Free Palestine. They had been sitting on a bench at a bus stop near Adobe Springs. “I was aggressively approached by an individual who yelled at me. I told him I didn’t want to talk to him. He kept yelling in my face and when I tried to stand up to him, he head butted me. I went down losing consciousness for a second.” His partner Mark took after the assailant with the dog. This situation escalated in a number of ways. He had a bad interaction with an EMS provider and the police. The EMS provider had come to his assistance to help, and he didn’t want it. The police would not give him the name of the EMS volunteer for the bike race that had come to his assistance. “I know who you are now” and he advised the police to not have him come back.
Mark Duran Paiz continued with the story. He had continued to follow the person down the street that head butted his partner and photographed him. He went over all the events of the police chasing the man and his partner showing up finally. The EMT volunteer had tried to stop his partner from standing up after being knocked unconscious, and he wanted him arrested also. The story went on for some time.
Hector Carrillo, Bayard police chief, came to support Silver City Police Chief Portillo. He felt the decision today could have a significant impact on the community he serves. He strongly opposed the CAB group with oversight functions that could lead to misinformed and recommendations that conflict with established policing best practices.
Law enforcement requires years of training and is highly specialized. Subjecting critical decisions to external influence from individuals unfamiliar with the policing tactics, legal procedures and public safety protocols could result in unintended consequences that jeopardize officer safety and operational efficiency. The group could also create an unnecessary layer of bureaucracy slowing down decision-making processes that require swift and decisive action.
Carrillo continued that police already operate under multiple layers of oversight including Internal Affairs Division and the New Mexico Law Enforcement Academy Board Division. Adding another group would lead to redundant oversight and diminish officer morale. Officers already work under intense scrutiny and adding yet another external board to evaluate could contribute to hesitation in critical situations.
He urged the council to reconsider the establishment of the CAB and instead strengthening existing community engagement initiatives. He suggested fostering dialogue through structured public forums and enhance training programs to address community concerns.
Milonius Flynn Hawkes came to support the CAB. “I am 26 and a resident of Silver City. I stand here today to voice my support.” He said he had read the ordinance. Having the four designated positions, mental health professional, two social workers and one person with a background in public education would be a positive thing for the town. Gila Regional Medical Center no longer has a behavioral health unit and focus needs to be on finding alternatives to care for these people that need it. “Police are meant to enforce the law, but we need a wider variety of support for our community which included mental health services.”
Sharon Bookwalter had spoken several times on the CAB and had been part of the committee to put it together. “This room is an embodiment of American democracy itself, and I am grateful to be part of it.” The ordinance had evolving versions, and the council had proposed a resolution instead. For those continuing to oppose the ordinance she had some things to point out that had been pointed out in previous meetings. She went over and read some parts of the ordinance.
Bookwalter said at every step of the way when meeting with town officials they had conceded to everything asked that would not compromise the integrity of the proposed board. Going forward if they have to resubmit the proposal it will be better informed by the insight into existing laws and agencies.
Jennifer Metzler said she had a heck of a month in Silver City. If you want to get to know the police and code enforcement work at The Commons and live on Swan Street. She had been in Silver City since she had been a little kid and had seen some strange things happen. She has worked at The Commons for seven years and works as the senior program manager. “I feed people, run YCC programs and provide affordable housing to seven community members.” She added she had been raised by radical hippies.
Metzler said her contact had not been negative and started naming them all and thanked them. It had been a weird month. They had some property spray painted, and the kids continued to hit many more places. Then they had a bus that parked on Texas Street. These individuals had cut the commercial fence down and had been parked illegally and been cited. They had done $2,500 damage. These individuals continued other forms of destruction.
She thought why can’t the police do something. They have all kinds of rules they are bound to, and it makes it hard when a person feels frightened and stressed. The people later broke into one of the properties and had been doing what they wanted and setting up house. At that point they had been able to arrest them. Metzler wanted to thank the officers again for their help.
David Stapp said he would make his comments short and defer to others more eloquent. “I am in strong favor of the development of this citizen advisory board.” He told Portillo, he would be at his office since he found out he had an open-door policy.
Eddie Flores said he came to speak as a person with 39-and-a-half years of law enforcement experience. He had started with the Silver City police department and four years later became a New Mexico state police officer and retired as a captain in this district. Currently and for the past 17 years he has been the police chief for Western New Mexico University. To this day Flores still handles calls whether it means unlocking a door, larceny or burglary. “I still know what these officers go through.” He had been born and raised in Silver City and as a citizen he had come to ask them to vote no on the CAB.
Flores said from his 39 years’ experience he knew these boards don’t often have people on the board with enough experience, knowledge of operations, procedures or policies to be an effective committee, especially in a small town like Silver City. The department does not have any major problems; the officers have been well managed. This would not be like the bigger cities of Seattle, Oakland and closer Albuquerque. “This is simply a micromanaging tool that is politically motivated.”
Flores said, “It’s tough to be an officer, unless you have been in those shoes or boots and putting your life on the line and making split decisions to save someone’s life or your own you don’t know. Then get chastised for it after the fact.” Nobody wants to do this job anymore and the CAB would just make recruitment and retention more difficult. The officers go through enough with training requirements, procedurals, internal affairs and everything else to be an officer. The CAB just adds another layer of bureaucracy on them.
When someone needs an officer, they want them now and don’t care who it is. “If this passes, we are not going to have officers to respond.” Flores told the council they were the chain of command and that needs to be followed. “You are (referring to the council) the citizens’ advisory board. You are elected.”
Flores said, “I strongly ask you to oppose this board. You’re elected. Don’t let somebody else do your job. We have a great chief, a great city manager, and a great civil society police department.”
Peter Stubben had come to speak on the CAB ordinance and said like many others he also would be very much against it. “I have seen them in action around the country and although the intent is to create better trust and accountability it perversely creates the reverse.” He thought the ordinance as written had been a bit pretentious and naïve. He added that as written would be very anti-police.
Stubben wanted to speak directly to the composition of the board and their powers and duties. It says the board would be the most efficient avenue for dialogue between the citizens and town officials. He didn’t think that would be the most efficient. Ladner said his time had been used and he could not finish his comments, so he passed them to the town clerk. He added, “Please vote no on this ordinance.”
Janna Mintz said she has been a resident in the Silver Heights neighborhood and a constituent of Bencomo’s district. “I am a property owner and a small business owner.” She wanted to quote some of the language in the CAB ordinance that she felt important to her. The part she read spoke to the trust between law enforcement and citizens. “I am in favor of the ordinance, and I encourage you to vote for it. I desire to live in a safe community in which feedback from the public and a wide array of points of view are seen as assets not threats.” She wanted to see the town mitigate future potential liabilities and insurance premiums and spoke to the high gross receipts tax.
Mark Van Buskirk said he was born and raised in Silver City and had returned about 5 years ago. He currently is a licensed attorney in another state and has done litigation for almost 30 years. He spoke to a case he had lost and then taken an appeal to the supreme court. It had been about how to interpret a statute. People have read this ordinance and have different views on what it means. “I can tell you that no one knows what it means until a judge tells you what it means.”
This ordinance creates an agency relationship between the city and the board. That means the city will be liable for anything the board does. He provided an example of the board writing a report that would be public record, and that report has inaccurate information that results in defamation of an officer and damaging his current or future employment prospects. The city will be liable. “I want you to think about that.”
Van Buskirk said he knew the council could not dialogue with him, but he asked if they had submitted this proposed ordinance to their insurance carrier and received assurance in writing from them that if the board does something wrong the insurance company will cover the damages. Van Buskirk added he supported PFLAG and glad they had attended. He supports the local chapter and had been glad to hear about the officers’ attending meetings. That should be how it works and not injecting another layer in between the two and keeping them apart.
Van Buskirk asked the council to think about the ordinance because it would do more harm than good. Put it aside for a year and continue with developing relationships.
Janet Wallet-Ortiz said tonight they had the opportunity to do a good thing and vote for the CAB. She said she had lived in Silver City for 40 years and wanted to publicly thank those volunteers who had worked on this ordinance for the past 4 years. She thanked Snider for stepping up and representing his constituents. “We all know that frustration still exists even after past traumatic experiences, and I am not just saying the one in 2016 but there is also 2023.” She cited a number of remarks made by people speaking and information about the CAB she had brought forward in other council meetings.
Lorna Ruebelmann said she is a member of the ACLU and has been working on this for several years. “I was very pleased to go to the detention center and find out some of the things that law enforcement is doing right, and I have never had any trouble with the cops myself.” She found out while at the detention center, they had been working on a program of social work and the disabled and now have an opportunity to obtain help. She added she supported the CAB.
Andy Payne who had spoken several times said the ordinance would not be an attack on the police. It had been done to reach out to the police and help them. A segment of town has trust issues with the police department. He pointed out he didn’t have trust issues and has heard a lot of good things about Portillo, and he has a lot of support. “He is liable to be hired away to another police department, and we have to be proactive. The next person that occupies that chair may not be as trustworthy.” He continued with what he had said before about CAB and how it will increase the trust and communication between police and the community that has trust issues.
Wendy Graves said she had spoken about the CAB in previous meetings and would be brief. “I feel safe in Silver City and thank the police and their leadership.” She didn’t feel the ordinance showed any criticism of the police. It didn’t say oversight it said advisory role. She asked that the ordinance be passed.
The council took a 10-minute courtesy break.
Reports
Managers report
Alex Brown, town manager, wanted to remind everyone that this would be the last meeting for Jim Reynolds, town attorney, as he would be retiring at the end of the month. They have contracted with a New Mexico law firm used in the past on an election issue. The town will also be advertising for a regular full-time attorney. Brown said he wanted to thank Reynolds for everything he had done for the town. They had worked with him first as a prosecutor and then aa an in-house attorney. “Thank you very much for everything you have done for us.”
Ladner said, “I want to personally thank you for all the help you have given me. It’s been really valuable and good luck to you in the future.” Bencomo said they had only worked together for a short time but any time he had needed anything he had really helped him understand the things he needed to. Cano said, “Mr. Reynolds, I am so sad you’re leaving. I’ve been on this council longer than anyone else and I’m going to cry.” She lamented about not getting along with the last attorney. “When you came you were a breath of fresh air. You have been so wise and calm in the way you have advised us. You are the reason Mr. Brown and I get along now. That has helped the town tremendously.” Cano said she would really miss him because he had helped her more than she ever expected an attorney to in the past few years. “Thank you very much for all your service. Snider said they had only worked together for a little while and he appreciated his advice. Prince said they had had= great philosophical debates over government. “I have never doubted your commitment to this community.”
Brown announced that Jacque Olea, acting assistant town manager, has been promoted to assistand town manager.
Public hearings
The council approved the request authorizing the vacation of 20.27 square feet of a portion of 6th Street adjacent to the property address of 511 N Black Street. The application came from Kathleen Cole.
Cole had not been able to attend but her real estate agent Dan Cook had come to speak in her place. Snider said he had talked with Cole before on the matter by phone and texts but didn’t see any problem being impartial. Olea and Cook were sworn in to testify.
Olea said Cole had bought the property for cash in 1999 and a survey had not been needed. Currently the Coles have moved to another state and have put the property up for sale and the encroachment had been found due to a potential buyer needing a lender. The piece takes up about 18 inches by 20 feet. Because of this the first contract fell through. Oleas said they had vetted all department heads, and they had no comment on the vacation of the property. They had also reached out to every property owner within 300 feet of the subject property to inform them of the application. One letter had come back undeliverable and unable to forward. No other input had been received. They had met all four finding requirements. The appraisal came in at $73. Cole will pay for all fees associated with the vacation. Prince asked about utility lines and Olea said there were not any. This property went back to 1883, and this had been the first time a problem had been found, and no utilities would be under the wall.
Cook said this had been a hardship for Cole finding out about this easement. The home has existed since 1883, and this had never been an issue. Hard to believe it has been all cash deals up until now. The lenders would just be trying to protect their interests. The wall in question is load bearing and would be a major project to move. The last buyer terminated the contract and now they have a new buyer, a prominent business owner in Silver City that appreciates historic homes.
New business
The council approved resolution 2025-11 vacating a portion of the 6thStreet right of way. Olea said this would be the sister resolution to the public hearing item just approved.
The council approved resolution 2025-12 to acquire and retransfer federal property for suitable purposes for the homeless. Randy Hernandez, community development director, said this resolution had been brought before the council based off off a notice received from the General Services Department of the federal government. They have deemed the US Army Reserve Center at 500 E Pine Street as federal surplus property through the department of Housing and Urban Development. The local governments as well as school districts have been notified this property can only be used for homeless suitability purposes. The town, school districts, Southwest New Mexico Council of Governments and the Western Regional Housing Authority have worked to identify a meaningful project. They will be using it for transitional housing for students and their families under the McKinney Vento Program. This will be preliminary, and the resolution has been a requirement of the federal government and will only be for the application process. Cano said she supports this 100 percent, and it could help a lot of families. Prince agreed.
The council approved resolution 2025-13 authorizing the application for funding assistance through the New Mexico Interstate Stream Commission (NMISC) for funding from the New Mexico Unit Fund for water utilization projects. Brown said this would be for an asset management plan. It had been started in 2018 but dropped during covid. The cost can range from $150,000 to $200,000 but there would not be any match. The first application for planning and design will be in June of 2025.
The council disapproved the notice of intent for ordinance 1335. This was for the community advisory board (CAB).
Snider had been the sponsor of the ordinance. The citizens for community and safety had been working on it for four years. He said it had more research and discussions than most ordinances. He went over who all had worked on it and the structure of the board proposed.
Cano didn’t have any questions, just comments. The ordinance has a lot of issues. She had been approached many years earlier and at the beginning thought it would be a good idea, and then she received the ordinance. “In my time in office finding compromise has been really important to me for everything.” She said she and former council member Jose Ray had to find middle ground many times and does now with Bencomo.
“This is somewhere I thought we could find middle ground”. That had been her reason to agree to be on a subcommittee. At a point they had some middle ground because the town administration, chief of police and police union said if it was a resolution they would work on it. The committee completely denied it. At the last subcommittee meeting, a detective had attended and explained how this ordinance would be a problem. He asked for a resolution instead and again it had been denied. “I found myself at a different place and deciding this would not be the best thing for us right now.” Cano said this ordinance has brought her more threats, ugly comments and hate than any other ordinance that she has dealt with in 12 years. “It is really sad to me especially given the importance of this process. Never have I received so many threats as an elected official.” Most had demanded if she vote a certain way she would be removed from office.
She had recently attended a Democrat Party meeting, and they had a presentation on CAB. It was a public meeting, and they have always had public meetings but recently changed it to Democrats only. Cano had a recording of comments made by Bookwalter. She said they had two people on the council for the CAB and two opposed. The mayor had been opposed also so it would not pass. She went on to say on the recording that they could make sure the positions open in November be filled by people that support CAB.
Cano, when she first took office, had been told by a mentor mayor on her first day. He had said the municipal league is supposed to be nonpartisan. He continued, “My job is not to keep my job. My job is to do my job.” Cano said, “Tonight my job is to vote no on the ordinance because in its current form it is not good for our town.”
Snider said four cities have a CAB and named Carlsbad, Socorro, Albuquerque and Santa Fe. He added that all had been established through ordinances. “In order for this ordinance to function in its fullest we need to have it be a law.”
Bencomo said he had heard plenty over the last month or so, those for and those against. “I am not in support of it.”
Prince said one of the hardest parts in his now fourth year on the council has been his constituents coming to him with concerns, particularly underneath the departments in the city. “Having tried to work through the chain of command of the city, I have been stonewalled, footage withheld and accused of terrible things.” He asked the committee to continue their good work. “Our democracy requires the engagement of intelligent citizenry, especially compassionate citizenry. I have genuine concerns and fears about our current process.”
Prince and Snider voted to pass the notice of intent for ordinance 1335. Cano and Bencomo voted no and that left the tie to be broken by Ladner. Ladner voted no.
Ladner made a few comments about the ordinance. He said he had received a number of calls on the issue and it had been half and half. The people that spoke during public comment he felt had also been half and half. He had spoken to the town attorney, and he had pointed out some things. “I know other communities might have this kind of board, but we are not other communities.” Silver City has a charter and in that charter the city manager has the sole responsibility of running the town. Council members cannot interfere with this duty. However, the city council hires and fires the town manager. The council’s duty has been to evaluate the town manager’s performance and make course corrections as needed. The town manager has oversight of all the departments, including the police department.
Ladner said he didn’t think the intention for those that created the ordinance had been oversight but no matter how it had been spun in his opinion it would be oversight and interfere with the role of the city manager. The council must give oversight to the city manager. “I am hoping the council will begin to create an evaluation instrument that will allow the oversight needed to make sure all city departments including the police will function properly. He had met with Portillo, and he has a program coming out that will address the concerns of citizens he had heard from.
Ladner added that the work the group had done had not been in vain. It had raised questions and issues that some of the community members have with the police.
After Ladner voted no, the crowd broke into a lot of booing and yelling.
The council approved ordinance 1336 amending the municipal code. Reynolds explained what this amendment was about. It has to do with right- aways that had not been previously defined. It will take care of some problems that code enforcement has had. People have placed signs and such on town property that may restrict line of view and be hazardous. He provided a number of examples. In the past code enforcement could not do anything and now they can. He brought up the incident that a person has spoken to in public comment concerning a bus that had parked. Reynolds spoke to a boulder that had been placed on city property and the problems it had caused that this would address. People will have to obtain approval now.
The discussion of what it included and didn’t continue, but all thought it would be a good idea.
The council approved ordinance 1337 amending the municipal code. Reynolds explained this had been brought it to his attention by code enforcement. Although parks have prohibited acts, and he listed some of them trails and open spaces do not. They have had problems with people camping and throwing out trash in the trails and open spaces. This amendment would allow them to use the same rules in trails and open spaces as city parks.
Prince had three points he wanted addressed. He and Reynolds went back and forth on these points. Most had to do with language that would qualify as fighting words. Reynolds quoted some court cases and what it had meant. He continued with the language of several other points in the ordinance that he wanted Reynolds to address.
Ladner wanted to recognize a past Silver Consolidated Schools superintendent, Fred Vega, who had attended the council meeting.
Meeting adjourned