Ruffini Bites the Big One
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Since: Mar 10

Location hidden

#1 Aug 12, 2010
Article 5 Section 13 of the Constitution of the State of New Mexico clearly indicates that all appointed or elected officials within a municipality must reside within their district of jurisdiction. Two previous New Mexico Supreme Court decisions uphold this statutory law, as well as several opinions written by New Mexico Attorney Gernerals in the past.

For Mayor Lori Montgomery to submit an application on behalf of Mr. Ruffini from her place of employment was not only improper, but borders on that narrow margin of sufficiently corrupt action that questions not only intent, but legality.

Mr. Ruffini's acknowledgement of a "personal or financial" interest in the proposed rezoning of a 2.1 acre tract of land by Mr. Braxton Merritt, during the last Truth or Consequences Planning and Zoning Commission Meeting provides adequate evidence of his lack of impartiality.

It is inherently detrimental to the City of Truth or Consequences to continue to allow the citizens of Elephant Butte City to involve themselves personally in the affairs of our sovereign municipality. Should they feel obligated to provide their services to the community in a poitical role, they should do so in their own zip code of record.
hand slap

Silver City, NM

#2 Aug 13, 2010
Even though we've seen both the Secretary of State and the Attorney General offices only slap the hands of T or C/Elephant Butte/Sierra County players, I encourage you to keep filing complaints. Just know it will get thwarted. But, any and all public awareness information is a help. Don't give up.

Thank you Brad for bringing it to the forum.
Kase refused

Albuquerque, NM

#3 Aug 14, 2010
Anyone wonder why Kase decided the NM Constitution had no importance when the issue of Ruffini as a nonresident was brought up last year in court?
hmmmm

Espanola, NM

#4 Aug 14, 2010
None of you give back to this community you only bitch when quality people volunteer.
quality people

Silver City, NM

#5 Aug 15, 2010
well, hmmmm, what is your definition of "quality people"?

(checkmark all that apply):
___ don't abide by residency laws
___ get on boards/committees/commissions to advance their own business and/or financial interests
___ vote and/or make decisions that don't reflect
"greatest good for all", but promote friends and people of influence, or personal agendas
___ use boards/committees/commissions to advance to other more influential positions
___ in a word "nepotism" - because it makes communication easier
___or, get a spouse/intimate partner to sit on one committee/board/commission while the other sits on other committees/boards/commissions (so no legal accusation of nepotism can be charged)
___ get on as many boards/committees/commissions as possible so greater power over decisions can be made that affect more outcomes (called domination, but officials say it just has to be done becuase "nobody" volunteers)
___(fill in the blank)
hmmmm

Espanola, NM

#6 Aug 16, 2010
quality people wrote:
well, hmmmm, what is your definition of "quality people"?
(checkmark all that apply):
___ don't abide by residency laws
___ get on boards/committees/commissions to advance their own business and/or financial interests
___ vote and/or make decisions that don't reflect
"greatest good for all", but promote friends and people of influence, or personal agendas
___ use boards/committees/commissions to advance to other more influential positions
___ in a word "nepotism" - because it makes communication easier
___or, get a spouse/intimate partner to sit on one committee/board/commission while the other sits on other committees/boards/commissions (so no legal accusation of nepotism can be charged)
___ get on as many boards/committees/commissions as possible so greater power over decisions can be made that affect more outcomes (called domination, but officials say it just has to be done becuase "nobody" volunteers)
___(fill in the blank)
How about he is on one board and that board is only an advisory board to the commission, he is a business and land owner in Truth or Consequences, Does he make money? I hope so that is what being in business is about. Does he give back to the community that he was raised in? Yes.

What have you and your buddies given back? nothing... what have you taken? Thousands of dollars in legal fee's.

Since: Mar 10

Location hidden

#7 Aug 16, 2010
hmmmm wrote:
<quoted text>
How about he is on one board and that board is only an advisory board to the commission, he is a business and land owner in Truth or Consequences, Does he make money? I hope so that is what being in business is about. Does he give back to the community that he was raised in? Yes.
What have you and your buddies given back? nothing... what have you taken? Thousands of dollars in legal fee's.
Good argument... Are you a lawyer, or just a shyster?

The Constitutional Law that was established in 1911 makes no reference to "advisory boards" because there were none in existence at that time. Every form of official public service in existence at that time, whether an appointed or elected position, was specfically enumerated in Article 5, Section 13, of the Constitution of the State of new Mexico.

So, you are going to argue that because Mr. Ruffini was born here, and makes a lot of money off of his businesses here, and will make even more off of the decisions that he is involved in as a member of the Truth or Consequences Planning & Zoning Commission, that somehow those facts are more important than adherence to actual statutory law, prior judicial precedent, and the opinion of numerous Attorneys General? He lives in Elephant Butte.

I know that Mr. Ruffini and his pals are prone to the "Republic of the Rich" argument, but unfortunately, everyone else in our state, and throughout this great nation of constitutional construction, clearly accept the incontrovertible fact that property ownership and personal wealth do not trump the sanctity of law. End of story.

Try to argue that in an objective courtroom and you'll end up paying the attorney's fees for the opposing side, supergenius. Or should I just call you Wile E. Coyote?

“Liberty and justice for all”

Since: Jan 10

Location hidden

#8 Aug 17, 2010
hmmmm wrote:
<quoted text>
How about he is on one board and that board is only an advisory board to the commission, he is a business and land owner in Truth or Consequences, Does he make money? I hope so that is what being in business is about. Does he give back to the community that he was raised in? Yes.
What have you and your buddies given back? nothing... what have you taken? Thousands of dollars in legal fee's.
No matter what you or the City Commission claims, the Planning & Zoning Commission by state statute is not simply an "advisory board." It is a "regulatory agency." The P&Z Commission is quasi-judicial.
conflict-of-inte rest

Silver City, NM

#9 Aug 17, 2010
hmmmm wrote:
<quoted text>
How about he is on one board and that board is only an advisory board to the commission, he is a business and land owner in Truth or Consequences, Does he make money? I hope so that is what being in business is about. Does he give back to the community that he was raised in? Yes.
What have you and your buddies given back? nothing... what have you taken? Thousands of dollars in legal fee's.
"hmmmm" states the board is ONLY advisory. Does that somehow mean, therefore, members can/should vote or "advise" for personal gain? There are numerous boards in T or C who seek members from representative industries, for example. Look at Tourism whose board is currently seeking a restaurant representative. What people in T or C haven't monitored or controlled is that many believe the "representative" can then vote and advise to result in financially helping his/her own business. That's not what should be happening. The "representative" SHOULD represent the INDUSTRY.

The other tactic of sitting on as many boards/committees as possible so influence (personal gain) is assured is as clear a conflict-of-interest as it gets. T or C doesn't monitor or control that either. In fact, many promote it, justify and encourage it (claiming there aren't enough volunteers in T or C).

Advisory? We all know influence and decisions are almost never made during a legal committee/board vote. They're made in what's called T or C backroom deal making. How many have taken place at the Hilltop - you know the now disgraced, downgraded, filthpit of a restaurant in T or C?

And, a note to "hmmmm": where did you learn to use the apostrophe in sentence structure? Uh oh, Sierra County schools forgot to teach the difference between plural usage and possessive usage.

Conflict-of-interest? Prove it. And, that's difficult to do.

Correction HAS to occur at the front end: NO conflicts-of-interest allowed, REQUIRED adherence to residency rules, representing means FOR THE GOOD OF ALL, not personal gain.

“Liberty and justice for all”

Since: Jan 10

Location hidden

#10 Aug 17, 2010
conflict-of-interest wrote:
<quoted text>
"hmmmm" states the board is ONLY advisory. Does that somehow mean, therefore, members can/should vote or "advise" for personal gain? There are numerous boards in T or C who seek members from representative industries, for example. Look at Tourism whose board is currently seeking a restaurant representative. What people in T or C haven't monitored or controlled is that many believe the "representative" can then vote and advise to result in financially helping his/her own business. That's not what should be happening. The "representative" SHOULD represent the INDUSTRY.
The other tactic of sitting on as many boards/committees as possible so influence (personal gain) is assured is as clear a conflict-of-interest as it gets. T or C doesn't monitor or control that either. In fact, many promote it, justify and encourage it (claiming there aren't enough volunteers in T or C).
Advisory? We all know influence and decisions are almost never made during a legal committee/board vote. They're made in what's called T or C backroom deal making. How many have taken place at the Hilltop - you know the now disgraced, downgraded, filthpit of a restaurant in T or C?
And, a note to "hmmmm": where did you learn to use the apostrophe in sentence structure? Uh oh, Sierra County schools forgot to teach the difference between plural usage and possessive usage.
Conflict-of-interest? Prove it. And, that's difficult to do.
Correction HAS to occur at the front end: NO conflicts-of-interest allowed, REQUIRED adherence to residency rules, representing means FOR THE GOOD OF ALL, not personal gain.
April, they think you're me (or Kim). LMAO.
Ruffini resigned

Silver City, NM

#11 Aug 18, 2010
And now Ruffini has officially resigned from the P&Z Commission.

While the newspapers and even the P&Z members will give differing reasons for his resignation, no doubt SOME pressure about residency affected his decision.

It was the right thing to do.

Now, who's going to address P&Z member, Lee Foerstner's actions/votes/influence - and all the illegal goings on he's done at Riverbend regarding planning, zoning, parking, building permits, water permits, spa regulations, etc.?

Isn't it interesting how T or C can try to keep their little circle in tact while thwarted/ignoring state laws, rules and regulations.

The EPA should make a visit to T or C's P&Z Commission.
an average taxpayer

Williamsburg, NM

#12 Aug 18, 2010
Ruffini resigned wrote:
And now Ruffini has officially resigned from the P&Z Commission.
While the newspapers and even the P&Z members will give differing reasons for his resignation, no doubt SOME pressure about residency affected his decision.
It was the right thing to do.
Now, who's going to address P&Z member, Lee Foerstner's actions/votes/influence - and all the illegal goings on he's done at Riverbend regarding planning, zoning, parking, building permits, water permits, spa regulations, etc.?
Isn't it interesting how T or C can try to keep their little circle in tact while thwarted/ignoring state laws, rules and regulations.
The EPA should make a visit to T or C's P&Z Commission.
Maybe we can get the owner of that dump on Van Patten living in Elephant Butte to run for the position!

Since: Mar 10

Location hidden

#13 Aug 21, 2010
The Mayor of T or C, Lori Montgomery, who submitted the P & Z application of Raymond Ruffini to the city clerk's ofice via the fax machine at her place of employment(New Mexico State Veteran's Hospital), has summarily decided that she will not accept his resignation from the Planning and Zoning Commission.(Oh, darn!)

In essence, this means that a man who has publicly admitted a personal or financial interest in a proposed rezoning request with multiple required variances, and who is ineligible to serve on that commission under the rules of the Opening Meetings Act, is being publicly encouraged to stay at the "discretion" of the very public official responsible for submitting his application for the position in the first place.

If you find yourself getting dizzy, don't worry too much, that's just local politics in Truth or Consequences, New Mexico!
an average taxpayer

Meadville, PA

#14 Aug 28, 2010
durablebrad wrote:
The Mayor of T or C, Lori Montgomery, who submitted the P & Z application of Raymond Ruffini to the city clerk's ofice via the fax machine at her place of employment(New Mexico State Veteran's Hospital), has summarily decided that she will not accept his resignation from the Planning and Zoning Commission.(Oh, darn!)
In essence, this means that a man who has publicly admitted a personal or financial interest in a proposed rezoning request with multiple required variances, and who is ineligible to serve on that commission under the rules of the Opening Meetings Act, is being publicly encouraged to stay at the "discretion" of the very public official responsible for submitting his application for the position in the first place.
If you find yourself getting dizzy, don't worry too much, that's just local politics in Truth or Consequences, New Mexico!
Sounds like you are plain damn jealous to me. Here is another successful business man in the sierra county area. Maybe you should try to so something successful for yourself. Could be all you need to put your mind at ease.

Since: Mar 10

Location hidden

#15 Sep 6, 2010
an average taxpayer wrote:
<quoted text>
Sounds like you are plain damn jealous to me. Here is another successful business man in the sierra county area. Maybe you should try to so something successful for yourself. Could be all you need to put your mind at ease.
Sedatives, and a mild case of self-delusion would both probably also succeed in putting my mind at ease. There is no jealousy.

The problem with such a solution, and the one which you so readily offer, is that they would both validate the continued reliance of our local economy on state and federal funding.

I personally believe that there are an abundant number of qualified candidates from within Truth or Consequences willing to accept the responsibility of sitting on the Planning and Zoning Commission.

btw- Sierra County is supposed to be capitalized... just like Elephant Butte City, New Mexico.(home of Raymond Ruffini)

“NM Desert Rat”

Since: Mar 08

Elephant Butte, N.M.

#16 Sep 7, 2010
If Mr. Ruffini does live at Elephant Butte then he has no business being on the P&Z Board in Truth or Consequences. The law is pretty clear on that. Is he on the P&Z Board in Elephant Butte?

Since: Mar 10

Location hidden

#17 Sep 8, 2010
NM Desert Rat wrote:
If Mr. Ruffini does live at Elephant Butte then he has no business being on the P&Z Board in Truth or Consequences. The law is pretty clear on that. Is he on the P&Z Board in Elephant Butte?
Last month, Raymond Ruffini submitted a letter of of resignation regarding his position on the Truth or Consequences Planning and Zoning Commission that went into effect on August 5, 2010.

For more than two years Mr. Ruffini served illegally as a public official of Truth or Consequences, when in fact, he was a registered voter in Elephant Butte City, New Mexico.

Mayor Lori Montgomery and Commissioner Stagner refused to recuse themselves from the vote regarding Mr. Ruffini's appointment, although their business relationships with him constituted a conflict of interest. Both new that Mr. Ruffini was an Elephant Butte resident, and in fact, Mayor Montgomery actually submitted an application for the position on behalf of Mr. Ruffini to the office of the city clerk from a state-owned fax machine at her placeof employment.

This internecine conspiracy, which succeeded in placing a professional contractor from Elephant Butte City on the Planning and Zoning Commission of Truth or Consequences, was defended by City Attorney Jay Rubin, in direct contradiction to specific New Mexico Supreme Court precedents and multiple opinions authored by New Mexico Attorneys' General.

The truly unfortnuate victims in this debacle are the citizens of Truth or Consequences who must shoulder the burden of unnecessary cost created by such a blatant vioaltion of state law. Any and all decisions and recommendations made by the Planning and Zoning Commission during Mr. Ruffini's tenure are subject to appeal under provisions of the New Mexico Opening Meetings Act(NMSA1978).

“NM Desert Rat”

Since: Mar 08

Elephant Butte, N.M.

#18 Sep 8, 2010
durablebrad wrote:
<quoted text>
Last month, Raymond Ruffini submitted a letter of of resignation regarding his position on the Truth or Consequences Planning and Zoning Commission that went into effect on August 5, 2010.
For more than two years Mr. Ruffini served illegally as a public official of Truth or Consequences, when in fact, he was a registered voter in Elephant Butte City, New Mexico.
Mayor Lori Montgomery and Commissioner Stagner refused to recuse themselves from the vote regarding Mr. Ruffini's appointment, although their business relationships with him constituted a conflict of interest. Both new that Mr. Ruffini was an Elephant Butte resident, and in fact, Mayor Montgomery actually submitted an application for the position on behalf of Mr. Ruffini to the office of the city clerk from a state-owned fax machine at her placeof employment.
This internecine conspiracy, which succeeded in placing a professional contractor from Elephant Butte City on the Planning and Zoning Commission of Truth or Consequences, was defended by City Attorney Jay Rubin, in direct contradiction to specific New Mexico Supreme Court precedents and multiple opinions authored by New Mexico Attorneys' General.
The truly unfortnuate victims in this debacle are the citizens of Truth or Consequences who must shoulder the burden of unnecessary cost created by such a blatant vioaltion of state law. Any and all decisions and recommendations made by the Planning and Zoning Commission during Mr. Ruffini's tenure are subject to appeal under provisions of the New Mexico Opening Meetings Act(NMSA1978).
Thank you for the additional information. I'm not quite ready to think this is a conspiracy but it does raise some interesting questions.

Since: Mar 10

Location hidden

#19 Sep 14, 2010
NM Desert Rat wrote:
<quoted text>
Thank you for the additional information. I'm not quite ready to think this is a conspiracy but it does raise some interesting questions.
Does the fact that the actual members of the Truth or Consequences Planning and Zoning Commission recommended accepting the resignation of Mr. Ruffini mean ANYTHING to you? The Truth or Consequences City Commission voted to write a letter asking Mr. Ruffini to reconsider his resignation. Does that actually impress upon you the very POLITICAL (and illegal) nature of Raymond Ruffini's appointment?

Please... forget that my name is durablebrad.

This guy is from another town, owns a title business, and is a contractor who builds both housing and commercial structures. Do you really think Mr. Ruffini would EVER vote agaionst anything that might provide a chance for either of his firms to do business in this stagnant economy? Get real!

“NM Desert Rat”

Since: Mar 08

Elephant Butte, N.M.

#20 Sep 15, 2010
durablebrad wrote:
<quoted text>
Does the fact that the actual members of the Truth or Consequences Planning and Zoning Commission recommended accepting the resignation of Mr. Ruffini mean ANYTHING to you? The Truth or Consequences City Commission voted to write a letter asking Mr. Ruffini to reconsider his resignation. Does that actually impress upon you the very POLITICAL (and illegal) nature of Raymond Ruffini's appointment?
Please... forget that my name is durablebrad.
This guy is from another town, owns a title business, and is a contractor who builds both housing and commercial structures. Do you really think Mr. Ruffini would EVER vote agaionst anything that might provide a chance for either of his firms to do business in this stagnant economy? Get real!
The only thing that shows from your posts is that you feel that you have an axe to grind with the establishment. Your posts show nothing more.

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