Bernalillo County commissioners hold closed session on post-employment restrictions, authorize county attorney to proceed

The Bernalillo County Board of County Commissioners convened a special administrative meeting Jan. 9, 2025, and voted to enter a closed session to discuss Bernalillo County Code Article 3, Division 4, Section 2137, which addresses restrictions on employment and appointment after leaving office, citing an Open Meetings Act exception for attorney‑client privileged communications concerning threatened or pending litigation.

Madam Chair Barbara Baca moved that the board enter the closed session “for the discussion of Article 3, Division 4, Section 2137, restrictions on employment and appointment after leaving office of the county code as permitted by the following closed meeting exception. This meeting will be closed pursuant to NMSA 1978 Section 10‑15‑1(H)(7), which provides an exception to the requirements of the Open Meetings Act for attorney‑client privileged communications pertaining to threatened or pending litigation,” and the motion was seconded and approved by roll call.

The meeting record shows that Vice Chair Olivas and Commissioner Barboa participated via Zoom, a quorum was present, and no members of the public registered for comment before the board moved into closed session. The board recessed to the conference room adjacent to the chambers for the closed meeting; the substance of that discussion was not disclosed at reconvening because it was protected by attorney‑client privilege.

After the closed meeting, commissioners reconvened the special administrative meeting and read into the public record two statements required by law. The board voted to approve a statement that only items described on the published closed‑meeting notice and agenda were discussed during the closed meeting. Commissioners also voted to authorize the Bernalillo County Attorney to proceed with matters discussed in the closed meeting, within parameters set by the commission and as published in the closed meeting agenda.

All recorded roll calls on the motions to enter the closed session, to approve the closed‑meeting statement, and to authorize the county attorney were affirmative by the commissioners present. No further details of the closed discussion or any legal strategy were released at the meeting because they are subject to attorney‑client privilege.

With those votes concluded, Chair Baca adjourned the special administrative meeting.