Los Alamos probate judge asks council to approve health coverage and raise, alleges due-process failures

Judge Perry Claire told the Los Alamos County Council on July 20 that his $4,636 annual pay effectively leaves him without health benefits and asked the council to enroll him in health coverage and raise his salary during his current term.

Claire, who said he is an appointed probate judge, told the council he had sought an opportunity to pay 100% of any premium himself but was told by county staff he could not enroll. “I make about $4,600 a year. No benefits,” Claire said during public comment, adding that the job requires 24/7 availability and handling sensitive matters.

The request prompted extended legal and procedural discussion. Council members and county staff reviewed limits on changing elected-official compensation and benefit eligibility. County legal staff told Claire the council could ask for an ordinance to make county benefits available to officials not currently eligible but that pay increases for elected positions generally would not take effect until the next election cycle. Claire disputed that legal interpretation and said appointed officials can receive immediate pay raises under case law; he provided a written memorandum to the council.

Council discussion and vote

Council voted 7–0 to direct the county manager to prepare an ordinance to add county health insurance eligibility for elected officials not currently eligible, with the condition that the elected official would be responsible for 100% of the premium cost. The motion—moved and seconded from the dais—also directed staff to return for a council discussion of all elected-official compensation at the September 9, 2025 meeting. The roll call vote was recorded as unanimous.

Council also acknowledged Judge Claire’s allegations about procedural problems in his interactions with human resources and the county attorney. Councilor Reedy committed to lead an investigation with an outside independent auditor into Claire’s concerns and the meeting in which Claire said he raised procedural issues.

Why it matters

Claire’s petition highlighted two issues for council consideration: whether appointed or elected local officials can enroll immediately in county employee benefits and, separately, whether the county followed due‑process obligations in handling Claire’s request. The council’s ordinance direction creates a near-term administrative pathway to let officials enroll in county benefits immediately if they pay the full premium, while the broader compensation question will be reviewed in September. The outside-auditor commitment may lead to further findings or recommendations about HR and counsel practices.

What’s next

Staff will draft the benefits ordinance and return it for a public introduction and formal consideration. The council set a compensation review for Sept. 9, 2025; the investigation led by Councilor Reedy will proceed as an independent inquiry into Claire’s procedural allegations.