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Lincoln County commissioners hold closed session on threatened litigation
Summary
At a Feb. 3 special meeting in Capitan, Lincoln County commissioners closed part of the meeting under the New Mexico Open Meetings Act to discuss threatened or pending litigation; the board recessed into executive session and later reconvened without taking action.
Chair Mark G. Fischer called the Lincoln County Board of County Commissioners’ special meeting to order at 9:00 AM on Feb. 3, 2026, in the Office of Emergency Services in Capitan and moved to close part of the meeting for litigation discussion. "To close the meeting for the purposes of an Executive Session; Pursuant to The Open Meetings Act: Discussion Of Threatened And/or Pending Litigation, Section 10-15-1, Subparagraph (H)(7)," the motion read; it was moved by Commissioner MP Chavez and seconded by Commissioner Kendal Wilson and carried by a roll-call vote of three in favor while two commissioners were initially absent.
Chair Fischer recessed the public meeting at 9:03 AM and convened the closed session. Commissioner Samantha J. Serna joined during the executive session and was marked present. The Board reconvened in public at 9:32 AM; Chair Fischer attested that the closed-session discussion was limited to the subject stated in the motion and that no formal action resulted from the executive session. There were no votes or directives arising from the litigation discussion recorded in the meeting minutes.
The meeting record shows the item was listed under the agenda as "Discussion Of Threatened And/or Pending Litigation" under the Open Meetings Act citation cited in the motion. No further action was announced at the Feb. 3 meeting.
