New Mexico Attorney General Hector Balderas’ office recently determined the state Gaming Control Board did not discuss Pojoaque Pueblo’s gambling activities at an executive session in July, and therefore did not violate the state’s Open Meetings Act, as the pueblo had alleged. In a letter to the pueblo’s legal counsel, state Assistant Attorney General Richard “Rick” Word wrote the conversation in question never took place, and the evidence presented in the pueblo’s complaint wasn’t enough to prove the board had violated the act.
Last fall the pueblo filed a complaint with Balderas’ office claiming the Gaming Control Board had violated the Open Meetings Act by discussing the pueblo’s gaming activities in a closed session. The pueblo further claimed following that meeting, the board stated it was going to issue citations to vendors that worked with the pueblo and would not process applications for vendors that wanted to do business with it.
The pueblo has accused Governor Susana Martinez of trying to interfere with its casino operations. After its state gambling compact expired in June and the two sides could not agree on a new compact, the pueblo took its case to the U.S. Attorney’s Office, which has agreed to allow the pueblo to continue operating casinos while a federal lawsuit is ongoing. The pueblo maintains the federal government, not the state, has jurisdiction over its casino operations.
Word said in his letter that the Gaming Control Board confirmed an agenda item for the closed-door meeting indicated a discussion about tribal gaming matters would take place but “the Board had in fact not discussed tribal gaming matters in executive session on July 15, 2015.”Word continued, “However, in order to avoid confusion in future meetings where the board intends not to discuss a matter listed on the agenda—particularly when listed under the executive session—we recommend the Board consider amending its agenda to delete items that it does not intend to discuss.”
The attorney general’s ruling won’t make much difference since the pueblo secured a preliminary injunction preventing the board from taking action against vendors that do business at the Buffalo Thunder Resort and the Cities of Gold.
