Grassroots Ordinance Petition Circulating ‘To Get the City Out of the Trash Business’

By Kathleen Sloan

HERALD Reporter

Truth or Consequences resident Deborah Toomey read an ordinance into the record during public comment at the city commission meeting, Tuesday, Aug. 14.

Toomey stated, “It is time to get the city out of the trash business,” which this ordinance is designed to accomplish.

That ordinance is now circulating throughout the city. According to Toomey and resident Ron Fenn, it took two days for City Clerk Mary Penner to certify that the petition’s form meets state statute requirements.

After Penner refused to certify as to form the first day, Wednesday, Aug. 15, Toomey called the Attorney General’s Office and the New Mexico State Police, pointing out it was a fourth-degree felony for Penner to interfere with the process and to not perform her duties. After some back and forth, the AG’s Office agreed to enforce the law.

Neither Toomey nor Fenn are sure if either the AG or State Police called Penner or the city. Penner won’t confirm or deny. Mayor John Mulcahy did not respond to The Herald’s request for comment.

Penner did certify both pages of the ordinance petition at 4 p.m., Thursday, Aug. 16, which she did confirm.

Toomey and Fenn decided they would not press charges if Penner certified the petition by end-of-business Thursday.

To read the rest of this article, call (575) 894-2143 for an e-subscription.


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