The citizen who was removed from a Valencia County Commission meeting one week ago was again removed from last night’s meeting, an effort by the commission’s chairman to enforce a ban against that citizen.

Mike Wood, who has been an outspoken hospital proponent, attended last night’s commission meeting despite Commission Chairman Pedro Rael requesting Wood not attend any more meetings of the commission.

Prior to calling the meeting to order and before deputies arrived in the commission chambers, Rael walked up to Wood to ask him to leave. Wood refused to do so.

When two deputies walked into the room, with another standing in the doorway, Sheriff Rene Rivera standing outside of the room and KRQE recording everything, Wood spoke up while the commission was listening to concerns from citizens about a proposed anti-rave ordinance.

Sue Moran asked about the rave ordinance, “If I called in and reported one, they would come in and disband it, is that true?”

“I read it. My reading of the ordinance is that if there’s any violation of the specific items of the ordinance, then the,” Rael said, pausing as deputies walked in, “the law enforcement, the sheriff’s office, would respond at the appropriate time. I do not see anything in the ordinance that said the party is going to be disbanded. I don’t see that if it’s in there…”

“Mr. Chairman, a point of order,” Mike Wood said from the public gallery. “The sheriff has asked me to leave and you’ve got two other sheriffs outside. Can you tell me why? Do you have a written order as to why I have to leave here?”

Rael tried to avoid discussing the matter again, but Wood wanted a response.

“I’ve requested of you more than a dozen times at least that you not disrupt the meetings, as you just did,” Rael said.

“Let’s go, sir,” a deputy said.

Wood argued that he hadn’t done anything at the meeting that was disruptive.

“How am I disrupting the meeting, sir?” Wood asked. “I’m asking for my rights as a citizen to be allowed here. This is a very important issue, these raves.”

Wood said it’s very important for him to attend commission meetings as a citizen to observe what the commission is discussing.

“I’m asking that you reconsider what you’re doing, because I’ve done nothing,” he said.

Rael provided a legal argument during the meeting for why he has the authority to have Wood permanently removed from meetings. He said he’s the custodian of the county administration building and, under state law, has the authority to ask anyone to leave who is “committing or threatening to commit any act that would disrupt, impair or interfere with” a meeting.

Commissioner Ron Gentry asked the commission to ensure it’s following the proper procedure to remove someone from a meeting.

“Our own policy says the commission chairman has no other rights than any other member of this commission,” Gentry said.

He pointed out that Wood had done nothing at the meeting to disrupt it but that the commission disrupted it themselves by bringing in the deputies. He asked that the decision to remove or ban Wood be made by the full commission.

Rael then asked each commissioner to comment on what they thought.

Otero-Kirkham said the county received a letter from the New Mexico Foundation for Open Government (NMFOG) which provided several avenues for the commission to legally remove a citizen from a meeting. She believed the commission had followed the guidelines provided by NMFOG at the present and previous meetings.

“In the letter, it does say that the public body, which is the commission, does have a right to maintain public order and to carry out their business without interference or disruption,” she said. “And Mr. Wood is constantly disrupting the meeting. He’s constantly speaking out of turn.”

She welcomed a higher authority to offer a different opinion or a court order allowing him to attend.

Commissioner Don Holliday agreed that Wood needed to be removed because he “has been out of order several times.” He said Wood hasn’t demonstrated self-control or shown any respect for the commission and its proceedings.

Commissioner David Medina asked the county’s attorney, David Pato, if the proper procedure was being followed.

Pato said the commission would need to determine if Wood’s behavior disrupts the meetings, which he thought the commission had demonstrated through its discussion of the matter.

“I think it’s pretty clear by the consensus of the commission that the order stands, Mr. Wood,” Rael said.

Rael offered to sit down with Wood at any point to work out a solution to the problem. He then asked deputies to remove Wood.

Wood spoke up to explain why he’s called Otero-Kirkham a thief and liar, noting this morning during a phone call with Valencia! that Otero-Kirkham brought up the issue when justifying his removal.

Last night Wood alleged, as he has before, that Otero-Kirkham “stole” money from the county. Based on the original ban cited last week and Wood’s continued allegations, Rael again asked Wood to be removed.

As the deputies began to put their hands on Wood, he sat down saying, “I’m not leaving.”

“Come on,” a deputy said.

“Let go,” Wood said. “Let go. I’ll go.”

Rivera said after the meeting that he called the New Mexico State Police to take over the investigation of the matter to avoid any perception of a conflict of interest.

“I’m going to turn it over to the state police and allow the state police to handle the case, being that I’m a county elected official and so are the commissioners,” he said. “I don’t want anyone to think I’m having any sort of favoritism played here.”

Otero-Kirkham said she provided a preliminary statement to the state police, which is why she left the meeting for a short time. After commissioners adjourned the meeting, a state police car drove up and Rivera, Rael and Otero-Kirkham walked into the sheriff’s department to discuss the matter further with the state police.

Rivera said it’s possible Wood could be charged with trespassing or disobeying a police order.

“There’s a possibility, but again that will be up to the state police,” he said.

This page was published on October 15, 2009 at 12:16pm and is filed under Hospital.