Alamogordo Resident Kim White Owl Murillo Files Petition Seeking Recall of Commissioner Burnett

ALAMOGORDO, N.M. — A city resident has filed a verified petition in state district court seeking a finding of probable cause to recall City Commissioner Stephen W. Burnett, citing his role in the ouster of the city’s former acting manager and the hiring of her successor.

Kim Murillo, a qualified elector of the City of Alamogordo and of District 2, filed the petition July 17 with the Twelfth Judicial District Court in Otero County. The case, No. D-1215-CV-2026-00626, has been assigned to Judge John P. Sugg. Murillo, who is representing herself, said the court waived the filing fee based on financial eligibility and will mail notice of a sufficiency hearing once it is scheduled.

Burnett was served through the City Clerk’s office at 4:09 p.m. the same day, according to Murillo, who said she retained On Point Courier & Legal Services to handle service.

What the petition alleges

The petition, brought under state law governing recalls in commission-manager cities, asks the court to determine there is probable cause to send recall grounds to voters based on conduct during Burnett’s current term, which began in January 2026 after his reelection to the District 2 seat.

Central to the filing is the Commission’s handling of the city manager’s post. According to the petition, the Commission voted 7–0 on March 10 to direct staff to negotiate a permanent contract with then-Acting City Manager Stephanie J. Hernandez, who had led the city for roughly 28 months and was, per the petition, the only candidate to pass the city’s scored interview process. A full contract was drafted but, the petition states, never finalized or offered to her.

Instead, the petition alleges that after a series of closed executive sessions, Burnett joined a 4–3 vote on April 28 to pay Hernandez and end her tenure rather than complete the March 10 agreement. The petition cites a city pay record showing a severance payment of $485,340.45 (net of $335,250) issued June 3, which Murillo says the Commission has not disclosed publicly.

The petition states this sum was proposed by Hernandez as compensation for simultaneously holding two roles for more than 20 months during the city’s manager search, not — as the petition specifically notes — a settlement tied to a separate EEOC charge she had filed as the investigation was never completed for an EEOC finding.

The petition further alleges that records obtained under the state’s public records law show the unfinished Hernandez contract was later revised into an agreement for Robert Stockwell, with his name inserted in place of hers and terms adjusted in his favor. Burnett voted June 23 to approve Stockwell’s hiring, according to the petition, even though Stockwell did not go through the same scored interview process applied to other candidates. That vote is cited in the petition as related to a pending Open Meetings Act lawsuit, Edwards v. Alamogordo City Commission, in which the district court recently allowed claims about the hiring to proceed to a hearing on the merits while denying a temporary restraining order.

The petition also raises a potential conflict of interest involving a pending $1 million economic development funding application from a business owned by Burnett’s sister-in-law. While Burnett recused himself from voting on the application, the petition alleges he continued to raise questions with the acting city manager about the funding process while it remained pending, and argues that conduct may run afoul of state ethics law regardless of the recusal.

Additionally, the petition states Burnett invited a constituent in February to submit questions about the city manager process but never substantively responded to them.

Based on these allegations, the petition asks the court to find probable cause for recall on grounds of misfeasance, malfeasance, and violation of Burnett’s oath of office. A city ordinance and the city’s code of conduct assign day-to-day administrative authority to the city manager rather than individual commissioners, the petition notes, and cites the departing acting manager’s June 9 public remarks describing a pattern of commissioners bypassing that office.

These are allegations contained in a court filing; they have not been ruled on by a judge, and Burnett has not yet had the opportunity to respond in court.

Murillo was interviewed following the filing by WalkerTown News on Facebook and by Anthony Lucero of KALH Radio.

WalkerTown News interview with Kim Murillo: https://www.facebook.com/share/v/1EqdfuU4Pk/?mibextid=wwXIfr

Alamogordo Town News streaming on KALH Radio interview with Anthony Lucero: https://youtu.be/3GcAnLBQ7ek?is=ZSFje56mpuR_4ZHf

Next steps

Under the process described in the petition, a district court hearing will determine whether probable cause exists before any recall petition can be circulated for signatures. Murillo said she is coordinating with other volunteers, including a separate recall effort targeting Commissioner Baxter Pattillo, and is seeking additional petition circulators in Districts 4 and 5. She said she plans to share hearing details, including whether remote access will be available, once the court issues notice.

This article is based on a verified petition filed in the Twelfth Judicial District Court and statements provided by the petitioner

The allegations contained in the petition are up to the court to decide if it merits a recall effort petition effort of the voters. Commissioner Burnett has not yet responded in the litigation effort nor filed a public comment upon being served. 

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