The Doctor Is In: Could the City Have Settled Its Open Meetings Fight for Less?

ALAMOGORDO — Former City Manager Dr. Stephanie Hernandez says the Alamogordo City Commission could have resolved its Open Meetings Act dispute months ago, without running up outside legal bills. She made the case on this week's "The Doctor Is In" segment with host Anthony Lucero on KALH Radio.

The segment centers on the citizen lawsuit over the hiring of City Manager Robert Stockwell. Chris Edwards and Concerned Citizens of Alamogordo filed the petition in the Twelfth Judicial District Court on June 2, 2026, after giving the City written notice of the alleged violations on May 5 (background). A judge has since refused to dismiss the case, and it is headed for a hearing on the merits (court ruling).

"Could this have been resolved months ago without spending taxpayer dollars on outside legal representation?" Hernandez asked.

A cheaper path

Hernandez said that while she was still city manager, she recommended the Commission acknowledge a potential violation, disclose it voluntarily and take corrective action.

State law gives public bodies room to do that. Before a citizen can sue, the public body gets written notice and 15 days to act on the claim, and it can reconsider a challenged action at a properly noticed public meeting. Violations are also a misdemeanor, punishable by a fine of up to $500 per offense against an individual who is convicted.

"To me, voluntarily identifying and correcting a potential violation seemed far less costly than prolonged litigation," she said. She added that a voluntary fix could still be an option today, though it would not guarantee the lawsuit is dismissed.

Hernandez also addressed concerns raised at the time that she had a conflict of interest, since the dispute involved hiring her successor. Her recommendation, she said, was about protecting the City and taxpayers, not about who should hold the job.

The rolling quorum question

Hernandez pointed to Commissioner Baxter Pattillo's description of doing the legwork on Stockwell's proposed contract and circulating documents to the Commission.

That, she said, raises the possibility of a rolling quorum: commissioners discussing public business through a series of private communications that together involve a quorum. She was careful to note that circulating documents is not necessarily a violation on its own, but said it raises questions worth examining.

Hernandez acknowledged the law is complicated. She said she has worked with it for seven years and still doesn't consider herself an expert. Still, she noted, the Commission received Open Meetings Act training in March and has had earlier training opportunities.

Who pays if the City wins?

Hernandez pushed back on the idea that the City can simply recover its legal bills from the citizen if it prevails.

Under the Open Meetings Act, a winning public body is awarded court costs. It recovers attorney fees only if the court also finds the plaintiff sued without sufficient information and belief that good grounds supported the case (NMSA 10-15-3).

"A citizen seeking government transparency doesn't automatically become responsible for the City's attorney fees simply because they lose a lawsuit," she said. The longer the case runs, she added, the higher the bills climb.

"Government officials make mistakes. What matters is how they respond," Hernandez said. "Shouldn't protecting taxpayer dollars be just as important as winning a lawsuit?"

Listen

Hear the full conversation with Dr. Stephanie Hernandez and Anthony Lucero on "The Doctor Is In": Open Meetings Act — The Doctor Is In (YouTube). More programming at KALHRadio.org.

Disclosure: Chris Edwards, general manager of KALH Radio and Alamogordo Town News, is the petitioner in the lawsuit discussed here. The case continues with an expected motion ruling within a week and a court conference to discuss next steps. 

More News from Alamogordo

• Diaz Runs to Fourth as Mescalero Apache, Cloudcroft Close Season at State XC state results for Mescalero Apache and Cloudcroft Schools
• Otero County asks feds to pause Sunspot demolition, certifies 2026 election Significant discussion on saving Sunspot and more