Serenraconn, Hub JUDICIAL DISTRICT COUR iiasa3 10534 COUNTY OF DORA ANA esac court STATE OF NEW MEXICO ee (Case Nox: 0:907-cv.2028-00087 et CECILIA ACOSTA, BETTY GONZALIZ MARIA BELEN FLORES, FERNANDO GOMFZ HERRERA, ALEXANDRO ESPARZA, GABRIELA PRIETO MORALES, MARIA E. VASQUEZ, CLAUDIA SORIANO, AND ERNESTO A SALAZAR, PLAINTIFFS, vs. CITY OF ANTHONY, 2 mu DIANA MURILLO, Mayor, ELVA J. FLORES, Mayor pro tem, DANIEL BARRERAS, Trustee JAVIER SILVA, Trustee, ‘And GABRIEL I, HOLGUIN, Trustee. DEFENDANTS. ‘PERMANENT INJUNCTION COMES NOW, Plaintiffs, by and through their attomey, Yvonne K. Quintana, and hereby state the following for their complaint for Declaratory Judgment, Temporary Restraining, (Order and Preliminary and Permanent Injunction PARTIES, JURISDICTION AND VENUEPlaintiffs, (Hereinafter "Plain fs") are residents of City of Anthony, Dona Ana County, New Mexico, 2. Defendants Diana Murillo, Mayor, Elva J. Flores, Mayor pro tem, Daniel Barres, tnste, Javier Siva uses and Gabriel Holguin, rustee (hereinafter “Defendans”) are all esidens of City of Anthony, Dona Ana County, New Mexico and they ae the clecied officals of the Defendant City of Anthony, New Mexico and resident of the City of Ambony, State of New Mexico The Contract and government actions tha give rise to this action are all issues arising in Dona Ana County, New Mexico, “This Court has jurisdiction toisue an injunction where immediate andimeparable harm as occurred or iikely to eecur andthe moving party has no adequate remedy law See, 8, Wilhams v. luo Rancho Pubic Schools 148 N M. 214,217 (Ct App. 2008) This Cour has jurisdiction over the parties and subjet mater ofthis gation asa ‘Cour of erisinal urisiction pursuant tothe Constitution ofthe State of New Mexico This Cour has jurisdiction over the parties and the subject mater of his case pursuant to he Decarntory Judgment Ac, NMSA 1978, Section 446-1 10-15, 1 Venues proper inthis Cour GENERAL ALLEGATIONS Pains incorporate al the allegations of paragraphs | tough $ above asset for aly herein ‘The defcndats, asthe duly cect officials of the Cty of Anthony, New Mexico hhave a duty to follow the laws ofthe City of Anthony and the Sute of New Mexico,10. The City of Anthony, through its elected officials is authorized by NMSA 1978 section 3-13-3 10 creates an ordinance which provides fora city manager ‘The action of hiring a city manager is governed by ordinance number 2019-002 (Amended) see ordinance number 2019-002 (Amended) (see ordinance attached as Exhibit). 12. Upon information and belief, the City of Amthony intends or will hire a city manager atts meeting scheduled on April 17, 2023 at $00 PM (see Agenda attached as. Exhibit 2) 13 The City of Anthony, through is duly elected officials will violate Ordinance number 2019-002, in hiring a city manager a follows A. By ts failure to comply with term of contract which is limited 10a one-year period. (See proposed City Manager Contract attached as Exhibit 3) BB. By its violation ofthe anti-donation provisions of state aw providing a severance package that provides compensation exceeding contract amount and contract petiod C_ By its violation of the requirement to create committee to review applications and interview applicans D_ By accepting an applicant, Mano Juarez-Infante, who does aot meet the advertised eriterial forthe position of City Manager, including but not limited to years of experience. (See Publication atached as Exhibit 4) pplicant, Mario Juarez-Infans, who docs not have E_ By accepting a Degree specifically in the field of Business Administration or Public AdministrationF. By permitng expenditure of fund for a alfime position fr Mario duarea~ Infante, while employed Fllime, with ations hours sand duis needed fulfil the ties of his fale poston at the City of Solan Park, in ‘olution ofthe ani-donation provisions of sae law (See Contract with Sunland Park, Atached as Exhibit 8) count INJUNCTIVE RELIEF 14. Panes ncorporate the aleaton of paragraphs | trough 13 above aif st fer in fll erin 15. The ual condet ofthe Defendant has, will. hreaen o impr, damage andor interfere wth Pi public ight to have its elected ficial follow ety ordinances and state aw 16, The Pani rights would be adversely feted if Defendant ity andthe Defendat lected official are eritedoercumbe and spend pli funds in violnr 17 Plains will suffer irreparable harm ithe Defendant fails andor refuses to follow. 18 In order to prevent the Defendants’ unlawful and inequitable conduct, end o enforce the Ordinance 2019-002 a permanent injunction issued by this Court is required 19. No-ether remedy available a Law orin equity wil be suficient reparation forthe thre that Pains and public will continue to suffer if the Defendants ae allowed to funds inappropsitey,20-Plaintits are kel o prevail on the meri oftheir Complaint asthe City of Anthony ordinances and documentation that strony support their postions 21 An injunction wl ot elt ina substantial psu to the Defendants becae the lies ofthe etd officials ofthe City of Ambon, include lowing te laws of the City of Amhony (its ordinances) and he law of he sate of New Mexico 22 A permanent injunction will serve the pubic interest by upholding and eoforcing clearly established sate law and City oananses governing the hiring ofthe City Manage and the expenditure of public funds count DECLARATORY JUDGMENT 23, Plums incorporate the allegations in Paragraphs 1-22 shove asf set forth in all bein Pt sighs status, ad ke lega interests in relation the irng or ppoiniment of municipal sland te expenditure of municipal funds are aTected by the conduct ofthe Defendants, expecially where the conde isin tet vislation and contravention ofthe Citys own Ordinances. 25 Therein an actual controversy between Pliny and the Defendant regarding hte the Deftrans shoud be allowed to violate City Ordinances and sate 216 Tis court is empowered to resolve the controversy between Pins and the Defendans pursuant wo andin accordance with he New Mexico Delatory Judgment Ac, NMSA 1978, Sections 4-6-1 rough 446-18, 27 Pursuant to NMSA Sections 44-6 through 44-6-15, Plainifsar ented toa judgment declaring their express right to have their elected officials follow the aand exdinances yoverning the cy, or alternatively are ened to judgment declaring that the City f Anthony though its duly eect governing officials is required to fallow the City Ordinances iting its City Manager 28 Plain Furher and respectfully requests hat this Cour declare thatthe Defendans are without authority to obstruct and violate the ordinances ofthe city and sate lw 29. Tha Panis be awarded their reasonable costs and altney fes pursuant to the Declaratory Judgements Act WHEREFORE PLAINTIFFS PRAY that they be uranted declaratory judgement declaring thi rghs in andinterest as members ofthe public to ensure thatthe Ordinances ofthe City f Anthony are complied with and that he expenditure of public ‘municipal funds are expended and encumbered lly and for an award of Plinifs costs and atiomey Fes. WHEREFORE Plainitt’s request pray that this Court enter an order aguinst the Defendants that grants the fellowing relief | Giant Plaintiffs a permanent injunction establishing and confirming thei ight and the public right to have the City follow and comply with City Ordinances and state law concerning the hiring of a city manager and the spending or encumbering of CCity/public funds and preventing Defendants from violating sid laws and ori 2. Emter a Declaratory Judgment stating that Plaincfs have an express interest in ‘ensuring compliance with the City Ordinances and state law governing the hiring of & city manager and expending public funds fr sai hiringEnter Declaratory Judgment stating that the Defendant is without authority 1o act. outside ofits ocdinances and sate Law Grant Plants’ costs pursuant to NMSA 1978, Section 44-611 Awarding Plaintiffs their reasonable atiorney fees Respectilly submited ‘Yoonne K: Quintana Anommey at Law, PC ' By Yvonne K. Quintana Attorney a Law, PC P.O Box 2395 Espanola, New Mexico 87532 And 446 N Alameda Blvd Las Cruces, New Mexico 88008 (08) 753-1911STATEOF NEW MEXICO.) counry or povsaana 1 Adan ete eng fia dy som upn ah, pote and yh a oe ofthe Pits tinh ve read he ig veil compat fr etary juynent, penny and permanent incon an now an under hones thes tl econ hot are trve and correct othe best of my knowledge, information and belie ADRIAN PEREZSUBSCRIBED AND SWORN TO before me this __ day of _ Advan Perer NOTARY PUBLIC 2023, bySTATEOF NEW MEXICO ) COUNTY oF DONA ANA} | Asan Pere git dy nom apononh, depose andy! amon eis orth have ead the rig vie samp fr delay jue penny nd pean injuncion ad knw nd nde cn tose atthe conct het ‘aretme and correc tothe best of my knowledge information and belie IAN PEREZ SUBSCRIBED AND SWORN TO tte mes dy oe fit |_—_ 200, by Adan Perce NOTARY PUBLIC MY COMMISSION EXPIRES (H-17- das”