Estancia Trustees Order Legal Counsel to Draft Removal Affidavit Against Mayor Riley, Approve Water Crisis Action Plan

Estancia Trustees Order Legal Counsel to Draft Removal Affidavit Against Mayor Riley, Approve Water Crisis Action Plan
Estancia Town Hall - Todd Brogowski/Mountainair Dispatch

The board also restored a portion of CoreCivic's water allocation, approved a $29,483.93 pool cover, and rotated the Mayor Pro Tem post to Trustee Amy May. Town employees revealed the clerk's resignation.

ESTANCIA — The Estancia Board of Trustees voted unanimously Tuesday, July 7, 2026, to direct its attorney to draft a sworn affidavit laying the groundwork for formal removal proceedings against Mayor Runnel Riley, the most concrete step trustees have taken in a monthslong effort to force Riley from office.

Riley, who has been on a leave of absence since April and was the subject of a vote of no confidence by trustees on June 30, 2026, was not present. The board had directed its newly retained law firm at that June 30 meeting to research the town's legal options for removing him and report back Tuesday.

Attorney lays out three paths to remove an elected official

Municipal attorney Nann Winter, Esq., of the Albuquerque firm Stelzner, Winter, Warburton, Flores & Dawes, P.A., told trustees during the July 7, 2026, meeting that New Mexico law provides three separate statutory routes to remove a sitting mayor.

Winter described the following options, according to the meeting recording:

  • Removal for malfeasance under the Municipal Code, N.M. Stat. Ann. § 3-10-7 (2026). Under this statute, the governing body itself must vote to authorize a lawsuit against the mayor in district court, alleging malfeasance in office. The accused official is entitled to notice, service of process, and a hearing. Winter said the town would bear the legal costs of this option directly, since the town itself would be the plaintiff.
  • The Local Officers Removal Act, N.M. Stat. Ann. § 10-4-1 et seq. (2026). This statute covers a broader set of removal grounds and is not initiated by the governing body directly. Instead, someone drafts an affidavit detailing the alleged grounds for removal and submits it to the district attorney, who decides whether to convene a grand jury.
  • Quo warranto proceedings, N.M. Stat. Ann. § 44-3-1 et seq. (2026). This process addresses whether an office has become effectively vacant because the person holding it is disqualified through unlawful exercise of authority, loss of qualifications, or abuse of office. It is generally initiated by submitting an affidavit to the New Mexico Attorney General, who decides whether to pursue the case, sometimes in coordination with the local district attorney.

Winter recommended that trustees pursue the latter two options rather than filing suit directly, since both put the decision of whether to prosecute in the hands of the district attorney or the Attorney General, rather than requiring the town to fund litigation itself. "My recommendation is your call, but is to craft something that you can submit to the [district attorney] ... and or the attorney general, and let them decide whether they want to prosecute," Winter told trustees.

Trustee Albert Lovato then made a motion directing legal counsel to draft an affidavit to pursue removal. Sanchez seconded, and the motion passed unanimously. Winter said she would report back to the board at its next regular meeting.

Water crisis: CoreCivic allocation partially restored, weekly meetings continue

Trustees also unanimously approved a public information letter and action plan on the water crisis, drafted by Deputy Clerk Roy Hubbard, that Lovato said is intended to give residents, news outlets, and the town's water customers a single, consistent account of the town's plan. Lovato said the letter would go out with the next water bill and be posted to the town's website and social media accounts. As of July 21, 2026, this letter has not been posted on the town's website.

The vote comes as the town works to restore water service to the Torrance County Detention Facility, operated by CoreCivic, whose draw from the municipal system trustees suspended entirely as part of the June 25, 2026, emergency declaration. Lovato told trustees that the town authorized CoreCivic to draw 60 gallons per minute last week and that the town is meeting with CoreCivic and Torrance County officials every Thursday to evaluate whether to increase that further, potentially to 80 or 100 gallons per minute. Lovato said the detention facility needs 180 gallons per minute to operate at full capacity.

Lovato said the town's proposed new well — the $4,950,000 project through the New Mexico Water Trust Board previously reported by the Dispatch — is otherwise ready to proceed, pending an August 14, 2026, test hole. Deputy Clerk Hubbard claimed preliminary radar survey work at the site indicates an estimated 150 years of available water, though he did not elaborate on the survey's methodology.

Separately, trustees voted unanimously to table item five on the agenda, approval of SCADA (Supervisory Control and Data Acquisition) instrumentation for the water system, until the next regular meeting. Lovato said Public Works Supervisor Edwin Bencomo has not yet produced a cost quote for the equipment, which the town's 2021 preliminary engineering report recommended to give staff more accurate, real-time data on water levels and consumption.

Trustee Amy May said she had skimmed, but not fully read, a separate item on the agenda concerning "long-term plan language for public comments." No trustee raised concerns, and the board took no action on that item, which appeared to be placed on the agenda only in case trustees had edits to suggest.

Pool may reopen for August weekends after board approves $29,483.93 cover

Trustees voted unanimously to spend $29,483.93 on a cover for the town's outdoor pool, which Lovato said would let the town keep water in the pool between uses rather than draining and refilling it, reducing strain on the water system. The purchase draws on funds the town had already set aside in its Infrastructure Capital Improvement Plan for park and pool projects, plus savings from the pool's plaster resurfacing budget, according to Trustee May and Deputy Clerk Hubbard.

The vote comes roughly a month after trustees voted to keep the pool closed for the entire 2026 season, citing strain on the water system following a June 1 water main break. Pool Manager Julie Morales told trustees that the pool could reopen for a free swim event or weekend hours in August if water conditions hold, a shift from the board's earlier decision. Morales said a contractor treated the pool with chemicals and that she and a lifeguard spent two hours cleaning it out this week, with additional work planned to get the filter system running. She said her lifeguard staff, working three to four hours a day, is generally available through August but still needs uniforms.

Lovato said he would like to see a community "grand opening" event tied to the pool's reopening, and said some local businesses had expressed interest in sponsoring free or reduced-cost admission for children. Trustees and Morales also discussed longer-term plans to enclose the pool using a state recreational facilities grant — the same grant May said in June the town intends to reapply for this fall — though trustees did not cite a confirmed grant cap during Tuesday's discussion.

Other action items

Mayor Pro Tem rotation. Lovato told trustees he would step down as Mayor Pro Tem, citing his return to coaching student athletes and the demands of the role on top of that commitment. Trustee Sanchez proposed, and trustees approved unanimously, a rotation under which Trustee Amy May will serve as Mayor Pro Tem for four months, followed by Sanchez.

School district easement. Trustees approved unanimously a request from Estancia Municipal School District to place a temporary utility sewer line in the town's Eighth Street easement, on the west side of the street, to connect the district's new elementary school construction project to sewer and water utilities. Town Clerk Veronica Navarrette said the town attorney had confirmed by text message that the town had no objection.

Social Security exemption tabled. Trustees voted unanimously to table, until the board's August meeting, a proposed exemption from Social Security withholding for police and fire/EMS personnel under New Mexico's Section 218 agreement. Navarrette told trustees the exemption took effect in 2024 but was never formally submitted to the Social Security Administration. She said she is working with a contact at the Public Employees Retirement Association to obtain a template letter and had not yet received a returned call as of Tuesday's meeting.

Matters Discussed Outside the Meeting
Multiple employees confirmed outside the meeting that the town clerk, Veronica Navarrette, had resigned. No reason was given for the resignation. Navarrette was the town's third clerk this year.