The Airing of Grievances Does Little To Help Shumate’s Case
From the start, the special meeting of the Mountainair Town Council meeting broke free from the usual process of town council meetings. During the March 7, 2023 grievance hearing in the Michael Shumate matter, Shumate’s attorney, Eric Dixon, had requested that Mayor Peter Nieto recuse himself from taking part in the deliberations because of Nieto’s role as a witness in the matter. Councilor Ernie Lopez also recused himself from the dispute, as he had retained Dixon as his attorney in litigation against Mountainair. Dixon then requested Councilors Dustin Kayser and Gayle Jones (mayor pro tem) recuse themselves because of their participation in past hearings regarding Shumate.
Dixon quickly realized that his request to recuse Kayser and Jones was a tactical error, as recusing them from the grievance hearing would mean that there was an insufficient number of voting councilors to make up a quorum. While Dixon has not responded to requests for comment, it is believed that having a resolved, final outcome of the grievance process is essential to Dixon’s litigation strategy on behalf of Shumate. Absent such a final decision in the grievance process, Dixon could not pursue a wrongful termination claim against Mountainair. After prodding from William Zarr, the attorney for the town of Mountainair, Dixon agreed to proceed with the grievance before Mayor pro tem Jones, Councilor Kayser, and Councilor Richard Torres.
After an opening statement from Dixon, the grievance hearing proceeded more like a trial than an administrative decision before a committee. Dixon called Mayor Nieto as a witness. As Dixon questioned Nieto, first regarding Shumate’s performance reviews and probationary status, then regarding the town’s offers that Shumate could return to work after his suspension, it became apparent that the legal dispute had become a personal matter between Dixon and Nieto. As the two verbally sparred over Dixon’s choice of words in describing former Mountainair Police Chief Juan Reyes as having a “regime” that “reigned” over the Mountainair Police Department, two key facts in the Shumate dispute became clear:
1. The Law Enforcement Academy (LEA) investigations into Shumate that Reyes initiated, which led to the dispute between Shumate and the town, were unsubstantiated; and,
2. After the resolution of the LEA investigations, Shumate never physically returned to work, although multiple dates had been scheduled for him to do so.
Shumate has been subject to other investigations besides the two LEA investigations started by former Police Chief Reyes. In 2021, the Harding County Sheriff’s Office initiated an LEA investigation into Shumate just before he was hired as a police officer with Mountainair Police Department. The outcome of this investigation is unknown. Since Shumate’s termination, he unsuccessfully ran for sheriff of Harding County in 2022, losing to Pedro Bolin. Shumate currently lists himself on LinkedIn as an “agent” for the Union County Sheriff’s Office and owner of a company called “Bail Enforcement Group.”
Similarly, the Town of Mountainair retained a private investigator, Carlos McMahon, who uncovered a criminal investigation into former Police Chief Reyes for aggravated assault against a household member and false imprisonment. Reyes had pled no contest to these allegations, and was granted a conditional discharge of these charges after serving a probation term. However, Reyes claimed he had not been convicted of a felony or misdemeanor when he applied to be Mountainair’s police chief. Reyes’ case, along with allegations of his misconduct while employed as Mountainair’s police chief, led to him resigning in 2022.
After Nieto’s testimony, Dixon called no other witnesses. Notably, Dixon did not seek to bring in any testimony from Shumate himself. Instead, Dixon presented a closing argument in which he alleged that Mountainair wrongfully suspended Shumate pending his LEA investigations, then wrongfully terminated Shumate. Dixon argued - but did not provide evidence to support this argument - that Shumate was terminated for investigating alleged illegal activity by former Mountainair Police Chief Reyes, and police officers Brent Woodard and Nevil Benard. After those investigations, Dixon argued, the town’s offers to have Shumate return to work were disingenuous. Dixon closed with the following statement:
“So Mr. Shumate is being retaliated against for being a whistleblower. And trying to bring to light improper policing by both the former chief of police and also by a sergeant [two officers, according to the initial complaint Shumate submitted to former Attorney General Hector Baldera]. He’s been retaliated against and claiming that he isn’t available for work was [sic] a ruse to in order to terminate Mr. Shumate improperly in violation of the merit principles that govern the operation of the town of Springer - Mountainair - excuse me. So we would ask that the town council deny the termination and put Mr. Shumate back to work.”
Following Dixon’s closing statement, Councilor Torres made a motion to reinstate Shumate as a Mountainair police officer. This motion died, however, as no other member of the town council would second it. Subsequently, Councilor Kayser introduced a motion to not reinstate Shumate as a Mountainair police officer. Kayser’s motion was seconded by Mayor pro tem Jones, and passed despite an opposing vote by Torres.
During the next meeting of the Mountainair Town Council, on March 21, 2023, the council held a brief special meeting in which they approved the written minutes of the Shumate grievance proceedings. Rather anticlimactically, the administrative portion of the dispute between Shumate and the Town of Mountainair came to an end. This is not expected to be the final step in the Shumate dispute, however. It is expected that Dixon will likely initiate a lawsuit on Shumate’s behalf in which, given his posture during the administrative proceedings, it is expected that Dixon will allege violation of New Mexico’s whistleblower protection law and wrongful termination.