Judge finds no probable cause to let Bruch recall petition to continue

Judge Christopher Perez found no probable cause to let John Veltri’s petition to recall Katherine Bruch from her Sandoval County Commission seat continue because “the definitions weren’t met.”

“You did a good job, Mr. Veltri, but the facts you worked with today do not create grounds for probable cause,” Perez said.

Veltri brought his exhibits and witnesses to the Sandoval County Judicial Complex Dec. 11 with the hopes that a judge would allow him to move forward with the petition. Before the hearing, Veltri requested Perez recuse himself from the case.

“The only case where I would recuse myself is if my mother were involved or I was seriously injured,” Perez said as he denied Veltri’s request.

The courtroom was filled with about 50 people, most of which appeared to be friends of Veltri. While the courtroom is supposed to be silent as proceedings take place, several people were shaking their heads in disapproval when the defense attorney, Sara Sanchez, said that Bruch would not be at the hearing.

A few people called Bruch a coward for not being present for the hearing.

In the proceedings that followed, Veltri and Sanchez each made their opening statements, took a shot at Veltri’s witnesses and had closing remarks. “This is not intended to be a personal attack on Bruch,” Veltri said in his opening.

He added that this hearing was the first of its kind in Sandoval County. “There have been 14 times in the past in New Mexico where a recall was requested. This is the first time in Sandoval County,” he said.

In Sanchez’s opening remarks, she simply asked Perez to keep the definitions of malfeasance and misfeasance, which are grounds for the recall/removal of a commissioner or board member.

In New Mexico law, malfeasance is defined as intentional wrongdoing or illegal acts committed by said commissioner or board member. Misfeasance is when that person intentionally doesn’t fulfill the duties of their elected office position. Veltri claimed that Bruch violated her oath of office and in turn should be recalled. Sanchez disagreed, saying Bruch hasn’t and doesn’t commit malfeasance nor misfeasance.

The first witness called to the stand was County Commissioner Jay Block, who sits beside Bruch during commission meetings. Veltri, who was representing himself, asked him questions about his time as an officer and as county commissioner.

“After I served over 20 years in the military, I wanted to continue serving to some degree on a local level. Sandoval County could use new, moral leadership,” Block said when Veltri asked him why he ran for commission.

Veltri also asked if Block thought he did his job well as a county commissioner.

“I haven’t had anyone try to recall me,” he replied.

Block attempted to bring up some indiscretions he thought Bruch was guilty of, talking about racist comments against Asian-Americans and her hiring of a man that was arrested for masturbation in a public setting. However, Sanchez objected, saying the opinions shared by Block were not a part of the submitted petition and should not be heard at the hearing. Perez agreed with her and sustained the objection.

Veltri asked almost all his witnesses if they were at the Sept. 13 meeting when Bruch walked out for a few minutes and returned after a vote took place. The main point being that Bruch violated her oath because she did not get permission to leave the meeting. This incident, caught on video by the commission public videos, happened after Bruch stated her opinion about the referendum resolution.

When cross-examined by Sanchez, Block said blatantly that he disagrees with Bruch’s point of view, which she made clear at that meeting. He also said that while he has never asked Veltri to file this petition and never provided funds for the petition, Veltri talked about his intentions to file the petition with him in public and at the meetings over a few months.

Sanchez also asked that if he disagrees with something Commissioner Josh Jones says, would he ask for him to be recalled just like Veltri is petitioning for Bruch to be recalled.

“It depends what specifically is being voted on,” he said.

When Sanchez asked if he knew that the law being challenged with the referendums wasn’t applicable in the exceptions section of the state law about referendums, he shrugged and said, “I didn’t know anything about that.”

Sanchez’s last point to Block was that the resolution itself says Bruch was excused from the vote.

The other witnesses stated they were disgusted by Bruch leaving the Sept. 13 meeting.

“She is frail and unable to do her job,” Ronda Orchard, a regular at county commission meetings, said.

Veltri also called a 10 year-old-girl to the stand and asked her about her feelings on a decision to ban wild horse feeding by commissioners at a meeting.

“This made me feel sad,” she said.

However, the girl’s testimony did not have anything to do with the actual accusations against Bruch, according to Sanchez. Perez agreed.

Bruch’s defense had no witnesses for the hearing.

Bruch said after the judge’s decision that she has and will continue to vote her with conscience on matters that come before the Sandoval County Commission.

“I represent a diverse district in which constituents have differing viewpoints and opinions. Not everyone will agree with my votes. I will always listen to different arguments and then make my decision. It is the same position I stated when first running for this office,” Bruch said.

All that aside, Bruch said she was relieved the petition would not continue.

“I am pleased with Judge Perez’s decision and hope that we can move forward with attending to the needs of Sandoval County,” she said.

Had the petition been allowed to continue, Veltri would have had to get more than 5,000 signatures in 90 days for Bruch to be recalled. Veltri still has 30 days to request the New Mexico Supreme Court to overturn Perez’s ruling. Veltri said he will make a decision on that option within the next week.

Perez ended by saying, “If you didn’t agree, that’s left for the election.”

“I was very pleased to have a fair and impartial hearing … and that I was permitted to expose Commissioner Katherine Bruch for her failure to follow procedure and her own rules,” Veltri said following the ruling. “I hope this hearing served as well in letting all the other commissioners in Sandoval County know that we are watching, and we will continue to sound the alarm when we see injustice.”