Title
Discussion and Possible Action on Judge Perry Klare’s Petition to the County Council Seeking Immediate Enrollment in the State of New Mexico’s Employee Benefits Plan as well as an Increase in Judge Klare’s Salary during His Current Term of Office
Recommended Action
I move that Council take no immediate action on the petition; that the request in the petition be considered when Council discusses compensation for all elected officials; and that the discussion regarding all elected officials’ compensation be placed on the agenda for the ______________________ Council meeting.
OR
I move that Council direct the County Manager to return to Council with an ordinance as soon as possible adding County health insurance eligibility for elected officials not currently eligible with the elected official responsible for 100 percent of the premiums and return to Council for a discussion regarding all elected officials' compensation at the September 16, 2025 meeting.
Background
On July 15, 2025 Judge Klare submitted a petition to the County Council, included as Attachment A, seeking (1) to have the County Council pass a motion directing the County Manager to immediately enroll Judge Klare in the State of New Mexico’s employee benefits plan per the eligibility rules for elected officials, and (2) to introduce and pass a resolution at the next feasible Council meeting to adjust the annual salary for the Office of the Probate Judge to a fair and equitable level that is commensurate with its judicial responsibilities and within the cap already authorized by New Mexico State law, aligning with the broader state-level discussions on local control over elected official compensation.
Upon receipt of the petition the County Manager requested that the Human Resources Division investigate, with the assistance of the County Attorney’s Office, the requests made by Judge Klare in his petition. On July 18, 2025, County staff attempted to meet Judge Klare about the finding from the inquiry. After that attempted July 18, 2025 meeting, the findings and conclusions of the inquiry were provided to Judge Klare through the July 18, 2025 email from Ms. Bernadette Martinez, Deputy Human Resources Manager (Attachment B).
In response to the first request, the letter informs Judge Klare that the County does not participate in the State of New Mexico’s employee benefits program meaning County employees and County officials are not eligible to participate in the program. Further, the letter explains that the County self-insures for health care coverage through Blue Cross Blue Shield of New Mexico. The letter further explains what options are available to Judge Klare for him to become eligible to participate in the County’s health benefits plan.
As to Judge Klare’s second request for a salary increase during his term of office, increases in elected officials’ compensation during the elected official’s term of office are expressly prohibited by N.M. Const. Art. IV, § 27. This article of the State Constitution along with the seminal case regarding this article of state constitution, State ex rel. Gilbert v. Bd. of Comm'rs, 29 N.M. 209, Supreme Court of New Mexico (1924) are attached to this staff report (Attachments D and E). Any increase in compensation including any increase in salary or by partial payment of insurance premiums paid from County revenues can only take effect upon the next term of the office for the elected position.
On July 18, 2025, Judge Klare sent an email to the County Council and others asserting that positions taken by Human Resources Department and the County Attorney are false and erroneous legal conclusions and asserting that legal ethics, efficiency, and professionalism were at stake. This email is also attached to this agenda item (Attachment C).
Judge Klare will make his presentation. After that presentation Bernadette Martinez, Deputy Human Resources Manager and Victoria Pacheco, Benefits and Pension Manager, will present their findings, if needed, and answer any questions from the County Council. The County Attorney will also be present to answer any questions from the County Council.
Alternatives
Council could choose not to consider adding health insurance benefits for elected officials or salary adjustments for future elected officials.
Fiscal and Staff Impact/Unplanned Item
Fiscal impact will vary depending on future action taken by Council on future elected official compensation including any partial payment of health insurance premiums.
Attachments
A - Written Petition from Judge Klare dated July 15, 2025
B - Email from Human Resources dated July 18, 2025
C - Email from Judge Klare dated July 18, 2025
D - N.M. Const. Art. IV, § 27
E - State ex rel. Gilbert v. Bd. of Comm'rs, 29 N.M. 209