Cibola County Manager David Ulibarri said recently that news reports stating commissioners plan to sue the City of Grants over disputed intergovernmental fiscal agreements are incorrect. "We did not agree to file a lawsuit," he said. "We turned the matter over to the (county) attorney to handle, and we hope to work this out, out of the courts."

A Gallup newspaper reported that, at a Dec. 29 special meeting, commissioners told county attorney Joe Diaz to start collection efforts on $124,950.80 commissioners claim the city owes Cibola County. Diaz is quoted as saying he has no authority to negotiate with city officials, but plans to prepare a lawsuit and present it to city attorney Ken Martinez. Diaz is additionally quoted as saying he plans to file the lawsuit early this week.

Four days after the special meeting, Ulibarri denied that Diaz was told to sue the city. He said the county simply wants to collect money the city has owed for several years, and even deducted $10,000 in community library costs that the county owes the city so that both governments' bills would be accounted for.

"We need our money as bad as they do," he said.

An agenda for the special commission meeting lists charges of $60,336 in jail costs going back to the year 2000; $3,501.80 in road repairs at Mt. Taylor Addition after the city damaged a road while working on water and sewer lines located on county property; $51,798 for the Emergency Management program since 1999; $15,550 for work at the county-owned swimming pool in Grants and $765 for 2001 operating costs for the Future Foundations Family Center.

When asked for a transcript or taped copy of the special meeting. Ulibarri and county clerk Eileen Martinez refused.

Grants City Manager Robert Horacek said the city has received no documentation concerning a lawsuit or any decision by commissioners to collect on the disputed $124,950.80. He said the city is still open to discussing the dispute. "It is in the interest of both organizations to find a solution and work things out," he said.

Horacek noted, however, that the city feels that it does not owe some of the bills listed on the meeting agenda, and has attempted to pay others. For example, he said, a $15,000 check for the city's part of swimming pool repairs is still sitting at city hall, awaiting a county signature before it can be paid. City officials have left voice mail messages and faxed a copy of the receipt to the county, Horacek said, but have gotten no response.

He added that other charges, such as the jail costs, were not covered on any written agreements. The road repairs were covered under a 1983 agreement but had never been enforced, Horacek said, and agreements like that for the Emergency Management program did not list any specific dollar amounts and the city never agreed to pay the amount the county is now charging.

Finally, Horacek noted that the city has already attempted to iron out its fiscal disagreements with the county through a series of joint facilitation meetings with the Northwest New Mexico Council of Governments last summer. Two meetings took place and a third was planned, Horacek said.

"After the second forum we felt we had completed compromises concerning the animal shelter, senior citizens, the jail issue and the library," he said. "A third meeting was scheduled for July 23 to further ratify those agreements."

But Horacek said the county postponed the third meeting and sent COG a list of additional problems. That list, which Horacek provided to the Beacon, is identical to the list presented to county commissioners on Dec. 29. Horacek said the two governments have never met face-to-face to discuss those items.

"The city would still like to resolve this issue," Horacek said, "but we have a fiduciary responsibility to provide oversight. We went to COG, we thought we had a working agreement, and then boom."

Horacek noted that the county has already filed one lawsuit over the disputed bills, but later dropped it. "Ultimately if two entities can't agree professionally on that end, then you hope they can disagree professionally and proceed to the next step." - Marian Hamilton