By Laura London, Alamogordo Daily News

ALAMOGORDO, N.M. — During its regular meeting Tuesday, the Alamogordo City Commission voted down a proposal from the New Mexico Department of Finance and Administration to resolve the PSAP consolidation issue, a point of contention between local officials and the state for nearly a decade.

The public safety answering point, or PSAP, is where emergency calls for fire, police or ambulance are taken by dispatchers. A surcharge is placed on all customers’ phone bills that pays for this service, and these funds go to the state Enhanced 911 Fund, which is administered by the DFA. Alamogordo and Otero County haven’t received any of these funds since their dispute with the DFA began.

City manager Mark Roath recapped the decade of PSAP struggle. After the state Legislature passed the act and began collecting for its Enhanced 911 Fund to make improvements in emergency communications, the DFA adopted its own rule that requires one PSAP per county. Alamogordo and Otero County wanted to maintain separate PSAPs to ensure they would always have a backup in case one went down, but the DFA would not release PSAP funding unless the city and county would consolidate their PSAPs.

Roath said the city and county have proposed a number of compromises to DFA over the years, but there was no resolution under the administration of former Gov. Bill Richardson. However, new DFA Secretary Richard May put forth a proposal about a month and a half ago that the county has already approved.

Roath said May proposed the city and county each keep their PSAP as an exception to the DFA’s rule. Further, the city and county would share the money that would go to fund one PSAP facility.

The city’s agenda report states that under May’s proposal, the Enhanced 911 Fund would only fund 50 percent of each PSAP’s preapproved expenditures through cash reimbursement grants. The city and county would have to upgrade their own PSAPs to make them fully compatible with the statewide E-911 system, at a cost of about $8,160 to the city. Roath said the upgrade would cost the county about $62,000. The city and county would have to pay 100 percent before seeking reimbursement from the fund.

The agenda report states once a grant agreement with DFA is executed, the city and county would be eligible for reimbursement from the Enhanced 911 Fund. The DFA would monitor expenditure requests to limit reimbursement to both PSAPs to equal the cost of one consolidated PSAP.

Roath said the city has spent $340,000 on its PSAP since the E-911 act was passed and has not been reimbursed, yet the state keeps collecting the 911 surcharge from local citizens.

Roath said if the city rejects May’s proposal, they could try to work through the governor’s office to get the proposal modified, or they could end up in litigation with the state.

Roath said this proposal will not get the city’s PSAP 100 percent funded, and the DFA will probably not budge on its position. He explained if the DFA expands this proposal, they could open the door for other PSAPs around the state to make further requests. He said the DFA does not want to reward Alamogordo and Otero County for not following their program.

Mayor Ron Griggs said city staff talked to the lieutenant governor’s office and were told the DFA will not make another offer. Griggs noted the DFA has not ever made an offer before this; it may not be a good offer, but it may be better than nothing. He said the Otero County Commission has already approved the offer.

Commissioner Marion Ledford said there was a time when the city and county had made a similar offer to DFA. He said being allowed to keep their two PSAPs seems like a victory. He said he didn’t favor litigation and suggested the city accept May’s proposal.

Commissioner Joe Ferguson said he thought the DFA had allowed other counties in the state to have two PSAPs, so calling this an exception to their rule is “pure malarkey.” He also said he thought it was wrong of the county to agree to the deal without even talking to the city.

“They (Otero County Commission) threw us under a bus,” Ferguson said.

Ferguson said since the county approved the deal, perhaps the city doesn’t even have a choice but to fall in line.

“We got the raw end of the deal,” he said.

Ferguson said what the DFA is doing is not right, and he’d like to “fight them tooth and nail.” He suggested having city attorney Stephen Thies get the state Attorney General’s opinion on the situation, and perhaps look into having the phone companies send the 911 surcharge money to the city rather than to the state.

“It’s our money,” Ferguson said. “It’s our citizens’ money.”

“I believe this is a political football,” Commissioner Robert Rentschler said.

Rentschler thought it would be futile to sue the state as they don’t have any money. He felt the proposal was as good an offer as Alamogordo and Otero County will get because there is no money to be had from Santa Fe.

Commissioner Josh Rardin said he thought it was wrong the state has collected the 911 money from local citizens and locals have never seen a penny of it, forcing the city and county to spend their own general funds on PSAP operations and upgrades.

“Essentially, the citizens have paid for it twice,” Rardin said. “We’ve paid for it out of our tax money that we have, and then they’ve also given the state just a bunch of money to just give to somebody else.

“I really feel we ought to hold the state responsible. We ought to make it very public.”

Rardin said if that doesn’t work, the city should pursue litigation. He said he feels the state doesn’t have any money, and that’s why the DFA is giving Alamogordo and Otero County the runaround.

“I think we ought to go after it,” Rardin said.

Rardin said the state has been collecting the money from locals for nearly 10 years, at 50 cents per phone bill, and that was a lot of money.

Ledford said locals don’t get back all the gross receipts taxes they pay in, either.

“That’s what big government does,” Ledford said.

“It’s time to go to the mattresses,” Commissioner Aaron Rance said. “The state has taken our money. They have stolen our money and not given it back.”

Rance agreed with Rardin and Ferguson that it was wrong for the state to have collected the 911 money from local citizens and then not given it back. He also disapproved of the county’s approval of May’s deal, referring to the action as “chicken liver.”

“They not only threw us under the bus; in fact, the bus backed over us,” Rance said.

Rance suggested the city litigate and then “let the chips fall where they may.”

Griggs said the DFA has overstepped its authority by making a rule that was not a part of the law passed by the state Legislature. He said the DFA has said Alamogordo and Otero County don’t qualify for an exception under the rule, yet has granted exceptions to other communities that used the same argument as Alamogordo.

“There’s nothing that made sense about this, from almost Day 1,” Griggs said, “unless it was purely political. That part makes sense.”

Griggs said the DFA was incorrect to insist on one PSAP per county, and was also wrong to take citizens’ money meant to be used for the PSAPs and then not release it. He said if the city and county don’t have a backup PSAP, it compromises citizens’ safety.

“This arbitrary rule that requires consolidation is not safe, and it’s not in the best interest of the citizens of New Mexico,” Griggs said.

Griggs said the city and county commissioners have done all they can do. He said they have now been given an offer they are basically forced to accept. He suggested having the Department of Public Safety look at the issues, and then have a state legislator introduce a bill to change the law. He said the DFA has not been consistent in the way they handle the situation or the way they’ve paid money out to other PSAPs, and legislation is a way to get things resolved. If they could get the law changed, perhaps in that bill there would be a provision for the city to be reimbursed for what it has spent on its PSAP out of its general funds.

Ledford agreed legislation was the best way to proceed, as well as getting a response from the Attorney General on the issues.

Ferguson suggested that if the city doesn’t approve May’s proposal, that may force the county to go along with the city. He asked if both commissions have to approve the proposal in order for it to happen, and Griggs affirmed that as correct.

Ferguson again brought up getting thrown under a bus and backed over.

“Maybe turnabout’s fair play,” Ferguson said.

Rardin said he would like the Attorney General to see if the state is breaking the law by collecting the 911 surcharge and spending the money everywhere but here. He noted Ruidoso has two PSAPs, and didn’t see the difference between funding their PSAPs and funding Alamogordo and Otero County’s PSAPs.

Griggs said a greater question for the AG may be determining whether the DFA had the authority to require consolidation in the first place because that wasn’t part of the act passed by the state Legislature.

Ferguson made a motion to reject May’s offer.

Roath said he understood commissioners’ frustration, but the city has been fighting DFA for almost 10 years. He said pursuing a legislative solution is reasonable, but that may take years and in the meantime the city isn’t collecting anything to fund its PSAP.

DPS Director Kelly Wallis said the city bought new equipment in 2007. Roath said that equipment will have to be replaced eventually, and it would be better to have the 911 money going forward than none at all.

“We should bend a little, but not break,” Roath said of handling the DFA.

“This is breaking if we agree to this,” Ferguson said. “I’m tired of these guys screwing with us. We should have taken them to court a long time ago.”

Rardin asked if the city would give up its ability to take DFA to court if they agree to May’s proposal, and Griggs said he believed that to be correct.

Ferguson’s motion to reject May’s proposal passed 4 to 3, with him, Mayor Pro Tem Ed Cole, Rance and Rardin voting to reject. Griggs, Ledford and Rentschler voted no.

Following the vote, Griggs said he thought the city should both write the Attorney General and pursue legislation. Wallis noted the DFA’s proposal was cc’d to the AG.

“I imagine the DFA covered their bases,” Griggs responded.