Sat 04 25 rdr

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Roswell Daily Record

Vol. 124, No. 99 75¢ Daily / $1.25 Sunday

THE VOICE OF THE PECOS VALLEY

April 25, 2015

Saturday

www.rdrnews.com

$5M in NMMI alumni assets still at issue Court costs likely exceed $1M

By Jeff Tucker Record Staff Writer As the dust settles after a judge’s ruling Tuesday between New Mexico Military Institute and its former alumni association, the lead attorney for the alumni association says nothing much has changed after the nearly two-year legal battle, other than the expenditure of legal fees by both parties that likely reaches into the millions. Jeffrey Dahl, the lead attorney for the alumni association in the litigation, said Fifth Judicial District Court Judge Jane Shuler-Gray rejected six central

claims made by NMMI when NMMI sued its alumni association on June 10, 2013. Shuler-Gray ruled the Institute Alumni Association, formerly the New Mexico Military Institute Alumni Foundation, is an agent of the military school. However, the judge denied the military school’s request to transfer about $5 million in assets from the alumni association to the NMMI Foundation or other charitable organization for administration. “They did not gain control of the funds,” Dahl told the Daily Record Friday. “The reason that they filed the lawsuit was because they said we were mismanaging the funds. There wasn’t evidence to support that.

“I think that when everything is said and done, there’s no question that the alumni association was the prevailing party and that none of the relief that the institute requested in their lawsuit was granted. They filed a lawsuit that didn’t get them anywhere. I think a close review of the pleadings shows that what they asked for, they did not get.” Dan Whitfield, executive secretary of Institute Alumni Association, formerly the New Mexico Military Institute Alumni Foundation, said the alumni association spent $750,000 to $800,000 in legal fees to defend the lawsuit. “We killed a lot of trees in this case,” Dahl said.

Getting a grip

NMMI’s legal costs remain unknown. A spokesperson for NMMI on Friday declined to provide an estimate of the military school’s legal costs in the case. Dahl did not dispute two key conclusions of law made by the judge regarding the ownership of the alumni association’s assets. The alumni association had maintained it is an independent entity and not an agent of NMMI, while denying all requests from NMMI to transfer to the NMMI Foundation. “I don’t believe they are setbacks for the association because the (memorandum of agreement) still exists, as it always had,” Dahl said. “We will continue to operate in our relationship with the institute

through the MOA. “ NMMI in 1945 created the New Mexico Military Institute Foundation, governed by NMMI’s board of directors, to create and administer an endowment fund to be used for research, scientific and literary purposes, for building, equipment and other facilities at NMMI, to provide scholarships and to promote generally the growth, welfare and maintenance of NMMI. “The funds received by an agent in its role of trustee is not the agent’s own, rather it is held in trust for the benefit of the principal,” the judge wrote. “NMMI has a legal and equitable interest in the funds held by the association at the time

NMMI declared that the association was in breach and thereby declared the (memorandum of agreement) terminated.” Shuler-Gray ruled NMMI had improperly terminated a 2012 memorandum of agreement with the former the New Mexico Military Institute Alumni Foundation. “The association did not violate the MOA with regards to the maintenance of their accounting system, and in fact was maintaining a financial accounting system considered adequate under current and customary governmental accounting standards,” Shuler-Gray ruled. “The association did not violate See NMMI, Page A3

PVON founder Jared Tucker joins RDR team Staff Report The Roswell Daily Record has hired Jared Tucker, founder of Plains-Valley Online News, to provide his multimedia talents to the newspaper. Tucker approached the Record recently to offer his breaking news, video and other multimedia talents to the paper while also writing for the print product. “I am honored to have this opportunity to be doing the exact same thing for the Record as I was doing independently,” Tucker said. Record editor Timothy P. Howsare said Tucker is a welcomed edition to the newspaper. “Jared’s experience in video and multimedia will take our online presence into warp speed,” Howsare said. “Another plus is his knack for always being the See TUCKER, Page A2

Timothy P. Howsare Photo

Jared Tucker, left, founder of breaking news website Plains-Valley Online News, shakes hand with Daily Record publisher Charles Fischer. Tucker will now produce his videos and other online content for the RDR.

Homicide suspects sought

Staff Report

The Chaves County Sheriff’s Office is requesting the public’s help in locating two individuals charged in connection with the murder of Fabian Ward II. Ward was found murdered at the intersection of Phoenix and No Name Roads in the Midway area on Dec. 1. Detectives with the Chaves County Sheriff’s Office obtained arrest war-

Bill Moffitt Photo

Timothy Trujillo, 15, of Mayfield High School in Las Cruces, puts his prosthetic arm to the test during the 2015 New Mexico MESA USA State Competition at New Mexico Military Institute Friday. The event was the final competition before winning participants move on to the national level. MESA stands for Mathematics, Engineering, Science, Achievement. Four-person teams from 10 high schools and 10 middle schools competed.

Domingo Jose Martinez

Angel Alfred Martinez

ALBUQUERQUE (AP) — Droves of Native American and other indigenous performers and spectators have converged in New Mexico for the 32nd annual Gathering of Nations, North America’s largest powwow. Here are some things to know about the event:

tribes from the United States and Canada typically attend the three-day festival in Albuquerque. The competitions also draw tens of thousands of spectators from around the world. This year’s celebration started Thursday.

From far and wide

Grand entrance

the bottom of the University of New Mexico arena, better known as The Pit. The participants join the procession in a specific order and then twist toward the arena’s center. The formation gets tighter with each pass until the floor is packed. Grand entries can last close to an hour.

See SUSPECTS, Page A2

North America’s largest powwow draws thousands to New Mexico

More than 3,000 dancers, drummers and singers representing some 700 AP Photo

Dancers at the University of New Mexico Arena at the Gathering of Nations, Friday.

Dancers file into the arena in a large procession during grand entries Friday and Saturday. They don traditional costumes with colorful beads, feathers, fringed leather and bells. Their pounding feet keep time with beating drums as they funnel into

Today’s Forecast

HIGH 80 LOW 47

Miss Indian World

Twenty-one women are competing this year for the crown of Miss Indian World. The contest is one of the largest and most prestiSee POWWOW, Page A3

Index There

are no

for today,

Obituaries

April 25, 2015.

Classifieds...........B6 Comics..................A7 Entertainment. ....A8 Financial..............B3

General...............A2

Opinion.................A4

Horoscopes.........A8

Sports. ................B1

Lotteries. ............A2

Weather...............A8


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