Roswell Daily Record
Vol. 124, No. 97 75¢ Daily / $1.25 Sunday
THE VOICE OF THE PECOS VALLEY
April 23, 2015
Thursday
www.rdrnews.com
Judge: $5M of alumni funds belong to NMMI
By Jeff Tucker Record Staff Writer
Following a nearly twoyear contentious familial court battle reminiscent of “Kramer vs. Kramer,” a district court judge has ruled an alumni association formerly housed at the New Mexico Military Institute did not violate agreements with the military school by using the school’s name and symbols, but that about $5 million in assets received by the alumni association are owned by the military school. Fifth Judicial District Court Judge Jane Shuler-Gray stated in her con-
File Photo
clusions of law that NMMI had improperly terminated a memorandum of agreement with the Institute Alumni Association, formerly the New Mexico Military Institute Alumni Foundation.
“The MOA was improperly terminated by NMMI because there was no breach of the terms of the MOA by the association,” Gray wrote in her closing conclusions of law. “There
was no breach or violation of the MOA, and thus no necessity to cure a breach or violation. The MOA remains in full force and effect because there has been no breach of the terms of the contract by the association.” However, in her other her conclusions of law, Gray said the alumni association is an agent of NMMI and therefore the alumni association’s assets belong to the military school. “The facts of this case support NMMI’s assertion that the association is its agent,” the judge wrote. “The 2012 MOA is a valid and enforceable contract
Honoring Earth Day
Max Scally Photo
The Home Garden Club planting flowers at the Roswell Museum & Art Center on Earth Day. Pictured are Michael Hall, director of the Museum, Isabel Olsen, Pam Davis, president of HGC, and Gloria Mendiola.
between NMMI and the association. From at least, but not limited to, the time of the execution of the 2012 MOA, the association was an agent of NMMI.” NMMI asked the court to freeze the association’s $5 million in assets, to transfer the funds to the NMMI Foundation, a separate group from the alumni association under the direct auspices of NMMI, and for the court to order the association to account for funds received as an agent of the school. The military school said in a statement Wednesday it was pleased with the judge’s ruling regarding the owner-
ship of about $5 million of funds held by the alumni association. “Contrary to the association’s position, which necessitated the litigation, the judge ruled that the alumni association is in fact an agent of NMMI, exists to support, promote and benefit NMMI, and that the funds in the association’s custody are for the exclusive benefit of NMMI,” said the military school’s statement. “While it is unfortunate that NMMI was compelled to seek judicial intervention to force the association to recognize NMMI’s ownership of
By Dylanne Petros Record Staff Writer
$125 lab fee for the EMS students. “(It’s) actually half of what was originally recommended,” Smith said. The next half will be brought up at next April’s board meeting for approval. The $125 fee, if also approved next year, would go to paying the staff who are required to be at the test. Hamill said he took the National Registry test ENMU-R EMS students take and understands what the school has to do, even though when he took the test it was not $200. “This hits close to home to these volunteer firefighter (and) volunteer EMS services that look to these colleges to train them,” Hamill said during the discussion.
See NMMI, Page A3
ENMU-R hikes tuition, fees
After not attending a college board meeting for more than seven months, board member Chad Hamill objected Tuesday night to an increase of Emergency Medical Services fees but was overturned by the board. Member Ralph Fresquez and President Eloise Blake approved the fee, which will be used to cover the cost of the National Registry of Emergency Medical Technicians test. Right now, the college pays the $200 fee, said Chad Smith, dean of business and science. “We purchase that test (and) our students take it,” Smith said. “We don’t make a penny.” On top of the $200 fee, the board also approved a
See ENMU-R, Page A3
City: Don’t call Health care changes are underway us, we’ll call you By Dylanne Petros Record Staff Writer
Staff Report Don’t get angry if you try to call Roswell City Hall today but can’t get through; phone lines are expected to be down for a second straight day. The city’s phone lines went down late Tuesday night and could be restored sometime today, Mayor Dennis Kintigh said, using his cell phone. “We’re functioning on cell phones,” Kintigh said, adding that some city business was conducted despite the inconvenience and hassle
for the public. Only the main city hall offices and those in the annex just south were affected. Police and fire departments were on SOP, he said. The city is replacing all telephone equipment and software through Avaya, a communications system contractor, and that project is expected to be completed today. “We’re stuck until the equipment gets replaced and upgraded,” Kintigh said.
A local heath care professional said dramatic changes are underway in America’s health care system, including a requirement to make all patient records available electronically. David Southward, chief operating officer for Kymera, said in his 41 years in the profession, this is the most change he has ever seen. “Our health care system is so broke that it’s unimaginable compared to what I’ve known,” he said.
The Affordable Care Act, which was implemented March 23, 2010, has addressed some issues in the health care system but has also left some issues out, Southward said. While the Affordable Care Act has its problems, Southward said it has an important role. “The bottom line is … (the president) brought health care to a place where we have to deal with it now,” he said. One of that changes that will be coming with the Affordable Care Act is See HEALTH, Page A2
Dylanne Petros Photo
David Southward, chief operating officer of Kymera, speaks to members of Kiwanis about upcoming changes to the health care system while Kiwanis President Abel Esquibel listens.
NM regulators adopt new rules for Lyft, Uber RISD mourns loss of SANTA FE (AP) — Months after confusion and threats of ordered closures, New Mexico regulators approved new rules on Wednesday to allow ride-booking services Lyft and Uber to operate in the state. The Public Regulation Commission voted 4-1 on new regulations that clear the way for the companies to function under guidelines separate from those that govern traditional taxi services. However, it wasn’t immediately clear if Uber and Lyft will apply for licenses under the new rules or continue to operate in the state without
authority while facing fines. The San Francisco-based Lyft and Uber use smartphone programs to connect people seeking rides with people who have cars. “This is a new and evolving business, and we need to evolve with it,” Commission Chairwoman Karen Montoya said. New Mexico regulators need to work with companies who want to come to the state and create jobs, she said. But Commissioner Valerie Espinoza, who voted against many of the new rules, said it seemed unfair that the comToday’s Forecast
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mission was creating new rules at the expense of smaller, traditional taxi companies. “It seems like we’re jumping through a lot of hoops to accommodate Lyft and Uber,” she said. “It doesn’t create a level playing field.” Dion Hindi, vice president of ABQ Cab Co., a taxi company in Albuquerque, agreed that new rules gave Uber and Lyft an unfair advantage. “We’ve been following the rules for more than 40 years,” Hindi said. “We’re a small company with 50 drivers, and they are multimillion dollar businesses. Why do they
get new rules?” Lyft spokeswoman Chelsea Wilson said company representatives had not seen the final version of the New Mexico guidelines and she couldn’t provide further comment until then. In a statement after the vote, Uber spokeswoman Taylor Patterson said: “We look forward to working with the PRC and are hopeful they are committed to bringing ridesharing to New Mexico with regulations that recognize this innovative business model.”
teacher Lori Johnson The Roswell Independent School District is saddened by the tragic and sudden passing of Ms. Lori Johnson, one of the District’s outstanding teachers, in an auto accident on Monday evening. Ms. Johnson was a 20-year educator for the district, having taught fifth grade at Washington Avenue Elementary and more recently, teaching at Mesa Middle School. She was known for her tireless efforts as a teacher and her ability to connect with stu-
Sincerely, Tom Burris RISD Superintendent
Index
Today’s Obituaries Page A6
• Lori Ann Johnson • Betty Ann Lamb
dents. The district wishes to express its sincere condolences to Ms. Johnson’s family, friends and students. Students and staff members in need of bereavement services are encouraged to call the Superintendent’s Office at 627-2511 for a listing of resources and assistance.
Classifieds...........B6 Comics..................B5 Entertainment. ....A8 Financial..............B4
General...............A2 Horoscopes.........A8 Lotteries. ............A2 Nation..................A6
Opinion.................A4 Sports. ................B1 Weather...............A8