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Officers escort Andres Valdez, executive director of Vecinos United, from the Police Oversight Commission meeting Thursday, December 13, 2012. (Patrick Lohmann/Journal)
The civilian board that reviews allegations of Albuquerque police misconduct and excessive force is facing a freedom of speech lawsuit for abruptly limiting public comment during a mid-December meeting.
On Dec. 13, several commissioners on the nine-member panel interrupted critics of the board’s then-chairwoman Linda Martinez, who they said had a conflict of interest because of her membership on the Fraternal Order of Police Auxiliary.
On Tuesday, the American Civil Liberties Union of New Mexico filed a legal complaint in state district court against the board that seeks punitive and compensatory damages for several attendees who signed up to express their concerns about Martinez’s membership with the FOP, which opposes civilian oversight of police, according to the Order’s website.
The commissioners said at the time that, since the board had just voted unanimously that Martinez had no such conflict of interest, the board was wasting its time discussing old business. Martinez then ordered police to remove attendee Andres Valdez while he was at the lectern speaking against the board’s decision.
In filing the lawsuit, the ACLU said that the public comment portion of public meetings cannot be limited, regardless of whether board members want to hear what’s being said.
“Nowhere is this right more important than when speaking out against perceived corruption or misuse of government power,” said ACLU-NM executive director Peter Simonson. “The POC cannot attempt to silence criticism of public officials during the designated public comments period.”
-- Email the reporter at plohmann@abqjournal.com. Call the reporter at 505-823-3943
