Underground truth

“Where the best local secrets unfold in your very hands.”

+=+=+=+=+=+=+=+=+= August 09, 2010

+=+=+=(575) 952-0162
Ruffini Appointment was A violation of state law
by Brad Grower

The Constitution of the State of New Mexico clearly states in Article 5,

Section 13, “All district and municipal officers, county commissioners,
school board members and municipal governing board members shall
be residents of the political subdivision or district from which they are
elected or for which they are appointed.”

Raymond Ruffini resigned from his position on the Truth or

Consequences Planning and Zoning Commission as of Thursday,
August 5, 2010. The fact that Mr. Ruffini was an Elephant Butte City
resident was well known by the entire Truth or Consequences City
Commission prior to his appointment to serve as a member of that
municipal administrative body.

City Attorney Jay Rubin once again offered the city commission an
inaccurate legal opinion, and one which permitted Mr. Ruffini to
participate in several controversial decisions made by the Planning and
Zoning Commission. Anticipation of state intervention in a process
which could possibly nullify the results of those decisions, and all other
business conducted during meetings in which Mr. Ruffini was an
unlawful participant, should be expected under the provisions of the
New Mexico Open Meetings Act.

On August 3, 2010 during the public comments section of a Planning

and Zoning Commission meeting, Mr. Ruffini indicated that he had a
personal or financial interest in the approval of Braxton Merritt’s
proposal to rezone a 2.1 acre tract of land into a 6 lot subdivision. This
publicly stated desire to build on one of these proposed lots, created
the clear and undeniable necessity for his immediate resignation.

It is not unreasonable to expect that all future appointments and

elections of individuals to boards and commissions in the City of Truth
or Consequences should be held in lawful compliance with state law.

Elephant Butte City is a separate jurisdiction, and state law clearly

requires citizens outside Truth or Consequences who feel a need to
serve the public, to do so within their own municipality of record.
96.1 fm: A Long way to go just to write a ticket
by Brad Grower

On Wednesdy, August 4, 2010, an official Notice of Unlicensed Radio

Operation was hand delivered to Gerald Trumbull by FCC Agent
Gabrielle Gersten. An anonymous complaint from a local listener was
lodged with the FCC, and prompted Agent Gersten’s day-long, round-
trip drive from Denver, Colorado (at taxpayer’s expense) in order to
inform the self-acknowledged pirate station that it was indeed in
violation of the law.

In addition to such an unnecessary expense ( 96.1FM maintained and

announced their telephone number daily), the limited manpower of the
City of Truth or Consequences Police Department was temporarily
depleted by the extension of the services of Sergeant Morgan as a
police escort in order to deliver a warning citation to a crowd of two.

Mr. Trumbull began broadcasting commercial-free music to the

community almost three years ago at 88.3FM, and has consistently
provided factual information, editorial opinions, and a wide array of
classic rock, blues, jazz, big band, reggae and folk music over the past
nine months. If the station continues to broadcast over the airwaves,
Agent Gersten indicated that the seizure of broadcasting equipment,
and implementation of federal fines of up to $100,000 would be
forthcoming.

Known for his refusal to shut up and sit down, Mr. Trumbull has
indicated that he will be back. “Agent Gersten said that I was being
shut down because the signal could interfere with television and fixed
mobile signals, but I believe that I was shut down because of fear of
content… a form of censorship. And we all know who is behind this.”

Immediate plans are to include streaming digital signals of his music at

www.stumblewire.com and www.desertjournalonline.com
Mr. Trumbull apologizes for any inconvenience this may create, but
hastens to add that he does not have the necessary funds to fight the
federal government in court.

A plan to submit an application for an FCC Low-Power FM Radio License

is currently being developed. If you would like to become a participant
in developing a community-based radio station, or would like to
contribute financially to this project please call (575) 740-3745
torn American flags fly over vet’s memorial
 by Brad Grower

As of the morning of August 9, 2010, two of the three American flags

flying above the Veteran’s Memorial Park at 996 South Broadway in
Truth or Consequences, New Mexico are torn and in need of removal.

In February of this year, a small group of veterans and their friends

removed a torn flag from the main flag pole, folded it properly, and
were assured by the Veteran’s Memorial Park, Chief Administrator,
Bobby Allen that this particular flag would be repaired or disposed of in
accordance with the law. That promise was not kept.

Today, that same flag is flying in the same unserviceable condition

above the Vietnam Veteran’s Memorial. For three weeks, attempts to
convince Mr. Allen to remove the torn flags flying above the site have
been met with silence and a consistent refusal to do the right thing.

This nation is currently at war, and the least respectful thing that Mr.
Allen could do, is to disparage the service of those who have actually
served in the military. The City of Truth or Consequences donated
$14,000 to the Veteran’s Memorial Park last month, and yet Mr. Allen
cannot find the funds to replace these flags.

Bobby Allen can be reached at (575) 740-7111 or (575) 894-3617

New arrivals bring rock solid family fun to town

by Brad Grower

When the decision to develop the empty bowling alley formerly known
as the Pleasure Center was made by a recently relocated family, other
parties immediately stepped forward and accused them of stealing
their thunder. For far too long, Truth or Consequences has waited for
local entrepreneurs to step up to the plate and provide the community
with family-oriented recreational opportunities in a safe and secure
environment. Well, they need wait no longer!

Bedroxx Bowling Alley opened to the public on August 9, 2010 offering

six different bowling leagues, arcade entertainment, pool tables,
affordable food and drinks, with a stylish pre-historic theme that even
works for cave people. For more information call (575) 894-0082