Return to Home Page Informed Cynic Home Page Last updated on Monday February 27, 2017 11:46 AM E-Mail the Cynic
 
    2015 News Archive 2014 News Archive 2010-2009 Commentary & Documents 2011 Commentary & Documents 2012 Commentary & Documents 2014 Commentary 2013 Commentary and Documents 2010 - News Archive 2009 - News Archive 2011 - News Archive 2013 News Archive 2012 - News Archive 2015 Commentary

2015 Meeting Videos 2012 - Meeting Videos 2011 -Meeting Videos 2010 - Meeting Videos 2013 Meeting VIdeos 2012 Mandamus Other Legal Actions SEC v. Members 2014 Meeting Videos 2015 SPECIAL INVESTIGATION 2012 CUSTOMER SATISFACTION SURVEY GENERAL DOCUMENTS BUY-OUT INFORMATION 2014 attorney Invoice Documents FINANCIAL INFORMATION ANNUAL  AND  DISTRICT  MEETINGS

2014 ATTORNEY DOCUMENTS AND LEGAL COSTS

 

BACKGROUND INFORMATION:
On January 22, 2014, The Informed Cynic, under the Inspection of Public Records Act, made a request for copies of invoices from the several law firms engaged by the Co-op between 2010 and 2014 plus a small number of related documents. After a long delay, 344 pages were supplied at a cost of $1/page. Not all the documents were supplied as agreed upon and there are many redactions in the invoices. We feel this is a violation of the IPRA, the Co-op by-laws and likely contempt of court. The charge of $1 per page is unreasonable and bears more relationship to the attempt to discourage requests of records than the actual cost of producing the documents. The SEC policy on copy charges was raised from 25 cent to one dollar after the court mandated that the IPRA was legal and must be honored by the SEC.   The left side of this page are copies of documents supplied. The right column are comments and related information.  Some dates may not appear to match between left and right column. This is generally because the Invoice or statement date covers the actual work done in previous month(s)
Scroll down to review the complete set of documents

On February 26, 2014 the documents were paid for and picked up which had a cover memo with a list of documents provided. More details on correspondence in the right column. A list of documents supplied written by Mr Herrera  

List of documents requested in the e-mail of 1/22/14

List of documents requested compared to those supplied  

Complete Invoice list by date and dollar amounts 
This is not complete because the SEC did not comply with the entire request

In addition to the documents related to the invoices of the various law firms, the following documents were supplied as requested.
August 25, 2010 Board Minutes   
November 28, 2010 Board Minutes   
December 27, 2012 Board Minutes  
December 28, 2011 Board Minutes  

 

Correspondence related to the request

June 20 - Email from Trustee Wagner to Joseph Herrera re: failure to respond to request for documents and pending litigation  

May 7 - 050714-Wiggins reply to Cynic on return of documents   Note, we are still being charged $25 for documents that were returned and a threat that we cannot request any documents in the future unless we pay $25 for something we do not have.

May 5 - On May 5th, the set of documents from the Wiggins lawfirm was returned to them with the the following cover letter, which says, we do not accept the documents and the original request is still not complied with: May 5 - letter to Wiggins lawfirm on 2nd set of documents .

On April 10th - a new set of documents was sent from the Wiggins lawfirm, not from the SEC and received April 16th.  Without detailed review, they were apparently copies of the original documents, plus an additional 25 pages not supplied in the original request. This is the letter that came with those documents:
April 10, 2014 letter from Attorney Wiggins answering my March 31 letter to the SEC. Explains what they will and will not comply with (received 4/16/14)  

April 17, 2014 - open letter published in the Chieftain addressing the lack of compliance to the release of document request      (Chieftain link here )

March 31 2014. Complaint the SEC for not supplying all the documents per the agreement  

Feb 24, 2014 - Email notice documents ready and
Invoice for 344 pages of documents   Note the charge of $1/page.

February 22, 2014: A notification of another delay in release of documents  

January 27, 2014 - reply to document request  
Letter notifies a delay in responding to request

Jan. 22, 2014 Initial e-mail/letter to the SEC for inspection of public records  

OTHER RELATED DOCUMENTS

The SEC Notice of right to inspect public records policy updated 2014

March 31, 2014 Mora Trustees vote to oust co-op's leaders

Dec 4, 2012 - Letter from Number Nine Media on copy costs  

June 15, 2010 - FOG letter to board Re: open meetings & release of docs   

Inspection of Public Records Act (IPRA) 
Inspection of Public Records Act - NM Sunshine Law
 

Submit complaint about Open Meetings & Inspection of Public Records Act

June 7, 2010 - Wagner letter Re: open meetings act violations

May 25, 2011 - Dear Attorney General: the Records, Please  
(Abq Journal - "Under litigation" no excuse to not comply with record request)

More documents on Inspection of Public Records and Open Meetings Act can be found on the Documents Page.

ATTORNEY DOCUMENTS



WIGGINS, WIGGINS AND WILLIAMS

Wiggins Oct.7, 2010 to Jan 11, 2011   - 12 pages
Wiggins Feb. 8, 2011 to July, 29, 2011   - 16 pages
No documents supplied between July 29 2011 and Feb 2 2012.
Wiggins Feb. 2, 2012  to  Feb. 7, 2013   - 40 pages
Wiggins Feb 12 2013 to June 24, 2013     - 36 pages
Wiggins Aug 13, 2013 to Jan 6, 2014    -  46 pages


No agreements or letters of engagement supplied as requested.

Wiggins invoice date and amount Oct 2010 thru end of Dec 2014    
Wiggins line item description Oct 7 2010 to Jan 11 2011  
Wiggins line item description Feb 8 2011 to July 29 2011
No documents supplied between July 29 2011 and Feb 2 2012.
Wiggins line item description Feb 2 2012 to Feb 7 2013 
Wiggins line item description Feb 12 2013 to Jan 6 2014  

Total payout to the Wiggins law firm:   
2010 - $2,129.51  
2011 - $2,037.01 (not complete)   
2012 - $62,032.75   
2013 - $144,417.22
2014 - $100,550.83
Total of at least $209,616.29 between 2010 and 2013

So far in 2015:
Jan - $1,990.19   Feb  $5,487.19   



DENNIS FRANCISH

Francish contract agreement December 8, 2009  
Francish Jan 7 2010 to Sept 10, 2010  - 34 pgs
Francish Oct 29, 2010 to Jan 7 2011     - 33 pgs

 

Francish invoice date and amount 2009 to 2011 June 2012    
Francish line item description 2010 
Francish line item description 2011

Total payout to Francish was at least: (Updated 3/15/14)
2009 - $804.76  
2010 - $67,477.26  
2011 - $45,332.74
2012 - $203.90
Total payout of at least $113,818.06

All document requested were supplied.



KENNEDY & HAN

Kennedy Invoices Feb 2, 2012 to Sept 20, 2012    15 pgs

Kennedy-Han invoice date and amount    
Kennedy-Han line item description  

Total payout seems to be $53,534.11

No agreements or letters of engagement supplied as requested and may not exist with the SEC, but may exist with another law firm working for the SEC. A "trust account" is mentioned in the billing, but that was not supplied per IPRA.



FOSTER & MOSS

Foster-Moss Sept 5 2012 to Oct 31 2013    - 10 pgs

Foster & Moss invoice date and amount    
Foster line item description  

Total payout to Foster & Moss: (updated 3/18/14)
2012 - $10,304.57
2013 - $1,301.12
Total payout of $11,605.69

No agreements or letters of engagement supplied as requested and may not exist with the SEC, but may exist with another law firm working for the SEC.


IRA BOLNICK (INVESTIGATOR)

Bolnick Invoice details - March 21 , 2013 to April 25, 2013     -  5 pages

 

No agreements or letters of engagement supplied as requested but probably
exist between the Wiggins law firm and Bolnick. "Investigation" authorized by the board on recommendation of Lorna Wiggins here:
Dec 27, 2012 Board minutes authorizing Bolnick as investigator  
List of Invoice totals and people interviewed    Total payout $11,789.61

For details on the investigation, videos and comments go to the
2013 video recordings page and December 19 meeting - click here
and for additional information go to the 2013 comments page here



CORDOVA PUBLIC RELATIONS
Hired by the Wiggins Law Firm

Cordova Public Relations Firm billing  
Cordova website The specific person engaged by the Wiggins law firm was
Charles C Poling. His Webpage here

 

Cordova Public Relations
Hired by the Wiggins Law Firm

Cordova Public Relations Firm billing   Total payout 2013 - $25,094.61
Cordova website The specific person engaged by the Wiggins law firm was Charles C Poling. His Webpage here

 

 

 

Don Wolberg, Donald Wolbwiggins wiggins and williams   bolnick Francish Fransich Kennedy-Han, Foster-Moss, investigation billing erg, Miton Uliberri, Paul Bustamante,