SOUTHERN NEW MEXICO
State orders Doña Ana County to appoint fiscal agent
Call for independent oversight of state funds follows special audit
LAS CRUCES — In the wake of a recent special audit of Doña Ana County government operations, the state has ordered the county to appoint an outside fiscal agent to oversee the handling of state appropriations and grants.
In a letter sent Friday to the Board of County Commissioners and obtained by the Journal, the state Department of Finance and Administration informed the county it would impose special conditions on state grant funds and require a fiscal agent before the county may request capital outlay or special appropriation funds.
The letter cited “systemic, pervasive, and long-standing failures in Doña Ana County’s management of public funds” from 2020 to 2025, as identified in the April . The report was presented in a public session before the commissioners in May.
The audit identified 42 findings across multiple departments. The DFA letter highlighted 19 findings, including deficiencies in procurement, grants management, internal controls over public funds and conflicts of interest.
The DFA said those 19 findings were classified as material weaknesses, a category of serious deficiency contributing to what the Office of the State Auditor described as "a high-risk environment in which fraud, waste, abuse and misuse of public funds could occur and remain undetected."
The DFA confirmed the letter but declined further comment.
The agency ordered the county to designate a fiscal agent acceptable to the DFA who would be responsible for "reviewing compliance, submitting notices of obligation, processing and submitting payment and reimbursement requests, and preparing all necessary reports for current and future grants related to capital outlay or special appropriations awarded to the County."
In addition to overseeing those transactions, the fiscal agent would be tasked with overhauling the county's internal controls and business procedures and training staff on the new processes.
The county was also directed to submit a corrective action plan addressing the audit findings with specific changes to procedures, documentation and processes. Approval of transactions — including those for county projects receiving state funds — will be contingent on compliance with that plan.
The county also must implement procurement checklists, provide additional documentation required under New Mexico's Procurement Code, enforce conflict-of-interest reporting and separate duties among employees involved in procurement and contract approvals.
The DFA ordered the county to document its plan to appoint a fiscal agent within 10 business days, with the contract executed and the fiscal agent in place within 30 calendar days.
By that deadline, the county also must submit its corrective action plan and amend existing capital outlay and special appropriation agreements to incorporate the new conditions.
The conditions will remain in effect until State Auditor Joseph Maestas determines all 42 audit findings have been remediated and the county has demonstrated sustained improvement in management and governance.
The letter warned the county could face additional sanctions, including suspension or termination of grants and reimbursements for projects, along with more severe actions available to the state.
County Commission Chairman Manny Sanchez told the Journal the county plans to appeal the DFA's decision but declined further comment.
"When the Office of the State Auditor identifies systemic risk, it triggers real consequences," Maestas said in a statement to the Journal. "This is a clear example of safeguards being put in place to protect the public funds of Doña Ana County residents."
Maestas ordered the special audit last year after the Board of County Commissioners and Sheriff Kim Stewart separately requested one amid ongoing disputes over the sheriff's authority on hiring decisions and the commissioning and decommissioning of deputies.
The resulting 355-page report examined county operations beyond those disputes, including financial management, human resources, legal compliance, the commissioners' governance and compliance with transparency laws.
Among the findings was an apparent misappropriation of money belonging to county jail inmates that surfaced in 2022 but was never reported to the state auditor, as required by law. County officials attributed the lapse to a communication failure and said they would update reporting procedures.
Addressing commissioners in May, Maestas said the county must rebuild its organizational culture as it works to resolve the audit findings.
Algernon ’A is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.