FILED IN MY OFFICE

DISTRICT COURT CLERK

11/14/2016 12:28:17 PM
NELDA CUELLAR
Maria Torres

D-506-CV-2016-01346

Case assigned to Shoobridge, William G. W.

 2. The City of Jal is located in Lea County, New Mexico. It is a "public body" as

that term is defined in NMSA 1978, Section 14-2-6(F), and the recipient of the IPRA request at

issue in this case.

3. Robert Gallagher (hereinafter "Gallagher") is employed as the City Manager of

the City of Jal. Defendant Gallagher is the addressee of the IPRA request at issue in this case, as

well as a custodian of records for the City of Jal.

4. John Does 1-3 and Jane Does 1-3 are officials of the City of Jal and/or others

collaborating with officials of the City of Jal who acted as instruments of and/or in concert with

Defendant Gallagher in the violations of IPRA described below.

VENUE AND JURISDICTION

5. Venue is proper in this District pursuant to NMSA 1978, 38-3-1(A) & (G).

6. Jurisdiction exists under IPRA, NMSA 1978, 14-2-1 et seq.

DEFENDANTS' CONDUCT IN VIOLATION OF IPRA

7. On October 13,2016, Fallick served his Inspection of Public Records Act Request

(hereinafter "IPRA Request") upon Defendant Gallagher. This IPRA Request was served by e-

mail prior to Defendant City of Jal's Hours of Operation, and it was transmitted to two e-mail

addresses Defendant Gallagher regularly uses as City Manager. A copy of Plaintiff Fallick's

October 13, 2016 e-mail and IPRA Request are attached hereto as Exhibit 1. Plaintiff Fallick

also mailed the IPRA Request to Defendant Gallagher by certified mail, return receipt requested.

8. Plaintiff Fallick requested in Exhibit I that Defendant Gallagher acknowledge

receipt of the IPRA Request by reply e-mail, but Defendant Gallagher ignored this request.

9. On October 16,2016, contrary to IPRA and New Mexico Public Policy,

Defendant Gallagher transmitted an e-mail to multiple recipients that speculated Plaintiff

2
Fallick's IPRA Request was submitted as the agent for an undisclosed principal and, based on

that speculation, harshly criticized a resident of the City of Jal for submitting the IPRA Request.

A copy of Defendant Gallagher's October 16,2016 e-mail is attached hereto as Exhibit 2. This

Exhibit demonstrates Defendant Gallagher's hostility toward both his legal duties under IPRA

and the Jal resident Gallagher speculated was responsible for the IPRA Request. Exhibit 2 also

relies on allegations of fact that not only are immaterial to Gallagher's duty to comply with

IPRA, but also are knowingly false and defamatory.

10. Defendant Gallagher's expressed hostility to his legal obligations under IPRA is

in line with his view that he has the right to exercise official authority in secret, contrary to New

Mexico's Public Policy of open government and Gallagher's obligation to be accountable to the

people he serves. This fact is evident from Defendant Gallagher's August 29,2016 e-mail to the

Oil Conservation Division of the New Mexico Energy, Minerals, and Natural Resources

Department (hereinafter "OCD") attached as Exhibit A to Plaintiff Fallick's IPRA Request

(Exhibit 1 hereto). Contrary to New Mexico Law and Public Policy mandating open and

transparent government, Defendant Gallagher's August 29,2016 e-mail in pertinent part states

that "[ w]e obviously are disappointed and concerned" that the OCD did not keep Gallagher's

actions secret from the affected Jal resident.

11. Consistent with Defendant Gallagher's desire to exercise governmental power in

secret, and his hostility to New Mexico Law and Public Policy, Defendant Gallagher set out on

an intentional pattern of conduct calculated to violate and otherwise frustrate- and that did

violate and frustrate -multiple legal obligations explicitly imposed by IPRA upon him and

Defendant City of Jal.

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 12. For example, in Exhibit 2 hereto, Defendant Gallagher asserts that "there are no

documents at all for questions number 1 through 4," which request among other things

documents Defendant Gallagher explicitly told the OCD were in the possession of the City of

Jal. Specifically, in Defendant Gallagher's August 29,2016 e-mail attached to Fallick's IPRA

Request, Gallagher insists that the OCD take official action requested by the "city of Jal, who

filed the original concern with your division, after receiving a substantial amount of

documentation from an oil company in the area .... " Defendant Gallagher's deceitful "now you

see it; now you don't" approach to his IPRA duty to disclose public records constitutes a

flagrant, willful, and intentional violation of his obligations under New Mexico Law.

13. In addition, in the course of Defendant Gallagher's pattern of intentional

violations of New Mexico Law, Defendant Gallagher acted individually and in concert with

others to obstruct, frustrate, delay, and defeat Plaintiff Fallick's IPRA rights. For example:

a. Defendant Gallagher failed and refused- and he caused Defendant City of Jal

to fail and refuse -to produce any of the requested documents "immediately

or as soon as is practicable under the circumstances," as required by Section

14-2-S(D);

b. Defendant Gallagher failed and refused- and he caused Defendant City of Jal

to fail and refuse -to explain in writing within three days (or at any time prior

to the filing of this Complaint) when the documents would be produced, as

likewise required by Section 14-2-S(D);

c. Defendant Gallagher caused an employee of Defendant City of Jal to send an

e-mail to Plaintiff Fallick on October 18,2016, falsely claiming that

Defendant City of Jal received the IPRA Request on October 17, 2016, when

4
 in truth Defendant Gallagher received it on October 13,2016, and in fact

Gallagher forwarded, circulated, and criticized it on October 16, 2016; that is,

the day before the date on which the October 181h e-mail claims it supposedly

was received (Exhibit 2 hereto);

d. Defendant Gallagher likewise caused the City of Jail employee to include in

that same October 18th e-mail various other statements calculated to obstruct,

frustrate, delay, and defeat Plaintiff Fallick's IPRA rights under Section 14-2-

9(B) to obtain (i) electronically stored documents promptly and without a per

page charge, and (ii) paper documents for which he had agreed to pay a$ 1.00

per page copying charge by demanding advance payment while refusing to

disclose the amount demanded;

e. Defendant Gallagher further failed and refused- and he caused Defendant

City of Jal to fail and refuse- to produce the requested documents (or any of

them) "no later than fifteen days after receiving the written request," as

required by Section 14-2-8(D);

f. Defendants Gallagher and Defendant City of Jallikewise failed within fifteen

days to send Plaintiff Fallick either a written explanation denying the IPRA

Request (in whole or in part) as required for denials by Section 14-2-11, or a

notification alleging that the IPRA Request was "excessively burdensome or

broad," as required to seek additional time to produce the documents; and

g. Defendants Gallagher and Defendant City of Jal secretly chose particular

responsive documents to withhold, hide, and refuse to disclose, when

Defendant Gallagher did not want Plaintiff Fallick to obtain the documents

5
 and Gallagher believed Fallick otherwise would not become aware of and

obtain the withheld documents.

COUNT ONE

14. Plaintiff Fallick repeats and realleges each allegation contained in paragraphs 1

through 13 as if fully set forth herein.

15. Defendants flagrantly, willfully, and intentionally violated IPRA.

16. Plaintiff is entitled to recover damages, at up to$ 100 per day per violation, and

costs and attorneys' fees actually incurred pursuing this action pursuant to Sections 14-2-11 (C)

and 14-2-12(D).

COUNT TWO

17. Plaintiff Fallick repeats and realleges each allegation contained in paragraphs 1

through 16 as if fully set forth herein.

18. An actual controversy exists between Plaintiff and Defendants regarding whether

Defendants' conduct violates IPRA and whether Defendant City of Jal has policies, procedures

and training in place adequate to ensure compliance with New Mexico Law.

19. Plaintiff is entitled to declaratmy relief that Defendants have violated IPRA, and

that Defendant City of Jal's policies, procedures, and training are inadequate to ensure

compliance with IPRA.

COUNT THREE

20. Plaintiff Fallick repeats and realleges each allegation contained in paragraphs 1

through 19 as if fully set forth herein.

21. Pursuant to NMSA 1978, Section 14-2-12(8), Plaintiff is entitled to a writ of

mandamus and injunction ordering Defendants to produce all responsive documents in

6
Defendants' possession, custody and/or control, and/or that were in Defendants' possession,

custody and/or control and can be retrieved or otherwise acquired by Defendants.

WHEREFORE, Plaintiff Fallick respectfully requests that this Court grant the

following relief:

1. A declaration that the Defendants have violated IPRA;

2. A declaration that the Defendants' violations of IPRA were flagrant, willful,

and intentional;

3. The issuance of a writ of mandamus and an injunction (a) ordering Defendants to

produce the requested records forthwith and likewise to produce all requested

public records in the future in accordance with IPRA, and (b) ordering Defendant

City of Jal to implement policies, procedure, and training sufficient to ensure

future compliance with IPRA and prevent improper denials in the future;

4. An Order awarding all damages to which Plaintiff is entitled under NMSA 1978,

Sections 14-2-ll(C) and 14-2-12(D); and

5. An Order for such other and further relief as the Court deems just and proper.

Respectfully submitted,

FALLICKLAW, LTD.

ByGIACk i.1
100 Gold Avenue, S.W., Suite 205
Albuquerque, New Mexico 87102
(505) 842-6000

For Plaintiff

7
 From: Gregg Vance Fallick GVF@ Falli ckl aw.com #
Subject: Inspection of Public Record s (IPR A Req uest)
Date : October 13, 2016 at 6:04 AM
To : Bob Gallagher citym anager@cityofjal. us
Cc : Bob Gall agher bobgallagher93@ yahoo.com

Message:

Dear Mr. Gallagher - I am serving the attached IPRA request letter of this date. Please acknowledge
receipt by reply e-mail. Thank you. - Gregg Fallick

Gregg Vance Fallick

FallickLaw, LTD .
Suite 205
Gold Avenue Lofts
100 Gold Avenue, SW
Albuquerque, New Mexico 87102
(505) 842-6000 (Telephone)
(505) 842-6001 (Facsimile)
GVF@FallickLaw.com
www.FallickLaw.com
www.Trial PartnerOn Demand .com

ll.mll
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'- -'
Gallagher
10.13.2 ... st) .pdf

Exhibit 1
 GREGG VANCE PALUCK
ATTORNEY AT LAW
SUITE 205
GoLD AVENUE LOFTS
100 GoLD AvENUE, S.W.
ALBUQUERQUE, NEW MEXICO 87102
TELEPHONE (505) 842-6000
FACSIMILE (505) 842-6001
GVF@FallickLaw.com

October 13,2016

Bob Gallagher, City Manager

City of Jal
PO Drawer 340
Jal, New Mexico 88252
(VIA E-MAIL AND UNITED STATES MAIL)

Re: Inspection Of Public Records Act Reguest

Dear Mr. Gallagher (or in Mr. Gallagher's absence, the acting Custodian of Records):

I am writing to you as custodian of records of the City of Jal for the public records
referenced below.

Pursuant to NMSA 1978, Section 14-2-8, I hereby request the right under the Inspection
of Public Records Act ("IPRA") to inspect and receive copies of all of the following public
records, as defined in Section 14-2-6(G):

1. All documents -written, electronic, or otherwise - constituting a complete set of

the "substantial amount of documentation from an oil company in the area" referenced in
paragraph 3 ofthe August 29,2016 8:32PM e-mail from Bob Gallagher to Phillip Goetze
attached hereto as Exhibit A. That is, a complete set of all public records, as defined in Section
14-2-6(0), that are referenced in the following language in paragraph 3 of Exhibit A: "The city
of Jal, who filed the original concern with your division, after receiving a substantial amount of
documentation from an oil company in the area, wishes to insist on having a divisional employee
present for the entire test, to have a geologist or engineer of our choosing, at our expense, present
for the entire test, and that the log be available for follow up evaluation .... "

2. All documents- written, electronic, or otherwise- identifYing, listing, or

otherwise referring to the "oil company in the area" referenced in paragraph 3 of Exhibit A. In
other words, I am requesting any and all documents, regardless of subject matter, disclosing the
identity of the "oil company in the area" referenced in paragraph 3 of Exhibit A. This request
includes, but is not limited to:

(a) All e-mails, letters, memoranda, and/or other communications of any kind
whatsoever.ftom the "oil company in the area" on any and all topics
whatsoever to any and all persons and/or entities whatsoever.

FALLIOKLA,V, LTD.
Bob Gallagher, City Manager
October 13, 2016- page 2

(b) All e-mails, letters, memoranda, and/or other communications of any kind
whatsoever to the "oil company in the area" on any and all topics whatsoever
from any and all persons and/or entities whatsoever. This request includes all
communications as to which the "oil company in the area" is (i) the addressee,
(ii) a carbon copy and/or blind copy recipient, and/or (iii) otherwise provided
with a copy.

(c) All notes, messages, memoranda, logs, minutes, agendas, calendars,

schedules, sign-in sheets, attendance records, and/or activity records of any
kind whatsoever referring to the "oil company in the area."

3. All documents -written, electronic, or otherwise- identifying, listing, or

otherwise referring to any and all persons providing the City of Jal (including any and all
representatives of the City of Jal) with the "substantial amount of documentation from an oil
company in the area" referenced in paragraph 3 of Exhibit A. In other words, I am requesting
any and all documents, regardless of subject matter, disclosing the identities of any and all
persons responsible for and/or arguably responsible for providing the City of Jal (including its
representatives) with the "substantial amount of documentation from an oil company in the area"
referenced in paragraph 3 of Exhibit A. This request includes, but is not limited to:

(a) All e-mails, letters, memoranda, and/or other communications of any kind
whatsoeverfiom any and all persons providing the City of Jal (including any
and all representatives of the City of Jal) with the "substantial amount of
documentation from an oil company in the area."

(b) All e-mails, letters, memoranda, and/or other communications of any kind
whatsoever to any and all persons providing the City of Jal (including any and
all representatives of the City of Jal) with the "substantial amount of
documentation from an oil company in the area." This request includes all
communications as to which any and all such persons are (i) the addressee(s),
(ii) carbon copy and/or blind copy recipient(s), and/or (iii) otherwise provided
with a copy.

(c) All notes, messages, memoranda, logs, minutes, agendas, calendars,

schedules, sign-in sheets, attendance records, and/or activity records of any
kind whatsoever referring to any and all such persons.

4. All documents- written, electronic, or otherwise- identifying, listing, or

otherwise referring to any and all persons present at any and all meetings at which any and all of
the "substantial amount of documentation from an oil company in the area" was reviewed and/or
available to be reviewed, and which was attended in whole or in part- by Senator Gay G.
Kernan and/or Representative Larry R. Scott. In other words, I am requesting any and all
documents, regardless of subject matter, disclosing the identities of any and all persons who
attended any and all such meetings. This request includes, but is not limited to:
Bob Gallagher, City Manager
October 13,2016- page 3

(a) All e-mails, letters, memoranda, and/or other communications of any kind
whatsoever,fi'om any and all persons and/or to any and all persons, disclosing
the identities of any and all such persons.

(b) All notes, messages, memoranda, logs, minutes, agendas, calendars,

schedules, sign-in sheets, attendance records, and/or activity records of any
kind whatsoever referring to any and all such persons.

5. All documents - written, electronic, or otherwise - constituting, reflecting,

referring, and/or relating to communicationsfiom the geologist and/or engineer retained by the
City of Jal, as referenced in the following language in paragraph 3 of Exhibit A: "The city of Jal
... wishes ... to have a geologist or engineer of our choosing, at our expense, present for the
entire test .... "

6. All documents- written, electronic, or otherwise- constituting, reflecting,

referring, and/or relating to communications to the geologist and/or engineer retained by the City
of Jal, as referenced in the following language in paragraph 3 of Exhibit A: "The city of Jal ...
wishes ... to have a geologist or engineer of our choosing, at our expense, present for the entire
test .... " This request includes all communications as to which the geologist and/or engineer is
(a) the addressee, (b) a carbon copy and/or blind copy recipient, and/or (c) otherwise provided
with a copy.

7. All documents- written, electronic, or otherwise- provided by the City of Jal to

the geologist and/or engineer retained by the City of Jal, as referenced in the following language
in paragraph 3 of Exhibit A: "The city of Jal ... wishes ... to have a geologist or engineer of
our choosing, at our expense, present for the entire test .... "

8. All documents written, electronic, or otherwise- provided to the City of Jal by

the geologist and/or engineer retained by the City of Jal, as referenced in the following language
in paragraph 3 of Exhibit A: "The city of Jal ... wishes ... to have a geologist or engineer of
our choosing, at our expense, present for the entire test .... "

9. All documents- written, electronic, or otherwise -constituting, reflecting,

referring, and/or relating to authorization by the City of Jal to incur the expense for the geologist
and/or engineer retained by the City of Jal, as referenced in the following language in paragraph
3 of Exhibit A: "The city of Jal ... wishes ... to have a geologist or engineer of our choosing, at
our expense, present for the entire test .... "

10. All documents- written, electronic, or otherwise- constituting, reflecting,

referring, and/or relating to the fees, costs, expenses and/or other financial obligations incurred
by the City of Jal for the geologist and/or engineer retained by the City of Jal, as referenced in
the following language in paragraph 3 of Exhibit A: "The city of Jal ... wishes ... to have a
geologist or engineer of our choosing, at our expense, present for the entire test .... " This
request includes, but is not limited to, invoices, bills, checks, electronic transfers, and/or
accounting entries reflecting the amounts incurred and the amounts paid for the services
referenced in the language quoted in this paragraph, above.
Bob Gallagher, City Manager
October 13, 2016- page 4

11. All e-mailsfrom Bob Gallagher, to any and all recipients, on any and all topics
whatsoever, from January 1, 2014, to the date of the City of Jal's response to this request. This
request includes any and all e-mails from Bob Gallagher (a) using the e-mail address
citymanager@cityofjal.us, and/or (b) using any and all other e-mail addresses- including but not
limited to bobgallagher93@yahoo.com- for any and all c01mnunications that relate and/or
arguably relate in any manner or to any degree to the business and/or operations of the City
of Jal.

12. All e-mails to Bob Gallagher, from any and all recipients, on any and all topics
whatsoever, from January 1, 2014, to the date of the City of Jal's response to this request. This
request includes any and all e-mails to Bob Gallagher (a) at the e-mail address
citymanager@cityofjal.us, and/or (b) at any and all other e-mail addresses- including but not
limited to l;>_obgallagher93@yahoo.com- for any and all communications that relate and/or
arguably relate in any manner or to any degree to the business and/or operations of the City of
Jal. In addition, this request includes all communications to Bob Gallagher in any capacity,
including as (i) the addressee, (ii) a carbon copy and/or blind copy recipient, and/or (iii)
otherwise provided with a copy.

13. All e-mailsfiom Melody Beckham, to any and all recipients, on any and all topics
whatsoever, from January 1, 2014, to the date of the City of Jal's response to this request. This
request includes any and all e-mails from Melody Becld1am (a) using an e-mail address from the
URL cityofjal.us, and/or (b) using any and all other e-mail addresses for any and all
communications that relate and/or arguably relate in any manner or to any degree to the business
and/or operations of the City of Jal.

14. All e-mails to Melody Becld1am, from any and all recipients, on any and all topics
whatsoever, from January 1, 2014, to the date of the City of Jal's response to this request. This
request includes any and all e-mails from Melody Becld1am (a) using an e-mail address from the
URL cityofjal.us, and/or (b) using any and all other e-mail addresses for any and all
communications that relate and/or arguably relate in any manner or to any degree to the business
and/or operations of the City of Jal. In addition, this request includes all communications to
Melody Becld1am in any capacity, including as (i) the addressee, (ii) a carbon copy and/or blind
copy recipient, and/or (iii) otherwise provided with a copy.

15. All e-mailsfi'om Jim Ellison, to any and all recipients, on any and all topics
whatsoever, from January 1, 2014, to the date of the City of Jal's response to this request. Tins
request includes any and all e-mails from Jim Ellison (a) using an e-mail address from the URL
cityofjal.us, and/or (b) using any and all other e-mail addresses for any and all conununications
that relate and/or arguably relate in any matmer or to any degree to the business and/or
operations of the City of Jal.

16. All e-mails to Jim Ellison, from any and all recipients, on any and all topics
whatsoever, from January 1, 2014, to the date of the City of Jal's response to this request. This
request includes any and all e-mails from Jim Ellison (a) using an e-mail address from the URL
~ityofjal.us, and/or (b) using any and all other e-mail addresses for any and all conmmnications
Bob Gallagher, City Manager
October 13,2016- page 5

that relate and/or arguably relate in any manner or to any degree to the business and/or
operations of the City of Jal. In addition, this request includes all communications to Jim Ellison
in any capacity, including as (i) the addressee, (ii) a carbon copy and/or blind copy recipient,
and/or (iii) otherwise provided with a copy.

17. All e-mailsfiom Mike Orr, to any and all recipients, on any and all topics
whatsoever, from January 1, 2014, to the date of the City of Jal's response to this request. This
request includes any and all e-mails from Mike Orr (a) using an e-mail address from the URL
cityofjal.us, and/or (b) using any and all other e-mail addresses for any and all communications
that relate and/or arguably relate in any manner or to any degree to the business and/or
operations of the City of Jal.

18. All e-mails to Mike Orr, from any and all recipients, on any and all topics
whatsoever, from January 1, 2014, to the date of the City of Jal's response to this request. This
request includes any and all e-mails from Mike Orr (a) using an e-mail address from the URL
cityofjal.us, and/or (b) using any and all other e-mail addresses for any and all communications
that relate and/or arguably relate in any manner or to any degree to the business and/or
operations of the City of Jal. In addition, this request includes all communications to Mike On
in any capacity, including as (i) the addressee, (ii) a carbon copy and/or blind copy recipient,
and/or (iii) otherwise provided with a copy.

19. All e-mailsfiom JoAn Chesser, to any and all recipients, on any and all topics
whatsoever, from January 1, 2014, to the date of the City of Jal's response to this request. This
request includes any and all e-mails from JoAn Chesser (a) using an e-mail address from the
URL cityofjal.us, and/or (b) using any and all other e-mail addresses for any and all
communications that relate and/or arguably relate in any matmer or to any degree to the business
and/or operations of the City of Jal.

20. All e-mails to JoAn Chesser, from any and all recipients, on any and all topics
whatsoever, from January 1, 2014, to the date of the City of Jal's response to this request. This
request includes any and all e-mails from JoAn Chesser (a) using an e-mail address from the
URL cityofjal.us, and/or (b) using any and all other e-mail addresses for any and all
communications that relate and/or arguably relate in any mmmer or to any degree to the business
and/or operations of the City of Jal. In addition, this request includes all communications to
JoAn Chesser in any capacity, including as (i) the addressee, (ii) a carbon copy and/or blind copy
recipient, and/or (iii) otherwise provided with a copy.

21. All e-mailsfiom Lisa Johnson, to any and all recipients, on any and all topics
whatsoever, from January 1, 2014, to the date of the City of Jal's response to this request. This
request includes any and all e-mails from Lisa Jolmson (a) using an e-mail address from the URL
Qi!YJJ_f.iil111~, and/or (b) using any and all other e-mail addresses for any and all communications
that relate and/or arguably relate in any mam1er or to any degree to the business and/or
operations of the City of Jal.

22. All e-mails to Lisa Johnson, from any and all recipients, on any and all topics
whatsoever, from January 1, 2014, to the date of the City of Jal's response to this request. This
Bob Gallagher, City Manager
October 13,2016- page 6

request includes any and all e-mails from Lisa Johnson (a) using an e-mail address from the URL
~.i!y:oful.us, and/or (b) using any and all other e-mail addresses for any and all communications
that relate and/or arguably relate in any manner or to any degree to the business and/or
operations of the City of Jal. In addition, this request includes all communications to Lisa
Johnson in any capacity, including as (i) the addressee, (ii) a carbon copy and/or blind copy
recipient, and/or (iii) otherwise provided with a copy.

In accordance with Section 14-2-8(D), I request that the City of Jal comply with this
IPRA request immediately, or as soon thereafter as practicable under the circumstances, but not
later than fifteen (15) days from today. In accordance with NMSA 1978, Section 14-2-9(B), I
request that you provide copies of these public records in electronic format if they exist or are
otherwise available to the City of Jal in electronic format. To the extent that the documents exist
in multiple electronic formats, I request that they be provided in all such formats. Alternatively,
if the documents exist in multiple electronic formats, I request that you consult with me about the
formats in which the documents shall be produced and produce them in the formats most
accessible to me.

If the City of Jal requires advance payment of any fees and/or costs due under NMSA
1978, Section 14-2-9, please let me know right away so that I can make the necessary
arrangements without any delay in the process.

My name, address, and telephone number are printed above, as the person seeking access
to the records under Section 14-2-8(C)(5).

Thank you.
Sincerely,

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on the f:u: lthultl!'-')' \Wrc husy with othl'I"OJH:rnlions. Yon hrwc previously informed us tllill a well ofthtirs Wt'IS undc in\'csti giltiun ill the Cal'l sh:ul ana fo r
possibly c.~ ont n minatin g r~ drinki11g wale w<ll. whith is lhc SHIIIC ('UIIl'crn we askt.d your department to :uldl\~ss in L~a Co1 mly. But y,~ tlh c y ~ latcd , nn<l you
:u.T cpted, that the y Wl'l'l' too bu S)' lo sdll.'dulc tiJ ~ .simple injcl'lioll S\11'\'C)' h~$ llh n l you had

2. t\lr. Catn ~dl01i gin n lly told ll~ tlmt a hur~ it lll'lltphl)'l'C would be p rt ~ cnluml ohscrrc the cntiru lest. Yom c111:1il S(.'l:ms to sngg(stthat you may or nmy not
hnn; 1111 (!l!lploycc ohscrvc ntl cn~t a p:ut of IIH' t ~s l. \Vould you plrnSl' c~.'\plain to us what has changed bl'tW<~Ntth ~ tilile that we ccci vc<lthc tirsll'lltnil fm111 tile
<lir ' r tor until late lnst wrc k when Wl\ rrcdl'cd )'0111'

:\, lhc l'ity of Jnl, wl1o !I it'd lh ~ originnl conl't llt will\ your divi~ion, aft~.": I' l'l'C'Ching i'l :\HhswntiOtl lunounl of dm:\lllH'nt nli nn from an oil nnnpany inlht: arcn,
w i s l1c ~ to in ~i sl o n llil\'ing 1\ di v i ~ iOmlllm ployt~ p1\'sent f{) J' th~. entire ll'sl, to hare a ~(~ olng i sl or ~ n gi n l'(' l' of our rho osing, nl our ,"::\JWn sc, pr~S l'tll for tile e11tirc
lest, and thnt tlw lng he al'ailnblc for foll ow up Cl'nlualion by lhr r ity of

11. It nppcnr!i that nn)'lim c your rl.lll11111111 katin11in voln:s nn cmployct: of lite ~li strkt offi('c in lloUhs the l'OIIlpany who uwtts the WC!tl in qu~ stion is uutili~d of
our comnllltlkations. \Vl' nrc obvio usly di snppoinl rd and COI\t('IIH~d all(>\11

5. Plcnsl! nllow me to make our positioll \'cry d r:u. 'l'hc city's o li giu ~d lcllct' IO th C' OCD w;Vi writll'ft 011 /\plii 2R, 20 16 :uid :-;ulcly foc used 0 1\ om rolll.{'fllthal
the fresh water zone that Wl' lllu)' he dmwin ~ <l rinkiu ~ wnll'r rrom in tl1c very lll'ar fut1m: \V;ts hcin g rn mpnJinistd hy this flispns~l WI: II. \V~~ l1n1l oursci\'\'S now
d mc 10 120 <ioys si ne ~ that lctli'r willt no other I'<'Sponsc from thl' division IJ<sides the one rmnil from !he <lircclor and )'Our cJnailrrl'('il'l<i btc last 1\'eik. Thai
is ~: imply not ;,cceptahll' nor dols it :-:. how IHI)' (om~l'l'll fl'\) ni youl' division for thl prott.ction ~)r the snf~ drinking wnttr inth ~ stnt c of Ntw Mc.'i.k(l,

6. Simply put , we nn.~ undC'rwhcl mcd by your nspon se i\11,1 O\' l' t\\'ll<' ln1l~ ll wi th the fa ct that this simple srit~ nlilk test that roulcl rcsolrc t\11 ({lll'Stions h:1s now
lu...:n held up in wltnt :lj}Jil'iiiS toulu In h~.: a politil'~lln rl' lm. Pkase IIIHil'l'slnnclthatthosc o( us who insist 011 sa fl' drinking watn for our rcsidl nt s will nlways
oHnomc emot ional or politir.'ll hwol\'l' lll (' nt or

The hall is in y(Jur t'O III1 on how you \\ouht lih tu pmn~ nl, hut yon have now been pnt on notkc that the dty will insist u11 lta\'ing a di visionnl l'mplo)'l' C
pr.:sl' nt for the ~ulii'IJ l c ~ t and n ~r o\u g i s l or l' ll ginN'r Jl!lid for hy th l' l' ily to h ~ pr~ s c ut as well.

I lOOk fLil'\\':lfd IO a I'C:!<iJ)OflS(' (rom )'011 ('(li\C~ IItin g WhellthC' h:St!H'IS hl'CH

S'-'111 from my

O n i\11lt 26,2016, nt ,1:00 I'M, (ioclt.e, Phillip, r:M NIW > wrote:

Mnmlo Sholes UWell No. 2 - API 30025 09806; SWD-1127

Mr. G~llagh e1:
The Injection survey has not be cornpl etetl, OWL requested ll1itlwas eranted nn extension until September 2 for coJitpl <! tion of th o injc(.lion survey. t wilt be
checking with Distri ct S11pcrvl sor for nny p ~pc rwo rk fit ctl with th e District resardinu this matter. The Division will nttempt to have a representative present
for witnessing a portion or ll c tcs.t . There will he more lnform ntlon av3llable next week and will m3kc it avnll alJi c to you when the Oi ~ trict rec<!lvcs it .
Pl(:ilSC to nta tt n)O: with <Jny quf!s.ticms on thl$ rnHtt er. PRG
1220 South Sl. Fr ancis Drivo, Sanla Fo, NM 87505
Direct: GO!i,ti7G.3'+ GG
F.mail;
illlili:cOQ2.)pll >

Mnml1>S holos lnj S111W)' Ex t. pdf >

Exhibi t .A.
 From: Bob Gallagher c tymanager@c tyofja .us
Subject :Fwd: Inspect on of Pub c Records (IPRA Request)
Date: October 16, 2016 at 10:52 AM
To :Chery Chance mayor@c tyofja .us, Arne a Trev no trev no.ame a@yahoo.com , JoAn Qhesser joan193855@gma .com, .
Beckham Me ody mbeckham16jcc@gma .com , M keoja m l<eoja @yahoo.com , J m E son e sonduova ornet.com,
Jenn ngs Dewayne dnjenn @w nd stream. net
Cc: Edwards Jenny j.edwards@c tyofja .us

All,
I am sending you this inspection of public records act from an attorney in Albuquerque who, it would
appear, has been retained by Mr. Fulfer. I am asking Jenny to respond back to him in our normal
procedural way while telling him that the magnitude of his request will require substantial amount of
time and that we will get back to him when all the information is compiled. Jenny, I will tell you that
there are no documents at all for questions number 1 through 4.

I cannot begin to tell you how a request such as this one shows total disrespect for the needs of the
citizens of Jal. It cries out, drinking water be damned I can do anything I want and I will run over
anyone in my way. This is very dangerous but should give you very good insight into the thought
process of someone that would go to this length to retaliate against the city because of the city wanting
to ensure that it's citizens will have fresh drinking water, free from any contamination, for many many
years to come.

Sent from my iPad

Begin forwarded message:

From: Gregg Vance Fallick <GVF@FallickLaw.com>

Date: October 13, 2016 at 6:04 :19 AM MDT
To: Bob Gallagher <citY.manager@citY.ofjal.us>
Cc: Bob Gallagher <bobgallagher93@Y.ahoo.com>
Subject: Inspection of Public Records (IPRA Request)

Message:

Dear Mr. Gallagher - I am serving the attached IPRA request letter of this date . Please
acknowledge receipt by reply e-mail. Thank you. - Gregg Fallick

Gregg Vance Fallick

FallickLaw, LTD.
Suite 205
Gold Avenue Lofts
100 Gold Avenue, SW
Albuquerque, New Mexico 87102
(505) 842-6000 (Telephone)
(505) 842-6001 (Facsimile)
GVF@ FallickLaw.com
www. FallickLaw.com
www.TriaiPartnerOnDemand .com

Gallagher
10.13.2 ... st).pdf

Exhibit 2