Civil rights breach claimed
Irvin Harrison files complaint against city

By Zsombor Peter
Staff Writer

Former McKinley County manager Irvin Harrison is seen during a county commisioner's meeting held in 1999. [Independent File Photo]

GALLUP — The City Council may have elected Gerry Herrera Gallup's new city manager Friday. But that doesn't settle the matter for everyone.

Irvin Harrison, a former city employee who applied for the job, filed a complaint on Monday with the New Mexico Human Rights Division for being turned down for the job.

The last time Harrison complained about being rejected for a city job, the city ended up paying out $300,000. Harrison said he was among the American Indians who took their claims of racially based employment discrimination against City Hall to the U.S. Department of Justice in 2004. Admitting no fault but deciding its lacked the records to fight the charges, the last administration chose to settle. Harrison was among the claimants compensation out of the $300,000.

This time around, Harrison believes the council never gave any of the dozen applicants for city manager except Herrera a fair chance.

"He was preselected," Harrison said of Herrera. "That was pretty clear."

Mayor Harry Mendoza made his preference for Herrera, a personal friend and campaign supporter, clear weeks before Friday's vote, and only weeks after forcing the last city manager out. He did not even want to consider any one else for the job until the city attorney told the council it had to. As part of its settlement with the Justice Department, the settlement Harrison helped bring about, it had to advertise all vacancies.

Also as part of the settlement, the city had to offer Harrison the economic development director's job he was originally turned down for when it freed up in April. He turned it down himself amid rumors that Mendoza planned to eliminate the position.

Harrison said he believes the city is now retaliating against him for helping to get it sued by the Justice Department.

If nothing else, Harrison said, the city should have at least granted him an interview. Of the 12 people who applied, eight including Harrison met the job's minimum qualifications. Mendoza and Councilman Allen Landavazo interviewed three not including Harrison.

Harrison noted his many years of public service, including four as a state representative and 20 with McKinley County, the last eight as county manager. The County Commission chose not to renew his contract in 2002, although the new county manager, Tom Trujillo, said he had no record of a reason. Harrison said he was never given one.

Herrera has never held public office. He's owned and operated local computer service company CNET with wife Patty Herrera for the past 12 years. The Herreras bought Mendoza radio endorsements during this year's race for mayor and urged the council not the hold a state-mandated runoff when he narrowly failed to win enough votes to take the election in the general.

Harrison said he found it suspicious that the job's minimum qualifications included "an emphasis in private business management." The city included no such emphasis when it advertised for the job last time.

Mendoza could not be reached for comment.