Locked out: Liability concerns put Eddy County Sheriff’s Posse Arena at odds with county [Carlsbad Current-Argus, N.M.]

Jan. 24--The Eddy County Sheriff's Posse says it was briefly locked out of its facilities by the county last week after it missed the deadline to show the county it had purchased liability insurance coverage.

Although the buildings and arena, located on the Hobbs Highway (U.S. Highway 620-180), are owned by the Posse, the land is owned by the county. County officials said when they had official confirmation that the nonprofit organization had purchased the mandated insurance, the gate was immediately unlocked.

The Posse and the county are also coming to the table to discuss the organization's 99-years at $1 per year lease that was entered into between the Posse and the sitting commission in 1968.

In addition, the county and the Posse are at odds over the legality of serving alcohol on county premises.

Addressing the insurance issue, Posse President Lynn Ballard said he and board member Robert Detweiler showed due diligence in obtaining the requested liability insurance and worked with County Manager Allen Sartin and Craig Stephens, owner of Montgomery Insurance, to craft an insurance plan that satisfied the county's requirements.

Ballard said a copy of the insurance documents was supposed to be submitted to Sartin on Jan. 11. However, Stephens had a death in his family and the copy was not submitted by the deadline set by the commission.

On Jan. 14, the county put up a new gate at the entrance to the Sheriff's Posse grounds and locked it the following day, Posse leaders said. Eddy County Commission Chairman Jack Volpato said the Posse was approached by the county in June of 2012 and told to purchase liability insurance. He said a few months prior, there was a fatal accident at the arena and the county's self-insured pool program through the New Mexico Association of Counties settled with the victim's family after the county learned that the Posse did not carry liability insurance.

After the settlement, the insurance

July s rodeo brought in dozens of competitors and hundreds of spectators to the Eddy County Sheriff s Posse Arena. The Posse is a sponsor of youth rodeo activities throughout the year. (Current-Argus file photos)

pool told the county it would continue to insure the facilities, but it would not provide liability coverage there. Ballard said since the 1940s, when the Posse was chartered, the organization operated under the Equine Act, meaning that horse owners using the arena and rodeo participants are not required to be covered under liability insurance. He said the state recognizes that the rodeo and other horse activities are dangerous and participants in the sport know if they are injured they cannot sue.

In the accidental death at the arena, the victim allegedly was killed after hitting his head on an item that had broken loose and had not been removed. "The Equine Act doesn't cover slips, trips or falls on the bleachers and in the stands, alcohol-related accidents and motor vehicle accidents," Volpato said. "We were fortunate that our insurance pool covered us and the Posse that time."

Ballard said he understands times have changed and the Posse, although it took a long time, complied with the county's request and purchased the liability insurance.

Ballard said the Posse is now wrangling with the county over the 99-year lease. The county, he said, wants do away with that lease and craft a new one that would be renewable every four years.

Carlsbad attorney Lane Martin, representing the Posse, said in his opinion, the 99-year lease is a valid lease that was recorded in the Eddy County Clerk's Office. He said he believes it would be upheld in a court of

July s rodeo brought in dozens of competitors and hundreds of spectators to the Eddy County Sheriff s Posse Arena. The Posse is a sponsor of youth rodeo activities throughout the year. (Current-Argus file photo)

law.

Volpato said although the county has suggested changing the lease agreement, the proposal is not set in stone.

He said the use of alcohol by those who rent the facilities at the arena for weddings and other events has also become a concern for the county. He said the county does not allow alcohol on county property, but exceptions are made under certain conditions.

"There are options we could look at such as maybe adding an addendum to the current lease concerning the use of alcohol," Volpato said. "Personally, I don't have a problem with what the Posse has built out there. They have built what is out there with their blood, sweat and tears."

He said for years, the county and the Posse have worked well

July s rodeo brought in dozens of competitors and hundreds of spectators to the Eddy County Sheriff s Posse Arena. The Posse is a sponsor of youth rodeo activities throughout the year. (Current-Argus file photo)

together and the county has secured legislative money on numerous occasions for improvements at the arena, with the Posse doing most of the work.

"But we need some change," Volpato said. "We don't want any further liability to the taxpayers. We can't have people drinking on county property without the proper permits. I think we can continue to work collaboratively together. Yes, things have changed from 1968 to today. Back then, there was no anti-donation law and leases like the one the Posse has were not unusual. Liability is a big issue today."

Volpato said generally, when there is a function on county property where alcohol is going to be served, the sponsors or promoters come before the commission for approval. In those cases, the alcohol is served by a licensed vendor who has servers.

He said the Posse is a sponsor of youth rodeo and other youth activities, and it has played a vital role in the community and he hopes that will continue. Kirstin Carlson, a horse trainer and barrel race competitor, said the disagreement between the county and the Posse has placed people like herself and local youth competing and training at the arena in the crossfire between the county and the Posse.

"A lot of kids and adults don't have a place to practice and they go to the arena and use it free of charge," she said. "It's real disappointing to me that the county has a problem with the Sheriff's Posse, or that it does not move fast enough. I couldn't believe they locked the gates."

Ballard said that the Posse is made up of volunteers who have day jobs and who do the best they can for the community.

"By no means are we trying to dispute their (county officials') safety concerns," said Posse Board Member Robert Detweiler, who served on the Governor's Rodeo Council for five years. "We want to work it all out and make it safe. Our facility is one of the best in the state and the region. We don't make a profit. Everything that we make goes back into putting on events and supporting our youth."

Martin added that although there has been some recent disagreement, he believes the relationship between the county and the Posse is still a good one and the issues can be resolved.

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