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Ms. Peron & Ms.

Audette: As I have written you before, the Supreme Court has held that it is not looking b ack on past exchanges other than the one decided in State of New Mexico ex rel. G ary K. King v. Patrick H. Lyons. The matters that have been addressed by the Powell Administration since January 1, 2011, regarding the State Land Office (SLO) exchange with Hot Springs Develop ment, LLC (consummated April 16, 2008) are in two categories. (1). First, for t he most part they are addressing your inquires or inquiries from others such as the Attorney Generals office at your request. (2) Second, it was discovered tha t when Commissioner Lyons exchanged the subject property with Hot Springs Develo pment, LLC (Hot Springs) he failed to notify the city of Truth or Consequences ( T or C) that the exchange included land that was then under lease to T or C for a small portion of its airport. I believe this was very unfortunate and in this administrations opinion not a prudent thing to do. However, because the exchange was done subject to the lease, T or C did not lose its leasehold interest but had become Hot Springs lessee as opposed to the SLOs lessee. When this failure to noti fy T or C was discovered, we determined it was best to let T or C know. That is what Mr. Jackson did. Your above e-mail makes the very serious allegation of public corruption (which is a criminal matter) by a classified/merit protected public employee, Jim Jacks on. Please know that such allegations are taken very seriously by this administr ation. We have extensively reviewed all the files regarding this matter on recor d at the State Land Office. While as stated in my earlier e-mail to you, this is an exchange & exchange process that this administration would have never done & will not replicate in the future, we have not, to date, found evidence of crimi nal activity. However if you have actual evidence (not innuendo, inference, or o pinion) of criminal activity by Mr. Jackson or any other SLO employee, past or p resent, we would request that you provide it to us immediately. If there is not such actual evidence, I am sure you are aware that as a classified/merit protect ed employee & a citizen, Mr. Jackson has protections & certain rights. We all mu st respect those rights and protections as well as your concerns. Based upon the seriousness of your allegations, I believe I should share them with Mr. Jackson . To emphasize, the Powell Administration will not tolerate corruption. Therefore , if there is evidence of criminal behavior we request that you provide it to us and strongly suggest that you take it to any and all appropriate law enforcemen t agencies. You have suggested that you are going to the US Attorney this week and we welcome any inquiries from that office or any others. As stated in the ea rlier e-mail, we will enthusiastically cooperate fully and completely with any a nd all appropriate law enforcement & investigatory agencies on this or any other issue involving the State Land Office and the public trust.

Sincerely,

Harry Relkin

Harry Relkin, General Counsel, NMSLO

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