GRANTS, N.M. – Former Grants City Councilor Dolores Vallejos’ lawsuit against the City of Grants is now in federal court, months after she was removed from the council over a City Charter provision restricting elected city officials from simultaneously holding other elected public office.
The City of Grants, not Vallejos, moved the lawsuit into federal court. Vallejos originally sued the City in Thirteenth Judicial District Court on July 16. On Sept. 2, attorneys for the City of Grants filed a notice transferring the case to the U.S. District Court for the District of New Mexico.
The Grants City Council is now scheduled to receive a closed-door briefing on the litigation during its regular meeting Wednesday, Oct. 14.
For residents who have not followed the dispute from the beginning, the case is the latest development in a complicated series of questions involving Vallejos, the Grants Home Rule Charter and the procedures used to determine whether an elected city official may continue serving.
Vallejos remains serving as the elected Cibola County Assessor as of publication date, October 14.
In March of 2026, Vallejos was also elected to the Grants City Council and took office, and was even sworn-in, while still serving as assessor. That raised a separate question under Section 8.02 of the Grants Home Rule Charter, which states: “Except as authorized by state law, no elected officer of the City shall hold any other elected public office during the term for which the official was elected.”
The Grants City Charter therefore generally prohibits a Grants elected official from simultaneously holding another elected public office unless state law authorizes the arrangement. The issue of holding dual elected offices is a long-time political issue in the city.
Vallejos was subsequently removed from her position on the Grants City Council over the dualoffice issue. The City of Grants Council found that Vallejos was unqualified to continue serving the city as councilor under the City of Grants Charter. City councilors asked Vallejos if she would resign as Cibola County Assessor to hold the council seat, Vallejos told councilors she would review that option at the end of her term as assessor. As of publication date on October 14 Vallejos continues to serve as Cibola County Assessor.
Now, Vallejos is challenging the process surrounding that action.
What Vallejos is Alleging
Vallejos filed her lawsuit against the City of Grants in state district court on July 16.
The state court docket describes her filing as a “Verified Complaint for Violation of New Mexico Statutory Removal Procedures, Deprivation of New Mexico Due Process Protections, Deprivation of Federal Constitutional Rights, [and] Deprivation of New Mexico State Constitutional Rights.”
The lawsuit also raises a different question than if Vallejos was qualified under the City Charter. This lawsuit asks in part whether the City of Grants followed the legally required process when it acted to find an elected councilor unqualified.
The Grants Charter contains provisions addressing both an elected official’s qualifications and how questions about those qualifications are handled.
Section 2.05 of the Grants City Charter states that a mayor or councilor is deemed to have automatically resigned if the official “lacks, loses or otherwise fails to possess” the qualifications required by the Charter, state law or the New Mexico Constitution during the official’s term.
Section 2.07 of the Grants City Charter, however, also says the governing body is the judge of the qualifications of its members and the grounds for forfeiture of office, subject to provisions of state law. The Charter gives the governing body authority to subpoena witnesses, administer oaths and require evidence. It also says that, except for certain proceedings brought under state law, a governing-body member charged with conduct constituting grounds for forfeiture is entitled to a public hearing upon demand, with advance notice published in a newspaper of general circulation.
Exactly how those provisions apply to Vallejos’ claims – and whether the City followed the procedures required by law – are among the issues that cannot yet be fully evaluated from the publicly available docket information alone.
The Cibola Citizen is working to obtain the complete federal court record but was not able to access the federal record before press deadline.
Why is the Case in Federal Court?
Vallejos did not initially file her lawsuit in federal court.
She filed it in state district court in Grants.
The City of Grants later filed what is called a “notice of removal” on Sept. 2.
Despite the terminology, “removal” in this context has nothing to do with removing Vallejos from elected office. It is the legal term for moving an existing lawsuit from a state court into the federal court system.
The federal docket shows the notice was filed by the City of Grants, which is the defendant in Vallejos’ lawsuit.
The case is now identified as Dolores Vallejos v. City of Grants, No. 1:26-cv-02891, in the U.S. District Court for the District of New Mexico.
The federal docket classifies the case as “Civil Rights: Other” and lists 42 U.S.C. § 1983 as the cause of action. Vallejos has requested a jury trial.
Section 1983 is a federal law that provides a way for people to bring claims alleging that a state or local government actor violated rights protected by federal law or the U.S. Constitution. Vallejos’ original complaint expressly includes allegations that her federal constitutional rights were violated.
Dispute Began Before Vallejos Took Office
The current lawsuit follows earlier controversy surrounding Vallejos’ election to the council.
Questions were first raised over whether Vallejos met the Charter’s residency requirement for the district she was elected to represent.
The Charter requires a City Council candidate to reside within the district beginning when the declaration of candidacy is filed and requires councilors to continue living in their districts throughout their terms.
The City Council ultimately did not remove Vallejos over the residency dispute, and she took office.
A separate issue then remained: Vallejos was already serving as the elected Cibola County Assessor.
That brought Section 8.02 – the Charter’s prohibition on holding another elected public office – to the center of the dispute.
The current lawsuit concerns another question still: whether the City of Grants lawfully handled the process that resulted in her removal from the council.
Grants Council to Discuss Case Oct. 14
The Grants City Council will discuss Vallejos v. City of Grants during an executive session at its regular meeting Wednesday.
The agenda cites the New Mexico Open Meetings Act exception allowing a governing body to privately discuss pending or threatened litigation.
The agenda separately contains “Discussion of Charter Compliance.”
The Grants Charter requires every regular Grants City Council agenda to provide an opportunity for public comment and discussion concerning Charter compliance. It also places responsibility for implementing and monitoring compliance with the Charter on elected officials including the municipal judge, the city manager, and city attorney.
The Oct. 14 meeting begins at 4 p.m.
The Citizen will continue reporting on the case details as they become available.
Former councilor challenges process surrounding removal; City Council to receive litigation briefing Wednesday