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American Magnesium prospector David Tognoni dies

CLOSE American Magnesium is seeking a minimal impact mining permit to quarry dolomite from foothills near the Mahoney Park area of the Florida Mountains. WochitStory HighlightsMining project targeted dolomite to extract magnesiumPermit application has been in progress since 2017Family confirms reported death, but company reps made no comment MondayLAS CRUCES – The engineer behind a…





American Magnesium is seeking a minimal impact mining permit to quarry dolomite from foothills near the Mahoney Park area of the Florida Mountains.

LAS CRUCES – The engineer behind a proposed project to mine dolomite on federal land near the Florida Mountains in Luna County, and process magnesium at a Deming refinery, reportedly died over the weekend, days shy of his 67th birthday. 

The reports came from several sources who spoke with the Sun-News on Monday.

Since Feb. 2017, David Tognoni had been raising money from local investors and seeking a mining permit from New Mexico’s Mining and Minerals Division.

Because the project was on federal land, the project also requires review by the Bureau of Land Management, which has been seeking additional information about the proposed site and plan of operations since 2017.

Local debate over the project flared that year, with supporters proclaiming a need for industrial and manufacturing jobs in Luna County as other residents resisted, raising questions about groundwater impacts, dust at the quarry site, mountain views and the plausibility of the project. 

Confirmed by brother

Tognoni’s death was initially reported to the Sun-News by Robert Brewka, who had invested $25,000 in American Magnesium with his former spouse, Carol Ness Brewka.

The death was confirmed by Tognoni’s brother, Brian, when the Sun-News reached him in Phoenix. Few details were available, as he said that David Tognoni was estranged from his family. He heard the news on Sunday morning from Carol Brewka, whom he described as Tognoni’s “significant other.”

“She told me that my brother didn’t want to have anything to do with his immediate family,” Brian Tognoni said. “I offered to help and she said she didn’t want our help.” 

David Tognoni was reportedly admitted to Memorial Medical Center in Las Cruces in late February, his brother said, and died sometime during the weekend following a struggle with cancer. 

From 2017: American Magnesium investors rally support

Robert Lufkin of Phoenix, listed as an officer of American Magnesium on SEC filings through 2018 and described as a friend of David Tognoni since childhood, said, “I believe it to be true” when asked about reports of Tognoni’s death but declined further comment and hung up.

Carol Brewka, reached by phone, was not immediately available for comment. 

Chester Anthony, an investor in American Magnesium from Elephant Butte who had reportedly been at Tognoni’s side during his illness, declined to comment. 

Big promises on jobs, industry

David Tognoni, who lived in Elephant Butte, founded the American Magnesium company seeking investor funding and government permits to explore a dolomite deposit close to a wilderness study area in the southern Florida Mountains. 

Robert Brewka told the Sun-News that while negotiating his 2018 divorce settlement with Carol Brewka, she reported American Magnesium had raised $900,000, while the company’s December filing reported $820,000 in shares sold. 

The filing stated that Tognoni, as the company manager, was paid $5,000 per month plus unspecified expenses. 

Initially, Tognoniproposed to move the quarried rock on a conveyor belt stretching from the Florida Mountains across Deming, navigating Interstate 10 and rail tracks, to a proposed refinery on Arrowhead Drive north of town. He later spoke of transporting the rock via trucks, raising concerns in Luna County about area roads, many of which are unpaved.

Tognoni downplayed concerns about environmental impacts and promised thousands of local jobs. “Only 5 percent of what we’re doing is mining,” he said in a 2017 interview with the Deming Headlight. “The rest of it is taking that rock apart, and processing that, molding it, casting it into other products. It’s not a mine. This is a high-tech magnesium complex, and the first in North America.”

More: American Magnesium defends Florida Mountain mining plans to BLM

Tognoni also authored and self-published three books, including a memoir alleging that an ex-wife suffocated his young son, and a political tract in which he called for selling off federal lands and mineral rights to the private sector.

Brian Tognoni said his brother had not been on speaking terms with his siblings or his two adult children for a long time.

“We have no hate for my brother,” Tognoni said, but added, “We’re not talking about a beloved person by any means.”

The future for American Magnesium

For now, American Magnesium, LLC lives on. According to MMD filings, the BLM is still waiting for additional documents pertaining to the company’s permit application.

Yet without Tognoni as the project’s leader and spokesman, it is not immediately clear how the project would proceed.

In addition to the Deming mine, Tognoni and Brewka were partners on a new venture, Diamond Girls Exploration.

From 2017: American Magnesium Pursues Permits

Critics of the American Magnesium project pointed to previous mining ventures in which Tognoni was involved, including his involvement in repeated efforts to explore property in Socorro County for bertrandite to process beryllium metal.

In 2002, Tognoni and Lufkin were fined by the Mining and Minerals Division for mining without a permit yet they proceeded with permit requests after that.

Brewka said he has kissed his investment goodbye. “I believed what he was saying and I gave him the money. That’s long gone,” he said, divesting his interest in the company as part of the divorce settlement. 

Earlier, he said he began to get cold feet about his investment after sharing documents with experts who were not being paid by Tognoni.

“A lot of qualified geologists and oil-and-gas type guys in Denver and Las Cruces that had strong backgrounds said it was a poorly written investment opportunity,” he said. “Then, as they investigated his background, they didn’t want to really deal with anybody like that.”

After their divorce, Carol Brewka continued to be a local advocate for the project, representing the company as a board member of the Deming-Luna County Chamber of Commerce and expressing confidence the permits would be granted.  

Algernon D’Ammassa can be reached at 575-541-5451, or @AlgernonActor on Twitter.

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Las Cruces

Governor Michelle Lujan Grisham asks New Mexico game commissioners for resignations

Susan Montoya Bryan, Associated Press Published 7:00 a.m. MT March 26, 2019 | Updated 8:38 a.m. MT March 26, 2019New Mexico wildlife appreciates Mark Bowen’s metal art “Shaman.” (Photo: Courtesy photo)ALBUQUERQUE — Members of an influential commission that governs hunting, fishing and other wildlife management activities across New Mexico have been asked to resign, Gov. Michelle Lujan Grisham’s…





Susan Montoya Bryan, Associated Press
Published 7:00 a.m. MT March 26, 2019 | Updated 8:38 a.m. MT March 26, 2019

ALBUQUERQUE — Members of an influential commission that governs hunting, fishing and other wildlife management activities across New Mexico have been asked to resign, Gov. Michelle Lujan Grisham’s office said Monday.

The seven-member game commission serves at the pleasure of the governor, and last week she requested they submit their resignations. They have until Wednesday to respond.

Lujan Grisham, a Democrat, took office in January and has been working to install her own appointees on a number of boards and commissions. As for the wildlife board, more than 80 candidates have expressed interest.

A game commission meeting scheduled for this week was postponed indefinitely as the governor’s office has not set a firm timeline for seating a new board. Lujan Grisham spokesman Tripp Stelnicki said the effort would be as expeditious as possible.

The cancellation without an explanation and rumors of the requests for resignations spurred concerns over the weekend among sportsmen groups and others who work closely with the commission and the state game and fish department.

“This is kind of a scary situation for everybody, not having any idea who the new commission is going to be,” said Jesse Deubel, executive director of the New Mexico Wildlife Federation.

Deubel and others had advocated for legislation during the recent session that would have revamped the way the commission was appointed. By splitting appointments between the governor and the legislative branch, supporters argued that some of the politics would be removed from the panel.

WILDLIFE: Nonprofit seeks volunteers to aid injured wildlife

The measure also would have given exclusive authority to the state Supreme Court for removal of a commissioner for incompetence, neglect of duty or malfeasance in office, rather than leaving it up to the governor.

The measure cleared the House but stalled in the Senate.

“Without having just cause for removal, essentially you almost have no need for the commission. They do whatever the governor tells them to do,” Deubel said. “The idea was to provide some insulation between the governor and the game department.”

WOLVES: Record number of Mexican gray wolves found dead in 2018

Aside from setting rules for big game hunts and fishing, the commission’s duties also include hiring a director to lead the state game and fish department, which has an annual budget of about $40 million. It’s not clear whether a new commission would opt for making any management changes within the agency.

Michael Sloane was named as the new director last summer, having worked for the agency for more than two decades. He began his career in 1994 as a wildlife culturist at a hatchery in Pecos and went on to become chief of fisheries.

The new commission will have to address concerns about hunting permits and whether residents are getting their fair share as mandated in state law. The allocation of hunting tags has been an issue that has transcended administrations.

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New Mexico Legislature 2019 recap: What passed and what didn’t?

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Las Cruces

Former official sues Las Cruces school district claiming discrimination, retaliation

Algernon D’Ammassa, Las Cruces Sun-News Published 3:35 p.m. MT March 25, 2019 | Updated 8:04 a.m. MT March 26, 2019Human Rights Bureau had found ‘no probable cause’ in Marrufo discrimination claimStory HighlightsSuperintendent Greg Ewing started on the job Dec. 5, 2016Three former administrators have complained of discrimination and retaliationSchool board president and vice president confirm…





Algernon D’Ammassa, Las Cruces Sun-News
Published 3:35 p.m. MT March 25, 2019 | Updated 8:04 a.m. MT March 26, 2019

Human Rights Bureau had found ‘no probable cause’ in Marrufo discrimination claim

LAS CRUCES — A former associate superintendent in the Las Cruces Public Schools is the latest former district official to accuse Superintendent Greg Ewing of discrimination and retaliation. 

Elizabeth Marrufo, who oversaw the district’s human resources department before Ewing promoted her to chief strategy officer, named Ewing and the school district in a lawsuit, filed March 19 in district court. 

Marrufo claims that shortly after Ewing started on the job at the end of 2016, he became angry and promoted her out of the human resources position after she raised legal concerns about a plan to fire certain employees.

She states she was reassigned and, weeks later, placed on administrative leave until her contract expired in 2017.

Marrufo is seeking back pay and damages under the Whistleblower Protection Act and the New Mexico Human Rights Act for age discrimination. Marrufo was 60 years old at the time and her complaint states she had worked for the district for more than 30 years.

Complaints by former officials

Attorneys for Marrufo acknowledged that in 2018 the Human Rights Bureau issued a determination of “no probable cause” in response to her complaint. 

“It is important to note that a number of cases that start with a letter of non-determination or a finding of no probable case are later successfully prosecuted,” Joleen Youngers, an attorney representing Marrufo, wrote in an emailed response to the Sun-News.

Allegations of discrimination and retaliatory action also figure in a pending lawsuit brought in 2018 by Lillian Duran, a former Head Start educational facilitator whose contract expired and was not renewed in 2017.

Duran claims she was discriminated against for her age, physical handicaps and medical conditions, and retaliated against in violation of the New Mexico Human Rights Act. A pre-trial conference in the case is scheduled for July.

Additionally, Jo Galván, a former communications director for the district, initiated a complaint to the New Mexico Department of Workforce Solutions in 2018 alleging the district placed her on administrative leave after she questioned Ewing over a response to a lawful document request under the Inspection of Public Records Act.

‘Disgruntled employees’

The president and vice president of the Las Cruces Board of Education on Friday both said Ewing enjoys their full confidence.

“I have total confidence in the superintendent,” President Ed Frank wrote in an emailed response to the Sun-News. “Yes, there are some disgruntled former employees. The fact that they are former employees might explain why they are disgruntled.”

Frank’s email did not mention any employees by name.

Las Cruces Board of Education Vice President Terrie Dallman, reached by phone, made clear that she would not speak on behalf of the school board, but in her personal opinion she viewed Ewing as “a breath of fresh air.” 

She declined to comment on pending litigation and did not name any staff members past or present, but said Ewing had encountered resistance from some who had worked under previous administrations. 

“He does not put a Band-Aid over a bad situation, and so a lot of people that are disgruntled were not used to that type of solution and so they are upset,” Dallman said.

In accordance with policy, the school district declined to comment on any pending litigation or on personnel matters. 

Algernon D’Ammassa can be reached at 575-541-5451, or @AlgernonActor on Twitter.


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Las Cruces

La Academia Dolores Huerta charter school wins renewal on appeal

Algernon D’Ammassa, Las Cruces Sun-News Published 6:57 a.m. MT March 26, 2019 Decision reverses vote by Public Education CommissionStory HighlightsRenewal of the school’s charter was voted down in DecemberSchool reports 2-year renewal with conditionsBuy PhotoThe entrance to La Academia Dolores Huerta charter middle school at 400 W. Bell Avenue in Las Cruces on March 25,…





Algernon D’Ammassa, Las Cruces Sun-News
Published 6:57 a.m. MT March 26, 2019

Decision reverses vote by Public Education Commission

LAS CRUCES – New Mexico’s new Secretary of Education, Karen Trujillo, has granted a reprieve to a local charter school after renewal of its charter was voted down by the Public Education Commission.

An announcement dated March 20 posted on the school’s website states: “Dr. Trujillo has reversed the PEC’s decision and has ordered the conditional approval of LADH’s charter for a period of two years with conditions to be determined by the Charter School Division (CSD).”

On Monday, the Public Education Department confirmed that the school’s charter had been renewed, but further details were not immediately available.

The decision reverses a vote by the commission in December not to renew the school’s charter, which expires on June 30. The PED had recommended non-renewal, advising commissioners, “The school has not made substantial progress, demonstrating a downward trend, towards meeting the Department’s standards for excellence and student performance standards.”

In an emotional community meeting in January, members of the school’s governing council announced that the school’s attorney saw no grounds for an appeal, but by the meeting’s end the attorney and the council unanimously agreed to move forward with an appeal to the PED Secretary. 

At that time, it was not clear who would hear it, as newly sworn Gov. Michelle Lujan Grisham had not yet appointed an education secretary. 

Lt. Gov. Howie Morales led PED on a temporary basis until Karen Trujillo, a Las Cruces resident, was named by the governor later in January. Trujillo was confirmed by the New Mexico Senate on March 4.

LADH Head Administrator Melissa Miranda could not be reached for comment Friday or Monday. The school is closed for spring break this week. 

The dual-language charter middle school opened in 2004. In 2018, the school moved from its North Main Street location to the former home of Mesilla Valley Leadership Academy in Mesilla Park.

In addition to core courses, LADH students may also study ballet folklórico, mariachi and conjunto music, art, and additional language studies. The school has approximately 120 students enrolled.

The school is named for civil rights activist Dolores Huerta, a New Mexico native who, in 1962 cofounded with César Chávez the National Farm Workers Association, an organization that later evolved into the United Farm Workers of America

Algernon D’Ammassa can be reached at 575-541-5451, or @AlgernonActor on Twitter.

More: Education legislation — what passed and what didn’t in New Mexico?

More: Q&A with Karen Trujillo, New Mexico education secretary

More: Alma d’Arte board member resigns amid flap over principal evaluations

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