Former Rio Communities police chief sues city over retaliation claims

A damages lawsuit filed by Rio Communities’ first police chief puts the city’s finances, records practices and police leadership decisions back under scrutiny. Felix Nunez says the city fired him after he raised concerns inside the department and then failed to turn over public records he requested. The case, filed May 15 in the 13th Judicial District Court in Valencia County, names the City of Rio Communities and an unidentified records custodian.

Nunez alleges violations of the New Mexico Whistleblower Protection Act and the Inspection of Public Records Act. In the complaint, he says the city terminated him in retaliation for communications he made to personnel about improper or potentially unlawful activity. He also says the city withheld records even though it possessed responsive documents, a claim that could raise questions for residents about how Rio Communities handles transparency when public safety leadership is in dispute.

The lawsuit comes out of a police department that Rio Communities created by ordinance in 2023. Under that ordinance, the police chief is appointed by the mayor with council approval, reports to the city manager and may be dismissed unless a written employment contract provides otherwise. The city’s job description says the chief manages the department, oversees hiring and discipline, communicates with the mayor, council and city manager, and administers the annual budget, duties that make the position central to both public safety and city spending.

Nunez was appointed in August 2023 and later hired in September 2023, according to local reporting, making him the city’s first police chief. The relationship with City Hall deteriorated in 2025. City records show the council held an executive session on May 5, 2025, to discuss a police chief employment contract. Nunez was then placed on paid administrative leave and terminated in July 2025. City manager Dr. Marty Moore said at the time that the termination followed a complaint against Nunez and an outside investigation by Universal Investigation in Albuquerque. Moore also said the investigation report was not public under IPRA because it was part of a personnel administrative investigation.

The council later met in closed session on July 14, 2025, for police chief contract termination and notice, and again on September 22, 2025, to review resumes for the post. The city’s website now lists the police chief position as open and accepting applications, showing the department is still rebuilding while the lawsuit moves ahead.