What would you do if your boss set off a Taser beside your head or demanded you provide her with prescription drugs? In a normal workplace you’d tell human resources and the boss would (hopefully) be fired. But the office of an elected official isn’t any regular workplace. So when elected leaders misbehave, it is up to the State Ethics Commission to act.
Otero was officially removed from office by the Torrance County Commission at the end of 2022 after she had failed to report to work for more than 30 days but her legal sagas didn’t end there.
Otero’s conduct had been called into question much earlier after staff and community members raised questions about irregularities in the preparations for primary and general elections, including allegations that she had “’[attempted] to pre-certify ballot tabulators so she could go on vacation to Las Vegas, Nevada.”
Despite irregularities, election staff with the county and secretary of state confirmed that no election systems were compromised and the elections were certified by the county commission and state elections board.
As previously reported by The Independent, a county investigation report painted a picture of casual talk about drug use, allowing password access to a county laptop to the Clerk’s brother, a possible affair with a delivery driver and setting off a Taser near the ear of the person who made the complaint.
But there was little county leaders could do to discipline the independently elected clerk. That’s when the State Ethics Board stepped in. The Commission, which has jurisdiction over the conduct of public and elected officials, filed complaints in District Court against Otero in February. Otero, meanwhile, challenged her dismissal in court. The State Supreme Court later dismissed her challenge.
Even though Otero was out of office, her conduct while in office remained under investigation until this past week.
In a settlement agreement with the Commission, Otero admitted to allegations relating to the discharge of a Taser near the head of an employee, that she had solicited prescription drugs from an employee, that she falsely certified that she had inspected voting machines, and that she had allowed a family member to use county computer equipment for personal use. The remaining allegations were dismissed by the board in court. Otero will pay a $1000 fine.
In a statement announcing the settlement, the State Ethics Commission says it enforces the Government Conduct Act against public officials “to help restore the public’s trust in its government and deter other public officers from misusing the powers and resources of public office.”