By Rodd Cayton, City Desk ABQ
Bernalillo County Commissioners Tuesday voted to send the matter of whether a county employee broke a code of conduct to an ethics board.
The 4-1 vote means a complaint against deputy county treasurer Linda Stover goes forward to the Bernalillo County Code of Conduct Review Board. The complaint alleges that Stover violated a county ordinance that bars former elected officials from accepting employment or consulting work with the county for at least a year after leaving office.
Stover’s term as county clerk ended Dec. 31 and she was sworn in as deputy treasurer the next day.
Tim Eichenberg, elected treasurer in November, said he hired Stover based on her experience with the county and her expertise in managing a department that swelled to 1,000 employees during elections. He argued state law gives him the right to choose his deputy regardless of any restriction from commissioners.
Commissioner Walt Benson cast the “no” vote Tuesday, saying the motion at hand stood in opposition to state law.
Eichenberg’s action led commissioners to explore their options, which was done in multiple closed meetings that drew the attention of the the New Mexico Foundation for Open Government, which filed a complaint with the New Mexico Department of Justice regarding possible violations of the state Open Meetings Act.
Tuesday, Board Chair Eric Olivas read the following statement into the record:
“The Bernalillo County Code of Conduct ordinance declares, in its purpose that, ‘The proper operation of democratic government requires that candidates, elected officials, employees and volunteers of local governments be independent, impartial and responsible to the people, and that the public have confidence in the integrity of its government. The purpose of this division is to establish standards of conduct for all candidates for elected office and public servants by setting forth those acts or actions which are incompatible with the best interests of the county.’”
After the meeting, Commissioner Barbara Baca said she feels both Eichenberg and Stover violated the code of conduct.
“I think they’re both culpable,” she said. “I think they both ignored and disregarded our code.”
She and Olivas have previously said their objection wasn’t to Eichenberg and Stover in particular, but they felt it best to avoid the appearance of or potential for impropriety.
The five-member Code of Conduct Review Board is appointed by commissioners and meets quarterly or on an as-needed basis. No date has been set for hearing the complaint against Stover.