By Rodd Cayton
A board looking into the Bernalillo County Treasurer’s Office Tuesday found Linda Stover broke county ethics rules when she accepted a deputy treasurer position the day after her term as county clerk ended.
However, the Code of Conduct Review Board noted the matter is in state district court and clarified that its finding is specifically on the code violation and expects the court process to settle other issues.
Among those issues to be settled is the meaning of a December vote on abolishing the one-year “cooling-off period” required by county ordinance between an elected official leaving office and accepting employment or paid consulting work with the county.
Three of five county commissioners voted in favor of removing the cooling-off period. Attorneys for Stover and the Board of Commissioners argued over whether the change to the code required a simple majority vote or a supermajority (four votes) to take effect.
That was one of several defenses offered by Stover’s team. County treasurer Tim Eichenberg has maintained that he has sole discretion over the selection of his deputies under state law, which supersedes the county ordinance. Eichenberg has filed a lawsuit seeking to have the relevant county ordinance declared invalid.
Attorneys for the Board of Commissioners argued that the New Mexico constitution recognizes Bernalillo County’s plenary authority over matters that affect only Bernalillo County. They said the Home Rule ordinances of the county, such as the code of conduct, will supersede a conflicting state statute.
Board Chair Martha Brown said the finding is contingent upon “issues that we have determined we do not have the authority to reach with regard to state law supremacy.”
The lawsuit is before Judge Joshua Allison, but has not been set for a hearing as of Tuesday.
Stover and County Commission Chair Eric Olivas say they found positives in Tuesday’s outcome.
Olivas told CityDesk ABQ he found the review board’s preliminary finding “well-crafted” — a written decision will come later — and that he expects the county commission to ultimately prevail.
He said the matter is now in the hands of County Manager Cindy Chavez, who will oversee its administrative disposition. Olivas declined to discuss in detail what he’d like to see done next.
“I would like to see our code upheld,” he said. “The ruling … upholds the integrity of Bernalillo County’s Code of Conduct Ordinance. The Code of Conduct is specifically designed to guide our ethical behavior as public servants to maximize the public trust in government and ensure accountability and transparency.
Stover said despite the review board’s decision, she still feels she’s in the right.
“I do not feel I broke the code of conduct, because I work directly for Tim Eichenberg,” she said. “I don’t work for the County Commission.”
She said she wasn’t surprised by the decision Tuesday, but was pleased that board members acknowledged that the matter needs to be addressed in court.
County Spokesperson Tia Bland said the review board’s decision is provisional until it sends its written order to the county manager. That must be done by May 28, 2025 under the code.
Bland had no immediate information on appropriate action options.
