A Bernalillo County ethics board’s dismissal of a deputy treasurer’s complaint against County Commission Chair Eric Olivas came as a surprise to neither party.
Olivas told CityDesk ABQ the outcome was what he’d expected. He said the board’s argument is that there were no grounds for the complaint, which alleged he violated provisions in the county’s code of conduct prohibiting commissioners from “making, participating in making or in any way attempting to use” their positions to influence hiring decisions.
Other allegations are that Olivas made multiple statements vilifying Linda Stover, who started as deputy treasurer Jan. 1, the day after her term as county clerk ended.
Olivas said he expected the dismissal based on commission attorney Matthew Beck’s arguments and the plain facts in the case, as acknowledged by all parties.
The board voted unanimously to dismiss the case after meeting in closed session, but its rationale will be explained in a written order due by Aug. 7.
Stover said the Code of Conduct Review Board is employed by the Board of Commissioners and that she didn’t expect to prevail before the body.
“To say it was a kangaroo court would be an insult to a kangaroo,” she said.
The review board in May found that Stover violated the code of conduct by accepting treasurer Tim Eichenberg’s offer of employment despite a one-year “cooling-off period” enshrined in the code for former elected officials before they can accept employment or paid consulting work with the county.
Eichenberg’s position has been that state law gives certain elected officials exclusive domain over the hiring of their deputies, and that authority supersedes a county ordinance.
A hearing in Eichenberg’s lawsuit seeking clarity on the matter is scheduled for July 8.
Olivas said the case is important because it will address not only the matter at hand, but also the extent of the county’s home-rule powers.
Stover said she believes District Court Judge Joshua Allison will ultimately side with Eichenberg, citing a presumption that state law takes precedence over a local ordinance.
She said earlier she filed her ethics complaint against Olivas as a matter of defending her reputation. She repeated that statement after the dismissal.
“I did not expect a positive outcome,” Stover said. “I did want to get my grievances on the record. That man has total freedom to go around town speaking badly about me.”