The executive director of the State Ethics Commission found that City Councilor Dan Lewis “likely violated” the Governmental Conduct Act when he applied to work for an association of paving companies whose members were impacted by air quality legislation he sponsored and voted on in his role as an elected official.
Under a pre-litigation settlement agreement with the commission, Lewis — the council president — will recuse himself in all matters relating to the Albuquerque-Bernalillo County Joint Air Quality Control Board and the Asphalt Pavement Association of New Mexico (APANM) while he serves on the council and is employed by the association.
In a statement to City Desk ABQ, Lewis said a press release by the commission was misleading and failed “to admit that the actual agreement does not impose any penalty and makes no adverse ruling or finding.” He asked that City Desk ABQ publish his entire statement, which is included below.
The Governmental Conduct Act prohibits public officials from “acquiring a new financial interest while in office if there is reason to believe the financial interest will be directly impacted by the public official’s governmental acts.” The act also requires public officials to recuse themselves from voting or other official acts that will affect their financial interest.
The dust-up began in late 2022 when the Mountain View Neighborhood Association and other community groups based in an industrial area in the southern part of the city filed a petition seeking “stringent air-quality regulations to address health, environment and equity impacts of air pollution for overburdened communities in Bernalillo County,” according to the factual background laid out in a letter from Jeremy Farris, the executive director of the State Ethics Commission, to Lewis.
Then, in February 2023, APANM — along with other asphalt and construction groups — entered their appearance and became parties to a rulemaking hearing on the petition.
In October, Lewis introduced a resolution to establish a moratorium on the air quality control board — restricting the regulations they can make — and an ordinance abolishing the board and reconstituting it, according to the letter. Those both passed, although Mayor Tim Keller vetoed them.
In late November, according to the letter, Lewis met with APANM about applying to be the executive director and sent them his resume. Five days he later moved to override Keller’s veto. That motion passed.
Lewis started his new job with APANM on Jan. 1.
Farris concluded that Lewis’ conduct likely violated the Governmental Conduct Act.
“Accordingly, while you were negotiating the terms of your prospective employment with APANM board members, you took an official act that was in the interest of APANM board members and, again, reasonably and foreseeably would have predisposed the APANM board members with hiring authority toward you,” he states in the letter.
Farris initially offered Lewis a proposed settlement agreement that included a $250 payment and in exchange the commission would not file a civil action seeking civil penalties and would agree that the violations “were not knowing and willful, avoiding any potential criminal referral.”
In a response letter, Lewis offered a counter proposal to recuse himself from the related matters. He said he takes his public service seriously and in no way would jeopardize his reputation in service of personal benefit.
“While I did meet with the board of APANM to discuss the position of executive director, I did not know that individual members of the board were participating in the rulemaking hearings,” Lewis said in the letter. “Furthermore, I had no idea that discussing a potential job could constitute ‘acquiring a financial interest’ pursuant [to the Governmental Conduct Act]. While I understand that ignorance of the law is generally no defense, I did not take an official action in furtherance of affecting or acquiring any personal financial interest.”
Meanwhile, the Air Quality Control Board filed a lawsuit saying that the legislation introduced by Lewis left it unable to act. In late January, a judge agreed and approved an injunction so that the board can meet while the lawsuit is pending.
CTRL+P publisher Pat Davis, a former city councilor, participated in deliberations and votes regarding the AQCB during his term on the council.
Statement from Dan Lewis:
On April 3, 2024, I received a letter from the director of New Mexico’s State Ethics Commission asking me to provide information in response to anonymous allegations that I violated the Governmental Conduct Act by accepting a position as the Executive Director of the Asphalt Pavement Association of New Mexico. These anonymous allegations were unsubstantiated after a thorough investigation. I accepted this position after any official actions of the City Council. The Commission made no adverse finding that I violated any rules and assessed no penalty.
I fully cooperated with the Commission and the agreement reflects my commitment to continue adhering to all ethical requirements that apply to my position as a City Councilor, as I have always done.
My actions as a City Councilor relating to the Albuquerque / Bernalillo County Air Quality Control Board were entirely because I believe they were the appropriate actions to protect my constituents and the people of Albuquerque from what I believe was a renegade Board that was attempting to harm our community. I took no action at the behest of the Asphalt Pavement Association of New Mexico. I was not offered any position or financial incentive because of my role as a City Councilor. The bills that I sponsored relating to the Air Quality Board were supported by a super majority of the Albuquerque City Council, including an override of Tim Keller’s ill-conceived veto.
The Air Quality Board is an ongoing body of the City with Council appointments and oversight, and I have acted for years in my capacity as a city councilor on matters related to policies set by the Board and the Council and implemented by the City Environmental Health Department, including approving a budget every year. I serve as a City Councilor to help my community and am offended by these shameful allegations.
The NMSEC wrote a misleading press release that simply restates the whereas assumptions of alleged violations, and fails to clearly admit that the actual agreement reflects my complete cooperation and imposes no penalty.
While I respect the State Ethics Commission and its work, I am concerned that anonymous complaints can be used as political weapons against elected officials who serve in a non-partisan municipal office. The Attorney General and State Legislature should review the NMSEC’s process for considering frivolous anonymous complaints.
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