Despite Bernalillo County Commissioners approving a policy to keep elected officials off the county payroll for a year after they left office, former County Clerk Linda Stover was sworn in this week as deputy to newly elected county Treasurer Tim Eichenberg. Now two county commissioners are calling for a special meeting to determine whether Eichenberg broke the rules.
The commission in December voted to keep in place a one-year “cooling-off period” required for former elected officials before they can accept employment or consulting work with the county.
Commission Chair Barbara Baca told City Desk ABQ on Thursday that she has requested a special meeting regarding the apparent conflict between board policy and Eichenberg’s action. Baca said she requested to schedule the meeting – which would be a closed session, as it relates to personnel issues or potential litigation – because she believes Eichenberg’s action constitutes a Code of Conduct violation.
Read Eichenberg’s response: County treasurer says “cooling off” policy for former elected officials does not apply to his office
Commission Vice Chair Eric Olivas said he “seconded” Baca’s request. The pair cast the “no” votes that defeated the proposal (as a change to the Code of Conduct, it needed four “yes” votes to pass).
“The commission was pretty clear,” Olivas said. “Both the treasurer and the former clerk have apparently decided the rules don’t apply to them.”
He said staff are now at work setting up the meeting. Olivas said earlier he opposed the policy change because it could create the appearance of impropriety and the potential for the exchange of favors.
“It’s not about Linda Stover,” Olivas said. ”I think Tim Eichenberg is great. There are no names attached to this. My thinking is, are there other rules we’re gonna ignore?”
An August opinion from New Mexico Attorney General Raúl Torrez might support Eichenberg’s right to hire his own subordinates, but doesn’t directly address whether a cooling off period could be implemented. Torrez wrote in his opinion, regarding a case in McKinley County, that county treasurers and other elected county officers have exclusive statutory authority to hire and supervise deputies and other employees of their offices.
Eichenberg, during the swearing in ceremony, said Stover brings expertise that will help him with some of his priorities for his term, namely improving financial literacy and implementing the Achieving a Better Life Experience Act at the local level. That act created tax-free savings accounts for individuals with disabilities, to pay for qualified disability-related expenses.
Stover said she was “absolutely delighted” when the opportunity arose, as her entire career has been focused on public service.
Eichenberg promised those assembled in the Ken Sanchez Commission Chambers that he will keep an eye on the county’s assets.
“It is my pledge to all of you that I will work hard to protect your money,” he said. “I know that the staff of Bernalillo County and all the elected officials up here will do a good job working for you.”
He said his priorities also include making sure property owners receive prompt refunds when they are awarded valuation reductions.
Eichenberg did not respond to a request for further comment on hiring Stover.
Eichenberg was among more than a dozen new and returning elected and appointed officials and judges sworn in at the county’s administrative headquarters.
The new officials also include District 2 County Commissioner Frank Baca and county Clerk Michelle Kavanaugh. County commissioners Walt Benson and Adriann Barboa were each sworn in for a second term.
I appreciate City Desk ABQ’s reporting on local government. It is very important to keep elected officials from straying to deeply into unethical waters. It is sad that political hires are still happening. Ms. Stovers’ lack of municipal financial knowledge and expertise would keep her from getting this very well paying position if the selection had been merit based. Sad to see.