14-05-2025
Court battle looms after ethics board rules Bernalillo County treasurer broke conduct code with hire
May 13—Bernalillo County Treasurer Tim Eichenberg violated the code of conduct when he hired former County Clerk Linda Stover the day after her term ended, according to a Tuesday ruling from a county ethics board.
However, the Bernalillo County Code of Conduct Review Board left the door open to Eichenberg's argument, contending that he is bound to state law — not county ordinance — when choosing who he hires as deputy county treasurer. The review board said they could not rule on that argument because they lacked the jurisdiction to do so.
"The ruling in today's Code of Conduct hearing upholds the integrity of Bernalillo County's Code of Conduct Ordinance," County Commission Chair Eric Olivas said in a statement. "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. Elected officials must wait one year after their term ends to enter into a contract or paid position with the county."
The County's Code of Conduct, which is meant to limit the possibility of corruption and promote fairness, calls for a "cooling off" period that prohibits elected officials from holding positions in the government for up to a year after their term. But Eichenberg ignored that rule when he hired Stover on Jan. 1, 2025.
Stover was elected clerk in 2016 and served the maximum two terms allowed. She left the office on Dec. 31, 2024, and was hired by Eichenberg the next day with an annual salary of $128,265, according to the county's transparency page.
The county manager's office declined an opportunity to comment on the matter.
The ruling sends the issue to the county manager's office to review the hiring decision, even as a separate process plays out in district court.
Eichenberg told the Journal that he was disappointed that the review board could not consider state law or some of Stover's arguments.
"I'm grateful to the board that they recognize that the district court will need to fix this," Eichenberg said.
Eichenberg has challenged the county ordinance's authority in 2nd Judicial District Court on two fronts after the County Commission sent the matter to the conduct review board earlier this year.
First, he argued that a 3-2 vote in December 2024 to repeal a portion of the code of conduct ordinance should have nullified the ordinance. The reason the "cooling off" period is still on the books is because the County Commission contends that the measure needed a vote of at least 4-1 to repeal.
Eichenberg's second argument is that state law supersedes county law. Eichenberg pointed out in his lawsuit that the state constitution permits all elected county officials to hire deputies.
Further, he argues that other court rulings have found that county laws, particularly those around merit systems, cannot infringe on this permission. That's a point that the New Mexico Department of Justice agrees with, according to a 2024 opinion issued by Attorney General Raúl Torrez.
Eichenberg has asked a district judge to weigh the matter and decide who's right. A hearing in that case has not yet been scheduled. Eichenberg confirmed to the Journal that Stover has remained a part of his team despite the ongoing dispute.
The Conduct Review Board's decision is not final until they send a written order to the county manager. A county spokesperson said that should happen by May 28.
