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Monday, November 22, 2010
County Ethics Reports Dismissed
By Dan McKay
Copyright © 2010 Albuquerque Journal
Journal Staff Writer
Independent investigators have dismissed about two dozen reports of ethical violations in Bernalillo County government, according to documents released this week.
The alleged violations range from the serious — improper influence over hiring decisions — to the downright nutty, including a report of barking dogs in the South Valley.
None, however, has prompted investigators to file a formal ethics complaint, either because the allegations couldn't be substantiated or because they didn't fall within the scope of the ethics ordinance.
The 49 pages of documents released by the county provide the first public glimpse at how the new ethics ordinance is working. The ethics rules, which went into effect in February, prohibit county commissioners from involvement in most hiring decisions, cover conflicts of interest and restrict the acceptance of gifts, among other things.
The potential violations reported to the county this year cover several high-profile controversies covered by the Journal, including the county's job offer to former County Commissioner Al Valdez and nepotism in the public safety division. The reports generally come from anonymous tipsters.
Here's a closer look:
• Several reports accused county commissioners of involvement in the decision to hire Valdez.
The Journal reported in April that Valdez had been offered a job as a special projects coordinator in the Housing Department, despite a hiring freeze. The county subsequently revoked the job offer.
The independent investigator said there wasn't enough evidence to support filing a formal complaint.
An interview panel had determined Valdez was the most qualified candidate after conducting interviews, the investigator said, and the group made that decision without any influence from commissioners. Valdez "clearly met" the minimum job qualifications, the investigator said.
"At most, Commissioner (Art) De La Cruz asked (County Manager) Thaddeus Lucero if Mr. Valdez could get an interview, a level playing field and a chance to compete for the position," the investigator said.
"The decision to subsequently rescind the job offer to Mr. Valdez was entirely Mr. Lucero's decision, and was based on his belief that the hiring had become too political ... particularly in the media, and the focus needed to be on the work the Housing Department needed to get done. Mr. Lucero may have asked for the Commissioner's input, but there is no evidence that any Commissioner attempted to use his or her position to influence the decision."
• Former Deputy County Manager John Dantis was accused of nepotism because his son, Jamie, worked in the county's detoxification center. The investigator ruled the issue was moot because neither Dantis works at the county anymore. Jaime Dantis resigned under threat of termination. John Dantis retired earlier this year, saying his decision had nothing to do with the nepotism controversy.
• An employee alleges the county fired him after he turned in audits showing financial wrongdoing in the jail system. The investigator ruled the case was outside the scope of the ethics ordinance because the actions that allegedly led to termination predate the start of the ethics ordinance.
• One man reported that the dogs "behind me have been barking Every Single Morning for absolutely NO Valuable reason for over Three Years." The investigator said the ethics ordinance doesn't address disputes between neighbors.
• A county administrator was accused of helping a firefighter get a promotion in the fire department. The investigator said the ethics ordinance's prohibition on hiring decisions applies to county commissioners, not administrators.
• A parks employee was accused of swearing, failing to work a full eight hours a day, drinking on the job and other misconduct. Investigators said that the allegations either weren't covered by the ethics ordinance or couldn't be substantiated.
Under the ethics ordinance, tipsters can anonymously report alleged violations through the county website at www.bernco.gov. An attorney or others hired by the county's auditing contractor, REDW, then investigate the reports and determine whether to file a formal complaint with the Ethics Board.
Residents also have the option of filing a sworn complaint with the Ethics Board on their own, but they can't remain anonymous.
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