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Journal North: Home | Sports | Opinion | Obits | Entertainment
Friday, March 12, 2010
Lawyer: Worker Just Too Lazy Official Counters Ethics Allegations
By Vic Vela
Journal Staff Writer
It was laziness, and not concerns about the ethics in the Secretary of State's office, that led to the resignation of the former state elections chief, according to the lawyer representing Secretary of State Mary Herrera.
Attorney Sam Bregman quipped Thursday that "the real reason AJ Salazar quit is because he wanted to go on spring break."
But former Bureau of Elections director Salazar on Thursday called Bregman's contention "absolutely ridiculous." Salazar said Herrera and Bregman "are just trying to do damage control" from his blistering resignation letter that accused her of wrongdoing.
The Journal on Thursday also obtained e-mails between Salazar and Herrera that showed their tensions over concerns
Salazar raised over Herrera's apparent attempts to get donations from contractors to help fund breaks during elections seminars for county clerks.
Bregman sent other e-mails to reporters Thursday that contained an exchange between Herrera and Salazar the day before he resigned, Feb. 25. In those, Salazar requested some time off, which Herrera denied, saying it was too much time away during election season.
In response, Salazar wrote, "Alright Ma'am. I am not a good fit for your office. I would like to meet with you tomorrow afternoon to tender my resignation. Thank you."
The next day, Salazar penned a resignation letter that accused her of soliciting money from firms that contract with her office and ordering "exempt" employees to obtain petition signatures for her re-election campaign.
But Bregman said in a telephone interview with the Journal that Salazar's resignation had nothing to do with the concerns voiced in the letter.
"The real reason AJ Salazar quit had nothing to do with ... so-called ethical issues," Bregman said. "It had everything to do with the fact that he didn't want to work. It's clear he wasn't a good fit for this office — as he said in the e-mail — and that's because it required a lot of work."
Responding to Bregman's allegation, Salazar said, "You have to consider the source."
"Mr. Bregman's allegations are blatantly false," Salazar said. "I question the timing of it because it will be two weeks (today) from the date of my resignation. His communication does not address any of the issues I raised in my resignation letter."
Salazar, a former deputy district attorney in Santa Fe, stepped down from the Secretary of State's office after 11 months on the job. When he took the job in April 2009, he became the third person in eight months to fill the position.
Time off denied
In his Feb. 25 e-mail to Herrera, Salazar requested time off during various periods. For instance, he asked for one hour to appear in court on a speeding ticket, eight hours to "attend to personal matters," and 32 hours to care for his children during their spring break.
Herrera wrote back later that day that she "cannot approve all those days" because of election matters that needed attention.
"Now I am getting concerned," she wrote. "We have filing day, most important election school coming up. You are the Director of BOE and most definitely needed to manage your Division and prepare everyone in your staff to train County Clerks for the Primary Election."
Salazar said in a telephone interview Thursday that he has "ample evidence to the contrary" concerning the claim he was "acting lazy."
Salazar says he stands by the comments he made in his resignation letter, which included Herrera's attempts to obtain sponsorships, or donations, through "targeted communications with firms or businesses with whom we contract," the letter states. The "sponsorships" were sought to support elections seminars, training events for county clerks from around the state.
In department e-mails obtained by the Journal, an employee in the Secretary of State's office sent an e-mail to fellow staffers saying that Herrera asked her to contact contractors about "helping with our Election Training as they have done in the past." The worker asked for e-mail recipients' "recommendations as to who we could call to help us fund this project."
Salazar then contacted an assistant attorney general, who provides legal counsel for the office. That attorney wrote to Herrera and other staffers: "Please be aware that solicitations from contractors who have been awarded contracts with the SOS (Secretary of State), or who may bid on (an) SOS contract, may create the impression that undue influence or improper associations are tied to such solicitations/donations."
At one point in the e-mail chain, Herrera indicated she saw a difference between seeking donations and sponsors. "I never told you to ask for donations," she wrote. "I asked you to ask them to sponsor a break, luncheon, etc."
To the assistant AG, Herrera wrote, "Thank you for this information. Yes these vendors asked to sponsor a break session for the election school. If this is not allowed, I will stop it immediately."
Herrera became upset with Salazar for talking to the AG's Office and for "not talking to me about this first." She wrote that "I do not believe I asked you to do anything regarding this issue" and wrote at one point "I do not appreciate you who I depend on going over my head."
But Salazar wrote to her: "When I learned about our office asking for 'sponsorships' as you put it from current contractors, it raised a flag for me because no matter what you call it, it is a donation or solicitation in violation of the Governmental Conduct Act."
In his resignation letter, Salazar also alleged that Herrera ordered "governor's exempt employees" — political hires outside the standard state employee personnel system — to each gather 1,000 petition signatures for her re-election campaign, and that this happened inside her office. Herrera told the Journal earlier this month that the meeting took place "during the lunch hour" and that she never handed out petitions or instructed employees to collect signatures.
The Attorney General's Office has neither confirmed nor denied whether it is investigating Salazar's allegations.
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