ABQJOURNAL OPINION/GUEST_COLUMNS: Council Needs Disclosure From CAO Nominee

Monday, November 16, 2009

Council Needs Disclosure From CAO Nominee

By City Councilor-Elect Mike Cook, Councilor-Elect Dan Lewis And Councilor Brad Winter

          Council Needs Disclosure From CAO Nominee
        Many believe that running City Hall like a business means conducting a thorough search for the most-qualified individuals for highly-placed city positions. This is particularly true with the position of chief administrative officer (CAO) of the city of Albuquerque. The person in that role literally runs the day-to-day affairs of the city — handling such critical areas as human resources, budget and policy implementation, to name just a few. To that end, two weeks ago we asked nominee for CAO, David Campbell, to respond to questions of grave concern to us and our constituents. We have not received a response or a call or any indication that our concerns will be or should be addressed.
        We, like many other Albuquerque voters, voted for change. However, the incoming administration appears to be following the same past rules of the game. Transition team head, Sherman McCorkle, in his Journal op-ed of Sunday, Oct. 25, extolled the nomination for CAO of longtime lobbyist and development lawyer, David Campbell.
        In light of the many calls for change in the management of our city, it would seem the best candidate to fill the position would be a professional manager experienced in overseeing a local government. The CAO should not have biases, conflicts, should not be a political operative or a lawyer who has regularly sued the city for business and political clients. In fact, many agencies already operating in and around Bernalillo County employ highly qualified individuals who have not made a practice of placing their own interests before the policy and duties of sound local governance.
        It is important to note the City Charter requires that "public officials be independent, impartial, and responsible to the people" and that government decisions and policy should "be made in the best interest of the people, the community and the government."
        The charter also provides that no city official shall "Disclose or use confidential information concerning the property, government, or affair of the governmental ... in order to advance the private financial or other private interests of said official or others."
        Other provisions of the charter dictate that no official may "participate in the negotiation or the making of any contract with any business or entity in which the official has a private financial interest." It is a fact that the CAO negotiates and administers most of the substantial contracts entered into by the city.
        By law, it is our duty to confirm a conflict-free CAO to manage the people's business at City Hall.
        These charter provisions are in place to provide the public with confidence in the integrity of government. As Mr. Campbell knows, even the appearance of a conflict of interest is enough to require disclosure or disqualification.
        In light of the fact that Mr. Campbell has aggressively sought an appointment as CAO and given his extensive representation of varied and in some cases troubling political interests, we have sought (to no avail thus far) his disclosure on the following issues:
        1. Identification of any developer or person with a financial interest in the placement of an arena in Downtown Albuquerque that he has represented, and what compensation he received from that representation.
        2. Identification of any Downtown arena developer, including HDIC, or the Downtown Action Team, or any member of either organization or financial backer of either organization that he has represented, and what compensation he received from that representation.
        3. The number of lawsuits, complaints and appeals he has filed or participated in against the city including administrative matters' cases in any court.
        4.Whether or not he has represented General Growth Properties Inc., Adevco Development Co., Solid Gold Classic LLC, and the Home Builders Association of Central New Mexico in lawsuits against the city.
        5. Whether or not the city prevailed in those lawsuits, how much he was compensated for each case, and whether his clients were required to reimburse the city for the costs of defending itself because the city prevailed.
        6. Whether he has been a registered lobbyist for any organizations. He should disclose how long he has lobbied for these interests and how much he was compensated for this work.
        7. How much he spent lobbying government officials and which officials he spent that money on.
        8. How much he was compensated by the city or any other person in any lawsuit that sought repeal of a city law permitting citizens to carry a concealed weapon for protection.
        9. All political activist organizations for which he has worked or served as lawyer or adviser, and how much he was compensated for that work.
        This is not too much to ask of someone who is seeking to hold the reins of the very workings of our city's government. Mr. Campbell has not provided this information, nor has he even acknowledged his receipt of this important request from the people's representatives on the council.
        Again we call on Mr. Campbell to provide this information as soon as possible, and for Mayor-elect Berry to join us in requiring Mr. Campbell to provide full disclosure, and that he provide this information no later than Friday so the new council and our constituents may consider these issues prior to our consideration of his appointment.

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