APS board reverses course on weakening its code of conduct

The Albuquerque Public Schools board has reversed course, refining and reinstalling language in its code of conduct requiring members to recuse themselves from votes where there’s a conflict of interest arising from large campaign contributions.

Board President Yolanda Montoya-Cordova on Wednesday said she pulled the vote off the board’s consent agenda so members could have another discussion on it, after she had spoken against the language last month.

She added that she’d had a conversation with board member Danielle Gonzales, who ardently pushed for the language to remain in the code of conduct, and came away reassured about some of the issues she had with it.

The Wednesday vote to reverse course on the language also came after some public criticism, including a letter sent by Common Cause New Mexico, a local chapter of the national organization dedicated to government accountability and transparency. In its letter, Common Cause outlined its disappointment in the removal of the language and argued that the “‘honor system’ does not always work.”

“This common-sense provision is needed to maintain public trust in elected officials charged with making policy for our most precious and vulnerable citizens — our children,” stated the letter, dated Oct. 26. “The perception that elected officials do not want to be bound by best practices to prevent conflicts further erodes public confidence in all elected officials.”

Although board members voted unanimously to reinstall the language — with the exception of board Vice President Peggy Muller-Aragón, who wasn’t present for the meeting — some members still had some concerns before they voted in favor.

Board member Josefina Domínguez, for example, asked that the code be made more specific in laying out the sorts of organizations from which campaign contributions wouldn’t force board members to recuse themselves.

As the language stands, board members are to disclose any contributions individually or collectively exceeding $1,000 before voting on issues involving those who made them and recuse themselves if there is a conflict of interest.

But more specificity, Domínguez said, could keep some board members from becoming targets.

When the board takes up the collective bargaining agreement with the Albuquerque Teachers Federation, for example, Domínguez said members with union ties — currently, ATF-backed members make up a minority on the board — could be the target of scrutiny from people unfamiliar with the intent behind the language.

“I foresee a time when there would only be members who, like me, (are) having to disclose, and perception in the public is ‘Oh, well, board member Domínguez is always having to disclose her alignment with the unions, and nobody else is having to do that,’” she said. “All of a sudden, that makes me a target. … And that gets very dangerous.”

Gonzales, however, pointed out the board does not vote on issues concerning organizations like political action committees. Board members said in ATF’s case, it’s the union’s political arm — which doesn’t negotiate the teachers contract — that makes political contributions.

That board members don’t need to recuse themselves if they’ve received contributions from a union’s political arm could also be made explicit to incoming board members, Gonzales said. Ultimately, the more specific language she asked for did not make it into the code of conduct.

Montoya-Cordova added that because board members must disclose any contributions, according to the language, it’s on the integrity of a member to do so and decide whether to recuse themselves.

That, she said, means there should be communication among board members before assuming the worst of each other and complaining to the board president when they feel their fellow board members should be recusing themselves.

“We’re OK with being transparent. There is not difficulty with that,” she said. “But more importantly, I think the only way that that can work, guys … is if we can live in a lens of also checking our assumptions at the table, and also working with a level of integrity and trust amongst ourselves.”

Spokesperson for Common Cause New Mexico Dede Feldman lauded the decision on Thursday.

“It sends a signal to the public that the board will be acting ethically and in the public interest, rather than in the interest of their campaign contributors,” she said. “For the sake of the children, that’s what we need.”