Bernalillo County Commission files complaint over hiring that didn't follow policy

Bernalillo County commissioners are filing a complaint over the hiring of former county Clerk Linda Stover by incoming Treasurer Tim Eichenberg just days after she left office.

Her hiring appears to run afoul of the so-called “cooling off” period outlined in the county’s code of conduct, which bars an elected county official from taking a job at the county for a year after leaving office.

Commissioners voted 4-1 on Tuesday to file the complaint with the county’s Code of Conduct Review Board. Commissioner Walt Benson voted against the measure.

“The commission is directing our independent counsel to file a complaint on behalf of the Board of Commissioners for consideration by the Bernalillo County Code of Conduct Review Board. This complaint is filed against Linda Stover, the former county clerk,” Commission Chair Eric Olivas said from the dais Tuesday.

Stover did not respond to a request for comment Wednesday.

Benson said before voting that he was doing so because the complaint conflicts with state law but did not specify which one.

New Mexico Attorney General Raúl Torrez ruled in an August opinion that county treasurers have “exclusive statutory authority” over hiring within their office.

“It’s important to note that an AG’s opinion is just an opinion that does not hold the weight of law,” Olivas told the Journal before the vote.

During the commission’s final meeting of 2024, commissioners voted 3-2 in favor of removing the cooling-off period from the code of conduct, coming up a vote short of the required 4-1 majority to make the change.

That meeting was also the last for Stover as clerk, marking the end of her two-term limit.

Eichenberg hired her anyway. He said he had not seen the complaint as of Wednesday afternoon.

Stover was set to make $128,265 annually, a 30% pay increase from her previous position as clerk. She would make the same base salary as her predecessor.

“We feel very strongly that she has violated the code, and she is not eligible to work for payment. She is free to volunteer, or she is free to seek employment elsewhere,” Olivas said. “The code is very clear that former elected officials shall not accept payment for contracts part-time or full-time employment with the county for a period of one year after leaving office.”