Judge sides with Bernalillo County Commission in hiring dispute

A state district judge ruled that Bernalillo County Treasurer Tim Eichenberg violated an in-house rule when he hired former County Clerk Linda Stover one day after she left office.

Stover left office Dec. 31, and the next day had a job offer for the position of deputy treasurer, under Eichenberg. Bernalillo County commissioners argued that this violated a mandatory “cooling-off period” of one year before an elected official could be rehired at the county.

A judge agreed.

The order was supposed to put an end to a monthslong hiring dispute between Eichenberg and the county commission. Instead, Eichenberg said Tuesday that he is ready to appeal.

“I just don’t believe the commission has the right to tell me who I can or can’t hire,” Eichenberg said.

Prior to her appointment as deputy treasurer, Stover had served as county clerk for eight years. Stover was offered a $128,265 salary, a 30% pay bump from her position as county clerk. Stover did not say whether she would resign due to the order.

“I am very, very disappointed,” Stover said of the decision Tuesday.

When Eichenberg announced he would hire Stover one day after Stover reached her term limit, Commissioners Barbara Baca and Eric Olivas raised ethics concerns. In February, the commission filed a complaint with the County Code of Conduct Review Board seeking an ethics investigation.

The board ruled on May 13 that Stover violated the county’s code of conduct in accepting the position. A week and a half later, Eichenberg filed a petition in 2nd Judicial District Court arguing that state statute allowed him to hire Stover. Eichenberg also argued that the supermajority clause, which required a 4-1 vote to appeal or change the cooling-off rule, violated the state Constitution.

On July 10, Judge Joshua Allison ruled that both of Eichenberg’s arguments were “without merit.”

However, with the appeal on the horizon, Stover’s fate at the county is uncertain.

“I felt matters were resolved,” Olivas said. “That (appeal) is a frivolous use of taxpayer money to have a treasurer suing the commission multiple times when he’s already lost in three different arenas.”