OPINION: Court should rule in treasurer's favor in hiring practices case

On May 13, the Bernalillo County Conduct Review Board appointed by Bernalillo County commissioners found I was in violation of the Bernalillo County Code of Conduct that requires elected officials to sit out a year before continued employment with Bernalillo County. However, a mistake made by the Albuquerque Journal on May 14 unfairly called County Treasurer Tim Eichenberg out for violating the Code of Conduct. That is not the case. Eichenberg has tried to resolve the situation but has not been found to have violated the code.

In the fall of 2024, Eichenberg approached me about serving as one of his deputy county treasurers because of the success I had in my eight years of serving the people of Bernalillo County as the county clerk. When I later saw the code provision that seemed to prevent me from accepting the deputy role, I went to Eichenberg. He told me that New Mexico law gives him permission to hire who he wants as his deputies, that state law and the state Constitution supersede a county ordinance, and that county-wide elected officials do not work for or report to county commissioners.

I really gave this some thought and became delighted with the possibility of continuing to serve the residents of Bernalillo County by engaging with and educating the public as I had during my service as clerk. After the election, Eichenberg informed the county Human Resources Department that I would be one of his two deputies. I was required — and allowed — to complete the onboarding process that is required for county employment, something that was not required of me when I became the clerk.

I was later informed by HR that I would be sworn in on Jan. 1, with everyone else. During that time, I heard rumblings that the commission chair and another commissioner did not want me to be hired. However, I was shown an Attorney General’s Opinion (Opinion# 2024-8) issued by AG Raúl Torrez on Aug. 14, 2024, preventing the McKinley County Board of Commissioners from interfering with the employment of a deputy in their treasurer’s office. The opinion stated, “The county treasurer and other elected county officers have exclusive statutory authority to hire and supervise deputies.”

I was also provided with New Mexico Statutes Annotated, Section 4-38-19, that expressly provides elected county officials, including the county treasurer, with exclusive authority to hire and recommend the salaries of persons employed by them, including their deputies. Then I was shown in the Bernalillo County Code of Conduct, Section 2-130(b), “Improper Influence,” that states, “No county commissioner shall make, participate in making or in any way attempt to use his or her position to influence any hiring decision or other decision regarding employment for any county employee.”

Finally, I saw the Bernalillo County Charter, Section C, “Ordinances,” that states in the very last sentence (at Page 1), “The Board of County Commissioners may enact any ordinance to discharge those powers not inconsistent with statutory or constitutional limitations.”

All of this led me to conclude that the reason the county was allowing me to take the oath of office on Jan. 1, was because the code section was invalid. In my heart I know I have not done anything wrong in continuing to work in public service. I love my job and I love working with the residents of Bernalillo County.

I am sorry for the taxpayer dollars that have been spent on this, and yet I know that this matter still must be decided in state district court in the case that Eichenberg filed to determine whether New Mexico state law and Constitution supersedes the county ordinance. I am hopeful that the court will rule in his favor.

Linda Stover is a deputy Bernalillo County treasurer. She was the Bernalillo County clerk from 2016-2024.