City Councilor Dan Lewis to recuse himself from future air board votes
May 29—Albuquerque City Council President Dan Lewis will recuse himself from future votes involving the Air Quality Control Board, following a settlement agreement with the New Mexico State Ethics Commission. Commission staff investigated an allegation that Lewis' role as the executive director of the Asphalt Pavement Association of New Mexico was in conflict with legislation he introduced ... Albuquerque City Council President Dan Lewis has agreed to withdraw from future votes involving the Air Quality Control Board following a settlement agreement with the New Mexico State Ethics Commission. The commission investigated allegations that Lewis' role as the executive director of the Asphalt Pavement Association of New Mexico was in conflict with legislation he introduced during his time as a councilor. Lewis, who became the paid executive director on Jan. 1, stressed that "no penalty" was imposed by the commission and that he would have recused himself regardless of the settlement agreement. The complaint was made regarding two pieces of legislation introduced by Lewis last year while he was pursuing the position.
Publicados : 4 semanas atrás por Alaina Mencinger, Albuquerque Journal, N.M. no Environment
May 29—Albuquerque City Council President Dan Lewis will recuse himself from future votes involving the Air Quality Control Board, following a settlement agreement with the New Mexico State Ethics Commission.
Commission staff investigated an allegation that Lewis' role as the executive director of the Asphalt Pavement Association of New Mexico was in conflict with legislation he introduced around the Albuquerque-Bernalillo County Air Quality Control Board's hearing of a proposed environmental justice regulation.
Lewis became executive director on Jan. 1. It is a paid position.
Lewis stressed that "no penalty" was imposed by the commission and said he fully cooperated with the investigation.
He said he would have recused himself regardless of the settlement agreement. Lewis already recused himself once at a May meeting of the City Council Finance and Government Operations Committee, when committee members voted on a measure sponsored by Councilor Klarissa Peña that would modify the air quality permit approval process.
"The agreement doesn't make me do anything that ... I wouldn't already do, according to the ethics rules and procedures that I've followed for years," Lewis told the Journal.
According to Tom Garrity, a public relations professional speaking on behalf of the State Ethics Commission, Executive Director Jeremy Farris and staff attorneys "believed there was a violation" of the Government Conduct Act and, had the matter not settled, would have asked the commission to file a lawsuit against Lewis.
Garrity said more than one complaint was made.
In question were two pieces of legislation introduced by Lewis last year, while he was pursuing the job at the APANM.
Last fall, the Air Quality Control Board prepared to hold a hearing for an environmental justice regulation championed by residents of a South Valley neighborhood, who said their area shouldered disproportionate levels of industrial pollution.
The proposed rule was unpopular with several members of the business community, who said it could grind economic development to a halt. The city's Environmental Health Department expressed concern about its enforceability.
But as the December hearing date crept closer, legislation threatened to halt the hearing altogether.
In early November, the City Council voted on legislation introduced by Lewis to remove and replace the city-appointed members of the board and delay the hearing process. Both bills narrowly passed the council.
Albuquerque Mayor Tim Keller vetoed the bills. The City Council overruled the vetoes, this time with the higher vote margin needed to override.
The board went through with the hearing anyway and ultimately voted in favor of a limited rule.
Around the same time, Lewis saw a job listing for the executive director position.
According to the settlement agreement, Lewis saw the ad for the first time on Nov. 28, and throughout the months of November and December, he met and spoke with current APANM board members about the role. Lewis said he did not dispute the timeline.
Some APANM board members spoke out publicly in opposition to the proposed environmental justice rule. The association entered an appearance to the rulemaking process and became a party, the settlement agreement said — which Lewis said he was unaware of in an April 18 email to executive director Farris.
"In reviewing the factual background you provided, I was most surprised to learn that an attorney had filed an entry of appearance on APANM's behalf, long before I knew it even existed as an entity," Lewis wrote. "As you noted, APANM did not introduce testimony before the board, but I recognize that the perception created by that joint entry could tarnish the intentions behind my official acts."
The provision cited by Farris comes from the Government Conduct Act, which prevents public officials and employees from gaining a new financial interest if there's reason to think their official acts might affect it.
Lewis said in a statement that he accepted the job offer "after any official actions of the City Council" and that his actions were not taken in the interest of the APANM.
"My actions as a City Councilor relating to the Albuquerque/Bernalillo County Air Quality Control Board were entirely because I believe they were the appropriate actions to protect my constituents and the people of Albuquerque from what I believe was a renegade Board that was attempting to harm our community," Lewis said in a statement. "I took no action at the behest of the Asphalt Pavement Association of New Mexico. I was not offered any position or financial incentive because of my role as a City Councilor."
Lewis cautioned that anonymous complaints taken by the Ethics Commission may be used as "political weapons." He urged the state Legislature and the attorney general to review the State Ethics Commission's policy on hearing anonymous complaints.
"I get IPRA requests constantly and you have to say who you are," Lewis said. "There are other complaints the ethics committee takes that require a person name themselves. I think having a commission that allows anonymous complaints and then pursues frivolous allegations is something the state Legislature should look at."
Garrity clarified that the complaints made against Lewis were "confidential," not anonymous. To make an informal complaint, a full name and email address are required.
Since mid-January this year, 93 informal complaints have been submitted through the commission's online form. Once a complaint is filed, the executive director notifies the person the complaint was made about and allows them an opportunity to respond, before determining if the commission has jurisdiction.
"The commission's staff reviews each informal complaint and makes a determination on what should be investigated and what ultimately should be presented to the commission for either the approval of a pre-litigation settlement agreement or the authorization to file a civil lawsuit," Garrity said.
If it has jurisdiction, the complaint is forwarded to general counsel, which reviews it for probable cause. If probable cause is found — and a settlement isn't reached — a public hearing is held. That decision can then be appealed to the full commission for a final decision. A settlement agreement can be made at any point.