Publication: Albuquerque Journal
Date: 02/28/2003
Edition: State
Page: A1
Word Count: 619 word
Headline: Ethics Board Reprimands Mayor
Byline: By Jim Ludwick and Dan McKay Journal Staff Writers
Chavez Found Guilty of Violations in ABQPAC Inquiry
The city ethics board reprimanded Albuquerque Mayor Martin Chavez on Thursday after finding him guilty of violating the City Charter by accepting money to pay for family travel and other expenses.
The Board of Ethics and Campaign Practices ruled that he violated a ban on accepting valuable gifts from those with an interest in city affairs and also that he failed to report certain campaign contributions and abide by contribution limits.
The board voted "not guilty" on allegations that the mayor misused city property in connection with ABQPAC.
"I accept the findings of the ethics board," Chavez said at a news conference afterward. "I want to move on, and I think that is simply in the best interest of Albuquerque."
Board members voted to publicly reprimand the mayor for the violations. It had authority to issue a reprimand, order payment of a fine or recommend that the City Council remove Chavez from office.
The complaints filed against Chavez center on his former relationship with ABQPAC. The committee helped Chavez with family travel costs on official city trips, campaign debt and other expenses after raising money from city contractors, city employees and other contributors.
Chavez has denied any lawbreaking, but he voluntarily returned about $60,000 to ABQPAC.
Chavez was accused of violating a ban on knowingly accepting gifts from contributors who have an interest in city affairs, the first charge the ethics board considered Thursday.
"I do feel the spirit of the charter is pretty clear," said Seth Heath, a member of the ethics board who voted guilty on that charge.
But he and Board Chairman Robert Tinnin said they had concerns that the charter may be too stringent. They said there should be a way to pay for personal expenses the mayor incurs while performing official duties.
"I feel strongly that the City Charter is too restrictive on government officials, and I wish it wasn't," Heath said.
The ethics board deliberated in public in the council chambers at City Hall. The mayor sat quietly at a table with his attorneys as the board discussed and voted on the charges.
Tinnin offered to allow the mayor and those who filed complaints to make final arguments at the beginning of the meeting. Attorneys for both sides, who had already filed written arguments, declined.
City Councilor Hess Yntema, who filed one of the complaints against the mayor, told reporters that he believes the votes Thursday will spark further scrutiny and community discussion of the charter's ethics provisions.
"I was surprised by some of the reasoning," he said of the board's decisions, "but it appears most of the board members considered the matter carefully."
Jack Taylor, state chairman of Common Cause New Mexico, which also filed a complaint against the mayor, said he was pleased with the ethics board decisions, which he said clarified the charter provision on accepting gifts.
"I think the board needs to be commended for the enormous amount of time they put into this," Taylor said.
Paul Livingston, an attorney for New Mexico Vecinos United, which also filed a complaint, criticized the ethics board's decision to reprimand the mayor.
"Of course, he wasn't punished severely enough. He wasn't punished at all," Livingston said after the meeting.
PHOTO BY: ROBERTO E. ROSALES/JOURNAL
PHOTO: Color
WAITING FOR A VERDICT: Albuquerque Mayor Martin Chavez listens to a discussion before the city Board of Ethics and Campaign Practices on Thursday.
PHOTO BY:ROBERTO E. ROSALES/JOURNAL
PHOTO: b/w
CASTING THEIR VOTES: Members of the Albuquerque ethics board, including Robert Tinnin, center, Devin Chapman and Cliff Richardson, vote on one of the ethics charges against Mayor Martin Chavez. The board found Chavez guilty of violating the City Charter.