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City Council President Dan Lewis' Statement On No Penalty By The State Ethics Commission

New Mexico State Ethics Commission finds No Penalty in anonymous allegations.
May 29, 2024


"On April 3, 2024, I received a letter from the director of New Mexico’s State Ethics Commission asking me to provide information in response to anonymous allegations that I violated the Governmental Conduct Act by accepting a position as the Executive Director of the Asphalt Pavement Association of New Mexico. These anonymous allegations were unsubstantiated after a thorough investigation.  I accepted this position after any official actions of the City Council.  The Commission made no adverse finding that I violated any rules and assessed no penalty.

I fully cooperated with the Commission and the agreement reflects my commitment to continue adhering to all ethical requirements that apply to my position as a City Councilor, as I have always done.

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.  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.  The bills that I sponsored relating to the Air Quality Board were supported by a super majority of the Albuquerque City Council, including an override of Tim Keller's ill-conceived veto.

The Air Quality Board is an ongoing body of the City with Council appointments and oversight, and I have acted for years in my capacity as a city councilor on matters related to policies set by the Board and the Council and implemented by the City Environmental Health Department, including approving a budget every year. I serve as a City Councilor to help my community and am offended by these shameful allegations.

The NMSEC wrote a misleading press release that simply restates the whereas assumptions of alleged violations, and fails to clearly admit that the actual agreement reflects my complete cooperation and imposes no penalty.

While I respect the State Ethics Commission and its work, I am concerned that anonymous complaints can be used as political weapons against elected officials who serve in a non-partisan municipal office. The Attorney General and State Legislature should review the NMSEC’s process for considering frivolous anonymous complaints."


Dan Lewis, President, District 5