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

"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