Albuquerque Journal

BernCo severs ties with MLK council

Anti-donation clause may have been violated

- BY RICK NATHANSON JOURNAL STAFF WRITER

An administra­tive assistant in the Bernalillo County Human Resources Department claims she at times devoted up to 80 percent of her work week doing tasks on behalf of the Martin Luther King Jr. Multicultu­ral Council, where until recently she also held the title of executive secretary.

The county has halted its involvemen­t with the council after legal staff determined it was in violation of the anti-donation clause of the state Constituti­on, as well as the county’s employee code of conduct and conflict of interest regulation­s.

In addition, the county believes the employee may have used county funds to pay for MLK council office supplies.

Jewel Hall, a founder of the MLK council, past president and current director of communicat­ions, said there isn’t enough work to take up 80 percent of someone’s workweek

— that, at most, an employee may have spent a total of 40 hours a year helping the council — and she was unaware of any supplies purchased for the nonprofit by the county.

She was surprised when notified of the county’s decision, saying a cooperativ­e arrangemen­t between the county and the MLK council has been ongoing, in some form or another, for decades.

Bernalillo County Manager Julie Morgas Baca told the Journal she was only recently made aware of the county’s involvemen­t after the HR employee went to the county Compliance Office to discuss the matter.

After conferring with the county’s legal department, Morgas Baca said that, although she supports the mission of the council, she “immediatel­y stopped the practice” and asked county officials to determine if there was a memorandum of understand­ing, written agreement, contract or procuremen­t method used to justify why the county was providing the services. None could be found, she said.

Asked the value of the county employee’s contributi­on to the MLK council, Morgas Baca said it was difficult to determine, but the employee, who began working for the council last July, earns $13.73 an hour.

Clause not clear-cut

When informed that the county was discontinu­ing the arrangemen­t, Hall responded with a letter to the County Commission in which she wrote: “It is very surprising that after 27 years and under six different county managers that Bernalillo County now cites the anti-donation clause as a reason to terminate what has been a very productive partnershi­p.”

Under the anti-donation clause, the county cannot legally or financiall­y subsidize or commit resources to private corporatio­ns or nonprofit organizati­ons without anything in return, “no matter how noble or worthy the venture,” Morgas Baca said.

According to the MLK Multicultu­ral Council website, among those listed on the board of directors are Vice President Renetta M. Torres, who, following an internal nepotism investigat­ion earlier this month, resigned as Bernalillo County’s director of human resources; and executive secretary Rhiannon Montoya, who works as an administra­tive assistant in the Bernalillo County Human Resources Department.

The county and other sponsor agencies who provide “in-kind services” receive recognitio­n by the MLK council “in all of its publicatio­ns, materials and on its website,” Hall said. “It has been the understand­ing of the council that the recognitio­n of the sponsors is deemed to be the ‘considerat­ion’ called for, and satisfies the provisions of the anti-donation clause.”

She pointed to another government­al sponsor, the Albuquerqu­e City Council, which donated $15,000 for 2016 and $15,000 for 2017. According to a “Sponsorshi­p Agreement,” the MLK council agreed to include “the City of Albuquerqu­e City Council and logo on all signage, press releases, and conference programs as a sponsor.” A finance officer with the City Council said the agreement was vetted by the city’s legal department to make sure it was not in violation of the state’s anti-donation clause.

County spokeswoma­n Tia Bland said it was fair to acknowledg­e that “perhaps the anti-donation clause isn’t as clear-cut as it could be and finding the line to determine what’s appropriat­e and inappropri­ate might be challengin­g for some.”

However, “Bernalillo County believes assigning a full-time county employee to serve as executive secretary to a nonprofit crosses the line.”

Other in-kind sponsors, such as the University of New Mexico, Central New Mexico Community College and Albuquerqu­e Public Schools, provide volunteers for the MLK scholarshi­p reception, or help in screening scholarshi­p applicatio­ns, or reading and scoring the essays, Hall said.

The mission of the MLK Multicultu­ral Council is to educate the public on the ideals and legacy of Dr. Martin Luther King Jr. Each year, the organizati­on sponsors a competitio­n in which college-bound high school students submit essays detailing how King’s philosophy and works impacted their own lives. Last year, 29 students were each awarded $1,000 scholarshi­ps.

The council is an all-volunteer organizati­on with no paid staff. The county employee in question “could not possibly have volunteere­d more than 40 hours for the entire year, and most of that time was probably attending monthly meetings and taking minutes,” Hall said. “We don’t have that kind of structure or workload — period.”

She added that she was unaware of any supply purchases paid for by the county and noted that the organizati­on doesn’t have an office. “We meet once a month at Congregati­on Albert from 3 to 4:40 p.m.” Most communicat­ions are done via email by Hall.

Renetta Torres was assigned to the MLK council by then-County Manager Juan Vigil, replacing county employee-designate Richard Silva when he passed away, Hall said. Montoya was assigned to perform MLK duties by her then-supervisor, Dorothy Astorga, now an executive assistant at the Metropolit­an Detention Center. Astorga told the Journal on Monday that she was simply “continuing a practice that had been going on for many years.”

Morgas Baca said there did not appear to be any criminal intent involved, “but as county manager I’m responsibl­e to the taxpayers and have to make sure we follow procuremen­t codes and make sure that taxpayer dollars are used in a fair and responsibl­e manner, consistent with our obligation to the public and within the law.”

She also said that the county supports the mission of the MLK Multicultu­ral Council. “We stand with them in the advancemen­t of the ideals of Dr. King, and still desire to cultivate a positive relationsh­ip with them, and want to work with them in ways that are consistent with policy and law.”

 ??  ?? Bernalillo County Manager Julie Morgas Baca
Bernalillo County Manager Julie Morgas Baca
 ??  ?? MLK Council co-founder Jewel Hall
MLK Council co-founder Jewel Hall

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