Albuquerque Journal

Ethics board finds Keller violated elections code

But no fine ordered for violation, which dealt with in-kind contributi­ons

- BY MARTIN SALAZAR JOURNAL STAFF WRITER

He broke the rules but didn’t mean to. That was the eleventh-hour decision made Monday by the city’s Board of Ethics & Campaign Practices, which found that mayoral candidate and state Auditor Tim Keller violated the City Charter’s Elections Code and the Open and Ethical Elections Code.

But the board opted not to issue a reprimand or a fine in the case, determinin­g that Keller “acted in good faith and did not intend to violate” the rules.

The decision — which came less than 19 hours before polls open for today’s mayoral runoff election — was unanimous, although board member Gerges Scott did not take part in the proceeding­s. Keller, a Democrat, is facing City Councilor Dan Lewis, a Republican, in the runoff.

Both sides hailed Monday’s ruling as a victory.

Lewis called the ruling “proof that Tim Keller lied to Albuquerqu­e voters and illegally worked with his political allies to funnel cash to his campaign.”

“How can we trust Tim to hold criminals in this city accountabl­e when he thinks he is above the law himself?” Lewis said.

Keller pointed to the part of the ruling that found any violations were not intentiona­l.

“Though our opponents have used trumped up terms like dishonest, ‘money laundering’ and ‘cash under the table,’ those assertions were always baseless and the board’s ruling

confirmed that today,” Keller said in a statement. “That came out loud and clear in today’s ruling which emphatical­ly notes our good faith efforts.”

The complaint the board ruled on dealt with the manner in which Keller and his campaign handled in-kind donations. Two other complaints against Keller are still pending, one that alleges that his campaign is illegally coordinati­ng with a political action committee supporting him and another alleging that he broke the rules by failing to report the attorney fees he has incurred defending himself against the ethics complaints. Two of the complaints were filed by Bernalillo County Commission­er Wayne Johnson, a Republican and one of eight mayoral candidates on the Oct. 3 ballot. The third complaint was filed by private investigat­or Carlos McMahon, who the Keller campaign points out was indicted on multiple counts of fraud and perjury.

Keller has denied that he is coordinati­ng with the political action committee, and he has indicated that he plans to cover the legal fees out of his own pocket.

Johnson applauded the finding that Keller broke city campaign finance rules, but was disappoint­ed that no fine was imposed.

Johnson’s attorney, Pat Rogers, also issued a statement.

“We appreciate the work of the Board of Ethics and the confirmati­on of what we all know — Mr. Keller broke a number of ethical rules concerning contributi­ons and reporting,” Rogers said. “... By the time all of the ethics complaints against Mr. Keller are addressed by the Ethics Board, it will (be) difficult to find an ethical rule Mr. Keller and his political operatives actually honored.”

The ethics board heard arguments and took testimony on the Keller in-kind contributi­ons complaint last Thursday. Keller reported close to $38,000 in in-kind donations. Most of that came in the form of checks written by Keller supporters to Rio Strategies, the firm running his campaign, and was used to pay for Rio Strategies’ services.

The complaint, filed in September, alleged that the Keller campaign “falsely reported these cash contributi­ons as ‘in-kind contributi­ons’ on several reports” submitted to the City Clerk’s Office.

Keller is a publicly financed candidate and, as such, he generally can’t take cash donations. He was allowed to take up to $38,000 in in-kind contributi­ons, which is defined as goods or services, but not money.

The ethics board determined that the relationsh­ip between Rio Strategies and the Keller campaign was “so highly intertwine­d and connected as to make it difficult to distinguis­h one from another.” Given that relationsh­ip, the board found, the checks made out to Rio Strategies “were monetary contributi­ons and cannot properly be classified as in-kind contributi­ons.”

Specifical­ly, the board determined that Keller broke the rules by accepting monetary contributi­ons beyond the money given to him by the city and “seed money.” And he broke the rules by failing to deposit those “in-kind” checks into his campaign account, the board found.

But there were several mitigating factors, the decision states. It notes the “undisputed witness testimony that Rio Strategies had relied on similar practices in the past and recommende­d this plan” to Keller. The board also noted documentar­y evidence and witness testimony that these practices had been informally approved by the city auditor in other campaigns.

 ??  ?? Tim Keller
Tim Keller

Newspapers in English

Newspapers from United States