Wayne Johnson rejects claim that dual posts violated law
Dems say GOP auditor should have quit commissioner position
SANTA FE — State Auditor Wayne Johnson said Tuesday that he doesn’t believe he violated any state laws by simultaneously serving as both state auditor and a Bernalillo County commissioner for three months.
The Democratic Party of New Mexico filed an ethics complaint earlier this week claiming Johnson, a Republican, may have broken the law by concurrently holding two “incompatible” offices and getting paychecks from both jobs.
But Johnson said he asked for a legal review after being appointed auditor by Gov. Susana Martinez in December and was told he could hold both positions.
“When we took a look at it, we didn’t feel they were incompatible job titles,” Johnson told the Journal.
He also said he recused himself on several issues that came before the County Commission after being appointed auditor, including approval of Bernalillo County’s annual audit.
Johnson said his intent was never to stay on in both positions indefinitely, but said he did so for several months to try to wrap up several projects. He ultimately resigned from the Bernalillo County Commission, effective March 1.
In its ethics complaint, the Democratic Party argued Johnson should have stepped down immediately upon accepting the job as state auditor.
“Mr. Johnson cannot seriously contend that there is no conflict of interest
in exercising audit oversight over his own compensation and expenditures as county commissioner,” the party alleged in its complaint. “The offices are clearly incompatible.”
The complaint was filed with the Secretary of State’s Office just over six weeks before Election Day. Johnson is running for state auditor against Democrat Brian Colón, a former state Democratic Party chairman.
The Democratic Party also filed a separate ethics complaint against Johnson in July for reporting having spent state campaign funds on an election night party for his Albuquerque mayoral campaign — two months before he was appointed auditor.
Johnson said Thursday the funds were actually from his County Commission campaign fund and believes the spending was appropriate.
A spokesman for the Secretary of State’s Office said Thursday that both complaints are being reviewed.
Meanwhile, the issue of statewide officials also holding elected city or county office has flared up in New Mexico before, most recently when Brad Winter was appointed secretary of state in December 2015.
Winter held the position for a year — he did not seek election to a new two-year term in 2016 — while also remaining on the Albuquerque City Council, despite some calls for him to step down.