GOP lawmaker asks ethics panel to dismiss complaint

Political opponent alleged Rep. Dow violated rules seeking state grants

State Rep. Rebecca Dow has asked the New Mexico State Ethics Commission to dismiss a complaint filed against her by a political rival vying for her seat in the Legislature.

Dow, a Republican from Truth or Consequences, called the ethics complaint “false and baseless” in a statement Friday and said she filed a motion seeking dismissal the same day.

Karen Whitlock, a Democrat running for Dow’s House District 38 seat, announced in September she had filed the complaint, alleging Dow had violated conflict-of-interest and financial disclosure rules in seeking state grants for the nonprofit AppleTree Educational Center. The lawmaker founded the faith-based early childhood center more than 20 years ago.

“The fact is that she has received since she’s been a state legislator over $5 million in state contracts and over $1 million in sole source contracts,” Whitlock said in an interview Friday. “And she didn’t report any of it. So those are the facts.”

She called Dow’s request to dismiss the complaint “without merit” and said the Republican lawmaker “spends most of her time attacking me and not the facts of the case.”

Whitlock’s complaint is the first of 31 submitted to the newly established commission that has become public.

The panel is required to keep cases confidential until it finds evidence of an ethical violation, but an individual making a complaint can make such an investigation public.

Dow argued her opponent only made the complaint for political gain.

“It was clear from the beginning that this was a political ploy by my opponent and those in her party backing her campaign,” Dow said in a statement released by House Republicans. “I trust the voters of House District 38 know me, my character, and my dedication to the people of this district and that they will see through these tactics.”

Dow’s filing with the Ethics Commission argued the accusations in the complaint are meritless and that her opponent is trying to use the panel for political ends.

Whitlock, a social worker from Mimbres, argued in her complaint that Dow had failed to disclose she was a state lawmaker in some of her applications for grants for AppleTree. Whitlock also accused Dow of using her position to pursue “private interests” because the lawmaker and some of her family members have been employed by the nonprofit.

She said Dow also was required by New Mexico conflict-of-interest laws to disclose her status as a lawmaker when applying for state contracts — something Whitlock alleges Dow did not do.

Dow has said that because she is not the owner of AppleTree, a nonprofit, she was not required to disclose her seat in the House. When she sought state contracts for AppleTree, she was working for the center as a grant writer, she said.

House Republicans said in a statement the timing of a complaint so close to the November election is concerning and “eliminated Representative

Dow’s right to due process before the election takes place.”

The commission has a “blackout rule” prohibiting it from considering cases in the 50-day period before an election.

“It is unfortunate that the Ethics Commission is being used to advance my opponent’s political career,” Dow said. “What she has done, in filing an already proven baseless claim and during the ‘blackout’ period, has jeopardized the integrity of the important work the Ethics Commission is charged with doing.”

Whitlock said she would have issued the complaint sooner but was still gathering evidence to submit to the Ethics Commission.

State House Republican leader Jim Townsend, R-Artesia, said in a statement the complaint is an attempt to “mudsling” and “score headlines and political points rather than acknowledge the tireless work and steadfast dedication of someone like Representative Dow.”