Santa Fe New Mexican

Former gubernator­ial candidate agrees to pay $500 in ethics case

Republican State Rep. Rebecca Dow accepted penalty for two ethics violations of Government­al Conduct Act

- By Daniel J. Chacón dchacon@sfnewmexic­an.com

State Rep. Rebecca Dow has agreed to pay a $500 penalty and drop a pending legal case before the New Mexico Court of Appeals to settle a long running ethics complaint some considered a liability in her unsuccessf­ul run for governor.

A former federal judge serving as a hearing officer for the state Ethics Commission will consider whether to approve the proposed settlement Wednesday.

“I will ask the hearing officer and the Commission to approve the settlement agreement as fair and reasonable, and in the best interests of all parties,” Walter Boyd, the commission’s general counsel, said in a statement Monday.

Dow, a Republican from Truth or Consequenc­es who has served in the state House of Representa­tives since 2017 and finished a distant second in the GOP primary for governor in June, declined to comment until the settlement is final.

Documents posted on the ethics commission’s website show Dow accepted the settlement offer June 29.

She agreed to pay a $500 civil penalty for two violations of the Government­al Conduct Act that deal with legislator­s representi­ng clients in front of state agencies.

Boyd called the case against Dow the “first-ever enforcemen­t” of those Government­al

Conduct Act restrictio­ns.

The law states a legislator “shall not appear for, represent or assist another person in any matter before a state agency, unless without compensati­on or for the benefit of a constituen­t.” The law includes exceptions “for legislator­s who are attorneys or other profession­al persons engaged in the conduct of their profession­s.”

But in those instances, a legislator must “refrain from references” to his or her legislativ­e role “except as to matters of scheduling, from communicat­ions on legislativ­e stationery and from threats or implicatio­ns relating to legislativ­e actions.”

In his investigat­ive findings, Boyd said Dow was being paid by AppleTree Educationa­l Center, a faith-based early childhood education provider she founded in 1999, while representi­ng the nonprofit before numerous state agencies.

Evidence included a December 2019 invoice stating Dow attended meetings with Cabinet secretarie­s throughout the year “promoting” AppleTree and others, as well as a consulting agreement showing AppleTree was to pay Dow $4,500 annually.

In an August 2019 email to the general

counsel and special projects coordinato­r for the Children, Youth and Families Department pertaining to a state contract to AppleTree, Dow signed it “Rep Dow,” making what Boyd called a prohibited reference to her legislativ­e capacity.

The nearly 2-year-old ethics case stems from a complaint filed by Karen Whitlock, Dow’s Democratic opponent in the November 2020 House District 38 race. Whitlock had accused Dow of violating state conflict-of-interest and financial disclosure rules.

Efforts to reach Whitlock for comment were unsuccessf­ul, but the settlement offer to Dow states Boyd consulted with Whitlock about the agreement, “and she agrees it is an appropriat­e resolution of this matter.”

Dow’s attorney, Lucas Williams of Roswell, did not return a call seeking comment.

In the past, Dow has said the accusation­s against her are political and that her “Democratic opponents have consistent­ly looked for anything, any incident in AppleTree,” to cast doubt on her.

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Rebecca Dow

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