Sheriff candidate Anaya to return funds from PRC-regulated firms
Commission investigator, on leave while seeking office, denies impropriety
Santa Fe County sheriff candidate Manuel “Manny” Anaya said Wednesday he will return campaign donations from towing companies and other transportation firms that are regulated by the office where he works at the state Public Regulation Commission.
The donations total more than $1,300, according to Anaya’s campaign finance reports.
Anaya is on leave as a investigator for the PRC’s Transportation Division and could return to that job if his sheriff ’s campaign is unsuccessful.
Anaya said he would return the campaign contributions after The New Mexican asked him about the propriety of the donations.
The code of conduct for PRC employees says, “No employee shall accept anything of value from a regulated entity, affiliated interest or otherintervenor.”
Anaya is one of four Democratic sheriff ’s candidates in the June primary election. Anaya is a former county sheriff ’s deputy and Santa Fe police officer.
“I didn’t think it was a conflict,” Anaya said of the campaign donations from the transportation companies. “Just to keep things clean, I decided I’m going to write them a check back.”
According to campaign finance reports filed with the Secretary of State’s Office, Anaya has received at least $1,310 in cash donations and in-kind contributions of goods or services from towing, vehicle-recovery and other transportation companies, as well as company executives, from Albuquerque to Tularosa.
As an investigator for the PRC’s transportation bureau, it’s his responsibility to look into complaints against such companies and investigate whether they’re in compliance with the commission’s standards.
Avelino Gutierrez, director of the Transportation Division, said that, in his opinion, Anaya is still an employee of the commission and still subject to its code of conduct.
“If you’re asking me, it does sound like he’s not supposed to take money from regulated entities or affiliated interests,” Gutierrez said.
Gutierrez said that as of Tuesday evening, he didn’t think the PRC had reviewed Anaya’s campaign contributions.
“If the commission knew an
employee was receiving money from a regulated entity or affiliated interest, I would assume the commission would look into that,” he said, “and if probable cause existed to investigate, I would assume they would investigate.”
Anaya said he didn’t see anything improper about the companies giving him money and that he didn’t solicit it.
“When these contributions came in, I just thought, ‘Wow, this is neat,’ ” Anaya said.
He said the money wouldn’t influence the way he does his job.
“Whether they gave me money or not, if I have to do an investigation, I will do a fair and just investigation,” he said.
Kathleen Sabo, executive director of New Mexico Ethics Watch, said she thinks Anaya’s campaign contributions fall into a potential “gray area.”
Sabo said Anaya seems to have complied with the state Personnel Act, which says government employees who are running for office need to take a leave of absence.
She didn’t think it was clear whether Anaya falls under the PRC’s employee code or a state statute that regulates PRC employees because neither defines what an employee actually
is and whether that includes someone on leave.
But Sabo agreed with Anaya’s decision to return the funds.
“That sounds like a really good, ethical decision on his part,” she said, “to have made an evaluation on something that’s potentially a gray area and air on the side of protecting the public trust and avoiding an appearance of corruption, undue influence or bias.”
A 2014 bankruptcy case filed by Anaya and his wife also has become an issue in the campaign.
In a motion to dismiss the case, the U.S. trustee assigned to oversee the matter said Anaya and his wife were abusing the bankruptcy system. The motion said the Anayas’ household income
was well above the state’s median income, that they had miscalculated their expenses and had incurred “excessive and unreasonable” expenses, like buying a Harley-Davidson motorcycle, a trailer and a mobile home.
Anaya and his wife agreed to dismiss the case, which was dropped in 2015, court documents show.
Asked about the bankruptcy filing, Anaya said he owned a business at the time and owed a large debt to vendors that had gone into bankruptcy themselves.
“Did I file? Yes, I did,” Anaya said. “At that time I was advised by attorneys that that was the best thing to do, and that’s all I’m going to comment on it.”