BERNALILLO COUNTY, N.M. – Can a former county elected official leave office and then be hired as a regular county employee?

That is the question at the center of a battle in Bernalillo County government right now. 

“It’s about good government, making sure you don’t have a revolving door,” said Eric Olivas, chair of Bernalillo County Commission. 

“Linda was a very capable county clerk with lots of experience and lots of integrity,” said Tim Eichenberg, Bernalillo County treasurer. 

It’s a back and forth in Bernalillo County. Former county clerk Linda Stover’s time as an elected official ended on Dec. 31, 2024. The very next day, she was hired as the new full-time deputy county treasurer by new county treasurer, Tim Eichenberg. 

“I have taken that as the opportunity to hire Linda Stover, who is obviously incredibly experienced. The integrity is unmatched,” Eichenberg said. 

The problem with that is there is a Bernalillo County code that says former county elected officials, like Stover, cannot be hired by the county for at least a year after leaving office. 

“She has accepted this position with the treasure that she is not allowed to accept,” said Olivas. 

The board of county commissioners, and Olivas, filed a code of conduct complaint against Stover.

“She is free to volunteer her time with the county. She is free to participate as a public citizen. But she cannot accept payment for it,” Olivas said. 

But Eichenberg says state statute overrules county codes, and points to a recent opinion from state Attorney General Raúl Torrez that says:

“Elected county officers have the exclusive statutory authority to hire and supervise deputies and other employees of their office.”

“Why wouldn’t he want that for the county? Why throw away someone’s experience and background, like Linda Stover,” said Eichenberg. 

This week, Eichenberg filed a lawsuit in district court for a judge to rule on the manner. 

“It’s about applying this fairly and evenly,” Olivas said. 

“How do you and why would you not allow an elected official to continue to serve?” said Eichenberg. 

Next Friday there is a code of conduct review board meeting. According to the agenda item, the board is expected to take action on this hiring controversy. 

Eichenberg and Stover say they have not been contacted by the board’s investigator. 

Chair of Bernalillo County Commission, Eric Olivas, sent the following statement:

“Treasurer Eichenberg and Linda Stover believe they are above the law and are using a lawsuit filled with hyperbole and misinformation to avoid the real problem of a revolving door in the treasurer’s office. They believe that ethical conduct is optional for them. The Bernalillo County Commission is committed to providing the citizens of our county a government grounded in basic ethical principles. A one-year cooling off period for powerful former elected officials is basic good government. Treasurer Eichenberg and Linda Stover should comply with the Code of Conduct and stop wasting taxpayer money on lawsuits to defend their unethical behavior.”