The Chair of the Otero County Commission is under fire for comments at a meeting earlier this month.
Ronny Rardin told county resident John Turney “…when you tell me I’m doing something wrong…drop dead.” Turney was complaining about an incident in which Rardin earlier this year suggested more legal work be given to Blair Dunn, the son of State Land Commissioner Aubrey Dunn. Rardin’s suggestion was not adopted by the commission. But it has come under fire because Rardin did not disclose in the meeting that he was working for the Land Commissioner under a $7,500/month short-term contract.
In this month’s meeting, Rardin said that he could go “toe to toe” with Turney.
As a result, Turney said he felt Rardin was suggesting a fight. In an Associated Press story….Rardin said that was not the case, but in the same story, Rardin said he stood by his actions in the meeting.
It should be noted that Turney’s sister is a county commissioner as well. And in the meeting, Rardin said he did nothing wrong and could work for anyone except the county.
Turney is not the only resident who has complained about Rardin. Here is a letter sent by Otero County resident William Wheatley to the Attorney General regarding the Commission Chair:
February 23, 2015
The Honorable Hector Balderas, Attorney General
Criminal Investigations Division
111 Lomas Blvd., Suite 300
Albuquerque, NM 87102
The Honorable Timothy Keller, New Mexico State Auditor
New Mexico Office of the State Auditor
2540 Camino Edward Ortiz, Suite A
Santa Fe, NM 87507
Re: Ethics Complaint Concerning Aubrey Dunn, New Mexico Land Commissioner, Ronny Rardin, Chair of the Otero County Commission, and A. Blair Dunn, Attorney for Otero County.
Dear Sirs:
As Otero County residents, we request that you exercise your statutory duty to investigate apparent ethics violations by Aubrey Dunn, who is currently the New Mexico Land Commissioner, and Ronny Rardin, Chair of the Otero County Commission.
It appears that Ronny Rardin entered into a professional services contract with the State Land Office on January 2, 2015, at $7,500 per month, without benefit of a competitive bid process which is required of all public officials under GCA 10-16-7. Then on January 8, in an official public meeting, he made a motion to replace the current county attorney with Aubrey Dunn’s son, A. Blair Dunn, which would have resulted in approximately $15,000 to $20,000 monthly legal fees to A. Blair Dunn.
Legal Authority
Your office has statutory authority to “initiate investigations to determine whether any provision of the Governmental Conduct Act, Section 10-16-4 A, has been violated.”
As a public official it is unlawful to take an official act for the primary purpose of directly enhancing the public officer’s or employee’s financial interest or financial position. And, any person who knowingly and willfully violates the provisions of this subsection is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA . It is also unlawful for a state contract to be entered into with a public official without a competitive bid process.
At no time did Aubrey Dunn or Ronny Rardin make a full public disclosure of any real or potential conflicts of interest. They made no effort to make full disclosure a guiding principle for determining appropriate conduct. They apparently made no reasonable efforts to avoid undue influence and abuse of office in public service.
Mr. Dunn and Mr. Rardin are required by statute to treat their position as a public trust. “The public officer or employee shall use the powers and resources of public office only to advance the public interest and not to obtain personal benefits or pursue private interests.” NMSA 1978 § 10-16-3(A) (2011). Additionally, public officials “shall conduct themselves in a manner that justifies the confidence placed in them by the people, at all times maintaining the integrity and discharging ethically the high responsibilities of public service.” § 10-16-3(B).
It appears that the purpose of Aubrey Dunn giving Ronny Rardin a personal services contract, without competitive bid process, and Ronny Rardin’s acceptance of said contract was clearly to enhance Rardin’s as well as A. Blair Dunn’s financial position, which violates the Governmental Conduct Act.
The example detailed above is not believed to be the only violation of the public trust; upon further investigation, the Secretary of State’s Office, or a prosecutor, may discover more instances in which Aubrey Dunn and Ronny Rardin abused the trust the public has placed in them.
We request that you promptly begin your investigation and take swift action, including but not limited to, imposing fines, penalties, and referring the matter to the appropriate prosecutorial authorities as permitted in NMSA 1978 § 1-19-34.4(G).
Please acknowledge receipt of this complaint within two (2) business days. We look forward to your investigation.
Sincerely,
William J. Wheatley
Tularosa, NM 88352
Susan Wheatley
High Rolls, NM 88325
Editor’s note: One complaint in the letter involves the lack of a competitive bid. It should be noted that competitive bids are not legally required for all contracts in New Mexico.