Nov. 21 – A retired state employee and union president has filed a complaint with the State Ethics Commission, accusing First Judicial District Attorney Mary Carmack-Altwies of violating state law by using her office’s Facebook page for political purposes.
Arcy Baca of Santa Fe — who worked for several government agencies, including the New Mexico Public Regulation Commission, and was president of a public employees union before his retirement in 2020 — filed the complaint Wednesday.
He accuses Carmack-Altwies of violating the New Mexico Governmental Conduct Act by posting political messages on her official Facebook page on Election Day. He notes in his complaint that the law prohibits public officials from using the power and resources of their office to obtain personal benefits or to pursue private interests, and “directly or indirectly coerce or attempt to coerce another public official or employee to do anything to pay, borrow or contribute.” be of value to a party, committee, organization, agency or individual for a political purpose.”
Carmack-Altwies posted a video on her official government Facebook page on Election Day supporting Democratic candidates, according to Baca’s complaint, which includes screenshots of messages.
“The video included the words ‘Proud Democrat,’ an image of Democratic presidential candidate Kamala Harris with the words ‘Thank You,’ and an image of a ballot with votes for Democratic candidates,” Baca wrote.
The ballot “contains the completion of a bubble for DA Carmack-Altwies himself,” the complaint says, adding that Harris’ endorsement “appears to have subsequently been removed.”
Baca is asking the commission to order the district attorney to issue a press release “recognizing that any expressions of support on behalf of the First Judicial District Attorney’s Office are contrary to state law.”
“This press release should also include a public apology to voters for deliberately misleading them and for the improper use of public resources,” Baca wrote.
His complaint also asks the commission to order her and “all staff involved in the unlawful post” to complete at least 20 hours of ethics and government conduct training and impose any fines.
Carmack-Altwies is a Democrat.
Baca described himself as a “staunch Democrat” but said the messages on Election Day rubbed him the wrong way.
“I don’t like people who think they’re above the law,” he said, adding that he’s “fed up” with other Democrats, including state lawmakers, “who hurt the Democratic Party by thinking they’re above everyone else.” to stand.”
“That’s why I did it,” Baca said. ‘Nothing personal. It’s just what she did, and it’s not cool. You cannot use state affairs for your own benefit.”
Baca said he was also dissatisfied with Carmack-Altwies’ performance as a prosecutor.
“She never takes responsibility for anything,” he said.
Carmack-Altwies did not respond to an email seeking comment Thursday.
The State Ethics Commission has the authority to initiate civil action in district court or refer cases to the attorney general or district attorney for civil action, according to law. The commission may also issue a temporary or permanent injunction or restraining order and impose civil penalties of $250 per violation; the fines cannot exceed $5,000.
It was unclear Thursday whether the committee has jurisdiction over the prosecutor.
Under the law that created the commission, it has jurisdiction over “state officials and employees of the executive and legislative branches of government.”
The Public Prosecution Service is part of the judiciary.
The statute also gives the commission the authority to adjudicate complaints regarding eight specific state laws, including the Governmental Conduct Act, and gives it jurisdiction over “candidates and other participants in elections.”
Commission Deputy Director Amelia Bierle, who also serves as spokesperson, declined to comment on the case Thursday but said jurisdictional issues are decided on a “case-by-case basis.”
Reviewing a complaint to determine whether the commission has jurisdiction is typically the first step in filing a complaint, she said.
If the commission has jurisdiction, Bierle said, the general counsel will conduct an investigation to determine whether there is probable cause to support the allegations. If the attorney finds probable cause, the case is then reviewed by a hearing officer.
If the hearing officer agrees that probable cause exists, Bierle said, the complaint is referred to a second hearing officer, who holds a hearing and issues an order, which can be appealed to the commission.
The process can take eight months to a year, Bierle said, but if reviews don’t find probable cause, a case “could probably be concluded in two to six months.”
This is the second time Carmack-Alwies – who ran unopposed for a second term in the general election after defeating her predecessor Marco Serna in the Democratic primary – has come under fire in connection with her Facebook account.
In 2022, the Attorney General’s Office agreed to pay $25,000 to settle a lawsuit filed by a man who said blocking her office’s Facebook page violated his right to free speech.
