{"id":1205,"date":"2007-02-05T18:02:00","date_gmt":"2007-02-06T00:02:00","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/2007\/02\/commission-formally-censures-treasurer-demands-restitution-for-illegal-use-of-county-resources\/"},"modified":"2007-02-05T18:02:00","modified_gmt":"2007-02-06T00:02:00","slug":"commission-formally-censures-treasurer-demands-restitution-for-illegal-use-of-county-resources","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2007\/02\/commission-formally-censures-treasurer-demands-restitution-for-illegal-use-of-county-resources\/","title":{"rendered":"Commission formally censures treasurer, demands restitution for illegal use of county resources"},"content":{"rendered":"

\"\"<\/a>The Do\u00f1a Ana County Board of Commissioners voted today to formally reprimand Treasurer Jim Schoonover<\/a> for illegally using county staff and equipment to benefit the Elks Lodge and other issues, and to demand that he reimburse the county $1,500. <\/p>\n

<\/o:p><\/p>\n

Commissioners voted 4-1, with Kent Evans<\/a> casting the dissenting vote, for the formal censure.<\/p>\n

<\/o:p><\/p>\n

The vote came after Schoonover, through his attorney Paul Rubino, refused to respond to a multitude of charges of improper and illegal conduct. Rubino said he would not do so because County Attorney John Caldwell accused his client last year of committing a felony crime by purchasing, with county money, pencils that were similar to his campaign materials.<\/p>\n

<\/o:p><\/p>\n

\u201cI told him to say nothing. You have constitutional rights allowing you to say nothing,\u201d Rubino said.<\/p>\n

<\/o:p><\/p>\n

That began an emotionally charged discussion that included raised voices, threats and tears. It ended with the vote to censure after at least two commissioners essentially offered Schoonover the chance to avoid a reprimand if he would agree to repay the county for the time and materials.<\/p>\n

<\/o:p><\/p>\n

\u201cJim, I\u2019m begging you,\u201d Commissioner Bill McCamley<\/a> said. \u201c\u2026 If this doesn\u2019t get fixed, you\u2019re going to force our hand.\u201d<\/p>\n

<\/o:p><\/p>\n

Rubino refused to commit to restitution.<\/p>\n

<\/o:p><\/p>\n

It\u2019s the first time in recent memory that commissioners have voted to censure a county official.<\/p>\n

<\/o:p><\/p>\n

The evidence and the findings<\/span><\/p>\n

<\/o:p><\/p>\n

The commission\u2019s vote was backed up by substantial evidence that Schoonover directed county employees, on county time and using county equipment, to type and e-mail agendas, minutes and other documents pertaining to the Elks Lodge, in addition to graduation announcements and a r\u00e9sum\u00e9 for his son.<\/p>\n

<\/o:p><\/p>\n

In response to a records request, the county released copies of dozens of e-mails sent from a former employee of the treasurer\u2019s office to an Elks Lodge official in which she details work she did for the lodge at Schoonover\u2019s direction, in addition to the documents relating to Schoonover\u2019s son. The documents she typed are attached to the e-mails, which were sent from her county e-mail address.<\/p>\n

<\/o:p><\/p>\n

The documents do not definitively prove that the work was done on county time, but do show that a county staffer used county equipment to type them. Caldwell<\/st1:place><\/st1:city> said interviews with that and another employee confirmed that it was done on county time.<\/p>\n

<\/o:p><\/p>\n

The complaint was first made to the county by members of the Elks Lodge.<\/p>\n

<\/o:p><\/p>\n

Other findings of the commission, in its censure, were that Schoonover failed to cooperate and provide information to the internal auditor, though state law requires him to do so; that he has failed to comply with state law governing the investment of public money and the county\u2019s investment policy, though he has been questioned publicly by McCamley and the commission on that topic before; and that he has failed to keep documents and other materials ready for inspection by the commission at all times.<\/p>\n

<\/o:p><\/p>\n

The censure related to the Elks Lodge issue also applies to Deputy Treasurer Jerry Wheeler. In 2006, Schoonover was the lodge\u2019s \u201cexalted ruler,\u201d or its leader, and Wheeler was its secretary.<\/p>\n

<\/o:p><\/p>\n

The findings of the county\u2019s Internal Audit Committee that led to the censure were first made public at the commission\u2019s Jan. 9 meeting, following a months-long investigation by the audit committee, county attorney\u2019s office and a private law firm. At McCamley\u2019s urging, the commission tabled a vote on the proposed censure until today\u2019s meeting to give Schoonover an opportunity to respond.<\/p>\n

<\/o:p><\/p>\n

Schoonover\u2019s attorney blames commission<\/span><\/p>\n

<\/o:p><\/p>\n

Rubino had a standoffish attitude from the start, telling commissioners they were to blame for the breakdown in communication. He also accused Caldwell<\/st1:city>\u2019s office of withholding documents \u2013 which Caldwell<\/st1:place><\/st1:city> disputed, and the two argued about throughout the meeting \u2013 and said the commission had to choose whether it would again open the door of communication with Schoonover or further slam it shut.<\/p>\n

<\/o:p><\/p>\n

He reiterated those statements when Commission Chairwoman Karen Perez<\/a> urged him to respond to the specific allegations.<\/p>\n

<\/o:p><\/p>\n

<\/span>\u201cI\u2019m asking you to try to work with us and try to give us something from Mr. Schoonover to allow him to continue to work and to continue for the next two years,\u201d she said.<\/p>\n

<\/o:p><\/p>\n

Rubino refused, and accused the commission of \u201cpersonal vendettas and partisan politics.\u201d He said the commission would be committing defamation if it approved the censure.<\/p>\n

<\/o:p><\/p>\n

\u201cYou\u2019re not going to get an answer, an admission, a mea culpa because of your own doing. We didn\u2019t start this fight. It\u2019s unfortunate,\u201d Rubino said.<\/p>\n

<\/o:p><\/p>\n

Rubino also urged commissioners to \u201cagree to disagree, make amends and move forward,\u201d saying \u201cwe either go forward or get worse.\u201d<\/p>\n

<\/o:p><\/p>\n

\u201cMr. Schoonover is willing to move forward from this point by overlooking all of this,\u201d he said.<\/p>\n

<\/o:p><\/p>\n

McCamley says politics not behind action
<\/span><\/p>\n

<\/o:p><\/p>\n

Commissioners expressed concerns about the precedent they would set by letting the concerns slide. When Rubino pointed to times in the past that county officials were not reprimanded for violating ethics, McCamley and Caldwell both pointed out that they were not part of county government at the time.<\/p>\n

<\/o:p><\/p>\n

When McCamley took office in 2005, he pushed for a rewrite of the code of ethics to toughen and clarify it in the wake of some of the controversies to which Rubino referred, but McCamley said the incident with Schoonover was the first since he has been on the commission.<\/p>\n

<\/o:p><\/p>\n

McCamley, a Democrat, took exception to the allegation of partisan politics. He pointed out that the county\u2019s audit committee, which recommended the censure, included former Commissioner Paul Curry, who, like Schoonover, is a Republican. He also called on Rick Merola, chair of the audit committee, who confirmed that he agrees with the committee\u2019s recommendation and is also a Republican.<\/p>\n

<\/o:p><\/p>\n

McCamley repeatedly tried to speak to Schoonover personally and cut off Rubino when he tried to interject. Schoonover kept his head down and didn\u2019t say a word during the hearing, and the commission finally had to accept the statements of Rubino.<\/p>\n

<\/o:p><\/p>\n

McCamley attempted to address Rubino\u2019s concerns by admitting to \u201coverreacting\u201d when Caldwell<\/st1:place><\/st1:city> first accused Schoonover of a felony related to the pencil issue, but pointed out that it wasn\u2019t until he complained publicly that Schoonover repaid the county for the pencils.<\/p>\n

<\/o:p><\/p>\n

Still, McCamley apologized for his harsh reaction to that situation.<\/p>\n

<\/o:p><\/p>\n

He also admitted that it was he who, along with Curry, grilled Schoonover in public about problems with the investment adviser Schoonover hired last year \u2013 problems Schoonover later agreed with \u2013 and pointed out that, as a result of his questioning, Schoonover has agreed to work more closely with the investment council.<\/p>\n

<\/o:p><\/p>\n

\u2018It could have been solved with restitution\u2019<\/span><\/p>\n

<\/o:p><\/p>\n

\u201cI\u2019m not accusing your of criminal stuff,\u201d McCamley told Schoonover about the newest allegations. \u201cI think some mistakes were made. We all make mistakes.\u201d<\/p>\n

<\/o:p><\/p>\n

Evans, a Republican, agreed, and used that to argue against a formal censure.<\/p>\n

<\/o:p><\/p>\n

\u201cI think it\u2019s time to let bygones be bygones,\u201d he said. \u201cMr. Schoonover has far received punishment just by what\u2019s been going on.\u201d<\/p>\n

<\/o:p><\/p>\n

It was Caldwell<\/st1:place><\/st1:city>, even after his testy exchanges with Rubino, who suggested to commissioners that \u201cthe lesson has been learned\u201d and they should seek restitution only, rather than repayment and a formal censure. He recommended against reporting the situation to law enforcement, saying he believed Schoonover didn\u2019t intend to do anything wrong but simply didn\u2019t understand the law.<\/p>\n

<\/o:p><\/p>\n

Perez said she agreed with seeking restitution only. McCamley then asked Rubino if he would agree to discuss, with Caldwell<\/st1:place><\/st1:city>, an amount to be reimbursed, and if Schoonover would commit to reimbursing that amount.<\/p>\n

<\/o:p><\/p>\n

Rubino said he would be happy to speak with Caldwell for as long as commissioners wanted, saying he got paid more if he talked more, but added that he would make \u201cno promises\u201d about Schoonover agreeing to repay some amount of money.<\/p>\n

<\/o:p><\/p>\n

That\u2019s when McCamley made the motion, seconded by Oscar Vasquez Butler<\/a>, for the formal censure. Rubino and Schoonover left the room without a word immediately after the vote. Perez asked for a recess and left the room with what appeared to be teary eyes.<\/p>\n

<\/o:p><\/p>\n

McCamley, Evans and Commissioner Dolores Salda\u00f1a Caviness<\/a> appeared visibly frustrated after the vote.<\/p>\n

<\/o:p><\/p>\n

\u201cI really think it could have been resolved with restitution,\u201d Evans said. \u201cI think it would have been over.\u201d <\/p>\n","protected":false},"excerpt":{"rendered":"

The Do\u00f1a Ana County Board of Commissioners voted today to formally reprimand Treasurer Jim Schoonover for illegally using county staff and equipment to benefit the Elks Lodge and other issues, and to demand that he reimburse the county $1,500. Commissioners voted 4-1, with Kent Evans casting the dissenting vote, for the formal censure. The vote […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1205","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/1205","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=1205"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/1205\/revisions"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=1205"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=1205"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=1205"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}