David S. Campbett g Attorney at Law S Suite 500 3 6100 Uptown, NE 2 Mbuguerque, NM 87110 = November 23, 2009 ‘VIA HAND DELIVERY The Honorable Brad Winter Couneilor-elect Dan Lewis CCouncilor-clect Michael Cook “Albuquerque City Couneil P.O. Box 1293 “Albuquerque, NM_ 87103 Re: Response To Your October 24 Letter ear Gentlemen Tie is written in response to your October 24, 2000 Teter in which yon requested answers to certain questions concerning my suitability for appointment tothe Chief ‘Administrative Office position, ‘Thank you for the opportunity to respond to your questions, Inthe normal course of events, I would have responded sooner. However, as you know, ‘my mother passed away suddenly and unexpectedly two days prior to my receiving your letter, My family and Ihave been grieving, andl preparing for her memorial service. 1 ‘know you will understand the difficulty of such times and the delay in responding, ‘To fully and properly answer your questions it i important for you to have a context concerning my prior work with the City of Albuquerque both as an employee and as a Volunteer I set out below information about this followed by complete answers to your questions | have boen associated or involved with the City of Albuquerque municipal government almost coatinnously for 28 years. In December 1981, I began work as an assistant tothe ‘CAO and mayor in the Harry Kinney administration. Tn addition to handling constituent services, CAO Frank Kleinbenz asked me to start up the city’s first vehicle emissions inspection program and also to run a “Jobs for Albuquerque” project during the 1982 ‘economic downturn, Iwas also involved in the open space acquisition program which ‘resulted inthe city saving the Elena Gallegos Tract (the west face ofthe Sandias) from‘development, I served the Kinney Administration fortwo years before leaving to attend [UNM School of Law. ‘During and following my law school education I worked asa volunteer with City Councilor Tom Hoover and City Attorney Pat Bryan in the development and implementation ofthe “Quality of Life Quarter Cent” tax initiative, It was through this program thatthe City of Albuquerque was able to fund and build some ofits most valuable assets:-the BioPark, the Aquarium, Botanic Gardens and Explora Science Center and Children's Museum. ‘The Initiative also funded additional open space acquisition, publie works projects and augmentation of the police force. Following law school in 1986, I worked with attorney John Myers in a mnicipal land use and real estate law practice. I assisted clients with a broad range of zoning and cnttlement issues often dealing with th city and county. served as a volunteer with the 1989 City Charter Tesk Force, and founded the volunteer Good Goverament Group, ‘hich focased on reforming local government processes to benefit taxpayers. In 1989, Mayor Louis Seavedra asked me to serve as Albuquerque City Attomey and the City Couneil approved my nomination I served from December 1, 1989 to November 30, 1993, In that capacity I led the city’s Logal Department, which included the Office ofthe City Cleek. We prodiced the first-ever bilingual city charter andthe fist ethios handbook for city officials and employees. [attended and participated in nearly every City Council meeting for four years as city attorney. As City Attomey, I represented the Gity of Albuquerque before every court local, state, and federal - as well as numerous administrative and quast-judicial bodies. Upon leaving the Office of City Attomey in 1993, | focused my law practice on land use, zoning, and real estate, Frequently, I had clients who were in some administrative approval process with the City of Albuquerque, Bemalillo County or another local ‘government. At times I represented businesses and neighborhood or homeowners associations {In 1996, the run-off election provision of the Las Cruces ity charter was declared ‘unconstitutional under the New Mexico constitution. ATbuguerque’s charter had a similar run-off election requirement as Las Cruces, Rather than allow the upeoming ‘Albuquerque 1997 mayoral election to end wp in cour, I voluntarily became the plaintift ‘and attomey in « declaratory judgment action concerning the ATbuquerque charter's run (off lection requirement. The Campbell v Santillanes decision determined that the cchartee's run-off election requirement was unconstitutional. Albuquerque then had two ‘mayoral elections without the possibility of run-off elections. During each of the next seven years following the 1997 court dovisioa, I served as a volunteer lobbyist to encourage the New Mexico Legislature to passa resolution leading to ety govemments being allowed to have run-off elections. Ulimately, we were successful and run-off elections were restored to city government in time for the 2005 mayoral election.In 1999, I served asthe volunteer chair ofthe 1999 City Charter Task Force. ‘This ask farce recommended a number of changes to the Albuquerque city charter, most of which were adopted by the citizens atthe pols. [also scrved as the volunteer chair of 1999 statewide effort to change the New Mexico state constitution to allow unitary votes within counties for the merger ofety and county governments. In the November 2000 genera election, the New Mexico constitution was changed to allow, among others, Bernalillo County an the City of Albuquerque to begin ‘a provess of unification of ety and county governments. I was eppointed to serve on a volunteer task force developing an urban county charter. I participated in the meetings concerning a potential city-county merger and was the volunteer campaign char forthe ‘unificetion election. Although the election did not result in a merger ofthe governments, ‘we educated many citizens on the benelits of such a consolidation. Ireeeived no compensation for my work on potential consolidation of the governments. That same year, also served as a volunteer atlomey in an effort to overturn the New Mexico Public Regulation Commission's decision to assign the 50S telephone area code to the southern and eastern areas of New Mexico forcing Albuquerque and Santa Fe to cept the burden and expense of changing thoir area code. | appealed the decision to the [New Mexico Supreme Court, Uiimately, the PRC rescinded the decision and several years later decided to keep the S05 ares code in Albuquerque and Santa Fe while ‘assigning a new area code tothe other areas of the state. I received no compensation for sy work on this successful project. mn 2001, a the request of then-Mayor Jim Baca, I represented him pro bono to the New ‘Mexico Supreme Court in an attempt to overturn the recently passed concealed carry hhandgun statute, The Supreme Court struck down the aw. The following year, the Legislature amended and passed a new concealed carry law, which was upheld by the Cour. ‘As a result of my unpaid advocacy on governmental reform, city-county consolidation, ‘and other matters, the New Mexico State Bar in 2004 awarded me its prestigious “Courageous Advocacy Award” have continued my volunteer advocacy and service in recent years. When Councilor Brad Winter passed legislation calling for a 2008-2009 City Charter Task Force, | was appointed tothe panel by Councilor Jones, and served actively. The Task Force recommended nine potential charter amendments, all of which passed the electorate in 2009, Even though it was not required, I wrote a newspaper op-ed article encouraging voters to change the method by whic councilors and mayors are compensated. Even this ‘controversial provision was approved by the electorate, “The questions you have asked are set out below in italics, followed by the response:1. Please disélose whether you have represented any developer or person with a “financial interest inthe placement of an arena in downtown Albuquerque, including Jim Baca, And, iso, what compensation you received from that ‘representation. { have not personally represented any developer or person witha financial interest concerning the placement of an atena in downtown Albuquerque. I have also received no compensation for any such work. To my knowledge no member of my former law firm ‘has ad such representation either. 2, Please disclose whether you have represented HDIC or the Downtown Action Team, or any member of either organization or financial backer of ether organisation. Ifyou have, please indicate what compensation you received from that representation. [have not represented HDIC or the Downtown Action Team. Ifyou would provide me ‘with a list of each organization's members or financial backers, I could lt you know ‘whieh, ifany, individuals I might have represented on any issue separate and apart from the downtown issues of which you reference. At the present time I am unaware of any such representation by myself or members of my former law firm. 3. Please disclose the number of sults you fled against the City inthe last 10 years including administrative and eases inthe district court, have never Sled cases “against the city,” in the sense of making claims for ‘compensation or damages. I do not practice in the area of personal injury law, tort claims, or civil rights, and never have, My legal practice has been focused on real esate ‘and specifically zoning and and use law. To the best of my recollection and the records ‘available to me, there have heen four times in the lst ten years in which my clients have ‘chosen to appeal final zoning of land use decisions ofthe city fo state District Court. In none of these appeals has my client ever sought damages or compensation from the ety. ‘The appeals of which I have records are as follows: General Growth Properties, LLC: Although this was an administrative appeal, ‘and not technically a lawsuit, I represented General Growth Properties, Ine. (“GP”) ina Rule 1-074 administrative appeal review when GGP challenged the city’s decision to reverse the EPC approval of a new site plan for Coronado Shopping Center, This matter ‘was concluded in 2004 when the court determined that the city’s actions were not arbitrary. Inthe years since this decision, and in no small part because of the court decision, the city of Albuquerque bas written and adopted a revised Uptown Sector Development Plan, which Plan was a central issue in the General Growth appeal,b. Hernandez & Homebuilders: I represented Mr. Hemandez and the Home Builders Association of Central New Mexico when they challenged the city's interpretation of the Impact Fee Ordinance concerning vested rights. This administrative appeal is still pending in the District Court awaiting a ruling ina separate vested rights, ‘appeal from the New Mexico Court of Appeals & _Adeveo Development Co,: Aithough this was an administrative eppeal and not technically a “lawsuit,” represented. Adevco Development Company in a Rule 1-074 ‘administrative record review when it challenged the city's deision to rescind a building permit and prohibit the construction of Adeveo's Coffee Shop near University New ‘Mexico, The appeal was concluded when the court determined thatthe City made its decision based upon substantial evidence in the record 4 id Gold, LLC: Although ths was an administrative appeal and not technically a lawsuit, [ represented Solid Gold Classic, LLC in a Rule 1-074 administrative record appeal when it challengod the City’s decision to reverse the EPC and not approve a site development plan fora shopping center. The matter was concfuded in 2003 when the ‘Court determined thatthe City's action was supported by substantial evidence inthe record, The shopping center has since been epproved by the ity and built. 4. Please confirm that you have represented General Growth Properties, In. ‘Adeveo Development Company, Solid Gold Classic, LLC, and the Home Butlders Assoctation of Central New Mexico tn lawsuits eguinst the City Please confirm thatthe City's decision that you challenged in each ofthese ceases was upheld by the court ‘These four appeals (not lawsuits) and their outoomes are set out in response to question 3 above. 5. Please indicate how much you were compensated for each lawsuit and ‘whether your elfent was required to reimburse the city forthe costs of defending itself Until the law firm dissolved on September 30, 2009, Iwas a salaried employee ofa private law firm, Vogel Campbell & Blueber, PC, and was not separately compensated for outcomes of cases or appeals. Clients pid my law firm for legal services based upon hourly billings ofthe lawyers and staff working on a matter. Ihave never represented clients on any contingent feo bass or in any manner dependent on the outcome of a matter. The city isnot entitled to reimbursement for any Rule 1-074 administrative appeals except forthe cost of the administrative record which was paid in full in each appeal, based upon an invoice from the city 6. Please confirm that you are registered lobbyist for the Homebuilders “Association anu! NAIOP and indicate any other organizations that you havelobbied for. Please indicate how long you have lobbied for these interests and how much you were compensated for this work. have served as an attorney atl representing the Homebuilders Association of Cental ‘New Mexico (HBACNM), the National Assocation of Industrial and Orfice Properties (NAIOP) and forthe New Mexico Restaurant Association (NMRA). In my role as an atiomey, Ihave “provide( dl only orl or written pli testimony in connection with a ity Council or Committee or ina rulemaking proceeding and whose namie andthe interest on behalf of which [I] testified] have been clearly end publicly identified.” See City of Albuquerque Lobbyist Registration Ordinance (the Ordinance) section 2-3-3 (7) R.0, 1994, Additionally, Ihave been a “witness called by a Council Committe ot administrative department to appent before that committe or department in conection ‘with legislation or an oficial action." Ordinance, Section 2-3-3(6) These activities are ‘empted from the definition of “lobbyist under the ordinance. Notwitkstanding these exemptions andthe fat tat didnot engage in “1obbyng,” a “lobbyist campaign,” or swork fora “lbbyist organization” ora "obbyist employes,” I nevertheles filed lobbyist reistration statements with te City Clerk's Office on preseribed forms, Such Tepstation statements were filed in an abundance of caution inthe event that my activities ever became “lobbying” or"abbyist campaigning” a those terms are defined inthe Ordinance, Inthe end, my legal presentation was not “lobbying” as defined in the Ordinance. Throughout my egal representation of these entities, I worked asa salaried employee and lawyer ofthe Voge! Campbell & Blusher, PC law frm and was nt compensated for obbying, 2. Please provide lobbyist disclosure forms indicating how much you spent labying and wo you spent that money on. have not engaged in lobbying, have spent no money on lobbying, and have filed no forms. Furthermore, the City of Albuquerque has not issued lobbyist disclosure forms. “The City Clesk’s Office apparently docs not require such filings. IFsuch forms had been ‘promulgated by the city, I would have filed them showing no expenditures for lobbying, 8 Please confirm how much you were compensated by the Cty of Albuquerque or Jim Baca, in his personal capacity (not asthe Mayor), in the lawsuit that sought repeal ofa City ordinance permitting interested persons to carry a concealed weapon. Tere isnot now nor has there ever been a “City ordinance permitting interested persons to cary. concealed weapon.” I represented Mayor Baca in his personal capacity inthe ‘New Mexico Supreme Court on a wait of prohibition action challenging the NM Legislature's passage of an unconstitutional “concealed carry” statute. As a result ofthis challenge, the cour struck down the concealed carry law. I served as a volunteer, pro ‘bono, eitomey in the matter and neither my law firm nor I received any compensation for the work9. Please name all political organlzations that you have worked for and what ‘you were compensated for that work. "The use ofthe term “political organizations” is uncleer, and is not defined in ether City Ordinance or New Mexico state statue, Ift is intended to mean “politica parties,” I have never worked for politcal party or been compensated by one. If iis intended to ‘mean entities that engage in politcal advocacy, Ihave served as a volunteer with the Tocal Good Goverament Group (1986-1989) and served as a member of the Governing Board of Common Cause/New Mexico (1981-2005). As noted above, I also worked as & voluateee to consolidate city and county governments, and to repeal the PRC's decision ‘nthe “S03” area code matter. I've never been compensated for my politcal advocacy, ‘community, or volunteer work: 10. Please identify all parties, regarless of type (individual, LLC, corporation, ‘association, for profit, non-profit), on ether side of any case You have served as an attorney against the City of Albuquerque, including any matter (whether finalized or not) related tothe City’s laws, rules, ordinance, zoning, or regulations for the pas ten years ‘The Rules of Professional Conduct which governs lawyers admitted to practice in New Mexico as well as cout rules on the atomey-client privilege prohibit a lawyer's disclosure of certain attorney-client privileged information, incloding the identity of clients who have not consented to such public disclosure. See Rule 16-106 NMRA. The Tist of clients inthe respouse to paragraph 3 above is what I believe to be the complete list ‘of “eases” (ce judicial cases) in which I have represented parties adverse tothe City of ‘Albuquerque. AS noted therein, these were each administrative appeals of decisions of the City. “The majority of my work for liens has not involved work that is adverse tothe City, or, to-use your term, “against the City of Albuquerque.” In fact, asa lawyer practicing. ‘municipal and administrative law, the city or its various agencies, boards and commissions have been the quasi-judicial decision-making body or enforcement entity before whom my clients are required to appear forthe grant of some public right or benefit In effec, the Albuquerque city government, including certain agencies (Le, Purchasing Division), boards or commissions (.e., Zoning Hearing Examiner (ZHE), Environmental Planning Commission (EPC), Bosrd of Appeals (BOA), Land Use Hearing Officer (LUHO), and City Council), and city staff (.e., Development Review Board (DRB)) has served a3 “judge and jury” of matters my clients present tothe City, all in accordance with the city’s requirements Because the city is the decision-maker in theso matters, my legal clients cannot be ‘considered to be “‘agninst the City of Albuquerque” as they are simply making application ‘or rights and permissions that are isued atthe City’s discretion and in accordance with city lawsT understand from public comments made concerning my nomination as CAO that there have been unspecific allogations of ‘conflicts of interest”. The City of ATbuquerque has avery specific law and procedures related to conflicts of interest by employees. Its found at section 3-3-1 et seq of the Revised Ordinances. In particular, section 3-3-5 addresses conflicts of interest involving employees, as follows 3-3-5 Conflict of interest; Employees (A) An employee shall disqualify himself or herself fom participating in any offical act directly affecting a business fn which he or she has a financial interest. No employee shall acquire a financial interest at atime when he or she believes or has reason to believe that it will be directly affected by his or her official ec. (B) Every employee who has a financial interest which he ‘or she believes or has reason to believe may be affected by ‘an official act taken within the seope of his or her ‘employment shall disclose the precise nature and value of such interest. The disclosures shall be made in writing to the City Clerk atthe time the confit occurs and during the ‘month of January every year thereafer. Additionally, it sll be the duty of an eaployee to inform his or her ‘department head of such a financial interest tthe time he ‘or she acquires it. The information onthe disclosures, ‘except for the valuations attributed to the reported interest, ‘hall be made available by the City Clerk for inspection to ‘any citizen ofthis State; provided, however, the valuation, shall be confidential. The filing of disclosures pursuant to this section is a condition of entering upon and continuing in city employment (C), The city shall not enter into any contract with ‘business in which an employee has a controlling interest involving services or property ofa value in excess of 1,000 unless the contract is made ater public notice and ‘competitive bidding or the Chie Administrative Officer thas made a written waiver of this prohibition; provided that this subsection does not apply toa contract of employment ‘with the city. (©) Any purchase order or contract entered into by the city with a business in which an employee ofthe city has a controlling interest is void if the employee filed to complywiththe provisions of this Section prior to the city entering. into such contract or purchase order Thave thoroughly reviewed the City's Conflict of Interest prohibitions and ean plainly ‘and categorically state that Ihave no such conflicts, Furthermore, I shall make and file ‘such a written statement with the clerk upon entering into city employment all in ‘accordance with the Conflict of Interest Ordinance. have invited each of you to meet with me to discuss my nomination as CAO. Twas pleased to meet with Councilor-elect Cook on October 19, 2009. Councior-elect Lewis ‘has declined my invitation for a meeting, and Couneilor Winter has not responded to my ‘offer to meet, Tremain willing and available for meetings st your convenience to fly ‘discuss this matter and to answer any questions you may have, Please contact me directly ifyou have further questions, or if may clarify anything set forth above. Best wishes. A Af cx: All City Councilors Mayorveleot Richatd Beury