May

7. 2013 Please see attachment 1 Please see attachment 1

Please see attachment 1

Please see attachment 1

Witnesses to these violations are identified in the emails attached.

Patrick Davis PO Box 4683, Alb. NM (505) 312-8509 Pat@ProgressNowNM.org

87196

ATTACHMENT 1 Board of Ethics & Campaign Practice, Complaint Form 1. Name of person charged with violation: a. City officials and employees: Mayor Richard J. Berry, Linda Rumpf, Chris Ramirez, Russ J. Bennett, Anabelle Romero, Lancing Adams, b. 2011 Bond Committee (Measured Finance Committee) Members: i. Terri Cole and Stephanie Cinocco of the Albuquerque Chamber of Commerce ii. Del Archuleta 2. Briefly explain the nature of the violation: During the 2011 municipal election, the treasurer and major contributors to the 2011 Bond Committee MFC coordinated, via city and personal emails, with city staff in city offices to direct city staff to use city office space, city computers, city email lists, and city-paid staff time to target select city voters identified as most likely to vote YES for bond questions. The MFC failed to declare the value of these in-kind professional services and staff time in its finance reports. Mayor Berry and other identified city officials, as defined by the election code, influenced support of other city employees for the MFC. 3. Please state which specific provisions of the Code of Ethics or Election Code or City Charter have been violated: Please see attachment 2, with highlighted portions identifying alleged violations. 4. Please state the facts you have regarding the violation: a. On or about September 30, 2011, the persons listed below engaged in ongoing email conversations about how to use city officials and employees to send emails to targeted city email subscribers, with the purpose of having those voters support the measure and vote. i. via email between Mayor Berry, Linda Rumpf, and Chris Ramirez (all city employees) and Stephanie Cinocco and Terri Cole of the Albuquerque Chamber of Commerce, Jay McCleskey, Del Archuleta, Dayna Crawford Gardner (all of the 2011 Bond Committee MFC), and other dates/time b. On or about September 23, 2011 Linda Rumpf, city employee, engaged in ongoing emails with members of the 2011 Bond Committee MFC regarding artistic renderings and fact sheets to be used by the MFC in mail pieces. Ms. Rumpf did research and provided numerous examples of renderings and fact sheets, prepared by city staff, which could be used by the MFC. c. On or about September 21, 2011 Linda Rumpf, city employee, engaged by email with a private vendor to obtain a price for a social media campaign to be used by the MFC. d. Ms. Rumpf then emails MFC member Del Archuleta and cc:s city employees Lansing Adams and Amber Terrasas telling the MFC member that they had worked with a private vendor to design a social media campaign, complete with a $2,250 budget, for use by the MFC. Rumpf directed the MFC member to use MFC funding to implement the plan.