Santa Fe – New Mexico’s highest court was urged Friday by Democratic state officials to quickly endorse a plan allowing Treasurer Robert Vigil to step aside with pay and have a gubernatorial appointee run the treasurer’s office while Vigil defends himself against federal charges that he extorted kickbacks from financial advisers.
Attorney General Patricia Madrid submitted a written document to the Supreme Court asking the justices to issue an order that would ratify an agreement worked out between her, Gov. Bill Richardson and Vigil – all Democrats.
The proposed agreement would move the treasurer out of his elective job without requiring him to resign or give up his $85,000 a year salary. Richardson would name a replacement, who would serve until the federal charges are resolved or a new treasurer is elected in 2006. Vigil’s four-term term ends next year.
Under the state constitution, the governor has the power to appoint a replacement for the treasurer when there is a vacancy – if a treasurer resigns or dies in office, for example.
However, there’s no clear direction in law what happens if a treasurer agrees to give up running the office day-to-day – almost like taking an administrative leave of absence – but won’t resign.
A provision in state law does say that if the treasurer dies, the deputy treasurer continues to run the office until his replacement is named. Currently, Deputy Treasurer Elaine Olah is running the office.
The attorney general told the court there will be a “de facto vacancy” if Vigil is temporarily recused from his job.
State Republican Party chairman Allen Weh has objected to the plan for Vigil to temporarily step down with pay, calling it a “sweetheart deal.” The GOP leader says Vigil should resign or face impeachment. Vigil, in a separate filing with the court Friday, expressed support for the proposal but his lawyer offered no legal arguments why the court should go along with the arrangement.
The justices did not take any action Friday other than requiring Vigil to submit a response and the attorney general file a memorandum explaining the reasoning for the request.
Vigil and former Treasurer Michael Montoya have pleaded not guilty to federal extortion charges. Prosecutors allege they demanded kickbacks from financial advisers, which they hired, in exchange for steering investment business through them. The advisers arranged for brokers to bid on state investments.
