Albuquerque City Council President Brook Bassan is asking investigators to determine whether City Attorney Lauren Keefe violated conflict-of-interest rules by siding with Mayor Tim Keller’s lawyers in a months-long legal dispute over fire department staffing.
The council voted unanimously Monday to add the investigation request to the Jan. 5 agenda for formal consideration, following a closed executive session held under attorney-client privilege.
The investigation focuses on contracts showing Keefe played different roles for each side. The council’s outside counsel agreement with Bardacke Allison Miller LLP, signed in April, says, “due to the nature of the complaint, the City Attorney is conflicted from this matter.”
But the mayor’s contract with Modrall Sperling, signed in May, requires his attorneys to work “in conjunction and association with the City Attorney” and states she must review and approve pleadings.
“This information is incredibly concerning because the matters directly affect the Council’s legislative immunity, which is one of the most important powers of the Council,” Bassan said in a press release. “There’s a clear conflict of interest in these cases for the City Attorney, and if substantiated, this conduct would constitute a violation of City law, City Charter, the Rules of Professional Conduct, and would undermine the integrity of the City’s legal representation.”
In a statement, Keefe said she acted appropriately once the conflict arose.
“I take my ethical duties very seriously. As soon as this dispute arose, I informed Council that I had a conflict and could not represent it,” she said. “I then ensured that the City hired well qualified lawyers to represent the interests of all parties, including City Council.”
Keefe said she is not representing any party but has received updates on the cases. “These actions were not only appropriate, but I had a duty to do so in order to ensure the interests of the City were protected,” she said.
The legal battle stems from R-25-122, a resolution the council passed 7-2 in March requiring two paramedics on all Albuquerque Fire Rescue ambulances. AFR Chief Emily Jaramillo had proposed splitting paramedics between ambulances and fire engines at six stations to expand coverage, but the firefighters’ union opposed the plan.
After the council vote, Keller filed three legal challenges — an amended Prohibited Practices Complaint on March 7, a district court lawsuit for a declaratory judgment on March 14 and a separation-of-powers challenge before the Intragovernmental Conference Committee on April 1.
During the March 3 council meeting, when R-25-122 passed, Keefe told councilors, “When there is an action by the administration against a councilor, I will not be involved.”
The investigation request asks the Office of Internal Audit and Inspector General to determine whether cause exists to remove Keefe from office. Under the City Charter, the City Attorney can only be removed “for cause” by the mayor with two-thirds council concurrence after a determination by the Office of Internal Audit.
The City Attorney is nominated by the mayor and confirmed by the City Council. Under the Charter, Keller would need to renominate Keefe or nominate a new city attorney in his next term starting in January.