Albuquerque City Councilor Dan Lewis is facing a new ethics complaint alleging he violated his 2024 ethics settlement by discussing Air Quality Control Board budget matters. Lewis says his questions were routine budget oversight that did not violate the agreement.
Former state legislator and attorney Daymon Ely filed the complaint Sept. 25 on behalf of Lewis’s challenger, Athenea Allen, just one month before the Nov. 4 election for the District 5 seat.
The complaint alleges Lewis improperly took part in discussions during a May 8 Committee of the Whole meeting, a budget workshop where councilors discuss spending but don’t take formal votes.
According to a transcript of the meeting, Lewis asked the city’s Environmental Health director about board meeting costs, special hearing budgets and whether Bernalillo County contributes to board funding. He did not discuss air quality regulations or board policy.
In a May 29, 2024, settlement with the Ethics Commission, Lewis agreed to “recuse himself — or formally step aside — from all matters that come before the Albuquerque City Council relating to the AQCB (or any successor entity to the AQCB), the (Albuquerque Pavement Association of New Mexico) APANM, or any APANM member.” The settlement covers the period while Lewis serves on the council and works for the asphalt industry group.
The dispute hinges on whether Lewis’s budget questions count as “matters relating to” the board under his recusal agreement.
In a statement to CityDesk, Lewis denied violating the settlement. He said his comments at the May 8 budget meeting were “routine Council budget oversight — not participation in Air Quality Control Board matters.” He said city attorneys reviewed his remarks and “were made with the advice and consent of City Attorneys — fully vetted, legal and entirely appropriate.”
He called the complaint “another frivolous stunt from far-left activists, a progressive wannabe opponent and their radical lawyer.”
Allen said in a statement to CityDesk that Lewis shows “a blatant disregard for accountability and the law. District 5 families deserve a councilor who puts our community first — not one who keeps getting caught up in scandals.”
“I do not work on any campaign. This is really about the credibility of the State Ethics Commission,” Ely said. “Councilor Lewis and the Ethics Commission worked a deal about a year ago. It was a substantial agreement signed by both parties. Mr. Lewis agreed not to be involved in any discussions about the Air Quality Board. He violated that agreement and should be held accountable. The Ethics Commission, as part of its responsibilities, should be vigilant in enforcing agreements made with public officials. Otherwise, the agreements have no meaning.”
The previous ethics case began in October 2023, when Lewis introduced legislation to temporarily halt the Air Quality Control Board and later to abolish and reconstitute it. Both measures passed the Council but were vetoed by Mayor Tim Keller.
At the same time, Lewis was negotiating a job with the asphalt industry group, whose members opposed the board’s air quality regulations that the board was considering.
In the 2024 settlement agreement, Jeremy Farris, executive director of the State Ethics Commission, said Lewis “likely violated” the Governmental Conduct Act by failing to disclose the potential conflict of interest.
The settlement stated Lewis would pay double the usual civil penalty if he violated the recusal agreement. The settlement did not specify the penalty amounts.
Lewis became the asphalt industry group’s executive director in January 2024 while still serving as council president.
The State Ethics Commission will determine whether Lewis’s budget questions violated the settlement agreement. Farris said staff do not ordinarily comment on pending complaints. No timeline was provided for when the commission might issue a determination.