Doa Ana County paid $68K to settle sexual harassment lawsuit against treasurer
A court document obtained by the ABC-7 New Mexico Mobile Newsroom revealed Doa Ana County paid $68,000 to the county employee whom County Treasurer David Gutierrez allegedly offered $1,000 for sex.
Commissioners Tuesday said they were disappointed Gutierrez refused to resign, even after admitting he made a mistake.
“It’s very disappointing to me that we continue to pay (his) salary and now we’ll pay the lawsuit for this activity,” County Commissioner Ben Rawson said.
Gutierrez is an elected official, meaning he cannot be fired by the county. He has repeatedly refused to speak with ABC-7 about the accusations, but did say in an interview with a local newspaper he decided not to step down because he believed he still had the support of the people who elected him.
“Absolutely astonishing that he states he doesn’t believe he’s done anything to merit resignation,” Rawson said. “Offering an employee, someone he’s there to protect, a thousand dollars to turn her into a prostitute, in my mind, certainly merits resignation.”
An investigation revealed Gutierrez’s alleged harassment of the employee at the treasurer’s office went on for a couple of years.
While driving her to the bank in 2014, Gutierrez allegedly offered the employee money if she would spend a couple of hours in a hotel room with him.
According to investigators who interviewed Gutierrez, the county treasurer said he knew he, “screwed up” but said he thought he was “giving her a compliment.”
In an interview with ABC-7’s New Mexico Mobile Newsroom, the employee said she felt powerless.
“I didn’t know what to do. I was ready to jump (out of) the truck. I was really afraid to lose my job. It was his word against mine,” she said.
Tuesday, commissioners asked the county’s legal department to look into the possibility of making Gutierrez pay the $10,000 deductible the county had to pay up front so its insurance could settle with the accuser.
“If nothing else, we should go after our deductible. If that’s the best we can do,” County Commissioner Wayne Hancock said.
