Embattled County Treasurer threatens to sue Doa Ana County

Embattled Doa Ana County Treasurer David Gutierrez is threatening to sue Doa Ana County, stating county leaders violated his rights and instigated criminal charges against him.

A grand jury indicted Gutierrez in March on allegations he committed public corruption and gross immorality by a public official.

The charges stem from accusations that Gutierrez offered a woman working in his office $1,000 to have sex with him. The incident allegedly took place in 2014 after the employee came up $175,000 short in her cash drawer. However, charges were not filed until after county officials formally requested that the district attorney’s office investigate. This after Gutierrez refused to resign.

The county later gave that employee $68,000 in a settlement.

The ABC-7 New Mexico Mobile Newsroom got a hold of the Tort Claim Notice Gutierrez sent to Doa Ana County Clerk, Lynn Ellins.

In the letter, Gutierrez states county commissioners and County Manager Julia Brown forced the New Mexico Association of Counties (NMAC) to hire an attorney to file a lawsuit. He states they did it to force Gutierrez to pay the cost of settling the case with the said employee, adding they knew that there was no legal basis to require Gutierrez to reimburse the county.

“This was done as part of their effort to harass me and apply pressure against me for refusing to resign from my position,” the letter states. He goes on to say “I write you this letter to let you know that I may sue the county and anyone within the county for violating my rights.”

ABC-7 spoke with County Manager Julia Brown about the potential lawsuit. She said she is “very confident the county has done all it that it has the statutory authority to do, with respect to the actions taken by Mr. Gutierrez.”

Brown added that after conferring with NMAC, the county feels “very confident that its appropriate to us to seek to recover from him (Gutierrez) funds that the county and the NMAC have had to pay out as a result of the inappropriate activity on his part.”

Gutierrez states he his hoping to resolve the matter without litigation.

If convicted as charged in the criminal case, Gutierrez could face up to 18 months in prison.

An election will be held in November to replace Gutierrez’s position as county treasurer. Democrat and Chief Deputy Treasurer Eric Rodriguez will face former chief deputy treasurer Jill Johnson in that election.