The new Española Plaza director has a very close relationship with city government — his father is City Councilor Alfred Herrera.
Andrew Herrera, 34, began his new job Nov. 13. His duties include managing the Bond House museum, the Misión y Convento and the Plaza space itself. Herrera will earn $31,200 per year, only a slight step up from the $30,056 he was earning as the Española Municipal Court’s graffiti officer. No one else applied for the job, which was advertised internally.
Both Herrera and his father said if a particular Council vote presented a clear conflict of interest, Alfred Herrera would recuse himself.
“I don’t foresee it as being a problem due to the fact the governing body’s mainly there to set policy and to approve budgets and so forth,” Andrew Herrera said. “Business is business — to me, that’s the bottom line.”
Herrera, an artist who works in chalk, pencil and spray paint and has participated in two shows at the Misión, said his father is not his direct supervisor. City nepotism policy actually forbids immediate family members from being employed in any supervisor-subordinate relationships. But classified city employees like Herrera are hired and fired exclusively by the city manager, in this case Veronica Albin.
Albin said Andrew Herrera’s position is “three times removed” from supervision by the Council — he reports to a Community Services director (that position is currently vacant) who would report to Albin, who in turn reports to the Council. Albin said Council members know they are prohibited from having anything to do with classified personnel matters.
But City Councilor Danielle Duran said there’s still an inherent problem in employing the relatives of councilors.
“We’re not their supervisors, but staff know who the Council members are,” Duran said.
This is also the first time Herrera will be within the chain of command that leads up to the City Council. As an employee of the Municipal Court, he was under the authority of Municipal Court Judge Stephen Salazar, an elected official who operates separately from the Council.
Alfred Herrera said he would recuse himself from any votes that have a direct impact on a family member. But what about a city budget proposal that includes an increase for the Plaza’s bottom line, or includes a salary increase for all department heads? Herrera said that’s a little more complicated.
“Let’s say it comes in as a budget issue for all the department heads and a relative is part of that,” Herrera said. “I would really have to think long and hard if the perception of conflict of interest is there. I kind of view a little bit differently a department-wide initiative. I would probably be okay with that.”
Councilor Dennis Tim Salazar said it’s unfortunate that Andrew Herrera is related to a city councilor, because he’s a hard worker who would have earned the job on his own merits.
“I feel Andrew got into the position through his own qualifications,” Salazar said.
Albin said the hiring process by which Herrera was promoted is mandated under the union’s contract. Vacant positions must be advertised internally, and if current employees are qualified then they must be given preference, she said. Albin said the qualifications for the Plaza directorship were an associate degree or equivalent experience, along with basic job skills like the ability to coordinate activities and speak and write well.
Duran said Herrera has proven himself as graffiti officer. But she compared the situation to Alice Lucero’s dual role as mayor pro tem and head of an organization that receives city funds. Even if Lucero truly made a mistake when she over-billed the city (see story, page A1t), and even if Alfred Herrera could cast his vote without regard to his son’s interests, it creates a perception of bias, Duran said.
“You can’t avoid looking like you have a vested interest in those areas,” Duran said. “I can’t believe that neither Alfred nor Alice see that it’s not just what’s written down in statutes or ordinances — it’s the perception by the public and by our staff of whether we are being truly impartial or not.”
Duran said her sister, Clarissa Duran, has been qualified for certain vacant city jobs but declined to apply for them as long as Danielle serves on the Council.
Councilor Chayo Garcia said she was worried about Herrera’s hiring, and has purposely avoided any conflicts of her own.
“I have several family members that would be excellent at some of the jobs that are open, but I won’t even suggest it to them to go and apply — and I would tell them no,” Garcia said.
The Plaza directorship became vacant with the resignation of Leroy Garcia, who was temporarily doing triple-duty for the city as head of the Plaza, Community Services and public housing. Garcia has accepted a position as office manager for the First Judicial District Attorney’s office in Santa Fe.
The Court had not hired a graffiti officer as of Tuesday.