Officials from the city employee’s union and the city of Española are wrestling with questions about the role of the union president and his position in city administration.
Internet Services Manager Joaquin Maestas is the president of the American Federation of State, County and Municipal Employees Local 1188, representing city employees.
City Manager Kelly Duran said Maestas’s role as Internet Services manager could create a conflict of interest.
“He is a departmental manager and has access to anything and everything in the digital realm,” Duran said. “He can go read anything or could delete anything without anyone knowing he is doing it.”
But Maestas said he is a department manager with no employees and lacks access to some documents. He has been the union president since 2006.
“I am called the manager, but I don’t manage any employees,” he said. “And most of our records are public record, and anything marked confidential, I do not have access to.”
Duran said Maestas does not attend leadership meetings or have any input into decision-making involving employees, but worries about his access to information.
“In any employee dispute, I am not the first person involved, because I am the first level of appeals and he is their first line of defense,” he said. “But I am concerned about his access to confidential information no matter the context and that compromises the process.”
Maestas said he passed a litmus test with the New Mexico Public Employee Labor Relations Board.
“The state deemed it OK for me to fill this role when the city challenged it many years ago,” he said. “And it’s not like anything stays a secret in this town, eventually everyone knows.”
City Attorney Frank Coppler said he hasn’t been involved in any discussions about Maestas.
“I haven’t been asked to do anything with the union,” he said. “But if there is an issue, I will do my research and see what the Labor Relations Board has to say about it.”
New Mexico Public Employee Labor Relations Board Executive Director Thomas Griego said he has not received any action coming before the Board.
“I cannot give an opinion about this because if an action is filed, I would be the hearing officer,” he said. “There is more than one exemption someone must fall under to have a manager’s role and still be able to be a part of the Union. I would examine all those exemptions and make sure the regulations are being followed.”
Duran said city officials are reviewing the matter and determining the course of action.
“We want to maintain our relationship with the Union and have an open door policy and ensure all employees are treated fairly,” he said. “Now what that means for Joaquin’s role is still to be determined.”
Maestas said being the union president hasn’t done much for his career.
“It’s tough to be the person who is pointing out mistakes and making sure everything is in the open,” he said. “But I love it here and want to continue to help the city employees be treated fairly.”