On April 27, Bernalillo County Assessor Damian Lara filed a formal complaint with the New Mexico State Ethics Commission requesting an investigation into suspected violations of the New Mexico Government Conduct Act (GCA) by Bernalillo County Treasurer Tim Eichenberg. The ethics complaint takes the form of a letter to New Mexico Ethics Commission Director Jeremy Farris.
Following is the ethics complaint:
EEDITOR’S NOTE: Some legal citations and all attachment references have been deleted with bold highlights added by the editor for the sake of clarity and brevity for readers.
“Dear Director Farris:
I request that the State Ethics Commission investigate potential violations of the New Mexico Government Conduct Act (“GCA”). Specifically, I am concerned that Bernalillo County Treasurer Tim Eichenberg … violated his fiduciary duty as a public servant by taking official government action for personal gain. The GCA … prohibits taking official acts that directly and disproportionately benefit the financial interest of the employee, their immediate family, or a business they represent.
It appears Bernalillo County Treasurer Tim Eichenberg acted in his official capacity to benefit his family’s private business named NM Property Tax (“NMPT”). From NMPT’s website and New Mexico Secretary of State records, it appears Treasurer Eichenberg and/or his family possess a substantial interest in NMPT. Attachments 1-3 … prominently display Treasurer Eichenberg’s photograph and credentials with the phrase, “Odds are you are paying too much in property taxes!”. … Attachment 4 lists Sandra Eichenberg as an Officer of NMPT and Katy Fugate is listed as a Director of NMPT. My understanding is that Officer Sandra Eichenberg is Treasurer Eichenberg’s wife, and Director Fugate is Treasurer Eichenberg’s daughter.
NMPT is in the business of contesting property tax assessments in Bernalillo County and throughout New Mexico. Its website advertises as such stating:
We Can Save You Money!
Not all property taxes are created equal. You may very well be
Paying more than you need to. The good news is New Mexico Property Tax (NMPT)-the qualified property tax firm in New Mexico-can protest those taxes for you!
ODDS ARE YOU ARE PAYING TOO MUCH
IN PROPERTY TAXES!
There’s No Risk to You!
If we don’t save you money, it won’t cost you a dime! Our No-Savings No-Fee program guarantees no Hidden costs or upfront fees.
In 2025, NMPT represented at least seven clients before the Bernalillo County Valuation Protest Board … .The Board was created by statute as an administrative body to determine property tax protests. Board members hear and decide property tax protests submitted by property owners who dispute the valuation of their property set by the County Assessor’s Office. [State statute: NMSA 1978 7-38-2 IA(I).]
NMPT represented eight property owners on protest, and seven of those owners in front of the Board. … .
Treasurer Eichenberg’s name was listed on the signature line of several agent authorization agreements between property owners and NMPT, submitted to the Board, which also indicates his critical role with NMPT. … In all eight cases, the Assessor’s Office determined that the properties operated as full-time, short-term rental properties and should be classified as non-residential properties (i.e. commercial properties),rather than residential. This is significant because tax assessments of non-residential properties can be adjusted annually to reflect the value of the property, whereas residential property assessment may only be increased by up to 3% per year unless there is a change of ownership or other limited circumstance.
NMPT appealed a total of eight assessments by filing a protest, ultimately withdrawing one. NMPT argued these properties should not have been classified as nonresidential properties. … In all seven cases that proceeded to the Board, the Board affirmed the determination of the County Assessor and denied NMPT’s appeal that the properties be reassessed as residential. In the eighth case, Treasurer Eichenberg altered the property’s classification, receiving a financial benefit from the tax savings. Anyone who disagrees with a decision of the Board may file an appeal of that decision in the district court. NMPT failed to file any appeals to the district court. Treasurer Eichenberg … ignored the decision and orders of the Board to uphold the values and non-residential classification of the properties as determined by the Office of the Bernalillo County Assessor.
Instead, on October 27, 2025, Treasurer Eichenberg published a press release from his office indicating that he corrected “the classification of short-term rental properties on this year’s tax bill after they were reclassified as nonresidential by the county assessor.” … In a related document titled “Affidavit” and signed by him, Treasurer Eichenberg states in pertinent part that “I am aware that the Bernalillo County assessor has reclassified 2,000 single family homes as nonresidential and removed the 3% cap assessed values.” … He further states that “[i]n my current role as county treasurer and with authority given to me by state statute, I have attempted to correct the classification of nonresidential properties described as short term rentals by the county assessor, to residential.” Worth noting, I believe most other counties in the state classify properties used primarily as short-term rentals as none residential properties.
Contrary to state law, Treasurer Eichenberg changed the value and reclassified 1,047 non-residential properties back to residential status, which usurped the role and duties of the Assessor, and adversely impacted the County’s projected revenue by approximately $1.8 million. Attached [as an exhibit] … is the list of the 1,047 altered properties. There appears to be no statutory authority for his actions, and the statute upon which Treasurer Eichenberg relies explicitly notes that a difference of opinion is not grounds to alter the tax schedule.
Treasurer Eichenberg … also affirmatively stated in a press release on April 24, 2026 that “[i]f similar [changes in classification] are discovered on 2026 property tax bills, [the Treasurer] will exercise that same [alleged] statutory authority to resolve them.” The Bernalillo County Code of Conduct determines that an elected official “shall treat their position as a public trust, with a fiduciary duty to use the powers and resources of public office only to advance the public interest and not to obtain personal benefits or pursue private interests.” …
Treasurer Eichenberg or his family appear to have a financial interest in NMPT, a business whose main objective is reducing the property tax obligations of its clients. NMPT advertises that its fees are contingent on reducing its clients’ taxes.
Of the eight cases referenced above, Treasurer Eichenberg’s official action as County Treasurer reduced the combined tax obligations of those eight clients by almost $16,000, which, according to NMPT, likely resulted in fees from those property owners going to Treasurer Eichenberg or his family.
Even more troubling, Eichenberg’s family’s business model—fighting the County Assessor on property valuation—seems to be a walking conflict of interest to his potentially illegal actions as County Treasurer to change property classification and their valuations.
I believe Tim Eichenberg, in his official capacity as Bernalillo County Treasurer, personally intervened to reduce his clients’ tax burdens, to benefit his family’s own business. In doing so, he abandoned his public duty for private gain in direct violation of the Government Conduct Act. …
If the State Ethic’s Commission substantiates the violations I believe have occurred, I respectfully request the matter be referred to the New Mexico Department of Justice for further action. I stand ready to provide additional information or answer any questions the State Ethics Commission may have.
Respectfully,
Damian R. Lara
Bernalillo County Assessor
ADDITIONAL EVIDENCE SUBMITTED BY LARA TO ETHICS COMMISSION
On May 1, Bernalillo County Assessor Damian sent a letter to Jeremy Farris, the Executive Director of State Ethics Commission submitting further evidence of potential violations of the New Mexico Government Conduct Act (“GCA”) by Bernalillo County Treasurer Tim Eichenberg. The letter notes Treasurer Tim Eichenberg has made public comments that he and his family members sold their interest in the family business named NM Property Tax (“NMPT”) to avoid a conflict of interest once he became the Bernalillo County Treasurer.
The letter from County Assessor Lara to Director Farris of the New Mexico Ethics Commission states in part:
“… Treasurer Eichenberg became the Bernalillo County Treasurer on January 1, 2025. With this understanding, the enclosed document provides evidence which contradicts his assertion [that he and his family members sold their interest in the family business named NM Property Tax (“NMPT”).]
Specifically, on January 15, 2025, the Sandoval County Valuation Protest Board (“Sandoval Board”) heard a protest from Presbyterian Healthcare Services. The Sandoval Board made a ruling on February 10, 2025. For purposes of this matter, the following is relevant and contained in the Sandoval Board’s Decision and Order:
All applicable Statutes, Property Tax Division regulations, arguments and all the evidence presented at the hearing were fully considered by the Board and the Board being fully informed on the premise finds as follows:
… .
- The property owner (referred to herein as “Property Owner” or “Protestant”), was represented by Tim Eichenberg and Carolyn Winter from New Mexico Property Tax, appeared in person and were informed with respect to relevant statutes and Property Tax Division regulations governing proceedings before the Board.
… .
On August 1 1, 2025, Treasurer Eichenberg again appeared before the Sandoval Board, this time on behalf of Presbyterian Healthcare Services. In a recording of the proceeding, Treasurer Eichenberg can be heard saying that he negotiated a fee with Carolyn Winter, implying that he is now working for her. Carolyn Winter is purportedly the new owner of NMPT. Treasurer Eichenberg can further be heard saying that “Presbyterian has been wronged … .” In essence, it appears that Treasurer Eichenberg still had a business relationship with NMPT on this date and was advocating on behalf of Presbyterian Healthcare Services.
This information … provides evidence that Treasurer Eichenberg continued to be a part of NMPT after January 1, 2025. On information and belief, this was not the only tax matter in which Treasurer Eichenberg represented parties in protest hearings for NMPT.
… [T]his information raises the question whether Treasurer Eichenberg has recused himself from all matters involving Presbyterian Healthcare Services in Bernalillo County.
…
COMMENTARY AND ANALYSIS
The additional information provided in the May 1 letter to the State Ethics Commission by Assessor Lara regarding the Sandoval County Protest Board is a “smoking gun” revealing that Treasurer Eichenberg remained involved with the private consulting firm NM Property Tax in two separate Sandoval County Protest Board hearings, one on January 15, 2025 and the other on August 11, 2025.
FINDINGS OF FACT BY SANDOVAL COUNTY PROTEST BOARD
The decision and order dated February 17, 2025, makes the specific finding of fact that “the property owner was represented by Tim Eichenberg and Carolyn Winter from New Mexico Property Tax.” The decision and order was in relation to a January 15, 2025 hearing.
In the audio recording from an August 11, 2025 hearing, Treasurer Eichenberg states that he negotiated a fee with Carolyn Winter, alleged to be the owner of NM Property Tax, indicating an ongoing business relationship. Eichenberg’s statement suggests he maintained a business connection with Winter after taking office as Bernalillo County Treasuer when he was required to sever any ties that could create a conflict of interest.
LEGAL ACTION BY LARA
Bernalillo County Assessor Daman Lara was correct and stood on legal ground to reclassify short-term rental property as commercial property for purposes of taxation. The Assessor’s Office did its due diligence and undertook the lengthy and exhaustive annual process of reclassification of properties that was fair and reasonable.
Treasurer Tim Eichenberg’s has said that under state law he is allowed as Bernalillo County Treasurer to “correct obvious errors” to the property tax schedule, including errors of property classification. Eichenberg’s position is a very warped interpretation of the law and not based in reality.
Eichenberg’s actions, if proven true by the civil litigation, were a clear attempt to usurp the legal authority of County Assessor Damion Lara and nothing more than political interference with the duties and responsibilities of the County Assessor. County Assessor Damion Lara had no choice but to go to court to prohibit Eichenberg from interfering with Lara’s duties and responsibilities as County Assessor.
The most troubling accusation in the ethics complaint filed by Assessor Lara against Treasurer Eichenberg is the allegation Eichenberg misused his position as Treasurer for his own personal financial gain. Eichenberg proclaiming it was nothing more than an “embarassing” mistake that he was still listed as an owner of NM Property Tax stretches his credibility to the breaking point.
SMOKING GUN
The audio recordings from the August 11, 2025 hearing of two Sandoval County Protest Board hearings revealing that the property owners were represented by Tim Eichenberg and Carolyn Winter from the firm New Mexico Property Tax are the “smoking gun” proving the allegation that he remained involved with the business NM Property Tax after he was elected Bernalillo County Treasurer.
It’s difficult to accept Treasurer Tim Eichenbergs’s explanation that he was not aware that he was still listed as an owner of NM Property Tax with the company paid to be involved with appeals before the Bernalillo County Valuation Protest Board. Over many decades, Eichenberg has been an elected official and a real estate broker and property tax consultant. He has served three terms as Bernalillo County Treasurer, two terms as the New Mexico State Treasurer as well as serving as a New Mexico State Senator. Echenberg knows or should know the ethical rules imposed on elected officials, both state and county, and knows the need to avoid even the appearance of impropriety when it comes to elected officials conduct while in office and conflicts of interest. Eichenberg has also been a realtor and in the property management business for decades and has dealt with over the years in property tax appeals. He knows or should know the ethical rules imposed on realtors.
The ethics complaint needs to be fully investigated and litigated by the State Ethics Commission as soon as possible so that the Bernalillo County Assessor and Treasurer can resume their duties and responsibilities to the public without going out of their way to destroy each other’s credibility or to destroy each other’s work.
Link to previous News and Commentary article is here: