The top attorney for the state’s Taxation and Revenue Department recently resigned from the cabinet-level agency. Brad Odell, TRD’s chief legal counsel, “informed the department that he will be leaving to pursue a good opportunity with a large law firm,” according to Lorissa Abeyta, a legal assistant with the agency. NM Political Report confirmed Odell’s resignation through a public records request with TRD after Odell and department spokesman Ben Cloutier didn’t return phone calls and emails for two days earlier this week. Odell’s actions came under scrutiny in a preliminary investigation that concluded TRD Secretary Demesia Padilla may have abused her power by helping a business during a tax audit by her agency. Padilla’s actions, according to the report, may have led to retaliation against TRD employees and lost the state money.
Shortly after state Taxation and Revenue Department Secretary Demesia Padilla was publicly implicated in an investigation of wrongdoing, the governor’s chief of staff received a letter. Those who sent the letter, which Susana Martinez Chief of Staff Keith Gardner received on July 14, claimed to be employees “who have witnessed the decline of this department because of the unprofessional, unethical, and overall inept leadership of Demesia Padilla.”
“Since the governor is on the record that her staff are expected to hold to the highest ethical and professional standards, we hope that you’ll look into what we share in this letter, and that you’ll do something about it before more TRD staff, out of frustration, seek out the [Attorney General], the state auditor and the press as a means to address these serious concerns,” the letter reads. NM Political Report obtained the letter through a public records request with the governor’s office. In July, State Auditor Tim Keller announced a preliminary investigation contracted by his office concluded that Padilla may have interfered with the tax audit of a former client for whom she did accounting work before becoming the TRD cabinet secretary. The client, later revealed to be Bernalillo-based Harold’s Grading & Trucking, has denied knowing about or asking for any special treatment.
Before New Mexico Political Report recently reported on a botched redaction from the state Taxation and Revenue Department, we reached out to its spokesman multiple times. It took Taxation Department spokesman Ben Cloutier more than four hours to respond. And when he did, he responded with a legal threat. “Mr. Peters,” he begins in an email sent Thursday late afternoon:
Although taxpayer return information was redacted by the department to provide confidentiality, you purposely manipulated the document (i.e., you were able to get around the redaction and enhance the imagery) in order to reveal taxpayer return information and thwart the purpose of the redaction. Furthermore, you have published taxpayer return information despite the clear intent that it remain confidential.