Democracy for New Mexico

Heather Wilson's Husband Hired for Top-Paying State Job: More Cronyism by Susana Martinez Administration

Week by week, we're finding that what New Mexico's right-wing Governor Susana Martinez says and what she does are often two different things. Remember all that campaign rhetoric about "bold change" and getting rid of anything that reeks even mildly of pay to play or cronyism?

A number of Susana's appointments have gone to people who donated generously to her campaign (read this and this for examples). Others went to those who have been loyal foot soldiers in their support of her political rise, including Darren White -- a much criticized pick by Martinez to serve on the Judicial Standards Commission -- whether they were suitable for the position or not. Remember her embarrassing, failed nomination of climate-change denier Harrison Schmitt to head the Energy, Minerals and Natural Resources Department?

Gov. Martinez has also been working overtime to get rid of valid regulations that irk her big campaign donors involved in oil and gas drilling and dairy operations, among others. For instance, it was revealed that she held secret meetings with some of them who serve on a "small business task force" to plot how to get rid of common-sense regulations that protect New Mexico's air, water and lands. The final report that emerged from those meetings reeks of having the foxes guard the henhouse. In addition, many of her big campaign donors also gave wads of money to her for her inauguration hoe down.

Now it's been revealed that Martinez apparently decided it was time to reward the Heather Wilson family for its loyalty to her candidacy and administration. Heather, who is running for the U.S. Senate seat being vacated by Sen. Jeff Bingaman, previously ran Susana's transition team. Her husband, attorney Jay Hone, was hired in February by the Martinez administration to serve as general counsel for the state's General Services Department, at a salary of $93,00 per year. Cushy. 

Turns out Hone, 58, has also been tapped to serve simultaneously as director of the GSD's Risk Management Division, but is not receiving any additional salary for that post. You'd think one of these two jobs would keep him busy full time, wouldn't you? Previously, Hone applied to fill an Albuquerque metro court judge slot, but didn't get it. Hone has operated a private law practice since the early 90s, but I guess he wanted a nice, secure job with benefits in state government, now that his wife is mounting a Senate race.

Heather-Hone File Fiasco
Hone has generally remained in the background during Heather's political career. However, he was pulled into the spotlight early on when Heather was hired to run the state Children, Youth and Families Department during Gary Johnson's administration. Wilson was caught in the act by a local news station ordering the removal of a state file containing information about Hone. According to an article in the Albuquerque Journal:

It was during Wilson's first week on the job in 1996 that she ordered a file regarding Hone's role as a foster parent to be moved from an Albuquerque warehouse to the department's offices in the Capitol, an action that became the focus of a television report later that year and ballooned into a campaign issue earlier this year.

Wilson has said she did not want a file with personal information about her family available to department employees and denied opening the file or taking it out of the department offices.

When the file removal issue arose again in Heather's 2006 campaign for the NM-01 House seat, TV station KOAT-TV ordered YouTube to remove the video of its coverage of the story because of "copyright infringement." You can read a transcript of the video story here. In the video, investigative reporter Larry Barker confronts Heather Wilson about the file removal and she claims she didn't order it:

Barker, “And this is, purports to be the card, referencing your husband, right?"

Wilson, “Yes.”

Barker, “OK. And there is a notation here, that the record was removed, by your order, on this date.”

Wilson gives him a blank look.

Barker, “Does that have any meaning for you, or not?”

Wilson, “I will assume, for the purposes, that this is some kind of a copy of a record of this Department. Now where we locate files, in this Department, is none of your business.”

Barker, “Well did you order, this ... a record ... removed?"

Wilson, “No.”

Barker, “So this is totally inaccurate?"

Wilson, “Yes."

As it turns out, Wilson was lying, as she, herself, later revealed. When Wilson learned KOAT was going to air the story, she abruptly called a press conference at her office in Santa Fe and admitted she had ordered her husband's filed moved. The Bernalillo County District Attorney at the time, Bob Schwartz, stated that the removal was a "highly inappropriate" act on the part of Wilson and that she should at least have filed a request under seal to a judge to get permission to move the file.

The file was opened in response to an Albuquerque police report filed in March 1993 that reportedly contained potentially damaging allegations against her husband. The file is rumored to contain information about an accusation against Hone that has to do with inappropriate contact on his part with a babysitter. Most files opened by the department in this manner are generally based on claims of sexually inappropriate contact or abuse involving minors.

No legal action against Hone was ever taken, but one has to wonder why Heather was so concerned about the file that she ordered it removed from view and then lied about doing so. I guess the Martinez administration doesn't care because they obviously felt completely comfortable appointing him to two, not just one, jobs within the administration.

More Trouble for SOS Dianna Duran? AG Office Disagrees With Her Opinion on Susana Martinez Radio Ads

Dianna Duran, Susana Martinez

Uh oh -- another incident questioning the judgment of New Mexico Secretary of State Dianna Duran came to light today via Attorney General Gary King's office. Close on the heels of today's call for Duran to immediately resign her post due to racist "humor" contained on an official document issued by her office, it was revealed that AG's office issued a letter disagreeing with Duran's decision that anti-immigrant radio ads paid for by Gov. Susana Martinez's campaign office were a proper use of the funds.

According to a story by Steve Terrell in today's Santa Fe New Mexican, the AG's office said yesterday that "Gov. Susana Martinez's campaign committee might have violated campaign laws by spending money on radio ads in support of a bill to prohibit driver's licenses for illegal immigrants."

In a letter to Secretary of State Dianna Duran, Albert Lama, deputy attorney general, said Duran's office should reconsider its decision that the Martinez ads were not in violation of the Campaign Reporting Act. 

"Although you did not seek our advice in this matter, we are concerned that your interpretation of the Campaign Reporting Act is unnecessarily broad and may open the door to use of campaign contributions contrary to the Legislature's intent," Lama wrote. 

At Issue
Last month, both Somos Un Pueblo Unido and Common Cause New Mexico raised serious questions about the use of Martinez's campaign fund for the ads, contending that the governor violated campaign finance laws by tapping into the fund after her campaign had ended. Somos Un Pueblo Unido filed a formal complaint about the funding with Duran's office. Duran later said the use of the funds was proper, although she failed to consult with the Attorney General's office before issuing her decision letter.

On March 3, Duran wrote Somos, saying, "Susana Martinez meets the definition of a 'candidate' who has authorized her campaign committee to make expenditures for the purpose of seeking future election to office. ... I have no reasonable belief that Susana Martinez for Governor Committee committed any violation of the Campaign Reporting Act, and I do not intend to refer this matter to the Attorney General or a District Attorney." 

Martinez's campaign committee spent $5,648 in February on radio ads that urged listeners to contact legislators and tell them to support bills aimed at repealing the issuance of driver's licenses to undocumented people and foreign nationals. Despite a big push from the Martinez administration -- and her staffers videoing debates on the issue in an apparent attempt to gather footage that could be used against Democrats in the 2012 election -- repeal of the law failed. 

Lama and Martinez Campaign Disagree
In yesterday's letter to Duran:

... Lama argued that the act requires campaign money to be spent on campaign-related expenses. "Based on the information available to us at this time, the content of the radio ads does not obviously relate to a campaign or suggest that the purpose of the ads is to elect Gov. Martinez to office," he wrote. "The circumstances and the timing of the ads also are not consistent with an election campaign," he said, noting that the next gubernatorial election is in 2014."

Instead, the radio ads seek to influence the Legislature's decision regarding laws that make driver's licenses available to illegal immigrants," Lama wrote. "In effect the committee is using campaign contributions to lobby the Legislature on an issue that is important to the governor and her administration." 

Lama said the act "clearly distinguishes" campaign expenses from an elected official using money in promoting positions they take while in office or trying to influence the Legislature. 

In a response to Lama's letter, a spokesman for the Martinez campaign said Duran's decision on the funding was the right one because the governor was merely exercising her First Amendment rights with the ads.

"Just like other groups and political parties that aired ads during the session, the governor has a First Amendment right to promote ideas and issues, including her desire to ban driver's licenses for illegal immigrants," Danny Diaz said. "The secretary of state has ruled this was perfectly fine, which is consistent not only with common practice, but more importantly, with the opinion of the United States Supreme Court."

He was referring to a 1976 case, Buckley v. Valeo, which, among other things, struck down limits on campaign expenditures in federal law.

What Does the Law Say?
Click to see the provisions (pdf) of New Mexico’s Campaign Reporting Act describing the lawful uses of a candidate’s campaign funds.

As Somos Un Pueblo Unidos pointed out in their complaint to Duran's office:

"(The act) allows such funds to be used only for the payment of campaign debts, donations to charities or the state's general fund, contributions to other candidates or political parties and refunds to the contributors."

Is Dianna Duran just misinterpreting the law, or is this another example of Martinez and her right-wingers putting politics above ethical practices and the law? Seems pretty clear to me that campaign funds are supposed to be used for campaign activities -- not for lobbying the legislature. What do you think?

Sen. Tim Keller to Gov. Martinez: Your Turn to Finish Reforming State Investment Council, Then Step Out

This is a guest blog by New Mexico State Senator Tim Keller (D-Albuquerque 17), who represents Albuquerque’s East Central Gateway and the International District.

In the recently completed 2011 legislative session, Senate Bill 17 (Keller, D-Bernalillo, and Neville, R-Aztec), a bill designed to complete State Investment Council (SIC) reforms by removing the governor as chairperson, passed with wide bipartisan support. It now sits on Governor Susana Martinez's desk waiting to be signed. 

Senate Bill 17 was carefully crafted in the interim by the bipartisan Investments Oversight Committee, long before the recent gubernatorial election. It is composed of original sections from a similar 2010 bill, including sections to ensure minority party legislative appointments. It now also includes an amendment that allows the governor to serve for two more years in the chairperson role before the position is removed altogether. Signing SB 17 provides our new governor with an appropriate chance to oversee a transition and recovery of lost funds -- and then to turn over the reins at the SIC. 

In 2010, the legislature passed landmark reforms of the SIC (Senate Bill 18) in response to conflicts of interest, legal investigations and governance challenges at the SIC. These reforms reflected multiple governance recommendations from the 2010 interim, independent, bipartisan Enis Knupp Report. The reforms achieved by SB 18 included: making the State Investment Officer serve the SIC rather than being personally appointed by the governor, requiring 10 years of investment expertise for all appointed board members and diffusing the influence of any single individual by moving four appointments out of the Executive Branch.  

Knupp Report's Top Recommendation
All of these changes have been important in reforming the SIC. However, the top recommendation of the Enis Knupp Report was to remove the governor as chairperson of the SIC. While this was included in the original 2010 SB 18, the provision removing the governor was stripped out in the final hours of the session to enable the other reforms to move forward.

Regardless of who is serving as governor, a change in who serves as SIC chairperson is critical to eliminate conflicts of interest, as well as the potential for pay-to-play and favoritism, and to maintain the appropriate level of fiduciary responsibility and expertise.

New Mexico is the only state in the country where the governor is personally in charge of similar permanent fund oversight. 

We expect our governor to lead the state and appoint and hire staff to implement the vision they were elected to deliver. We do not, however, expect him or her to have the expertise or direct responsibility for approving the buying and selling of billions of dollars in stocks, bonds and alternative investments with our children’s endowments. This is precisely why the SIC was set up as quasi-independent government institution in the first place.

Finance, Not Politics
Governance best practices suggest that the SIC should internally elect a chairman who is not an elected official -- a choice based on merit, sound judgment, integrity and expertise that the fiduciary nature of the position warrants. The bottom line is that it is best to base our state’s financial investments on the principles of finance, not politics.

New Mexico needs our new governor to finish the job of reform at the SIC, and then put the long-term governance of the SIC above executive office authority. It takes real leadership to reduce one’s own direct power and influence.

Voters sent Susanna Martinez to the governor’s office to put what is right over what is personally beneficial. It is now up to her to seize the opportunity to protect our state’s financial future and put our SIC on sure footing for generations to come. It is precisely the kind of bold change and deviation from the status quo that our state will be proud to celebrate with her signature of Senate Bill 17.

This is a guest blog by Senator Tim Keller. If you'd like to submit a piece for consideration as a guest blog, contact me by clicking on the Email Me link at the upper left-hand corner of the page.

Take Action: Contact Governor Martinez and urge her to keep her campaign promises and sign SB 17.

Susana Martinez Repays Robert Aragon with Appointment to State Finance Board

"Democrat" Robert Aragon backing Barela

On Friday, Republican governor Susana Martinez issued a press release announcing the nomination of Sherman McCorkle to the State Investment Council, as well as four individuals to serve on the New Mexico Board of Finance. Guess what? One of them is notorious Dem defector (or whatever he is these days) Robert Aragon, the cousin of former NM Senate Pro-Tem Manny Aragon. The other three are Thomas Tinnin of Albuquerque; Samuel Spencer of Hobbs and John Gasparich of Santa Fe.

Robert Aragon: Anything for Attention
You may remember that Robert Aragon, an Albuquerque attorney and former Democratic state lawmaker from 1979-87 who once served as Vice Chair of the House Appropriations and Finance Committee, made a big show of supporting the Martinez campaign last year. In fact, he headed the so-called Democrats for Martinez group, although it's difficult to understand how Aragon considers himself to be a real Democrat. He even voted for McCain over Obama.

Aragon also led a group of 12 other alleged Democrats in applying stickers to deface ballots at the Democratic Party of New Mexico's pre-primary convention last March. The stickers touted the candidacy Jon Barela, the Republican candidate for Congress in NM-01:

Aragon said Barela stickers were meant to protest progressive Democrats, who he said include Heinrich and who he claims are now controlling the state party.

"They are not Democrats; they are socialists," Aragon said.

Ten of the damaged ballots had names on them: Bernice Herrera, Kylee Aragon, Felix Nunez Sr., Leif Mendahall, Leif Mendahall Jr., Robert Aragon, Betty Garcia, Angie Muehller, Chris Romero and Robert Moss. Kylee Aragon is Robert's daughter and Robert Moss was at the time engaged to Aragon's other daughter, Ashlee. So it was a kind of Aragon family affair, and also a case of people getting elected to the DPNM's State Central Committee even though they are, essentially, supporters of the right-wing Republican agenda. How ethical. And childish. Aragon had previously been removed as a Democratic Party ward chair for publicly supporting and speaking at the campaign kickoff of Barela, which is against DPNM rules

Aragon's law firm was also identified as a contributor of $1,000 to the right-wing (allegedly nonpartisan) New Mexico Turnaround PAC, which was founded by oilman and then-NM Republican Party Chairman Harvey Yates. In the 2010 primary race, three Democrats received $4,000 apiece from the PAC. All three were running as challengers to incumbent Democratic legislators.

In House District 13 Matthew Archuleta got money ro run against Rep. Eleanor Chavez (Albuquerque), in House District 14  Michael Atler, received donations to run against Rep. Miguel Garcia (Albuquerque) and in House District 70, Barbara Casey got financial help in her run against Rep. Richard Vigil (Ribera). All of the challenges were unsuccessful. All three were known as candidates supported by big oil and gas interests, so I guess it's not surprising that Aragon supported Susana Martinez -- who got huge sums from such interests in her run for governor.

Irony
Last June, the Susana Martinez campaign announced she had been endorsed by the New Mexico Turnaround PAC and described the PAC this way:

NMTA supports a free market, capitalist economic system and understands that political corruption erodes the rights of the people, dissipates their public wealth and diminishes opportunities for private endeavors to flourish.

In the announcement, Robert Aragon, described as Vice President of the NMTA PAC, was quoted as saying:

We know that Ms. Martinez has a deep understanding that our state government has to provide a hospitable environment for businesses to thrive and for new companies to seek establishment here in the state. Improving the business climate is started by lowering taxes and by doing away with frivolous law suits and enacting comprehensive tort reform. 

Rather ironic, to say the least, that a PAC supported by big oil and gas concerns, with their myriad lobbyists and deep pockets, would be described as anti-corruption fighters. Ryan Cangiolosi, who served as Susana Martinez's campaign manager and is now her Deputy Chief of Staff, was a board member of the NMTA PAC, as well as a business manager at the Jalapeno Corporation, one of Harvey Yates' businesses. What goes around comes around.

Susana Pays Back Aragaon
According to the New Mexico Secretary of State, Robert Aragon donated $5,000 to the Susana Martinez campaign on October 5, 2010, but the publicity he generated by his advocating for a Republican was no doubt worth way more to Susana. Now Robert Aragon is getting his payback for his campaign money and his other services rendered on behalf of Martinez. Oh, this can't really be called "pay to play," now can it? Isn't that what Susana has long said she is dedicated to getting rid of in politics? I guess it's all a matter of degree and who's doing the paying and the playing. 

Common Cause NM, Somos Un Pueblo Unido Say Susana Martinez Violated Campaign Reporting Act

Following a careful review of New Mexico’s Campaign Reporting Act, Common Cause New Mexico (CCNM) has come to the conclusion that Republican Governor Susana Martinez may have violated the act when she used leftover campaign funds to pay for radio spots lobbying for a bill favored by her administration. CCNM says it has urged the Attorney General’s office to investigate this matter.

“The Campaign Reporting Act places strict limitations on how campaign funds can be used,” said Steven Robert Allen, executive director of CCNM. “Funding this kind of lobbying advertisement seems to be a clear violation of this statute.”

Allen added that he was puzzled by media reports that the Secretary of State’s office found no evidence that the Campaign Reporting Act was violated. Even more puzzling, according to Allen, is the assertion that numerous other candidates have used their campaign funds in the same manner.

“My organization is intensely interested in instances in which this has occurred, because aside from some very narrow exceptions outlined in the Campaign Reporting Act, a candidate’s campaign funds are only to be used to fund a campaign for elected office,” Allen said.

As reported in an Albuquerque Journal article, February 24, 2011:

Duran said definitions in the act give the campaign committee authority to run political ads, even in a noncampaign season. She said numerous other candidates have used their leftover campaign funding in the same way over the years.

"We believe that conducting an advertising campaign for a political purpose is expressly permitted for a political committee," Duran said.

Duran was responding to a complaint filed with the Secretary of State's office by immigrants' rights group Somos Un Pueblo Unido. The organization also filed a similar complaint with the Attorney General, and one with the Santa Fe District Attorney. The complaints allege Martinez violated the Campaign Reporting Act when her campaign committee paid for radio ads pushing for the repeal of the state law that allows undocumented immigrants and other foreign nationals to obtain driver's licenses. Duran said that her office reviewed the situation and does not think Martinez violated the law.

Somos asserts that the act restricts many uses of leftover campaign funding and that the costs of the political radio ad are not allowed.

"(The act) allows such funds to be used only for the payment of campaign debts, donations to charities or the state's general fund, contributions to other candidates or political parties and refunds to the contributors," the complaint says.

To the extent that any candidate is spending campaign money in a manner not listed in the statutory section that describes the lawful use of such funds (Section 1-19-29.1 NMSA 1978), CCNM has urged the Secretary of State to forward all such instances to the Attorney General’s office for investigation.

Click to see the provisions (pdf) of New Mexico’s Campaign Reporting Act describing the lawful uses of a candidate’s campaign funds.

Public Campaign Financing Bill Iced by "Dems" Jennings, Munoz on Tie Vote

Jennings, Munoz like corporate cash in state elections

SB 294, Sen. Eric Griego's bill to allow candidates for office in the executive and legislative branches of government to use public campaign financing, was effectively put on ice today in the Senate Rules Committee (SRC) -- by two legislators who pretend they are Democrats. Hasn't everyone had enough of alleged Democrats who vote against measures like this one, designed to get corporate and oil and gas cash out of the election process and return power to the people?

Although Democratic Senators Peter Wirth (D-Santa Fe), Linda Lopez (D-Albuquerque) and Dede Feldman (D-Albuquerque) voted for a do pass motion to move SB 294 out of the SRC, Senators Tim Jennings (D-Roswell), who is Senate Pro Tempore, and George Munoz (D-Gallup), who is Vice Chair of SRC, joined Republican right-winger Kent Cravens to vote no. This leaves the Common Cause-supported bill, which would expand public financing to all state offices, in limbo at a time when the negative and corrupting impacts of deep-pocket donors seems to be at an all-time high. 

Our Republican governor, Susana Martinez, likes to make a lot of noise about "fighting corruption" and "cleaning house" in government, but she and her right-wing cronies aren't willing to lift a finger when it comes to legislation like SB 294, which would help to do just that. That's bad enough, but when two Democrats -- one of whom is ensconced in the legislature as a supposed Democratic leader serving as Senate Pro Tem -- fight against campaign reform and keep a bill like this locked up in committee, it's a blatant act of corruption support in my book.

As Steven Robert Allen, executive director of Common Cause New Mexico has said,“Expanding public campaign financing is the single best way to limit the undue influence of special interests on New Mexico politics. This bill offers a smart way to achieve that crucial goal.”

Jennings and Munoz Love Corporate Cash
So what do the no votes of Senators Jennings and Munoz tell us? That they don't want to limit the undue influence of special interests in New Mexico politics -- they want business to proceed as usual, with moneyed concerns calling the shots in state elections. They voted for their own narrow interests, not those of the state they say they serve.

After all, when you get campaign donations from the likes of Helena Chemical Company, Occidental Oil and Gas, Walmart, Monsanto, Chevron, Comcast, Conoco Phillips, Pfizer and Exxon Mobil, as Munoz did in 2008, or Eli Lilly, Occidental Oil and Gas, Comcast, FPL Energy, Conoco Phillips, Chevron, Sprint and Waste Management, as Jennings did in 2008, you don't want anyone to challenge you in the primary or the general election who isn't beholden to such special interests to have a chance.

Just Another Yahoo Move by Jennings
And remember, Sen. Tim Jennings is also the legislator who is so disdainful of laid-off New Mexicans that he wants them to pee in a cup and get drug tested before they can get their rightful, if meager, unemployment benefits. He doesn't trust hard-working citizens who lose their jobs through no fault of their own, but he's more than willing to kiss the asses of corporations that fight even the most basic of regulations to protect our state's air, land and water. 

Yahoo Jennings has deemed the testing "tough love" and has said, "Those people who choose to be unemployed for using drugs are just robbing from those people who are legitimately unemployed." Of course the bill is unconstitutional on its face, and attacks a problem that doesn't exist. And, after all, only folks who have held down a job for a good long time can receive such benefits.

Espinoza and Ezzell: Maybe they should have to pee in a cup

Impressing His Fellow Yahoos
Such behavior does tend to ingratiate Jennings with right-wing Republican extremists like fellow Roswell lawmakers, Rep. Candy Spence Ezzell, who wants to drug test folks on public assistance generally, and the cartoonish Rep. Nora Espinoza, who again this year is leading the charge to keep marriages for one man and one woman because same-sex relationships are a threat to civilization as we know it. And with the other Roswellians -- perhaps tetched in the head by flying saucer visitors -- who elect such lunatic lawmakers. 

If public campaign financing was available to legislative candidates, someone with a brain and a heart just might run against Jennings or Munoz -- not to mention Espinoza and Ezzell. Wouldn't that be awful for democracy in New Mexico?

Just the Facts
Who gives campaign cash to Timmy and Georgie? Click to see the 2008 campaign reports of Sen. George Munoz and Sen. Tim Jennings.

Transparency and Accountability Bill For Land Office Takes Big Step Forward

Yesterday, the New Mexico Senate Conservation Committee (SCONC) gave a unanimous Do Pass to Senate Bill 53, which will add transparency and accountability to future land deals the State Land Office undertakes. SB 53 adds transparency and a level of public oversight to land development on state lands by having the state auditor review planning and development leases and for the Land Commissioner to consider these opinions prior to entering into a state lands lease. The legislation was crafted by Senator Steve Fischmann (D-Mesilla Park) to ensure no future land deals can be made without sunlight and transparency.

“We are entering a new era of transparency,” said Sandy Buffett, Executive Director of Conservation Voters New Mexico (CVNM), “In previous years we have witnessed hunters and local communities feeling shut out of Land Office decisions. New Mexicans have the right to know what our elected officials are doing with our land. Senate Bill 53 takes a big step towards improving that transparency.”

When asked about yeterday's vote in the Conservation Committee, Senator Fischmann said, “In my hometown of Las Cruces, like elsewhere in the state, we have seen the harm that behind-the-scenes deals in the Land Office can bring. Our citizens deserve accountability in their government and that is what this bill will bring.”

SB 53 now moves on to the Senate Judiciary Committee (SJC).

Take Action: Contact your legislators and members of the SJC and urge them to support SB 53.

State Auditor Balderas Unveils Educational Accountability and Anti-Corruption Legislation

Yesterday, New Mexico State Auditor Hector Balderas announced his comprehensive anti-corruption legislation package. The package includes six bills he says will enhance the State Auditor’s ability to protect New Mexico taxpayers from financial fraud, waste, and abuse in government.

“I will continue to fight for every possible resource to ensure that public monies are accounted for at every level of government including funds used for public education.” Balderas said. “The Jemez Mountain Schools embezzlement case in 2009 demonstrated that every effort must be made to hold public schools accountable. Senator Nava’s bill (SB 423) provides my office more auditors to review our schools’ finances and keep more money in our classrooms.”

“The transfer of the PED Inspector General positions to the State Auditor just makes sense," Senator Cynthia Nava added. “During these tough economic times, state agencies need to be more creative and consolidate resources to ensure that New Mexico’s children receive the best education. Arming the Auditor with more auditors to make our public schools more accountable will make government more efficient and protect taxpayers.”

The six bills introduced yesterday are:

· SB 423, sponsored by Senator Cynthia Nava: This bill transfers positions from the Public Education Department’s (PED) Inspector General to the Office of the State Auditor (OSA). During the 2010 interim, the Legislative Education Study Committee endorsed the transfer of these positions to the OSA to provide further audit oversight of both public schools and institutions of higher education.

· HB 424, sponsored by Rep. Mimi Stewart: This bill would make the State Auditor’s successful “At Risk Program” a statutory requirement. The program designates government agencies “at risk for fraud, waste, and abuse” if they fail to submit timely audits. The bill also requires that an agency be designated at-risk for fraud, waste and abuse if it receives a disclaimer of opinion or an adverse opinion on its annual financial audit.

· HB 411, sponsored by Rep. Luciano Varela: This bill requires notifications to the Secretary of Finance and Administration if a state agency, state institution, or municipality fails to submit timely audits or financial reports.

· HB 416, sponsored by Rep. Al Park: This bill makes it a crime to intentionally deceive, mislead or obstruct an audit, special audit, examination or investigation conducted by the State Auditor. The bill makes the crime a misdemeanor and also provides for civil penalties.

· SB 439, sponsored by Rep. Cynthia Nava: This bill provides that money or property obtained as a result of an embezzlement committed against a New Mexico school district or public school is subject to forfeiture.

· HB 425, sponsored by Rep. Mimi Stewart: This bill appropriates $200,000 to pay salaries and expenses of the State Auditor. This bill will help sustain audit resources that have been impacted by severe budget cuts to the OSA.

Rep. Bill O'Neill's Bill for 1-Year Prohibition on Lobbying Gets Unanimous Support in First Committee

A bill sponsored by State Rep. Bill O’Neill (D-Albuquerque) that would prohibit lobbying by a former statewide elected official, a former public regulation commissioner, a former state legislator and a former cabinet secretary for one year had unanimous committee support today. House Bill 67 passed the House Health and Government Affairs Committee (HHGAC) with a vote of 8-0.

Rep. O’Neill said, “This is just common sense legislation and emulates the Congressional circumstance where former legislators are not allowed to lobby for 2 years after holding office. People in my district, as well as around the state, understand the need for this kind of transparency.”

According to the New Mexico Secretary of State’s office, anyone found to violate these provisions would be subject to the penalties set forth in the Lobbyist Regulation Act. It provides for a fine up to $5,000 and revocation of lobbyist registration, or enjoinder of lobbying activities for up to three years. At least 16 states restrict former legislators from lobbying for one year after leaving office and six states have two-year restrictions.

House Bill 67 now heads to the House Business and Industry Committee (HBIC) for consideration.

State Auditor Hector Balderas Receives "Sunshine Award" from Conservation Voters New Mexico

Conservation Voters New Mexico (CVNM) presented State Auditor Hector Balderas with the 2011 CVNM Sunshine Award at a legislative reception Wednesday evening. Balderas, New Mexico’s State Auditor, was recognized for his steadfast work in rooting out fraud and corruption, and shining sunlight on the operations of state government. His hard work has resulted in millions of dollars of savings and the enforcement of key safeguards that protect New Mexico’s natural resources, according to CVNM.

“In these tough budget times, while State government is cutting critical programs and services, Auditor Balderas has stood strong and worked to ensure that not a dime is being wasted or misspent, “stated Sandy Buffett, Executive Director of Conservation Voters New Mexico, “With Auditor Balderas on the job, we can all feel more confident that the State is more efficient with its resources, and more effective in meeting its vital obligations to protect our precious water and air.”

The CVNM award is awarded annually by Conservation Voters New Mexico to individuals that demonstrate a strong commitment to the health and protection of New Mexico’s environment, citizens, and wildlife.

Susana Martinez's BOLD Inaugural: Big Oil, Gas, Pharma, Developer Hoedown

Martinez dances at inaugural, says NM "open for business"

Over the weekend, Republican Governor Susana Martinez's transition team released a list of donors that paid for her inaugural shindig in Santa Fe. It's shocking, I know, but Martinez’s BOLD inaugural party largely ran on oil, gas and cash from powerful interests. BP, Xcel, Yates and Western Refining were among the heavy-hitting energy companies that powered Martinez’s party.

The question on everyone's mind, of course, is what might they want in return? Just today, the Republican members of the NM House Energy and Natural Resources Committee walked out on a presentation by two energy experts about the negligible impact of common-sense regulations on oil and gas production. Committee Chairman Brian Egolf (D-Santa Fe) said, ""The Republicans were making all kinds of noise about fairness and what kind of chairman I'm going to be, and the first trick or game that is played is a walkout. It honestly blew my mind. I couldn't believe it. It was just kind of a sad moment."

Apache and Devon energy companies gave $25,000 each to the Martinez inaugural with others, including BP, Shell, Yates, Western and Xcel, each giving a minimum of $5,000. Meanwhile, the infamous Helena Chemical Company gave $10,000 and Jeff Elmore, one of its top managers in Mesquite, personally donated another $15,000. Vanessa Bartoo, of Bartoo Sand and Gravel, donated $25,000. Vanessa also owns the racehorse Double Down Special, currently the fastest quarter horse in the nation.

A number of nuke interests also gave generously to Martinez's inauguration fund, including the Nuclear Energy Institute ($10,000), Uranium Producers of NM ($5,000), Urenco USA ($10,000), Neutron Energy ($15,000), International Isotopes ($250). Other power interests also gave big, including Peabody Energy ($10,000), PNM Responsible Citizens Group ($25,000), El Paso Corp. ($2,500), El Paso Electric ($10,000), El Paso Natural Gas ($2,500), New Mexico Gas Company ($2,500), New Mexico Gas Company HEAT PAC ($2,500), New Mexico Propane Gas Association ($5,000), Pinnacle West: Arizona Public Service ($25,000) and Southern Union Gas Services ($10,000).

In total, Martinez raised $966,000 for her inaugural -- the most in history. Unfortunately, it's difficult to determine who many of the individual donors are because, unlike required campaign donation reports, the list doesn't include any occupations beside the names. If you see any you know, please add them to the comments thread on this post.

“It’s no surprise that the industries that stand to gain the most bank-rolled Martinez’s inaugural party,” said DPNM Executive Director Scott Forrester in a statement released today. “In reviewing the list of inaugural and campaign donors, I have a feeling pay-to-play will be alive and well in the Martinez administration, despite what she said on the campaign trail.”

“In fact, just one month in and we’ve already seen attempts to weaken clean-water protections with connected lobbyists and lawyers helping to write Martinez’s own executive orders,” Forrester continued. 

Gov. Martinez has also chosen climate change denier Harrison Schmitt, who has called environmental leaders "communists," to serve as NM Energy Secretary. And the NM Supreme Court recently forced Martinez to implement new greenhouse gas rules she had refused to publish by issuing an executive order on the first day of her administration.

In addition to oil and gas, Martinez’s inaugural fundraising roster is dotted with insurance companies, pharmaceutical companies and developers. Some of the same big donors from oil and gas and other special interests that funded her primary and general election campaigns also gave big for her inaugural. Some of them have even become part of the governor's transition team. And remember, Martinez got blobs of campaign bucks from a number of big business moguls and oil interests from Texas, as well.

“Whose side will Martinez be on?” Forrester asked. “Will she favor average New Mexicans struggling to stay in their homes and make ends meet in this economy -- or will she take the side of the powerful corporate interests and continue to let them write her administration’s policies?”

“Time will tell, but Martinez’s fund-raising is a pretty clear indicator what side she’s on,” Forrester said.

Action Alert: Sen. Eric Griego Urges NM Gov. Susana Martinez to Support Ethics Reform

Sen. Eric Griego comments on his ethics bills

Albuquerque State Senator Eric Griego (D-Bernalillo, Valencia) is challenging Governor Susana Martinez to support three campaign and ethics bills as part of her campaign pledge to “clean up” state government. Martinez has made such "clean up" a mantra of sorts, repetitively claiming she will push BOLD changes to improve transparency, ethics and accountability in elections and government. So far, that's not been the case.

Sen. Griego, who has also sponsored ethics and campaign finance reform bills in the last two legislative sessions, wrote a guest blog for Democracy for New Mexico on the topic earlier this month. He has now introduced a package of three bills dealing with campaign finance: SB 181 banning contributions by companies and individuals who do contract work with the state; SB 182, which limits donations from individuals and political committees to $250 for local and county races and $500 for statewide races; and SB 294 providing a voluntary public financing of campaigns.

“Expanding public campaign financing is the single best way to limit the undue influence of special interests on New Mexico politics,” said Steven Robert Allen, executive director of Common Cause New Mexico, said about SB 294. “This bill offers a smart way to achieve that crucial goal.”

Sen. Griego said with the growth of Republican influence in the Roundhouse, Governor Martinez is well positioned to push for sweeping ethics and campaign finance reform “to end the kind of excesses that have undermined public confidence in our system.” Gov. Martinez should “make good on her promise to bring ‘bold change’ and challenge the status quo,” Griego said.

“If our elected leaders are not prepared to clean house, hold public officials accountable and put rules in place to reduce the power of special interests,” said Sen. Griego, “then voters will elect someone who will.” Sen. Griego says the question for the Governor and Republican and Democratic legislators is, “Are we willing to make good on our promise to seriously tackle campaign and ethics reform?”

Take Action: All three of Sen. Griego's ethics bill are set to be heard first in the Senate Rules Committee (SRC), so please contact all nine members of that committee urging them to support SB 181, SB 182 and SB 294. Also please contact Gov. Martinez to insist that she live up to her campaign promises by supporting passage of these bills.

Ethics Commission
In addition to Sen. Griego's ethics legislation, one House bill and three Senate bills have so far been introduced to establish a state ethics commission -- all sponsored by Democrats. Rep. Brian Egolf (D-Santa Fe) is sponsoring HB 195, Sen. Linda Lopez (D-Albuquerque) and Rep. Bill O'Neill (D-Albuquerque) have introduced SB 164, Sen. Mary Jane Garcia (D-Dona Ana) is sponsoring SB 172 and Sen. Pete Campos (D-Las Vegas) has proposed SB 293. New Mexico is one of only nine states without an ethics commission, but so far New Mexico lawmakers haven't been able to agree on a version that they believe would be right for our state. A number of ethics commission bills have kicked around the legislature for the past four years but none have gained any widespread momentum.

Unfortunately, our new Republican governor, Susana Martinez, has expressed her opposition to any sort of ethics commission, saying such a body would merely consist of "politicians appointing other politicians to review the conduct of politicians.” Instead, Martinez wants to create a division within the New Mexico State Police to search out and deal with corruption as a crime.

Conveniently, such a division would be under her control because the governor has authority over the State Police. I highly doubt that Martinez would ever allow any action to be taken to root out and prosecute corruption on the part of any Republicans if such a unit were created. So far, Martinez has not publicly stated whether or not she would veto a bill creating an ethics commission.

To see all our posts on the 2011 legislative session, visit our archive.