The American Civil Liberties Union (ACLU) of New Mexico is demanding that the City of Albuquerque reverse its decision to postpone redistricting until after the upcoming city council elections in October 2011.
Yesterday the group filed this lawsuit in state district court.
Data from the 2010 census shows that Albuquerque’s West Side experienced significant population growth, while other areas of the city remained stagnant or shrunk in population. The ACLU said it believes the Albuquerque City Council will dilute the voting power of residents on the West Side.
“At the heart of our democracy is the principle of ‘one person, one vote’,” ACLU-NM Executive Director Peter Simonson said. “When one city council district is grossly underrepresented, other areas of the city speak with a louder voice when it comes to making decisions about political leadership, bond proposals, and other important issues that affect us all. Failing to redistrict waters down the vote of citizens living in high-growth areas.”
The City of Albuquerque is divided into nine separate districts, each holding one seat on the city council. By law the boundaries of these districts must be drawn in such a way that each district is roughly equal in population. According to the latest census data, District 1 and District 5—both on the West Side—have 90,170 and 83,165 residents respectively. The remaining seven districts all have constituencies ranging in the low to mid-50,000 range.
For the past three decades following the release of new census data, the City of Albuquerque has moved swiftly to redistrict before the next city council election, ensuring that all areas of the city remained equally represented. This year, with full knowledge of the current major imbalance, the city chose to postpone redistricting until after the October 2011 city council election.
“The entire purpose of census data is to make sure that our government accurately represents who we are and the communities we live in,” ACLU-NM Cooperating Attorney David Urias said. “By ignoring the latest census data, the Albuquerque City Council devalues the votes of almost two-fifths of the city’s population.”
The ACLU claims its lawsuit represents more than 170,000 people living on the city's "underrepresented" West Side, the ACLU of New Mexico asks the court to prohibit the City Council of the City of Albuquerque from holding elections until they have completed redistricting as required under the Constitution.
Cities are constitutionally required to reapportion voting districts every 10 years following the release of federal census data to ensure equal representation among voters.
After announcing his 2012 U.S. Senate campaign on-line Saturday morning, New Mexico Congressman Martin Heinrich, wearing black boots and black jeans, met with reporters for less than ten minutes at the National Hispanic Cultural Center to talk about the biggest campaign of his life and his first state-wide race.
Now he plans to spend the next 12 months, traveling the state, trying to convince Democratic primary voters he's a "good guy" and the right candidate to replace retiring five-term U.S. Sen. Jeff Bingaman, who announced his retirement earlier this year.
The second-term representative is the second Democrat to announce a bid for the Senate seat. In February, State Auditor Hector Balderas told us in an exclusive video that he's seriously considering his own bid. State Treasurer James Lewis, and former Lt. Governor Diane Denish have also said they are considering entering the primary race. Albuquerque community activist Andres Valdez was the first Democrat to announce.
Republican Heather Wilson formally entered the race last month. And, Lt. Gov. John Sanchez is expected to announce a decision in April. Second Congressional District Rep. Steve Pearce has not ruled out a campaign of his own.Republicans Greg Sowards and William S. English, who are not well known yet, have also entered the Republican primary race.
Heinrich said he has not determined a campaign budget, and wouldn't speculate on how much money would be needed to win both a primary and general election race, but analysts say both he and Wilson have a money advantage, because they can roll over any federal campaign donations they already have in their accounts.
The congressman's staffers said Heinrich was expected to return to Washington on Tuesday as the war of words over the federal budget notches up, and as negotiations, between Democrats and Republicans, continue. A budget must be passed by Friday or the government will come to a halt.
Heinrich, who will vacate his House seat, told reporters constituent services will not be impacted by his 2012 campaign.
At least one staffer in Secretary of State Dianna Duran's office has been placed on leave after offensive material was found on the office website and sent in a package to Political Action Committees around the state.
The material, which appeared on a sample spreadsheet that was posted yesterday and found today, was apparently being tested on-line. Remarks included in the spreadsheet are being described as racist and included the names of two African-American legislators.
“I was shocked and disappointed to learn that a state employee apparently posted what can be interpreted as racially offensive language in a sample finance report,” Duran said. “I find these actions deeply offensive and I immediately ordered the materials removed and I initiated an investigation."
The name of the staffer was not released to the media.
“It is critical that New Mexicans have faith that the Office of the Secretary of State will protect the rights of all New Mexicans equally and that I will not tolerate any form of racism or bigotry in this office," Duran said.
"Violations of this policy will result in swift and decisive action.”
A news release we received said that Secretary Duran has placed calls to both Rep. Sheryl Williams Stapleton and Rep. Jane Powdrell-Culbert, whose names were referenced in the inappropriate posting, to address any concerns they may have.
Sen. Jeff Bingaman quietly told Majority Leader Harry Reid Thursday night that he would be retiring at the end of the 112th congress. Today, he made it official, telling reporters there is "no ideal time to step aside."
"After 30 years I think I've given this my best effort and I think this is a good time for me to make the decision...a lot of factors go into a decision like that," the Silver City native and former New Mexico Attorney General said.
Bingaman plans to live in Santa Fe when he retires, and is sure he'll be "doing something," but hasn't decided what that will be yet.
Audio link for Bingaman's retirement announcement here
Staying engaged
Bingaman's wife said the decision to quit was entirely his own.
"I was no impetus whatsoever.I did not have a dog in the fight. I really didn't," Anne Bingaman, a retired attorney with the U.S. Department of Justice. "It was up to him 100 percent. I don't go near the senate. I have nothing to do with it."
She doesn't think the couple will spend their golden years cruising around the world, although some travel is likely.
"I don't expect Jeff not to be actively engaged in something. He's not the type," Bingaman said. "You know it's two years off. I'm sure things will happen and he'll get a clear fix on what the options are and what he might want to do. It's one of these things you can talk to anybody about this. He really doesn't know. I do know he'll do something."
Both she and the Sen. said they had no doubt that he could be re-elected. Thoughtful approach
Bingaman's former state director Terry Brunner, who now heads up the U.S. Agriculture Department in New Mexico, said New Mexicans are recalling the Senator's long service record in New Mexico.
"We're really thinking about everything that Jeff accomplished in the senate, and just the long term of service he had, and what he was able to get done and the thoughtful and considerate way he approached," Brunner said.
Brunner said he was a little surprised that Bingaman opted out of a 2012 campaign, especially since his poll numbers have been positive.
Filling big shoes
"New Mexico is a small state. It's important to have the best voice we can, the strongest, the loudest vote in the senate," Brunner said. "We're going to be lacking in seniority, but I think, hopefully, we can get some good people to fill the shoes --who will take up the banner and fight for New Mexicans up in D.C."
Brunner wants Bingaman's replacement to understand the needs of the state's diverse population.
"I think they need somebody who understands New Mexico -- who get's what we're all about. Somebody who can understand how to work best in the senate to get things accomplished for our small state.
Jeff's always been an independent guy and does what he thinks is best and I knew that he'd make the right decision for himself and that's what this is about," Brunner told us. "He's had a long career in the senate and he's been very effective and I think he has time for another act in his life here and something else he can do contribute to New Mexico."
Bingaman, sensing the seat he held for three decades will be competitive, told reporters he thinks the Democrats will keep his seat.
Off to the races.
In his own words
Today I am announcing that I will not run next year for election for a sixth term in the United States Senate next year in 2012. Representing the people of New Mexico in the Senate is a great honor, and a great responsibility which I have enjoyed for over 28 years.
At the end of this Congress, I will have been in public service for thirty-four years—four as New Mexico’s Attorney General, and thirty in the United States Senate. The end of this Congress is the right time for me to step aside and allow someone else to serve.
It is not easy to get elected to the Senate, and it is not easy to decide to leave the Senate. There is important work that remains to be done. That is true today, and it will be the case at the end of this Congress. It will be true at the end of every future Congress as well. The simple truth is, there is no ideal time to step aside.
I am proud of my service in the Senate, and the work of my staff in New Mexico and Washington who have shared in the trust given by the people of New Mexico. My family, and that fine staff, have made my service possible. We will continue to serve the people of New Mexico through the remainder of this Congress which has just begun.
When I started in the Senate in 1983, and Anne, John and I moved to Washington, we never considered it a permanent move. We have always considered New Mexico our home, and have cherished the time we have been able to spend here over the last three decades. At the end of this term, we will come home to New Mexico to live, and to pursue other challenges.
President's statement:
"From his time in the Army, to his service as New Mexico’s Attorney General and Senior Senator, Jeff Bingaman has served this country and the people of New Mexico for more than three decades. He has been a tireless advocate for preserving America’s natural resources and promoting a clean energy future. Jeff has gained the respect of his colleagues on both sides of the aisle, in New Mexico and in Washington, and his voice on the floor of the Senate will be missed. Michelle and I offer Jeff our best wishes and deepest appreciation for his lifetime of service.”
An emergency disaster assessment team from the Federal Emergency Management Agency's Regional office in Denton, Texas began working in New Mexico on Friday afternoon.
“We’re here to support New Mexico,” FEMA's spokesman Brad Craine told reporters who toured several damaged buildings with the team in downtown Albuquerque.
"The whole reason of coming in and doing a preliminary damage assessment is to simply find out just how much damage was done to the infrastructure," Craine said.
They found heavy industrial heater fans still churning inside the Bernalillo County District Court seven days after water caused damage to walls and carpet.
Across the street at the District Attorney's office, the team heard stories from employees who used personal hair dryers to recover documents ahead of trials and hearings on Monday.
“We literally walked across the street to District Court in some cases with wet, dripping papers that we needed to file” DA Spokesman Pat Davis said. No cases were affected by the flooding and resulting water damage according to Davis.
FEMA's team will focus primarily on publicly owned buildings and infrastructure in counties affected by the severe arctic weather that moved across the state last week causing water pipes to rupture and natural gas to stop flowing to thousands of customers. Craine said individuals and private businesses will have to prove significant losses before they can get relief from FEMA.
He encouraged them to work with their insurance companies and file expedited claims with the New Mexico Gas Company.
After their work on the ground, the team will file their findings with Gov. Susana Martinez, who can then request a declaration. Only then will recommendations for assistance be made to the White House, where President Obama will make the final determination on what financial aid will be given to the state.
On Saturday, the FEMA team will head north to Santa Fe, Espanola, Taos and Questa.
Insurance Companies Warned
New Mexico State Insurance Superintendent John Franchini has issued a directive to all insurance companies warning them not to cancel, refuse to renew, or raise customer policies.
Current statutes forbid them to make any changes following a natural disaster.
“We are advising all insurance companies that we do not expect policyholders to receive any type of premium increase due to claims filed as the result of the severe winter weather or natural gas outages,” Franchini said. “We will personally review any premium or rate increase a New Mexico policyholder sustains to ensure that the increase is fair, not based upon a natural disaster claim and conforms to current State regulations and guidelines.
Individual Claims
While the gas company is processing individual claims, state and federal agencies are still determining how to assist employees who lost wages and businesses who lost sales after having to temporarily shut down.
Many of the assistance programs previously in place, outside of the funds established by New Mexico Gas Company, are programs that have income or amount-of-loss thresholds.
For instance, State of New Mexico Human Services Department has LIHEAP, can often help with heating issues based on an income threshold. Information here.
The Small Business Administration has programs to assist merchants.
In order to qualify for FEMA assistance the team will have to determine more than $2.4 million in losses was incurred statewide before New Mexico can receive recovery reimbursements.
Some state funding has been allocated to the New Mexico Mortgage Finance Authority (MFA) to help income-qualifying customers with these needed repairs on their natural gas-burning appliances, as well as with weatherization services. Assistance applications are available online.
Terry Brunner, USDA Representative, said grants and low interest housing and business loans may be available for home repair and upgrades, but will depend on income levels.
Water utilities assistance is available to repair broken water lines.
Grants are available to repair or upgrade community buildings or services.
The Rural Energy Program offers rebates for energy efficiency upgrades. USDA also offers assistance in cases of crop and livestock weather-related losses.
Frank Padilla, a Housing and Urban Development representative said a total of $200,000 has been made available for immediate assistance for emergency repairs, but must be distributed through local government. And, vouchers are available for residents of uninhabitable homes to stay at a motel for up to 3 weeks.
There is a home program for more extensive repairs through the Mortgage Finance Authority and the NM Energy Smart program can provide assessments and energy efficient upgrade rebates.
The Small Business Administration reported it is only offering its normal services, but continue to assess the situation in New Mexico.
New Mexico Gas Company claims can me made online here.
Hector Balderas On Wednesday, State Auditor Hector Balderas announced a comprehensive anti-corruption legislation package, which includes six bills he says will enhance his office's ability to protect New Mexico taxpayers from financial fraud, waste, and abuse in government.
He campaigned in 2010 on the premise that all public monies have to be accounted for at every level of government including education.
“The Jemez Mountain Schools embezzlement case in 2009 demonstrated that every effort must be made to hold public schools accountable," said Baleras in a news release. "Sen. [Cynthia] Nava’s bill provides my office more auditors to review our schools’ finances and keep more money in our classrooms.”
Sen. Cynthia Nava Senate Education Chairwoman Senator Cynthia Nava has asked for the state's Public Education Department to transfer their inspector general and auditor positions to Baleras' office.
The six bills introduced today include:
· 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.
· HB 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.
Government Scorecard
A listing of New Mexico governmental agencies determined to be at risk because their financial & compliance audits have not been completed and submitted. The list is updated periodically; the date of the occurrence is at the bottom of this document.
At Risk/ Non-Responsive Designations
A listing of New Mexico governmental agencies determined to be at risk that did not respond to the OSA's November 2, 2009 deadline to submit a status report. As of the date specified no status reports have been submitted by for these agencies. (Click here to open document)
Northern New Mexico residents and businesses affected by last week’s storm and gas outages will get a chance tomorrow to meet with federal agencies in Española tomorrow.
A variety of federal agencies and New Mexico nonprofits, including the Agriculture Departments Rural Development and Farm Services agencies, Housing and Urban Development, the Small Business Administration, and Housing Assistance Council, will offer assistance and discuss assistance available to eligible New Mexicans whose homes and businesses were affected by last week’s storm.
The New Mexico congressional delegation and the U.S. Department of Agriculture’s Rural Development Agency is sponsoring the forum on Thursday at 10am at the Mission Museum (1 Calle de los Españoles, Española).
Governor Susana Martinez has said her Homeland Security Department is requesting assistance from FEMA, but details of what the agency can provide is still uncertain, because this week's state of emergency was not cause by an act of god--instead by rolling electrical blackouts in Texas, which caused gas outages across much of the state.
Rolling pipeline outages in West Texas have impeded the delivery of natural gas coming into New Mexico, and thousands of homes and businesses are without the key fuel needed for their heaters and furnaces.
The New Mexico Natural Gas Company says its pipeline system is intact and their crews are working to minimize the impact of the outage.
The City of Albuquerque has activated its Emergency Operation Center, and some 20,000 people have reported their furnaces are out in the state's largest city.
Outages are being reported in smaller cities including Alamogordo, Ruidoso, Espanola, the entire town of Bernalillo, Taos, and most of Otero County.
Safety First
Residents are encouraged to remain in their homes if they can use safe alternative sources of heat to keep warm, such as electric heaters, wood or pellet stoves, and electric blankets.
Officials say DO NOT use unvented heaters, grills, propane or kerosene heaters or camp stoves inside their homes or enclosed spaces, as these can result in carbon monoxide poisoning.
Once gas pressure is restored, New Mexico Gas Company technicians will need to relight each home and business individually. A blue tag will be left to schedule a relight if you aren't home when our technicians visit.
Officials with the gas company are warning customers to think safety first and to seek shelter.
The safety of our customers is of top concern. New Mexico Gas Company has been working with National, County and State emergency services and officials, as well as local assistance agencies.
Seeking Shelter
Emergency shelters have been set up at these locations for residents unable to safely remain at home. These heated facilities will have coats, blankets, food and water, and other emergency relief in coordination with the Red Cross and/or National Guard.
* Alamogordo: Alamogordo Civic Center at 800 East First Street, at the corner of South Florida and First Street. * Silver City: Grants County Conference Center at 3050 Hwy 180E (next to Ace Hardware); phone: 575-388-3180 * Questa: Alta Vista Elementary School gym at 2556 State Road 522 * Espanola: Beatrice Martinez Senior Center at 735 Vietnam Veterans Way
Officials urge neighbors to check on friends, especially the elderly, sick or homebound.
Emergency Numbers
For additional assistance or help getting to an emergency shelter:
In Alamogordo and Otero County:
* Alamogordo Department of Public Safety: 575-439-4300 * Otero County Sheriff: 575-437-2210 * Tularosa Police Dept.: 575-585-2704
In Silver City:
* Convention Center: 575-388-1198, Ext. 10 (no charge) * Corre Caminos: 575-388-3180 ($2.50 and 50 cents each additional person at same address)
At a mid-morning news conference, Mayor Richard Berry said the outages are "historic" and he and his staff are coordinating their response with Governor Susana Martinez. For now he said widespread outage have not hit the city. To avoid more serious problems, the mayor asked residents to lower their thermostats by at least 10 degrees and pull on a sweater.
Anyone seeking shelter in Albuquerque is asked to call the city's 311 service.
Update 615p - State of Emergency
KRQE TV reports:
Gov. Susana Martinez has declared a state of emergency as arctic temperatures and unprecedented demand for gas and electric heat left thousands of consumers without basic utilities.
Martinez signed two executive orders, one declaring the emergency and the second lifting limits on the number of hours propane-delivery drivers can work.
Martinez earlier had ordered thermostats lowered in all state buildings and sent non-critical state workers home to help conserve energy supplies. She also urged New Mexicans to lower their thermostats to reduce energy demand.
In an afternoon news conference in Albuquerque, a Gas Company of New Mexico official said the extreme weather conditions may affect gas deliver for another day or two. He also said the company expected demand to rise, but the below-zero temperatures and power brownouts in west Texas combined to reduce natural gas pressure in New Mexico.
When pressure drops below certain levels, gas in those areas must be shut off for the safety of the system, he said.
UNM Closed until Monday - Local Hotels offer discounted rooms
Officials at the University of New Mexico notified students at it's Albuquerque campus that it will remain closed through Sunday Feb. 6 to help N.M. get through energy crisis. Normal operations to resume Feb. 7.
Hotels in the Duke City have responded to Mayor Berry's call for help and are offering discounted room rates to people affected by power or gas outages.
These are just several around the City that have offered discounts:
A prominent defense attorney, who has represented several murder clients facing the death penalty, including convicted sheriff killer Michael Paul Astorga, doesn’t want to see a repeal of New Mexico’s 2009 death penalty repeal.
Gary Mitchell told me this afternoon it’s too early to consider reversing course.
“We haven’t given it time to work,” Mitchell said. “We have a new governor, who never sought the death penalty when she was as a prosecutor, and now she wants to repeal the repeal. I don’t agree with that.”
Just last week, Gov. Susana Martinez called on the legislature to reinstate the death penalty, stating that “some crimes deserve the ultimate punishment."
Mitchell claims Martinez’ request is politically motivated and that she's “obligated to certain conservative right-wing groups who helped her get elected.”
Martinez made restoring the death penalty a prominent campaign issue last year, and on Tuesday she reiterated her pledge when she told legislators she believed juries should have the option to impose death.
“When a monster rapes and murders a child or a criminal kills a police officer, the death penalty should be an option for the jury,” Martinez said.
Rep. Dennis Kintigh Before introducing today's legislation, Rep. Dennis Kintigh, R-Roswell told KOB TV he favors letting voters decide the issue and plans to sponsor a constitutional amendment.
"There's a lot of good people on both sides of the issue," Kintigh told the television station. "It's a fundamental issue of how we deal with this in society and I believe the best way to deal with these kinds of issues is to let the voters decide, give it to the voters."
Larry Larranaga
But other lawmakers don’t believe this is the year to consider the issue.
"We have very pressing issues during this legislative session," Rep. Larry Larranaga, R-Albuquerque said. "There's the budget, education reform, we've got job creation, we have the economy to look at."
The state only has two men currently on death row, and only executed one man since 1960. In 2001 Terry Clark received a legal injection after being convicted of raping and murdering a child.
When lawmakers dropped the death penalty two years ago they decided to replace it with life in prison without the possibility of parole, but allowed some then death qualified cases like Astoraga’s to continue. He was convicted last year, but the death sentence hearing has delayed while the state’s supreme court reviews petitions by Mitchell.
States Face Shortage of Key Lethal Injection Drug
While it may not become an issue in New Mexico, some states are running out of sodium thiopental, which is used to put prisoners to sleep before other drugs stop breathing and shut down the heart.
That’s because the drug’s manufacturer, Hospira Inc., decided to stop making the drug at its plant in Italy after that country decide to prohibit its export to countries who use it for capitol punishment.
Mitchell said case law would allow the state to change it’s form of executions without additional hearings, but the constitutionality of executions is still the priority.
He said some of the drugs currently used in lethal injections have caused inmates to suffer from painful deaths.
“It’s the main reason executions are not public nor video taped,” Mitchell said. “The gruesome nature of executions offend our human decency.”
Sodium Thiopental is used by 34 of the 35 states that use lethal injection to carry out the death penalty. The scarcity of sodium thiopental has led to execution delays in in at least two states, California and Oklahoma.
Michelle Lyons, a spokesperson for the Texas Department of Criminal Justice told the New York Times they have enough for two scheduled executions in Texas. Texas' supply is expected to expire in March.
“There currently are four executions scheduled in Texas — two in February, one in May and one in July,” said Michelle Lyons, director of public information at the Texas Department of Criminal Justice. At this time, we have enough sodium thiopental on hand to carry out the two executions scheduled in February.”
Last week's story in the NY Times reported an average of 55 executions have taken place annually over the last 10 years, with 46 last year and 52 in 2009, virtually all of them by lethal injection.
Last year’s Republican candidate for state auditor Errol Chavez has died. He had been diagnosed with inoperable brain cancer just a few weeks before the 2010 election.
Chavez, who was raised in Española, talked to me for an hour after then GOP Chairman Harvey Yates announced his candidacy last January and said wanted “to save the money the state is losing by going after people who are corrupt.”
The former DEA agent, who originally planned to run for public land commissioner, worked 31 years for the U.S. Drug Enforcement Administration (DEA), where he managed money laundering investigations; directed the administration’s policy implementation in Europe, Latin America and the United States; and supervised several hundred agents in various assignments.
After retiring from DEA, Chavez became the executive director of the High Intensity Drug Trafficking Area (HIDTA), a federal drug-prohibition enforcement program. In this position, Chavez was responsible for administering and auditing $11 million of federal funds directed to law enforcement agencies and prosecutors in New Mexico.
Chavez served as president of both the Hispanic American Police Command Officers Association and the International Narcotic Enforcement Officers Association, an international law enforcement organization with 12,000 members.
Senator Ingle, who asked for a moment of silence to remember Chavez in Santa Fe this morning, said the state of New Mexico “appreciated Chavez’ willingness to serve the public his entire life. He said the state and the country is grateful to Errol Chavez”
New Mexico Attorney General Gary King, a former legislator himself, said he plans to propose a number of measures to lawmakers meeting in Santa Fe for the state’s 50th Legislative Session.
His wish list includes ethics and campaign finance reforms, and Forfeiture and Drug law revisions to apply to real property seizures, along with several others.
Ethics reform was a focus of King's first term as AG and this year he plans to urge the Legislature to enact a law that prohibits government contractors from donating funds to the government officials with whom they contract, and to require full disclosure of all funds either given to them in the past or directed to other organizations, including nonprofits, at the request of the elected officials.”
King said that he wants all local government employees to be subject to the Governmental Conduct Act, the same law that state officers and workers are bound by.
King, who served 12 years in the New Mexico House of Representatives before losing his 2004 congressional bid to Rep. Steve Pearce, said his measures are “designed to improve the lives and protect the well being of all New Mexicans.”
King’s 2011 priorities (from a news release):
Ethics and Campaign Finance Reforms, focusing on enhanced campaign practice and government contractor disclosures. I am particularly interested in helping New Mexico enact a good, strong public disclosure law so that at a minimum all funds used for political campaign purposes, and all of the sources for those funds, are fully disclosed. Additionally, I will again urge the Legislature to enact a law that prohibits government contractors from donating funds to the government officials with whom they contract, and to require full disclosure of all funds either given to them in the past or directed to other organizations, including nonprofits, at the request of the elected officials. I intend to renew my request to have all local governments subject to the same main Ethics law that governs state officers and employees, the Governmental Conduct Act. This will incorporate a patchwork of Ethics laws into one Code, and be applicable statewide.
DWI and Underage Drinking Prevention...McKinley County has successfully used its ability to raise additional revenues to address serious alcohol and drug abuse problems; that option should be expanded statewide so that the voters in every state county can decide whether they want to tax sales of alcohol to provide additional funds to address alcohol and drug abuse problems.
Domestic Violence law improvements, especially to protect victims using Uniform Orders of Protection.
Criminal Law Enforcement initiatives, including Securities Laws enhancements, Child Pornography law amendments and Animal Cruelty law revisions.
Border Violence and Drug Enforcement issues such as Money Laundering Act revisions to update property crime violations and Administrative subpoenas for computer and bank records to investigate and prosecute sexual exploitation; ID theft and computer crimes; Forfeiture and Drug law revisions to apply to real property seizures and authorize community service improvements.
Consumer Protection proposals, such as a Usury cap on small loans and mortgage foreclosure practice reforms to protect innocent homeowners.
General Fund increased revenues for the State, including strengthening the Fraud Against Taxpayers Act and Tobacco law amendments to maximize the State’s access to full recoveries.
During her State of the State address Gov. Susana Martinez asked lawmakers to strengthen Katies Law by requiring law enforcement agencies to take DNA swabs from all suspects arrested on felony charges. But, lawmakers' reaction to the proposal is mixed.
Many, like Sen. Trip Jennings, D-Roswell, worry those swabs are an invasion of privacy and worry about having records expunged if a suspect is later acquitted.
But the mother of Katie Sepich, a 22-year-old graduate student at New Mexico State University, who was brutally raped, strangled, and whose body was eventually abandoned at a dump site in 2003, says legislator’s concerns are unfounded.
Jayann Sepich, who was invited to sit next to First Gentleman Chuck Franco on Tuesday, says since the law was originally adopted in March 2006 only 12 people have asked for their records to be expunged.
Since January 2007 authorities have gathered 7000 swabs from violent offenders, sex offenders, and burglars. And the results have been overwhelming successful.
Sepich said investigators have solved 173 crimes using the DNA records. Now 24 other states have adopted some version of Katies Law and half of those require swabs from all felony arrests, not just from violent offenders.
In our video interview Sepich told us the DNA samples include no genetic information and when they are entered into a computer do not list suspect's name nor social security number. She says the DNA information only surfaces when a match is made. Only after that do investigators received a name of a potential suspect.
Sepich said DNA can easily and quickly be expunged, while fingerprints, which are taken after every misdemeanor arrest, become part of a permanent file. She says scientists picked 13 points in the DNA strand to use as markers and those points contain no genetic information, which should alleviate privacy concerns.
Traveling around the country, Sepich said she’s heartbroken every time she hears about homicides that could have been prevented. One of those cases is Brianna Denison who was killed in Reno two years ago.
Sepich says her murder could have been prevented if James Michael Biela’s DNA had been collected after an earlier domestic violence arrest.
She also thinks the new proposal can help exonerate innocent people up front. She hopes lawmakers approve it and will be in Santa Fe trying to persuade them that "collecting DNA upon felony arrest will not only solve crimes, but prevent crimes, and save lives."
As lawmakers prepare to consider what do to with the state’s film incentives, the man who started the first governor's film commission in the world, former Gov. David Cargo, is weighing in on the debate.
He’s urging Gov. Susana Martinez to be more empathic toward the state’s film industry.
Cargo suggests her decision to lower incentives from 25 percent to 15 percent is an “attack” on the industry, and he suggested the new governor plan a trip to Hollywood.
“She needs to go out there and talk to the people in the industry and reassure them that they can film in New Mexico and make a profit,” said Cargo.
He said Hollywood executives want assurances the state is open for business and not political attacks on their industry.
“She ought to be talking about the advantages that the motion picture industry brings to New Mexico, how affirmative it is, how much we gain out of it, all of the wonderful things they’ve really done it. It’s a way of assuring them," said Cargo.
He recommends Martinez learn how to approach movie and television producers.
“She’s explaining this in a campaign mode," said Cargo. "You’re not running against the motion picture companies. You’re running a state, and you’ve got to be involved, not in politics, but in government,” said Cargo.
He disagrees with those making the argument that producers will take their business to states that offer the highest incentives.
“They go were they can film and do it most effectively and they’ve got the most cooperation and they’re welcomed. You see it’s the welcome mat that brings them in," said Cargo. "You bring in more people by empathizing with them and understanding what their problems are and working with them.”
During a news conference a day before Martinez' State of the State address Martinez outlined her legislative priorities and told reporters she plans on sticking with her budget plan which includes the incentive reduction.
She contends the incentive amount needs to be reduced to help balance the budget deficit. Martinez has said her priority is to make sure money is not taken away families and children in the state.
Meanwhile, Cargo gave former Gov. Bill Richardson a B grade for his work luring films to New Mexico, but criticized that administrations heavy reliance on subsidies.
Cargo, who never asked then California Gov. Ronald Reagan to send films to New Mexico, believes Martinez will be more successful going straight to the heart of the industry in Los Angeles.
That’s where Cargo spent his time. In fact, in 1971 he made a cameo appearance in Bunny O'Hare, which starred Bette Davis and Ernest Borgnine, as well as parts in 11 other films.
A dedicated promoter of the New Mexico film industry, Cargo, a Republican, was beloved by liberal Democrats in Hollywood, actually becoming personal friends with those behind the camera as well as the stars facing it.
“I had a vision for what we were going to do in filmed entertainment,” said Cargo. “I had a plan. I had a way of working it out. And it worked out rather well -- extraordinarily well.”
Former Lt. Gov. Diane Denish had high praise for Cargo's vision for the film industry.
"Dave Cargo was a visionary governor," said Denish. "He was one of the first New Mexico governors to see the value of the film and television industry to our state's economy."
After his term as governor Cargo shared that vision with his successor Gov. Bruce King. Later he took King, and First Lady Alice King, to visit with some of the producers and studio executives he had already established relationship with in Southern California.
During the trip, they visited Lawrence Welk’s studio During taping of a show, King danced with Albuquerque native Cissy King, while Mr. Welk danced with Alice.
Time to govern
Cargo, who was only 37 when he was elected governor in 1967, also told us he was disappointed in Martinez’ first State of the State speech, calling it "too political."
“She’s got to make the transition from being in campaign mode to being governor. She had a lot of things that were good. But, she’s talking about things that are exciting partisan feelings and that’s not going to get her through the legislature,” said Cargo. “She’s got to get after things that she can agree with them on. She’s got to work with them. She can’t antagonize them.”
Cargo, who celebrated his 82nd birthday last week, wrote an autobiography titled Lonesome Dave several years ago.
Between 200 and 300 hundred Tea Party supporters rallied in the shaded area of the Roundhouse Tuesday morning just hours before the start of the 2011 legislative session.
Former State Rep. Janice Arnold-Jones, who only hours before turned her seat over to freshman Rep. Conrad James, R-Albuquerque, greeted the rambunctious crowd and introduced former Gov. Gary Johnson, the rally's keynote speaker.
Arnold-Jones got cheers and applause when she mentioned Johnson's 750 vetoes and her distrust of former Gov. Bill Richardson's administration.
Braving the wind and cold, Johnson told the crowd both political parties are responsible for the state's current economic mess. He said "this level of spending cannot be sustained."
He also said it was time to consider eliminating the State Treasurer's office, claiming a few people could do the job.
In the rotunda, current Treasurer James Lewis responded to the suggestion, "Gary is Gary."
Johnson also weighed in on the House Speaker's race, telling SF New Mexican Reporter Steve Terrell he thinks it would be "a good change" if Rep. Joseph Cervantes was elected to the leadership post.
But, Heath Haussamen, New Mexico Politics.net's publisher, is reporting that pressure from many of Tea Party supporters, like Tina Carson, who attended the outdoor rally, want Republicans to unite behind a conservative candidate rather than vote for "the lesser of two evils." Haussamen writes a division in the GOP could hurt Cervantes' chances to oust Rep. Lujan, who has had the job since 2001. Several noteable Republican VIP's were spotted in the rally crowd including, Tom Mullins who was last year's GOP candidate for congress in Congressional District 3, and Adam Kokesh, who lost to Mullins in the primary election. Albuquerque City Councilor Dan Lewis, who launched his congressional exploratory committee two weeks ago, and may run against Rep. Martin Heinrich, also braved the chilly weather to attend the rally.
Standing Room only
Every seat in the public gallery of the House chamber is reserved (with yellow stickies) and members of the public who didn't have an invitation and chair, are upset. In fact, they're being forced into a standing room area behind a waist high wall.
One woman from Santa Fe said she noticed them roping off the gallery yesterday and is disappointed that no seat were reserved for the public.
While you might not have a seat in the gallery you can view today's roll call vote and Gov. Susana Martinez' first State of the State online. Several media outlets will be streaming it.
UPDATE:
House GOP Caucus communications director Larry Behrens tells us he's not sure why all the gallery seats were reserved. So far, the Santa Fe fire marshal is allowing people to crowd the space behind the wall, but there does not appear to be much room left.
While Rep. Joseph Cervantes, D-Las Cruces scrambles to pick up votes to oust current NM House Speaker Rep. Ben Luján, D-Nambe, at the start of tomorrow’s 2011 Legislative Session, Lujan’s son, U.S. Rep. Ben R. Lujan says he’s optimistic that his father will retain the leadership post.
Following Albuquerque’s Martin Luther King Rally on Civic Plaza on Saturday, Luján Jr. told us he’ll be in the Roundhouse on Tuesday supporting his father.
“He’s been a tireless advocate for our kids, he’s been a tireless advocate for New Mexicans and education,” Luján Jr. said.
While the congressman would not make any predictions he urged legislators to come together especially from a “caucus perspective to do what is right for New Mexico.” He said he has not been rallying votes for his father.
“We’ll see what happens. I certainly hope that the Democrats can stick together. We’ll see ultimately what their decision is.” Luján Jr. said. “ In the end, this is a discussion about the future of the state.”
He hopes “we can have that debate without being disagreeable,” hoping the party comes together before what is expected to be a busy session in Santa Fe.
Luján Jr. says there they Democrats have fundamental disagreements with the Martinez’ administration during “difficult economic times.”
Political journalist Heath Haussamen has been reporting extensively on the two-man contest since November. He reported Andy Nuñez, D-Hatch, has already said he plans to nominate Cervantes, who has been seeking votes from members of both parties.
And adds:
Luján has also been asking Republicans and Democrats alike for support. Sources say the race remains up in the air and within a couple of votes. There will be heavy, behind-the-scenes politicking between now and Tuesday at noon.
Albuquerque businessman and attorney Sam Bregman, who announced his candidacy for chairman of the state Democratic Party this week, sat down with us on Friday afternoon for an exclusive video interview.
Bregman talked about the party’s platform and core values, political fundraising, his ability to attract strong candidates, and about his plans to recapture eight house seats lost in 2010.
Holding no punches, Bregman said new Gov. Susana Martinez “scares” him and he plans to hold her feet to the fire especially when she “assaults the middle class.”
“We now have a Republican who I think is going to assault the middle class time and time again,” Bregman said near the end of our interview. “We’ve already seen her dismantle environmental regulations. Shame on her for that. There are so many different levels that the state chair needs to hold this Republican governor’s feet to the fire when it comes to her rhetoric and when it comes to her actions.”
As Martinez ramps up her new administration, Bregman said his party will have to develop a coordinated strategy to help Sen. Jeff Bingman win re-election in two years, regain the executive branch in four years and win back those eight new republican house seats in 2012.
While Bregman didn’t blame election defeats in 2010 completely on current Chairman Javier Gonzales he did say he thinks the party's leadership needs to change before the next election.
“If we do the same thing, with the same state chair over the next two years, we’re going to get the same results,” Bregman said. “ We’ve got to come back a lot stronger in 2012. That’s something I plan on doing by working with folks in these contested races.”
Bregman said the Dems are prepared to stand up for the middle class and he’s prepare to carry that mission forward.
“We have to stand up for the working class when it comes to education, when it comes to jobs, when it comes to protecting social security and medicare,” Bregman said.
In fact, Bregman says he supports the party’s platform in it’s entirety.
“That’s the job of the state chair,” Bregman said. “The rank and file determine what the platform is going to be. It’s the job of the chairman to advocate for it -- to give it a voice.”
Bregman said both of the state U.S. Senators are his friends, but doesn’t think the men will get involved in the campaign for chairman in New Mexico.
“I’m really looking for the rank and file Democrats,” Bregman said. “If I have their support I know we’ll get our story out, and we’re going to have some effective, strong leadership.”
Bregman said the Democrats can make gains if they’re successful talking about what direction the state and country are going.
“The Democrats are right on every issue just about when it comes to the general public. Unfortunately we haven’t been getting our story out,” Bregman said. “In 2012 we need to come back stronger than ever. If I get the chance as state chairman I’m going to make sure that story is heard.”
A muddy campaign
Chairman Javier Gonzales Chairman Gonzales, who replaced Brian Colon after he announced his candidacy for Lieutenant Governor on our blog in August 2009, told the Albuquerque Journal he wants the campaign to be positive, and urged other candidates not to "throw stones."
But, we received a copy of an email sent out by a DPNM staffer on Monday that could be perceived by some as a negative campaign tactic.
Director of Party Affair’s John Dyrcz urged supporters, in that email, to write letters critical of Bregman to political gossip columnist Joe Monahan.
I am sure you are aware of the Monahan article mentioning Sam Bregmen as a possible challenger to Javier. We're working on getting some folks to write in to Joe questioning Mr. Bregmen's qualifications.
The email included a link to a story in the New Mexico Independent that included a picture of Bregman defending Meyner and Company executive Bruce Mallot in a State Investment Council whistleblower lawsuit.
One day later Monahan published several of the critical comments from Gonzales’ staff and supporters.
I have a major concern with his candidacy in that (Bregman) represented former State Treasurer Robert Vigil. While I understand everyone is entitled to fair representation, I don't want the Republicans using his representation of Robert Vigil on corruption charges and others to say that it is the same old story in the Democratic Party with the leader of the Party defending those in pay-to-play scandals. I believe that every time he would speak on behalf of the Party that the Republicans would raise that issue. It is time Democrats put those stories to rest and we move forward and work on ensuring that the new Administration does not dismantle programs that are important to working families....
And Monahan reader Scott Tillman "piled on" Bregman with this:
Didn't Bregman represent Marc Correra, the guy that made millions off state investments in the form of finder's fees, and is under investigation with all the pay to play allegations? It just seems that with Sam as chair of the Democratic Party, the Richardson scandals that plagued Denish would hang over the Party even longer. The party needs to move forward, and not backward, in this humble dems opinion.
Bregman calls those criticisms “silly”.
“I’m a lawyer doing my job,” Bregman said.”For someone to be that shortsighted is really silly.”
But Gonzales isn’t the only one going negative.
Bregman said he's heard that Gonzales has taken stipends and insists he would never take a $3 thousand dollar a month stipend. Instead, he said he’d make sure the $36 thousand was used in competitive races across the state.
State party officials told us this afternoon that Chairman Gonzales never received any stipends. And, Federal Election Commission and Secretary of state reports confirmed their statement.
Other’s have been vocal and criticized Gonzales’ leadership as an NMSU regent and for his involvement in a proposed Santa Fe movie studio.
The race will be decided on April 30 in Albuquerque. The party has not picked a venue for their two-day state central meeting, but said it’s reviewing bids from three casinos, Isleta, Sandia, and Santa Ana, and one from the Albuquerque Convention Center.
UPDATE:
Heath Haussamen reported on NMPolitics.net that Letitia Montoya, who most recently worked on the losing campaign of former Secretary of State Mary Herrera, is also seeking the chair position.
We plan to interview both Gonzales and Montoya and post the video here in the next few weeks.
Disclosure: Bregman represented us when we were a plaintiff in a civil case several years ago in Bernalillo County.
