Bingaman: No ideal time to step aside

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.”

FEMA Team: We're here to support New Mexico

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.

PRC wants independent investigation

The New Mexico Public Regulation Commission decided it wants an independent third-party to investigate last week’s natural gas supply interruption to over 40,000 New Mexico Gas Company customers.

The PRC, at the urging of several commissioners, directed its Acting Chief of Staff to prepare an agreement providing for the retention of an independent third party to investigate and file a report with the Commission regarding the cause of the service disruption.

Commissioners say they want their investigation to focus on what happened and how to prevent future gas delivery failures. They also want the investigator to examine whether New Mexico Gas Company's response to the situation was appropriate, such as whether NMGC’s decisions regarding which customers should be curtailed and for how long, and what steps can be taken to ensure that such a situation does not occur again in the future.

PRC Chairman Pat Lyons said that having an independent entity conduct the investigation protect the public’s interest.

“We believe that in order for us to get the most comprehensive and objective information possible, an outside source must be contracted,” Chairman Lyons said. “The Commission will, of course, consider the views of NMGC, Commission Staff, the Attorney General and other interested parties before coming to any decisions. There were far too many people adversely affected by this situation and we want to ensure that New Mexicans never have to endure this kind of hardship again.”

Lyons’ desire to hire an independent investigator was largely endorsed by his Commission colleagues who approved the measure. An NMGC representative who attended Tuesday’s meeting said he agreed that an independent investigation would be prudent.

The Commission expects to finalize its order early next week, thus commencing the investigation process.

The PRC’s Pipeline Safety Bureau and its Utility Division will assist in the investigation.

“We want this done promptly, but we also want to make sure that it’s done thoroughly,” Chairman Lyons added. “New Mexico’s citizens deserve nothing less.”

Several taxpayers say the PRC is already independent of the legislature and executive branches and that they believe it's the commissioners job to do the investigation.

One person we talked to said, "That's what what we pay the PRC members to do."

The final structure and format of the investigation will be determined by the Commission at its Feb. 15 meeting.

From a news release.

AG King issues opinion on HOA Solar Panel Rules

Homeowners who want to install solar panels on their homes, regulated by HOV covenants, are lining up in support of Rep. Mimi Stewart's HB-9, which would prohibit cities from restricting their use.

And, a legal opinion issued today by New Mexico Attorney General Gary King could also help.

King's opinion clarifies a 2007 state law allowing homeowners associations to regulate the installation or use of solar panels-- so long as the regulations do not “effectively prohibit” their installation or use.

Rep. Mimi Stewart, D-Albuquerque, who is sponsoring the 2011 Home Owners Association Act, asked the AG's office for an official opinion on whether or not a homeowners association can require that members seek its approval before installing solar panels?

King's opinion allows homeowners associations to continue to require homeowners to obtain the prior approval of the associations before placing solar collectors on rooftops as long as restrictions on the installation, or use of solar panels, does not make installations unreasonably difficult or costly.

If approved,, Stewart's HB9 would not allow any municipality to restrict the installation of a solar collector as defined pursuant to the Solar Rights Act, except that placement of solar collectors in historic districts.

The AG has posted the full opinion online.

Martinez okays $750K for recovery

After receiving disaster declarations from 13 local governments, Governor Susana Martinez signed an executive order on Wednesday night releasing up to $750,000 in state emergency funds for costs incurred during the statewide natural gas crisis.

“In order to facilitate the quickest possible recovery and reimbursement process for local governments, we have been responding to their requests and working with FEMA from day one to evaluate damages and follow necessary steps to make state and federal funds available," Governor Martinez said in a news release.

With the gas restored to most residents and businesses, the governor said her team is now focused on providing aid to local communities and preventing future outages.

Damage assessment teams from the Federal Emergency Management Agency (FEMA) began arriving in New Mexico yesterday to conduct a detailed accounting of the uninsured costs incurred by state and local entities including the extent of business losses, infrastructure damages, deployment of response resources, and impact on critical facilities.

Those teams efforts will aid work already being done by another FEMA representative, who has been in place at the State Emergency Operation Center in Santa Fe since Monday.

The Martinez Administration said it has been in contact with FEMA since the first day of the natural gas crisis, and the Governor anticipates that damages will rise to the level of a Presidential Disaster Declaration.

At that point FEMA will be authorized to reimburse state and local entities for costs associated with uninsured damages and response efforts during the state of emergency.

The governor’s office Thursday morning that 50+ National Guard troops remain in each of the communities of Taos and Espanola to continue their work with technicians to restore heat to homes where owners have been repeatedly found not to be home; crews are also helping with recovery efforts and safety checks throughout Taos and Espanola neighborhoods.

At least five other local governments are expected to file additional declarations.

Individuals may file a claim directly with the New Mexico Natural Gas Company online. Officials with the company said they have set up an expedited claim process.

Palm printing in the hands of the senate

Sen. Sander Rue
Embracing new crime fighting technology, Sen. Sander Rue, R-Rio Rancho is sponsoring a measure requested by law enforcement agencies to help them catch and arrest more criminals.

SB 102, which has already passed the Senate Judiciary Committee, requires anyone who is arrested to submit to having their palm print impression recorded in addition to being fingerprinted during jail booking.

“Everyone seems to be fascinated with Criminal Scene Investigations (CSI) that use the latest and greatest to solve crimes,” Sen. Rue said. “Let’s use more of it to solve crimes in New Mexico.”


The bill requires anyone arrested to have their palm print impressions taken in addition to being fingerprinted when they are booked into jail.

“By using the latest technology at crime scenes, a lot of good palm prints can be lifted while only partial fingerprints might be detected and might not be readable,” Senator Rue said. “This bill requires that palm prints are also taken at the time of booking an alleged criminal so they can be stored digitally and used to crack more crimes. Having digital palm prints on file increases the odds of tying a particular person to the crime scene.”

Since the digital palm prints would remain on file, along with the booking sheet, they can be used to match against latent or hidden prints left at crime scenes, thus giving investigators an increased chance of matching ‘latent’ against existing digital fingerprint/palm print files.

The legislation seeks to amends 29-3-8 NMSA 1978 to add palm printing to the fingerprinting process conducted by law enforcement agencies as a part of a booking subsequent to a felony arrest. The bill adds “palm print” or “palm printing” to every mention of fingerprint or fingerprinting in 29-3-8 NMSA 1978.

The Administrative Office of the Courts (AOC) indicates that the requirement of palm printing in addition to fingerprinting in association with arrests is a trend throughout the country and simply requires that a palm print impression of each hand be added to the 10-print fingerprinting process.

Senator Rue said because DPS is now gathering and storing palm prints, DPS processes will not change. Many law enforcement agencies are already collecting palm prints so impact on law enforcement should be minimal since palm printing as an adjunct to fingerprinting takes very little time, and requires less expertise than fingerprinting.”

Source: Senate Leadership office

NM Gas Company provides online claim forms after gas shortage

A day after the New Mexico Gas Company announced a one million dollar fund to assist customers with claims as a result of the gas shortage, it's now providing customer's details for its expedited claims process.

The company has posted an online form for customers to file claims in English and Spanish.

There are several ways customers can file a claim:

· Online at customers can fill out a claims form and submit it directly from the Web site.

· Customers may print the form, fill it out and fax or mail it to the New Mexico Gas Company Claims Department.

· Call the customer service number at 1-888-664-2726.

Once a claim is filed online or on the phone with a customer service representative, customers will immediately receive a claim number. Customer service will call customers with a claim number if they file through the mail or via fax.

To file a claim, customers must provide their New Mexico Gas Company account number and insurance information, including their insurance policy number.

State Auditor Announces Educational Accountability and Anti-Corruption Legislation

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)

Feds schedule forum to discuss NM storm assistance with residents and businesses

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.

Skandera Announces PED Advisory Team

On Wednesday afternoon, New Mexico Public Education Secretary-designate Hanna Skandera announced she's selected a team of education experts to help her roll out new state policies and manage administrative issues.

Skandera says the team will bring a "wealth of education experience" and provide the state necessary cost savings during a hiring freeze.

Announcing the team in a news release, Skandera said the provides "an alternative to the immediate hiring of many of the Department’s exempt positions, resulting in a cost-savings to the State of New Mexico and more time to recruit exceptional full-time talent."

During the campaign, Gov. Susana Martinez made improving education in New Mexico a top priority and said she's committed to ensuring every student has access to quality schools and teachers. In her State of the State speech in Santa Fe last month, Martinez announced a "Kids First, New Mexico Wins plan."

While legislators continue to debate the 2012 budget proposals, Martinez continues to push her plan, which she has said will put 65 cents of every budget dollar into the classroom. She says districts need to cut more administrative costs.

Martinez has told reporters that her plan will increase accountability and transparency in education, end social promotion, help districts allocate resources to key targets, and identify and reward effective educators and leaders.

New members of the Public Education Department Advisory team are Catherine Freeman, Christy Hovanetz, Jay Pfeiffer, David Saba, Jeff Sellers, John Bailey, Terrell Halaska, Kristy Campbell, and Chad Colby.

We posted their individual backgrounds here.