Friday, March 12, 2010

Herrera Fights Back

Secretary of State has hired veteran Albuquerque lawyer Sam Bregman to help her respond to the charges in A.J. Salazar's resignation letter.

Well, not actually to respond to the charges, but to make charges of her own.

Salazar wasn't concerned about ethics, Bregman said. He was just mad because he didn't get the days off he wanted. Bregman supplied an e-mail exchange between Herrera and Salazar, the day before Salazar resigned to bolster that argument.

Salazar denies it, saying Bregman's charges just show evidence of retaliation by Herrera, which Salazar alluded to in his resignation.

Looks like this is going to get even uglier by the time its over.

On Saturday Democrats will endorse Herrera at their pre-primary convention at Buffalo Thunder resort. She has no primary opposition and will face Republican Dianna Duran in the November general election.

Thursday, March 11, 2010

Salazar's Resignation Letter

Here's a copy of A.J. Salazar's resignation letter (thanks Rio Grande Sun).

Besides the allegations that already have been reported, Salazar accuses Herrera of refusing to discipline an IT employee who allegedly hacked into the SOS computer system because he's married to a "political supporter."

He also says Herrera has failed to protect the chain of custody of voting machines and there is a lack of security in the machines' storage.

Salazar also says that during the recent legislative session Herrera's office asked that a bill the SOS had been supporting, to provide more transparency in the Confidential Address program, be tabled.

And he claims that Herrera has retaliated against him.

SOS spokesman James Flores said he doesn't know whether the office will be commenting on the letter.

Here's the letter. Watch Friday's New Mexican for more.

Salazar Resignation Letter

Massa Tickles, Richardson Headlocks


Somehow I never figured that our governor would end up in a national publication's discussion of the Rep. Eric Massa saga.

But this piece in The Atlantic by reporter Marc Armbinder tickled my interest.

Former Rep. Eric Massa's description of tickle fights in his office reminded me of my own brush with powerful men and their wandering hands.When I was a cub reporter for the Harvard Crimson, I attended a 1999 Democratic primary debate between Al Gore and Bill Bradley. The then-Vice President had asked several cabinet secretaries to attend the event as his surrogates. After the debate ended, I approached the Secretary of Education, a genial man named Richard Riley, and asked for his impressions.

After I had identified myself, Riley reached out his right arm and proceeded to tickle me in the Pillsbury dough boy-style. Then, he answered my question. A few moments later, I walked up to the Secretary of Energy, Bill Richardson. Same scenario. I identified myself as a reporter with the Crimson. Richardson proceeded to put me in a headlock. Then he answered my question.

I wasn't sure if there was an epidemic of personal space violation virus in the Cabinet -- I had to make the connection at the time to the president's imbroglio with an intern -- or whether my slightly pudgy body type and earnest college newspaper mannerisms invited these powerful, heterosexual men to grope and grab at me. I was, to say the least, amused. Richardson, I later learned, was touchy-feely by nature.


For the record, Richardson has never attempted to put me in a headlock.

Wednesday, March 10, 2010

Roundhouse Roundup: Food Tax Rumblings

A version of this was published in The Santa Fe New Mexican
March 11, 2010


I've heard rumblings that some delegates for Saturday's Democratic Party pre-primary convention at Pojoaque Pueblo's Buffalo Thunder Resort aren't happy about how some lieutenant governor candidates voted in the Legislature last week on reinstating a state tax on groceries.

While tax-hating/tax-baiting is generally the purview of Republicans, lots of Democrats — especially progressives — oppose taxing food because the burden falls harder on lower-income people, who spend a bigger percentage of their income on food.

But all three of the Democratic candidates for lieutenant governor who are legislators voted — directly or indirectly — to raise the food tax during last week's special session.

Sens. Jerry Ortiz y Pino and Linda Lopez, both Albuquerque Democrats, voted March 2 vote against an amendment to Senate Bill 10 that would have deleted the section on raising the food tax.

Over in the House, Rep. Joe Campos, D-Santa Rosa, voted March 3 in favor of tabling an amendment on SB 10 that would have deleted the section on raising the food tax. A "yes" vote on that tabling motion had the effect of killing the amendment, thus keeping the food-tax increase in the bill.

Not voting on the bill were lieutenant governor candidates Brian Colón and Lawrence Rael. They have a good excuse. They aren't in the Legislature.

On the Republican side, Rep. Janice Arnold Jones, an Albuquerque Republican running for governor, voted against tabling the anti-food-tax amendment, while in the Senate, fellow Albuquerque Republican Kent Cravens voted for the amendment that would have axed the food tax.

This shouldn't be a matter of contention at the GOP pre-primary convention in Albuquerque this Saturday. All five gubernatorial candidates have come out against the food tax. I'm pretty sure the GOP's other lieutenant governor candidates won't be criticizing Cravens for his vote.
NM Legislature 2010
Meanwhile, back at Buffalo Thunder: Lt. Gov. Diane Denish isn't worried about what her primary opponents are saying about her — because she doesn't have any.

On the matter of the food tax, she told reporters at a news conference last week that she was against reinstating the tax on food because, she said, it's regressive.

But, when asked by reporters, she wouldn't say whether she'd veto the food tax if she were governor.

In fairness, it's not an easy question. Gov. Bill Richardson, who also says he hates the food tax, is wrestling with the issue.

There's some legal question as to whether any governor has the right to line-item veto that portion of the tax bill. As Barry Massey of The Associated Press explained this week, "At issue is whether the tax bill appropriates money. Under the state Constitution, the governor can make line-item vetoes only in appropriations bills."

And even if SB 10 ultimately is deemed an appropriations bill, whether to veto still can't be an easy decision. If the food tax is vetoed from the bill, whoever is governor will have to find a way to make up for the estimated $68 million in revenue that the food tax would generate.

Even so, you've got to admire the spunk of a suggestion by GOP gubernatorial candidate Susana Martinez. In an e-mail to supporters and reporters Monday, she blasted Denish for not taking advantage of Richardson's trip to Window Rock, Ariz., for a few hours last week.

"Just last week, Denish was acting Governor," Martinez said in the letter. "As acting Governor, she even signed legislation.

"So, that raises this question: If Denish is so opposed to the food tax, and she was acting governor, why didn't she take the opportunity to show real leadership and VETO the food tax increase?"

Just think of the political uproar that move would have caused. Whether or not it would have been a wise move, it sure would have been a fun story to cover.

NM Legislature 2010
(Above: Acting Gov. Diane Denish signs a bill -- but doesn't veto food tax)

New SIC Members All Richardson Contributors

Gov. Bill Richardson today appointed his new members of the troubled State Investment Council. They are former interim state Treasurer Doug Brown — who Richardson appointed in 2005 to replace Robert Vigil who resigned in the face of a kickback scandal — and Santa Fe banker Catherine Allen will become the “public members” appointed by the governor.

Richardson re-appointed David Harris, currently a vice president at the University of New Mexico, to represent higher education on the council.

One thing all three appointments have in common: According to records kept by Followthemoney.org and OpenSecrets.org, all three have contributed thousand of dollars to Richardson’s campaigns, both gubernatorial and presidential.

Allen has contributed more than $17,000 to Richardson’s gubernatorial races, plus $4,600 to his 2008 presidential campaign. ($2,300 of that, which was earmarked for the general election, was refunded, as is the law for contributions to candidates who don’t make it past the primaries.)

Brown also gave the governor more than $17,000 for his two state races and $4,600 to Richardson ‘08 campaign, $2,300 of which was refunded.

Harris gave Richardson’s 2006 campaign $2,500 and his presidential campaign $2,300.

Allen and Brown also have contributed thousands to Lt. Gov. Diane Denish’s campaigns through the years. Allen has contributed more than $10,600 to Denish, who is running for governor this year. Brown has contributed $1,500 to Denish.

Asked about the contributions, Richardson spokesman Gilbert Gallegos said Wednesday, “They all have stellar reputations in the community and extensive financial experience that make them ideal for a seat on the State Investment Council. In addition, both Brown (who is a Republican) and Harris have served the state in various ways with distinction. Harris, of course, has served in Democratic and Republican administrations.”

More on the appointments in Thursday's New Mexican.

Final Bill Action

Gov. Bill Richardson today signed a bill to all people with concealed-carry licenses to take their weapons into restaurants with beer and wine licenses.

“My decision to sign this bill came after much contemplation and thought. I heard strong opinions from both those for and against the bill,” Richardson said in a news release. “As the governor of a western state, I know well the deep feelings that come with such a measure, but I also understand those feelings and beliefs must be tempered by the enactment of certain safeguards.”

Under current state statute and regulation, there's no clear and explicit prohibition on the consumption of alcohol while carrying a concealed weapon, the news release said. Richardson is directing the Department of Public Safety to revise its regulations to make it clear that consumption of alcohol while carrying a concealed weapon is prohibited. He's also encouraging the Legislature to consider measures to make such a prohibition unequivocal in state law.

He also signed SB182, which cancels more than 2,500 stalled capital outlay projects, saving the state an estimated $141 million.

The governor pocket vetoed the Senate's Whistleblower Protection Act, sponsored by Sen. Sue Wilson Beffort, R-Sandia Park. However, earlier he signed an identical measure by Rep. Joe Cervantes, D-Las Cruces.

Richardson still has a couple of weeks to take action on the bills dealing with the budget and taxes that came out of the special session.

Here's a list of the action he took on bills from the regular session.

Action Date – January 28

HB 1 Feed Bill (partial veto)

Action Date – February 8

HB 64 School Equalization Distribution Date Change


Action Date – February 23

SB 6 Create Additional Judgeships


Action Date - February 26

SB 12 HIV At-Risk Individual Partner Services

SB 32 DWI Chemical Test Fee Increase

SB 41 Notice to Land Grants of Nearby Surveys

SB 226 Magistrate Courts Operations Fund & Fees

GOV. BILL RICHARDSON
Action Date - February 27

HB 112 Las Cruces Tax Increment Project Bonds

HB 165 Whistleblower Protection Act

SB 9 Space Flight Informed Consent Act

SB 95 Las Cruces Tax Increment Project Bonds

SB 279 Colonias Infrastructure Act & Fund


Action Date – March 1

SB 18 Changes to State Investment Bodies

SB 138 Limit Appraisal Management Company Fees


Action Date – March 2

HB 16 Retirement Beneficiary De-selection Option

HB 80 Mining Emergency Notice Appeals

HB 264 Indian Law Institute for Legislators

SB 59 Extend gas Tax Sharing Agreement Terms

SB 120 NMFA Securities Requirements

SB 144 Affordable Housing Tax Credit Use & Vouchers

SB 207 Public Employees Returning to Work


Action Date – March 3

HB 53 Financial Literacy as School Math Requirement

HB 63 HIV Testing for Certain Crimes

HB 81 Petroleum Storage Tank Definition Changes

HB 198 Voting System Maintenance and Storage

HB 207 Interlock Fund Eligibility

HB 233 No Solar Panels as Property Tax Improvements

SB 94 Land Grant Tort Liability Coverage

SB 129 Continue Military & Vets’ Affairs Committee

SB 264 Interim Disabilities Concerns Subcommittee


Action Date – March 4

HB 203 Business Retention Gross Tax & Gaming Tax


Action Date – March 5

HB 90 Native American Schools Dual Credit Program

HB 162 Severance Bonds for Tribal Infrastructure

SB 55 Missing Person & Amber Alert Info & Training

SB 107 Indian Arts & Craft Crime Consistencies

SB 167 Add Domestic Abuse to Missing Persons Info

SB 195 Sunshine Portal Transparency Act


Action Date – March 6

HB 15 Create Eastern NM Water Utility Authority

HB 93 Certain Auto Dealer Acts as Unlawful

SB 58 Certain Auto Dealer Acts as Unlawful


Action Date – March 8

HB 8 Development Training Funds

HB 24 Educational Opportunity for Military Children

HB 25 Online & Phone Driver’s License Renewal

HB 26 Medical-Assistance Home Program Osteopathy

HB 30 Capital Outlay Gross Receipts Restrictions

HB 37 Military Discount for Hunting Licenses

HB 38 Public Project Revolving Loan Fund Projects

HB 56 NMFA Water Fund Projects

HB 74 Charter School Oversight for 1 Year

HB 79 Tobacco Settlement Fund Distribution

HB 101 Nuclear Worker’s Assistance Fund

HB 108 Drinking Water System Financing

HB 109 Human Services Department Contractor Procedures

HB 113 Aquatic Invasive Species Control

HB 114 Postpone Fire Protection Fund Distribution

HB 120 Tax Withholding Changes

HB 127 Qualified Minors on Precinct Boards

HB 131 Consumer Reporting Info Removal for ID Theft

HB 144 Unemployment Contribution Schedule

HB 145 Qualified School Construction Bonds

HB 171 Transport of Dairy Waste for Gas Tax Credit

HB 201 Add Diseases to Tests for Newborns

HB 204 Transportation Services Definitions

HB 205 Mortgage Foreclosure Consultant Fraud

HB 216 Medical Insurance Pool High Risk Programs

HB 217 No Abuse In Resident or Care Provider Homes

HB 230 Dyslexic Student Intervention

HB 231 Disclosure of Educational Pension Amounts

HB 239 No Educational Retirement Benefit Adjustments

HB 261 Solar & Wind Energy Equipment Gross Receipts

HB 266 Unexpended Funds for NM Recovery Fund

SB 2 Domestic Violence Household Member Defined

SB 26 Create NM Domestic Violence Commission

SB 47 Economic Development Tax Incentive Changes

SB 60 Hazardous Duty Officers’ Employee Relations

SB 66 Economic Development Revolving Fund Projects

SB 70 Continuing Care Community Consumer Protection

SB 77 State Agency Credit Card Processing Fees

SB 85 School Leadership Institute

SB 87 Delay School Year & Day Length Changes

SB 91 Delay Educational Retirement Contributions

SB 97 School District Budget Flexibility

SB 100 Fire Protection Grants as Volunteer Stipends

SB 137 Alternative Driver’s License Renewal

SB 152 College Student Lists to Credit Companies

SB 162 County Gross Receipts Tax for County Projects

SB 186 Natural Heritage Conservation Act

SB 193 Fishing License For Certain Military Members

SB 200 Public Building Energy Efficiency Standards

SB 201 Electric Generating Facility Gross Receipts

SB 209 Disabled-Accessible Parking Changes

SB 234 County Hospital Gross Receipts Purposes

SB 254 Consideration of Crime Conviction for Jobs


Action Date – March 9

HB 12 Health Insurer Service Reimbursement

HB 208 Oil & Gas Tax to Reclamation Fund

HB 229 Establish Metro Court in Certain Counties

HB 237 Government Restructuring Task Force

HB 269 Utility Right-of-Way Access

SB 1 School Athlete Head Injury Safety Protocols

SB 148 No Use of Gender for Health Insurance Rating

SB 216 Repeal “Guilty But Mentally Ill” Plea


Action Date - March 10

HB 44 Health Education Required for Graduation

HB 68 Public School Capital Outlay Omnibus Bill

HB 69 Reporting of Cohort Graduation Data

HB 70 Educational Data System

HB 71 Mentorship Requirements for Level 1 Teachers

HB 150 Hispanic Education Act

HB 181 Public Utility Definitions & Cost Recovery

HB 227 School Board Finance & Audit Committees

HB 232 Standardized School Finance Reporting Dates

SB 40 Concealed Guns in Certain Restaurants

SB 111 Additional Teacher Evaluation Standards

SB 132 Hispanic Education Act

SB 134 Military Veteran Lottery Scholarship

SB 182 Capital Outlay Reversions for Solvency

SB 190 Public Utility Definitions & Cost Recovery


Vetoed Legislation (March 10)

SB 165 Delay School Athletics Equity Act

Pocket Vetoes

HB 21 School Priority for Certain Students

HB 116 Game & Fish Licenses for Military on Leave

HB 197 Severance Fund Investment in Renewable Energy

HB 247 LFC Oversight of Certain Federal Funds

SB 78 Alternative School Curricular Plans

SB 84 New School Sustainability Features

SB 96 Whistleblower Protection Act

SB 156 Human Services Department Contractor Compensation

Tuesday, March 9, 2010

The Latest in the Foy Suit

Gary Bland
Former Education Retirement Board investment officer Frank Foy filed an amended version of his whistle-blower lawsuit this week in state district court.

In it, he claims state Finance Secretary Katherine Miller pressured members of the State Investment Council to keep SIC director Gary Bland last October in the days before Bland resigned.

Miller on Tuesday denied the accusation. But backing her up was state Land Commissioner Pat Lyons, a member of the SIC who was actively pushing for a no-confidence vote for Bland. He said that nobody tried to pressure him or any other members he knows of, to keep Bland on the job.

Lyons, a Republican, usually isn't the first to defend the administration of Democrat Bill Richardson. In fact he and Richardson have been on opposite sides of several issues -- including the state investment scandals.

See my story in Wednesday's New Mexican HERE.

Monday, March 8, 2010

Republican Moore Discloses Contributions

Republican lieutenant governor contender Brian Moore has joined the list of state candidates who are disclosing their campaign contributions months ahead of the legal deadline.

You can find that on Moore's Web site HERE . According to those figures, Moore has raised more than $118,000. Of that, $100,000 is a contribution from himself.

His contributors include several Republican legislators including Sens. Clint Harden and Carroll Leavell and Reps. Don Bratton, Don Tripp and Dennis Roche. Former state Land Commissioner Bill Humphries is among Moore's contributors as is Lou Gallegos, former chief of staff for Gov. Gary Johnson.

I was so busy in the lead-up to the special session last week I forgot to mention that GOP gubernatorial hopeful Pete Domenici Jr. also released a list of contributors. He's raised more than $264,000, according to his Web site.

Domenici donated $50,000 of his own money to the campaign. He also got about $40,000 connected to Robert Fiser, an Albuquerque lawyer who has been convicted of tax evasion.

Saturday, March 6, 2010

King says Letter is a Public Document

Attorney General Gary King told me and other reporters Friday that his office believes a letter of resignation from the former state Elections Bureau director is public information — contrary to what the Secretary of State's Office claims.

I'm referring, of course to the "Take this job and shove it" letter from A.J. Salazar, in which Salazar reportedly accuses Secretary of State Mary Herrera of violating New Mexico's Governmental Conduct Act and election laws. The Secretary of State's Office so far has refused to hand it over to reporters (thought The Albuquerque Journal apparently got a copy from God knows hwere.)

My story about King's remarks is HERE.

My story that was published Friday is HERE.

Thursday, March 4, 2010

SINE DIE!

The Senate just called it quits.

Now they're waking up the House.

UPDATE: (from my Twitter account) Sine double die. House calls it quits.