She immediately signed a flurry of executive orders. One directed agencies to cooperate with any federal investigation -- apparently spurred by the ongoing investigations of alleged influence peddling in the awarding of state investments -- while another order limits the administration’s use of executive privilege to deny public records requests.
Here's what those orders say:
EXECUTIVE ORDER 2011-001
FORMATION OF A SMALL BUSINESS-FRIENDLY TASK FORCE;
ESTABLISHING A 90-DAY REVIEW PERIOD FOR ALL PROPOSED AND PENDING RULES AND REGULATIONS
WHEREAS, New Mexico’s citizens, their government, and all persons doing business in this State have a mutual interest in the proper administration of government and business, requiring common sense administrative rules and regulations that are comprehensible, reasonable, consistent, predictable, responsive, and without undue redundancy;
WHEREAS, one of the priorities of the Governor of New Mexico is establishing a common sense approach to executive rules and regulations, in accordance with the constitutional authority to direct the departments and agencies of the State of New Mexico, by establishing a “Small Business-Friendly Task Force” chaired by the Secretary of Economic Development;
WHEREAS, most proposed and pending rules and regulations can be temporarily suspended without detriment to the health or welfare of the citizens of New Mexico;
WHEREAS, ninety days is a reasonable time to review such proposed and pending rules and regulations, to examine them from various perspectives as to their workability, reasonableness, and determine whether they are proper and necessary;
WHEREAS, such an effort is timely given current unemployment levels and state budget difficulties, in order to create economic opportunity for each and every New Mexican, while protecting and preserving the health, safety and welfare of our community.
THEREFORE, I, Susana Martinez, Governor of the State of New Mexico, by the authority vested in me by the Constitution of the State of New Mexico and by its statutes, do hereby ORDER and DIRECT:
1. All proposed and pending rules and regulations, excluding those not under the authority of the Governor, are suspended for a period of review of 90 days unless excepted as set forth below.
2. Proposed and pending regulations shall not be suspended if doing so would:
a. Adversely impact public health;
b. Adversely impact public safety or security;
c. Fail to comply with a judicial order or deadline;
d. Prevent the respective department or agency from carrying out its essential functions and duties; or
e. Prevent qualification for any federal funds or certifications.
3. Each department or agency shall submit to the Office of the Governor a comprehensive listing of proposed and pending rules and regulations, for review not later than January 14, 2011.
4. Any proposed or pending rules and regulations to which this Order applies and the department or agency believes should be treated as an exception pursuant to paragraph 2, shall be separately identified as such, with a statement as to the basis for the exception and how it applies.
5. The Office of the Governor may, with the advice of the head of the department or agency affected, determine whether any rule or regulation initially excepted under paragraph 2 shall remain excepted. The Office of the Governor may, with the advice of the head of the department or agency affected, determine whether any rule or regulation not initially excepted under paragraph 2 shall also be excepted.
6. Each department and agency shall also review all of its existing rules and regulations with a view to enhancing the purpose of this Task Force, and no later than January 31, 2011, identify to the Secretary of Economic Development each rule or regulation, the rescinding or revision of which could significantly enhance the business environment in New Mexico through economic development and employment growth.
7. The Task Force shall, at a minimum, consist of the Secretaries of Taxation and Revenue, Workforce Solutions, General Services, and others whom the Governor may designate.
8. The Task Force shall make a report to the Governor no later than 90 days from the effective date of this order, and shall continue, as needed, to make specific legislative and regulatory recommendations to achieve economic growth and stability in New Mexico.
9. This Order does not create any legal rights on the part of any person or entity and shall not be a basis for a challenge to rules or regulations or any other action or inaction by any New Mexico governmental department or agency.
THIS ORDER supersedes any other previous orders, proclamations, or directives to the extent they are in conflict. This Executive Order shall take effect immediately.
EXECUTIVE ORDER 2011-002
REQUIRING ALL STATE AGENCIES AND EMPLOYEES TO COOPERATE WITH A REQUEST OR INQUIRY BY A FEDERAL CIVIL OR CRIMINAL INVESTIGATIVE AUTHORITY
WHEREAS, state agencies of the State of New Mexico have in the recent past been subject to investigation and scrutiny by federal law enforcement agencies and federal civil investigative authorities;
WHEREAS, it appears that federal civil and criminal subpoenas have been required by state agencies and their employees before their producing documents to federal investigative agencies;
WHEREAS, it appears that executive privilege may have been invoked in partial resistance to compliance with the aforementioned federal subpoenas;
WHEREAS, it is the policy of this administration to expose corruption in state government at all levels;
THEREFORE, I, Susana Martinez, Governor of the State of New Mexico, by virtue of the authority vested in me by the Constitution and the laws of the State of New Mexico, do hereby ORDER and DIRECT:
1. All state agencies and employees shall cooperate truthfully and in good faith with any request or inquiry from any federal civil or criminal investigative authority.
2. No state agency or employee shall require service of a subpoena before responding in good faith to a request for records from a federal civil or criminal investigative authority.
3. No state agency, its counsel, or its employees shall invoke executive privilege in response to any federal subpoena or request for information without express consent from the Office of the Governor.
THIS ORDER supersedes any other previous orders, proclamations, or directives to the extent they are in conflict. This Executive Order shall take effect immediately.
EXECUTIVE ORDER 2011-003
LIMITING THE CLAIM OF EXECUTIVE PRIVILEGE, TO PROMOTE TRANSPARENCY AND OPEN GOVERNMENT
WHEREAS, the citizens of New Mexico are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees. To provide citizens with public information should be recognized as an essential function of a representative government and an integral part of the routine duties of public officers and employees;
WHEREAS access to public information should be the rule, and denial thereof the exception;
WHEREAS the executive communications privilege is a constitutionally-based privilege recognized by the New Mexico courts;
WHEREAS this administration will not allow the blanket assertion of privileges to avoid the production of public records that disclose or suggest criminal or questionable activity by public officials;
THEREFORE, I, Susana Martinez, Governor of the State of New Mexico, by virtue of the authority vested in me by the Constitution and the laws of the State of New Mexico, do hereby ORDER and DIRECT:
1. “Executive Privilege” can only be invoked with written authorization from the Office of the Governor;
2. Requests to invoke the privilege shall be carefully considered and limited to circumstances in which:
a. the information sought to be held confidential consists of communications between or among the Governor, a Cabinet Secretary, an agency head or any of their high-level advisors;
b. the advice was rendered in connection to a pending or anticipated decision;
c. the Office of the Governor determines that the information sought to be kept confidential does not consist of evidence of potential or actual government misconduct; and
d. the Office of the Governor independently is satisfied that these conditions have been met.
3. Information or documents requested that contain information subject to an appropriate invocation of the executive privilege will be redacted so that any other information on the document that is properly public is disclosed.
4. This Order does not create any legal rights on the part of any person or entity and shall not be the basis of any lawsuit or challenge to any public records determination.
THIS ORDER supersedes any other previous orders, proclamations, or directives to the extent they are in conflict. This Executive Order shall take effect immediately.
EXECUTIVE ORDER 2011-004
PROHIBITING STATE AGENCIES, DEPARTMENTS, OR BOARDS FROM HIRING LOBBYISTS
WHEREAS, as a matter of public policy, public monies should not be expended by state agencies, departments, or boards to hire lobbyists to procure additional state funding;
WHEREAS, during a significant fiscal crisis, the government of the State of New Mexico has the vested authority to be the good steward of state funds and taxpayer dollars;
WHEREAS, it is in the best interests of the State of New Mexico to prohibit the expenditure of public funds for the purpose of hiring lobbyists by state agencies, departments, or boards.
THEREFORE, I, Susana Martinez, Governor of the State of New Mexico, by virtue of the authority vested in me by the Constitution and the laws of the State of New Mexico, do hereby ORDER and DIRECT:
1. No state agency, department or board, over which the Governor retains authority, may retain or hire a lobbyist, as defined in NMSA 1978 §2-11-2.
2. Any existing contract between such a state government entity and any individual or entity for lobbying shall be terminated at the earliest opportunity.
3. This Order does not create any legal rights on the part of any person or entity and shall not be a basis for a challenge to rules or regulations or other action or inaction by any state governmental entity.
THIS ORDER supersedes any other previous orders, proclamations, or directives to the extent they are in conflict. This Executive Order shall take effect immediately.
Posts
