Best Ad of the Year?

That's what some national Republicans are saying about Susana Martinez's new one.

Karl Rove himself tweeted "Best rebuttal ad of #2010 so far ..."

The conservative National Review's Jim Geraghty was even more enthusiastic.

Nothing flashy, no fancy graphics, no Demonsheeps or folksy Alabamans on a horse. Just pointing out one really key fact that Susana Martinez’s rival, Democrat Diane Denish, failed to mention in her last ad. With one unbelievable unforced error, the Denish campaign just nuked their own credibility.

Here's what they're talking about:



A couple of nitpicks: The ad wasn't from the Denish campaign itself but the National Education Association, which is supporting Denish.

Also, according to The Albuquerque Journal, the man who was arrested is the ex-husband of the woman in the ad, a teacher from Las Cruces -- who says the guy got what he deserved.

Still, the ad is effective. It's refreshing to see the candidate herself talking -- not the usual attack-ad guy both parties use who sounds like he earns most his living doing voiceovers on horror movie trailers.

But let's not shortchange the Demon Sheep or the guy on the horse ...

GOP Governors Association Pump $500 K Into Martinez Campaign

That's what Chris Cillizza is reporting in his Washington Post blog The Fix.

The Republican Governors Association in recent days has donated $500,000 to Dona Ana County District Attorney Susana Martinez's gubernatorial campaign in New Mexico, the latest sign that national GOP strategists believe that they have a genuine pickup opportunity in the Land of Enchantment.

Martinez, who won a contested primary in June with the financial help of the RGA, is running strongly against Lt.Gov. Diane Denish in the race to replace term limited Gov. Bill Richardson (D).

Actually, the RGA's previous contribution to Martinez ($250,000) came immediately after the June primary, according to the organization's report filed with the IRS.

The Democratic Governors Association has contributed $181,500 to Denish as of the most recent available campaign finance reports, though, as Cillizza notes, the DGA has run tv commercials bashing Martinez.

The next round of campaign finance reports are due Monday.

Roundhouse Roundup:History of Staff Problems at SOS

A version of this was published in The Santa Fe New Mexican
September 8, 2010

Secretary of State Mary Herrera's problems with her staff in the last few months have been well documented. But these problems didn't happen all at once.

In fact, some say her staff problems have been brewing from the beginning of her term. That view is bolstered by a letter of resignation from Herrera's first Elections Bureau director in January 2008 — just a little over a year after she took office.

In case you've missed the most recent development, Herrera late last week fired two administrators who had talked with the FBI about possible wrongdoing in the office. A few months ago, Herrera's election director left, firing off a blistering letter accusing her of breaking laws and policies.

For her part, Herrera in recent weeks asked state police to conduct a sweep for electronic bugs — apparently no such listening devices were found — and filed public-information requests for e-mails of past and present staff members and certain political enemies.

One of those former staffers was Albuquerque lawyer Daniel Ivey-Soto, who resigned in early 2008 as Herrera's Elections Bureau chief.

He said at the time he was quitting to pursue an appointment to a vacant judgeship. It's long been whispered that there was more to that story, and the letter shows that's true.

Ivey-Soto began his "Dear Mary" letter saying he was sending his resignation by e-mail because "communication between us has been strained as of late."

"It is important in any agency to have a sense of teamwork," he wrote. "This is especially true when there is a small team. It has been apparent to me for some lime that I am not integrated into the team here at the Secretary of State's Office. This saddens me greatly, because I really do have tremendous respect for you and I believe that you are capable of showing great wisdom when you rely on you own instincts."

But Ivey-Soto apparently believed Herrera wasn't relying on her own instincts.

"This is your team, and Don Francisco is your coach," he said, referring to Francisco Trujillo, Herrera's top deputy. "I know Don Francisco has asked you repeatedly to fire me, and I appreciate the loyalty you have shown. My staying, however, is only worthwhile if we can work together as a team. Don Francisco's behavior recently confirms for me that this is not possible. Because he is the coach, the honorable thing for me to do is to finish my task, and depart gracefully."

And so he did.

"I do not plan to say anything negative in public and would appreciate the same respect," Ivey-Soto wrote. He has stuck by that. And I've never heard a negative word about Ivey-Soto from Herrera — which is why I was surprised to see his name among those whose e-mails Herrera sought.

As he said in his letter, any time a reporter, including me, asked why he resigned from the SOS, he said it was for that possible judicial appointment, which he didn't get.

On Wednesday, Ivey-Soto, who now works for the state organization for county clerks, verified that a copy of the letter I'd obtained was authentic. But he declined further comment, saying, "I think the letter speaks for itself."

Trujillo didn't respond to a request for comment.

After Ivey-Soto left, the job was vacant for a few months. Herrera then hired Jim Noel, but state Republicans raised a stink because he's related by marriage to U.S. Sen. Tom Udall, D-N.M., who at the time was running for office. So Noel quit before he even started the job. (I wonder if he's sent a thank-you note to the GOP.) Lawyer Gerald Gonzales only lasted a couple of months.

Then came A.J. Salazar, who left with a bang in March with a fiery resignation letter accusing Herrera of soliciting donations from companies that contract with her office and ordering some of her employees to gather signatures on petitions for her re-election campaign.

UPDATE: This column has been corrected. It no longer contains incorrect information on Don Francisco Trujillo's name. (More details HERE)

Herrera Fires Employees Who Talked to FBI

A version of this was published in The Santa Fe New Mexican
September 8, 2010

Secretary of State Mary Herrera has fired two of her administrators who talked to the FBI about possible wrongdoing in her office.

The Española lawyer representing both Manny Vildasol and James Flores on Tuesday formally notified the state Risk Management Division that his clients might be suing, claiming the terminations violate the Whistleblower Protection Act.

"As you are aware, they reported to the FBI what they believed to be criminal acts within her office and immediately after the media reported they had spoken to the FBI, they were both placed on administrative leave and now, FIRED!" Rudy Martin said in his letter to Risk Management.

"Both of my clients have been accused of creating a hostile work environment for allegedly recording employees at the office," Martin continued. "My client Mr. Vildasol, never returned to the Secretary of State's office after the initial news story broke and Mr. Flores was accused of acts which he did not participate in. The actions by Ms. Herrera serve only as a guise in her attempts to justify her retaliatory conduct toward my clients."

Deputy Secretary of State Francisco Trujillo said Tuesday that he could verify Flores, former public information officer and Vildasol, whom was office administrator, were no longer employed by the office, but could not provide details because the firings were "personnel matters."

"I can tell you that after the investigations were completed, (the firings) have nothing to do with whistle-blowing," Trujillo said in a telephone interview.

Martin has said his clients, who also include former Bureau of Elections Director A.J. Salazar, have talked to the FBI about such issues as Secretary of State's Office workers going to political events during work hours.

In separate letters to Vildasol and Flores dated Sept. 3, Herrera thanked each for his services after saying, "your services as an at-will Governor Exempt employee have been terminated effective immediately."

Herrera does not have to state a reason to fire exempt employees such as Vildasol and Flores.

Although the term "hostile work environment" typically is used in relation to alleged sexual harassment, no such charges have emerged in the ongoing Secretary of State's Office controversies.

In Vildasol's case, members of Herrera's information technology staff on Aug. 18 complained to Herrera about Vildasol creating a hostile environment by videotaping them working on Herrera's personal laptop computer, which had been infected with viruses. Some of that footage later appeared on a KOB news report about problems in the Secretary of State's Office.

It's not clear why Flores is suspected of recording employees.

On Aug. 24, Trujillo wrote Flores saying, "the Secretary of State has received a complaint about a hostile work environment and is concerned with what appears to be an altered media distribution list. You are the subject of the investigation."

The reference to the "altered media distribution list" might support a claim by some Secretary of State's Office sources that Herrera suspected Flores of sending e-mail news releases to Santa Fe County Clerk Valerie Espinoza — who is a critic of Herrera — and to Salazar, who resigned earlier this year, sending Herrera a scathing letter accusing her of several possible violations of law or policy, including having her staff do political campaign work in the office during work hours.

Herrera is seeking re-election to a second term. Her opponent is Republican state Sen. Dianna Duran of Tularosa.

The Return of Allen Weh

Former state Republican Party Chairman Allen Weh, who in June lost to Susana Martinez in a bitter gubernatorial primary fight is launching a new political policy organization and a new Website.

The organization is called "For Country," which Weh says is "to build awareness of the nation’s challenges and support for the principles the United States was founded on: limited government, free enterprise and a strong national defense.

According to the colonel:

“In the 21st century, our country faces more challenges as a nation than it has since its inception. International Islamic terrorists seek to destroy our country. There is a virtual combat zone in Mexico that is beginning to spill over into the United States. And our economy remains frail and vulnerable because of policies that have weakened our free enterprise system. If we want a thriving, prosperous nation, we need to address these issues and resolve them quickly. For Country will help facilitate these efforts.”

The organization — established under the provisions of IRS 527 — will also lend support to elected officials and candidates who share a similar vision for New Mexico and the United States of America, Weh said.

The press release didn't say whether Martinez would be one of those candidates For Country helps. Weh hasn't formally endorsed his primary rival.

Guv Candidates on Social Issues

You can find my story on the positions of Diane Denish and Susana Martinez on various "social" issues like abortion, medical marijuana and domestic partnerships in today's New Mexican.

CLICK HERE

Spoiler Alert: Repubican Martinez is more socially conservative, while Democrat Denish is more liberal.

Cheerful Holiday Tips from New Mexico's Office of Homeland Security

Take safety precautions if swimming or boating?

Don't drink and drive?

Don't burn down your house when you barbecue?

Naw, that's kid stuff. The state Department of Homeland Security and Emergency Management wants us to enjoy Labor Day weekend by preparing for Y2K -- 10 and half years late.

Cabinet Secretary John W. Wheeler is urging New Mexicans to take some time this weekend to make an emergency plan and an emergency kit. “The Governor has declared this Preparedness Month in New Mexico and we want everyone to be prepared for emergencies and all hazards.”

“Three days worth of food, water and other supplies is what we recommend” says Wheeler, adding that in addition to food and water you should have some emergency cash in case you can’t access your bank account, copies of important papers, a flashlight with extra batteries, a battery powered radio or one that winds up and of course, extra cell phone batteries.

Wheeler cautions that if you have small children or infants that you make special provisions for them. If there are special needs members of your family, make sure you take this into account when you assemble your kit.

Before you put the kit together “We recommend you sit down with the family and make an emergency plan. What you will do in case of an emergency or disaster. How you will evacuate if you need to and where family members will meet in case you are separated.” You also need to be aware of what emergencies may occur in your area.

“Our pets are also important members of our families, so a pet emergency kit and first aid kit is also something you should have. Plan on a gallon of water a day for your pet and each member of your household. Put a whistle in your kit in case you need to let rescue workers know where you are,” Wheeler concludes.

Now I'm worried. Do they know something we don't know?

Don't forget your duct tape. Have safe and secure Labor Day.

UPDATE: Just to be clear, the illustration of the bomb shelter above was not from the good folks at Homeland Security. It was my embellishment as an attempt at humor.

Denish to Donate Malott Money to Charity -- But Not $$ from Mallot's Company

A version of this was published in The Santa Fe New Mexican
September 3, 2010

The day after Bruce Malott, the chairman of New Mexico’s educational pension fund, resigned over a questionable $350,000 loan, Democratic gubernatorial candidate Diane Denish’s campaign announced it was donating to a charity more than $4,000 in campaign contributions from Malott — whose company once kept the books for the Denish campaign.

“In light of today’s revelation, the campaign immediately donated donations from Mr. Malott to a New Mexico nonprofit that supports our early-childhood education professionals,” Denish spokesman Chris Cervini said in an e-mail Thursday. “It was the right thing to do.”

However, records kept by the Institute on Money in State Government show that in addition to Malott’s personal donations, his company, the accounting firm of Meyners & Co., gave Denish $8,750 since 2007.

Malott and his business also have contributed $4,500 to the campaign of Denish’s running mate, Brian Colón.

Asked about the extra thousands from Meyners, Cervini said, “We saw it more of an issue with Mr. Malott than with his company.”

Cervini acknowledged that Malott’s firm served as treasurer of the Denish campaign until this spring.

“The campaign switched treasurers several months ago for a number of considerations, including our concerns about the use (of) state funds for Mr. Malott’s legal defense,” Cervini said in his e-mail. Malott’s firm was listed as campaign treasurer on Denish’s October campaign finance report. But the next report, filed in April, indicated another company was doing the books.

The state paid at least $300,000 in legal bills for a private lawyer Malott hired to represent him in lawsuits over failed investments and a pending federal investigation into public investments. A state-appointed attorney also is defending Malott in the lawsuits. Several legislators have criticized the plan for state money to be used to pay private lawyers in the investment scandals.

Malott’s resignation from the Educational Retirement Board was reported Thursday in a copyrighted story by the Albuquerque Journal. The report said he stepped down after an interview concerning the loan from Anthony Correra, a friend and financial backer of Gov. Bill Richardson. Correra’s son, Marc Correra, shared in millions of dollars in finder’s fees from investments by the ERB and the State Investment Council.

Malott, an Albuquerque accountant, told the Journal he borrowed the money in August 2006 to pay federal and state taxes owed because of a tax-shelter dispute with the Internal Revenue Service.

Malott said that at the time of the loan he was unaware that Marc Correra had been receiving fees for helping money-management firms win investments from the pension fund and the SIC, which oversees state endowment funds.

Marc Correra shared in nearly $22 million in fees as a third-party placement agent, according to records of the state investment agencies. His lawyer, Sam Bregman — who also has represented Malott’s company — has said there was no wrongdoing on Marc Correra’s part.

Among the lawsuits in which Malott is involved is one by former Education Retirement Board director Frank Foy, who claims Malott pressured him into approving investments with the Chicago-based Vanderbilt Financial and related companies.

Denish’s opponent, Susana Martinez, was quick to jump on the connection between Denish and Malott.

“… It is clear that the culture of corruption is deeply rooted in the Richardson/Denish Administration and we are finding more conflicts and wrongdoing every day,” Martinez campaign manager Ryan Cangiolosi said in a news release Thursday. “Denish stood by Gov. Richardson’s side and has strong ties with almost all the individuals making headlines for their crooked deals, which have held New Mexico back. New Mexicans have a right to know who else in the Richardson/Denish Administration and their boards had financial interests in these taxpayer-funded deals.”

State records show Malott’s company was paid more than $10 million by the state for auditing services between the fiscal years of 2001 and 2006, according to records obtained last year by The New Mexican.

Meyners currently has 21 auditing contracts with various state agencies, Antonio Corrales, chief of staff for the state Auditor’s Office, said Thursday. The contracts total more than $2.1 million, Corrales said.

Gilbert Gallegos, a spokesman for Richardson, said Thursday that “the governor was not aware of the loan and he has accepted Mr. Malott’s resignation.”

Malott was initially appointed to the pension fund’s governing board by former Gov. Gary Johnson, a Republican, and he was reappointed by Richardson, a Democrat. Malott and his accounting firm had served as treasurer of Richardson campaign committees.

Malott submitted a terse resignation letter to the governor, saying he was stepping down immediately and he enjoyed being a board member for the past 11 years and appreciated the opportunity to have served during Richardson’s administration.

Anthony Correra served as a director of a nonprofit foundation that Richardson formed to do voter registration ahead of the 2004 presidential election. Malott’s company did the books for that foundation as well.

The elder Correra is a close friend of former state investment officer Gary Bland, who was appointed by Richardson but resigned last year amid a federal grand jury and Securities and Exchange Commission investigation into state investments.

Correra served on a committee that recommended Bland for the investment officer position after Richardson was elected in 2002. Anthony Correra and his investment management firm contributed $27,800 to Richardson’s 2002 campaign for governor.

The Associated Press contributed to this report.

Roundhouse Roundup: Debugging the SOS

A version of this was published in The Santa Fe New Mexican
September 2, 2010

Is someone bugging Secretary of State Mary Herrera?

I don’t mean bugging as in “bothering.” In recent weeks, a lot of people — reporters, some of her staffers, county clerks and who knows who else — have been bugging her in that respect.

I’m talking about bugging as in electronic surveillance.

Apparently Herrera sometime in recent weeks thought that someone was pulling a Watergate on her.

I asked Department of Public Safety spokesman Peter Olson about a tip that Herrera’s office had called in state police to do a “sweep” for electronic listening devices.

Olson in an e-mail confirmed it. Kind of.

“I believe there was a sweep,” he wrote. “I don’t know what the outcome was. We often search state buildings for stuff like this and other safety issues. ... It’s not common but we do it on occasion.”

Did the sweepers uncover anything suspicious? “I don’t believe anything was found,” Olson said.

Is Herrera, who is running for a second term against Republican state Sen. Dianna Duran of Tularosa, getting a little paranoid? It was just two weeks ago that this column revealed that Herrera had done a public records request for e-mail correspondence involving various political enemies, staff members and others.

Thinking that someone might be secretly recording her might not be that far-fetched of a fear for Madam Secretary. Don’t forget that one of her own staff members recently secretly videotaped Secretary of State’s Office technicians working to get pornography viruses out of Herrera’s laptop computer. (That employee, office administrator Manny Vildasol, is one of two staff members recently suspended by Herrera.)

Or perhaps Herrera feared the FBI was listening in. Vildasol, public information officer James Flores and former elections director A.J. Salazar all have talked to the FBI about what they think might be violations of law in the Secretary of State’s Office.

Olson referred further questions to the Secretary of State’s Office. Deputy Secretary of State Francisco Trujillo didn’t return my phone calls or an e-mail Wednesday.

Eat this: Here’s my favorite state government news release of the week. It’s from Expo New Mexico, or the state fair, or whatever they’re calling it these days.

“World Burrito Championship Returns to 2010 NM State Fair” was the subject line. No, it’s not a cooking contest. This is an eating contest.

The event, scheduled for Sept. 11, will feature “a host of the world’s best competitive eaters, including #1-ranked Joey ‘Jaws’ Chestnut,” the news release said.

“Chestnut, who counts asparagus and pizza among his numerous eating records, won his fourth consecutive hot dog eating title last month at Nathan’s Famous in Coney Island. He now looks to add burritos to his resume of world records. Chestnut will also seek to set a new world record in the burrito discipline. Last year’s World Burrito Eating Championship, Bob ‘Notorious B.O.B.’ Shoudt, consumed 38.5 burritos in 10 minutes to set the benchmark.”

Yum.
The release quotes Richard Shea, president of Major League Eating — yes, there is such a thing.

“Having proven himself the best eater in the world, Chestnut is favored in every competition he enters,” Shea said.

“However, there’s a chance we will witness an upset in Albuquerque, especially since many local competitors have deep knowledge of the burrito, its composition, how the beans play off the tortilla, et cetera.”

The 10-minute event — with green chile beef burritos provided by Garcia’s Kitchen — begins at 2:30 p.m. at the State Fair Pavilion. There's $3,000 in prize money. That'll buy a lot of Alka-Seltzer.

Now I’ve got to search through my e-mail for state Health Department releases on the importance of good nutritional habits.

Protecting the Judges

When New Mexican police reporter Geoff Grammer told me he'd heard about a bill that would have made threatening judges a felony had been introduced but had died in the Legislature, my first reaction was skepticism.

Geoff, of course, was working on the story of the Chimayo man arrested on charges -- misdemeanor charges -- of threatening the life of state Dsitrict Judge Michael Vigil. (His story in today's paper is HERE.)

This is the kind of apple-pie bill the Legislature usually loves, I told him. When lawmakers can't agree on anything else, both sides of the aisle usually are happy to slap heavier penalties on people found guilty of despicable crimes.

But what I learned was there were not one, but two bills introduced in the 2009 Legislature by lawmakers from opposite ends of the political spectrum, Sen. Peter Wirth, D-Santa Fe and Rep. Bill Rehm, R-Albuquerque.

They weren't mirror bills. Rehm's had tougher penalties. But both were introduced early in the session, and, according to committee votes, both had bi-partisan support.

Rehm managed to get his bill through the House, but it went nowhere. Wirth's bill made it through the Senate Public Affairs Committee, where it passed unanimously. But it was tabled in the Senate Judiciary Committee. Committee votes aren't recorded for tabling actions, but Wirth told me the vote was close. Perhaps a one-vote margin, he said.

Why was this defeated? Rehm said some opponents said such a law would be used infrequently. Wirth said some of the opponents of his measure were worried about tougher laws leading to more prison overcrowding. These two objections would seem to contradict each other. Someone in the Senate apparently just doesn't like this idea.

Both lawmakers say they will try again next year. And state Supreme Court Justice Ed Chavez, who testified for the bill, says he and other justices are behind the idea of making threats to judges a felony.

One might think that the Judge Vigil incident would shame the Senate into taking action next year. But the 2009 bills were sparked by a situation with another judge, Nan Nash, of Albuquerque, who had been threatened by a party in a divorce case she was presiding over. Senate Judiciary turned down Wirth's bill in spite of Nash testifying for it.

My story about the Wirth and Rehm bills can be found HERE.