Beruflich Dokumente
Kultur Dokumente
In
Depth
legislative guide
can be more
transparent,
Introduction
Contents
Dear Reader,
ARTICLES
Trip Jennings
COMMENTARY
Heath Haussamen
Deputy director
Marjorie Childress
Reporters
Gwyneth Doland
Sandra Fish
Matt Reichbach
Sherry Robinson
Peter St. Cyr
Photographer
Mark Holm
Illustrations
Anson Stevens-Bollen
Sponsorship solicitations
Peter St. Cyr
Sponsorship design
Linda Lillow
Buzzsaw
S T R AT E G I E S
G OV E R N M E N T & P U B L I C R E L AT I O N S
Darre n Wh ite, P re sident
5 05 .2 00.95 62
Continued from 5
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Continued from 6
Roy Lemons
Belen
IN SESSION
MILAN
SIMONICH
@MilansNMreport
STEVE
TERRELL
@steveterrell
PATRICK
MALONE
@pmalonenm
@TheNewMexican | #NMLEG
santafenewmexican.com/news/legislature
10
Jody Crowley
Las Cruces
Pam Wolfe
Las Cruces
Kathy McCoy
Mitch Hibbard
Pion
Edwina Hewett
Mountainair
Kevin Bixby
Las Cruces
11
Freshmen representatives look through paperwork during a day of training at the Roundhouse in late 2014. New Mexico is one
of a handful of states without a state ethics commission. In many states, such a commission helps prepare lawmakers for the sometimes-difficult situations they will encounter as public officials.
12
Continued from 11
Newly elected House Speaker Don Tripp, R-Socorro, is also
skeptical of a state ethics commission. Like Martinez, he wants the
Department of Public Safety to set
up a political corruption unit.
Corruption is a crime and it
should be treated like one, writes
House GOP Caucus Communications Director Chris Sanchez on behalf of Tripp. An ethics commission
sounds good in theory and is worthy
of debate and consideration, but any
commission would have to be created in a way that ensures it doesnt
become a political weapon for partisans to punish their opponents.
That argument doesnt sit well
withCommon Cause New Mexico
Executive Director Viki Harrison.
She points to safeguards set up by
2013,DedeFeldman chronicledthe
ethical choices she and other lawmakers have confronted in Santa
Fe.
In her award-winning book Inside the New Mexico Senate: Boots,
Suits, and Citizens, Feldman suggests resistance to an independent
ethics commission contributes to
the impression that senators hold
themselves above the law.
An independent ethics commission could educate public officials
on the legalities, enforce existing
laws, and hold them accountable,
she wrote.
Still, the levers ofpower and politics make it difficultfor legislators
to point fingersat their colleagues.
In 1992, Democratic Rep. Ron
Olguin faced expulsion from the
House after he was accused of soliciting a $15,000 bribe for his
Were on a mission!
Go to NewMexicoPledge.org and sign the pledge to:
Improve disclosure in elections
improve disclosure in lobbying activities
Establish a state ethics commission
Propose policy models to improve public
campaign financing
505.323.6399 | nm.commoncause.org
13
14
New Mexico was one of four states to earn an F in December for not requiring independent groups to report spending to influence elections. New Mexicos state lawmakers are not expected to pass legislation to better its scores on campaign finance
regulations during this 60-day legislative session.
15
Continued from 14
Celebrating 25 Years
Defending Your Right to Know
16
Continued from 15
ity Leader Michael Sanchez is still
leery of campaign reform bills.
We havent been able to come up
with a bill that doesnt have loopholes, Sanchez said in an interview.
The last time we did this, I warned
them, were opening the door to
problems.
Court hurdles
Doc Weiler, the late and muchliked lobbyist for the Association
of Commerce and Industry, said
in 1981, The public has a right to
know who is supporting what candidates, and we have no problem
with that.
In recent years, groups on the left
and right have had a problem with
that. Court challenges have rendered New Mexico laws fluid and
uncertain, according to Common
Cause.
During the 2008 primary, three
progressive groups used mailers to
defeat Democratic legislators. Former Attorney General Gary King
wanted them to disclose their contributors, but the groups argued
that they were exempt from disclosure as educational organizations.
The court agreed. As a result, the
state cant make an organization
register as a political committee if
its primary goal isnt the election or
New Mexico
Political Report
The best political coverage for New Mexico. Period.
Online at NMPoliticalReport.com
17
a lot
Source: Bureau of Labor Statistics
New Mexico
Texas
Utah
Oklahoma
Arizona
Colorado
No
4.90%
7.30%
31.90%
No
Yes
Yes
0
0
19%
Yes
No
Yes
5%
5%
20.30%
Yes
No
Yes
5.25%
6%
23.40%
Yes
No
Yes
4.54%
6.50%
21.50%
Yes
No
No
4.63%
4.63%
20.80%
Yes
No
*New Mexico and Arizona are currently phasing in corporate tax rate reductions
18
Democracy on Demand
Webcasting has brought increased access to the Legislature, but without archiving the view is limited
By Gwyneth Doland
New Mexico In Depth
When Hanna Skandera presented
the Education Departments budget
to a legislative committee in early
December, Katie Stone missed it.
Stone, the mother of a child with
disabilities, was hoping to find out
how much money the budget would
put toward special education.
But something the kids, her
software business, the animals on
her small farm or the fact that epilepsy has left her unable to drive
kept her away from the Roundhouse and away from her desk,
where she might have watched a
live webcast of the Legislative Finance Committees meeting.
I was really praying that one
of the members of the committee
would focus on asking about [special ed funding] because the details are totally hidden in one line
of the budget, Stone said. Because
I wasnt able to watch I dont know
if anybody asked and, no offense to
the press, but it doesnt seem like
the issue got the remotest bit of attention from reporters.
As of 2014, at least 39 states allowed recordings of their floor sessions to be watched on demand. Although the New Mexico Legislature
began webcasting floor and committee meetings in 2009, members
have resisted repeated calls to save
the footage, archiving it online for
people to go back and watch later.
The New Mexico Senate installed webcams like this one in 2010 to webcast floor
sessions.
19
20
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CIVIL LITIGATION
REGULATORY PROCEEDINGS
REAL ESTATE
Continued from 18
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Mora Countys new two-story courthouse sits unfinished behind a chain-link fence. Since the 2007 decision to build a new, $7.25
million courthouse, the project cost has ballooned.
23
Continued from 22
Setting standards
New Mexicos processes for capital projects meet many of the standards set forth in a report earlier
this year from the National Association of State Budget Officers:
Defining capital expenditures:
New Mexico defines a capital project as one that costs $5,000 and will
have a life cycle of at least 10 years,
which is the typical term of bonds
issued to pay for such projects.
24
How others do it
Continued from 23
25
NM
In
Depth
.com
before capital outlay money is released and giving the DFA greater
regulatory authority over distributing capital outlay money.
At the time, 61 local governments
didnt meet the audit requirement.
Today, only 16 havent completed
audits, Clifford said.
The system truly needs reform,
and were making it administratively, Campos said.
$500,000 in federal stimulus money was used to put doors and windows on the building.
Gov. Susana Martinez vetoed
$1.5 million for the courthouse in
2012, as part of a larger $23 million
in vetoed capital projects. While
not mentioning the courthouse
specifically, Martinez issued a blistering veto message chastising lawmakers for divvying up money for
projects that often werent requested or were funded at only a fraction
of the cost.
A state audit later that year criticized the awarding of a contract
to the architectural firm that also
drew up the request for proposal
for that contract, a conflict of interest under New Mexico law. Ultimately, 21 percent of the money
spent on the courthouse went to
that architectural firm.
That conflict of interest was
among the dozen findings Mora
County agreed to resolve after the
audit.
The following year, the state
awarded$1,845,000 in capital outlay cash, followed by $245,000 in
2014.
One example: The $550,000 included in the 2014 bill for cinematic infrastructure in Las Cruces.
Eleven Las Cruces area legislators
included the project in their individual capital outlay requests.
But the project wasnt requested
by the city, wasnt in the states longterm project plan, and its still in
the conceptual stage, said Gary
Camarano, economic development
coordinator for Las Cruces.
The idea is to build a sound stage
on city property, along with facades
and sets that could be used in a variety of nearby locales. An August
Board of Finance document lists
anti-donation issues with the
project. State law prohibits capital
outlay money being used for projects that primarily benefit private
interests.
But Camarano said lawmakers
might be asked to revise language
on the project next session.
Las Cruces offers a different environment than Santa Fe or Albuquerque, Camarano said. Were
looking to participate in what people are calling the Hollywood in
the desert.
26
Two new House members, Rodney Montoya, left, R-Farmington; and Rick Little, R-Chaparral,prepare for this years 60-day legislative session during a day of training for lawmakers in late 2014.
27
28
Continued from 27
ed speech on the chamber floor
often with the intention of blocking
the passage of a bill near the end
of the session could doom the targeted legislation as well as numerous bills scheduled for a hearing
after it.
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Commentary
30
Commentary
hange comes
and independents. If a
ballot-qualified party has
slowly in New
shown that it has a modiMexicos Legislacum of voter support, then
ture. Nonetheless,
logically the candidates
there are several basic
nominated by such a party
things legislators can do to
have a modicum of voter
improve citizen participaPaul
Gessing
support.New Mexico is
tion and open government
the only state that forces
in the Roundhouse.
the nominee of a qualified
New Mexicos Constituparty
to
submit
a petition.
tion contains no requirements for
One other state, Maryland, had
individuals running for the Legislasuch
a requirement, but that states
ture to collect a particular number
highest
court struck it down in 2003.
of signatures to get on the ballot.
New Mexico has had fewer minor
Nonetheless, such requirements have
party
and independent candidates on
been in place for decades.
the
ballot
for the last 13 years than
Every year it seems some legislator
any
other
state. Yet more New Mexiis kicked off the ballot for insufficient
cans than ever are calling themselves
attention to detail or signatures.
During the 2014 election, incumbent independent. The registration of
decline to state comprises a larger
Democratic Rep. Sandra Jeff was
voting bloc than either Democrats or
thrown off the ballot for insufficient
valid signatures. Jeff ran as a write-in Republicans.
It is time to open up New Mexicos
candidate and was handily defeated.
legislative
races.
Clearly, these signature requirements have a significant impact on
Using technology
both Democrats and Republicans.
More importantly, they often deprive
In addition to opening up legislavoters of choices on Election Day.
tive elections to third parties, New
Mexicos legislators should strongly
But this pales in comparison to
consider allowing remote testimony
the laws impact on third parties
Over 30 years experience. Timely and accurate public policy polling.
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Fe or Hobbs.
Lastly, it is time for the Legislature
to make transparency a reality on
New Mexicos Sunshine Portal, sunshineportalnm.com.
The first thing to do is to make
sure all state employee salaries are
available on the portal. This is, after
all, public information already.
And New Mexicos government
employee pensions should be added
to the Sunshine Portal. California
has done this at that states equivalent
of our Sunshine Portal, known as
Transparent California.
According to a recent meta-study
by the Competitive Enterprise Institute, New Mexicos public pensions
are arguably the most under-funded
among the 50 states. Our pension
system is certainly among the most
troubled in the nation. Yet, voters
and taxpayers are given little information about which government
workers are receiving the most generous pension payouts and what, if
any, abuses might be taking place.
New Mexicos taxpayers are paying
the bills. It is time to give them the
information they need to understand
how their money is being spent.
Gessing is president of New Mexicos Rio Grande Foundation, an
independent, non-partisan, tax-exempt research and educational
organization dedicated to promoting
prosperity for New Mexico based on
principles of limited government,
economic freedom and individual responsibility. The views in this column
are the authors alone and do not
reflect the views or opinions of New
Mexico In Depth.
31
Commentary
32
Commentary
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33
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Commentary
archive them.
And lobbyists in Santa Fe still
dont wear nametags.
It took me years to put
names with faces of many of the
lobbyists in Santa Fe and its
my full-time job to know these
kinds of things.Can you imagine howdisorienting the Capitol
isfora member of the public
who attends a hearing for the
first time and doesnt know who
anyone is.
A short disclaimer: Sometimes lobbyists get a bad rap. In
my experience,mostare friendly and helpful. A long time ago,
I learned what many journalists
discover you cant do your
job wellin a state Capitolwithoutgetting to knowthewall
leaners, the lobbyists and other
denizensmilling aroundthe
Capitols hallways during a legislative sessionwho know how
the place works.
But my friendlinesswith
lawmakers and lobbyistsdoesntnegatethefact thata
state capitol functions as a sort
of insiders club, which can be
a problem when its the publics
businesslawmakersare charged
with doing.
Take, for example, whatNew
Mexicotells the public about
how lobbyists do their jobs.
Weknow, based on information from the New Mexico Secretary of States office, that from
May 2013 through April 2014
individual lobbyists reported
spending$443,058ongifts and
meals to lawmakers and elected officials leading up to and
during the 2014 session.
Of that spending,10 lobbyists spent between $10,232
and $27,750 each, for a total of
$156,116, or 35 percent of the
totalspending by lobbyists.
Butwe dont knowwhat issuesorbills lobbyistswerepaid
totry toinfluence.New Mexico,
unlike states such as Colorado
and Wisconsin,doesnt require
lobbyists to list what issues
orbills they are lobbyingon.
Add it all up the weak
campaign finance laws, the lack
of archived legislative hearings
and floor debates, the absence
of lobbyist nametags and information about what bills theyre
seeking to influence and I
wonder sometimeswhatNew
Mexicos state lawmakers are
afraid of? Why dontmany of
them supportmakingit easier
for the public to understand
how business is conducted at
the Roundhouse? What do they
fear if New Mexicans were able
tobetter understand howtheir
government works?
These are questionsworth
asking in 2015.
Jennings is New Mexico In
Depths executive director. The
views in this column are the
authors alone and do not reflect
the views or opinions of New
Mexico In Depth.
38
CHAMPIONS
This guide would not be possible without dedicated Transparency Champions who believe that open and accountable
government is the foundation of a strong democracy. NM In Depth thanks them for their commitment and support!
T ransparency
CHAMPIONS
67
GUIDE SPONSORS:
Agenda, LLC
Bregman & Loman, P.C.
Buzzsaw Strategies
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Conservation Voters New Mexico
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Drug Policy Alliance
Farmington Daily Times
The Garrity Group Public Relations
Hobbs Chamber of Commerce
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Jason Marks Law, LLC
Joe Monahan
KOB-TV Channel 4
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New Mexico Foundation for Open Government
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Positive Energy Solar
Research & Polling, Inc.
Rio Grande Foundation
Santa Fe New Mexican
SouthWest Organizing Project
Strategies 360
Sunspot Solar Energy
UNM Hospital Neurological Sciences
In addition to the sponsors of this legislative guide, New Mexico In Depth thanks the following for their generous support of our mission in 2014.
Susannah Abbey Mary Ellen Capek Marjorie Childress Beck and Cooper law firm William J. Corbett David Craig Mickey Curtis Brian Egolf Susan Fitzgerald Shannon Freedle Nate Gentry Sarah Gustavus
Elizabeth Gutierrez Frances Haussamen Wally and Carol Haussamen Roberta Henry Terri Holland Trip Jennings Don Kurtz John Landrum Wendy Lewis Trish Lopez Alfredo Lujan M FIVE Martini Grill
Daniel Macke Patricia Martinez-Lopez Bill McCamley Felicia McCracken Elizabeth McGrath Rorie Jan Measure David Morgan Erin Muffoletto Maggie Toulouse Oliver Alan Packman Lucas Peerman
Suzanne Prescott Lawrence Rael Hilda Raz Pamela Roy Angelica Rubio Allen Stenger Floyd Vasquez John Wertheim Aletta T. Wilson Peter Wirth Vennie E. White Patrick Woolsey Tashia Wyaco
Special thanks to: KUNM Public Radio The McCune Charitable Foundation W.K. Kellogg Foundation Thornburg Foundation
39
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40
H
O
The Garrity Perception Survey Insight on Political Perceptions of Favorability and Trust
62%
Democrat
Independent
New Mexico
13% Republican
14% Democrat
12% Independent
14% New Mexico
39%
32%
44%
74%
78%
75%
75%
60%
67%
53%
58%
!
Y
M
Trust of Teachers
Republican
Democrat
Independent
New Mexico
65%
67%
53%
66%
38%
52%
Republican
Democrat
Independent
New Mexico
24%
44%
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60-day legislative session, we will feature statewide survey insights through our twitter and website.