5-6 etc & Trump

FRI, 5-06-11
SANTA FE – Several months ago, I wrote a column on how states get their shapes, concentrating on New Mexico and its neighbors, which ended up with most of New Mexico's original territory.
Recently a reader' who lives in Tucson and Santa Fe, sent me a list of how states got their names, which he thought carried some interesting messages. I agree
Almost half our states, 23, have Indian names, despite the fact that 49 of the states tried to wipe every Indian off the face of the planet. New Mexico is the only state where original Indian structures remain, although we weren't really model newcomers. At least we didn't try to annihilate them. Our name was Spanish and then Mexican.
The names of 23 states come from the following tribes: Creek, Aleut, Pima, Souix (5 states), Mohican, Algonquin, Hawaiian, Iriquois, Cheppawa and Oto.
Twelve states used English words, 5 used Spanish, two used Mexican words (New Mexico and Texas – although Tejas Anglicized the spelling and pronunciation – two used French and one used Dutch. The state of Washington chose the only truly American word. And it appears that Idaho made up its own name.
This is being written from Hawaii where economic devastation has hit about as badly as anywhere. Their public employees are about as heavily unionized as in any state. Yet they haven't complained much about big salary and benefit cuts the past two years.
Teachers have been furloughed 17 days this year. Next year, they are talking about another 17 days but teachers will have to come to work even if they aren't getting paid. "But what's to worry about as long as the surf's up," I guess they must be saying. "We know there's an economic problem. And we don't have to go out and demonstrate in order to keep warm." Yes, life is more laid back here.
Hawaiians have other ways of dealing with budget deficits. First, they have no law or constitutional provision prohibiting budget deficits. And second, they can always increase the car rental fee a little more and reduce the deficit that way.
Hawaii also is very casual in its attire. Today is "Wear Jeans for Japan Day." No excuse is too small, although Hawaiians have felt very touched by the Japanese disaster. Many Japanese now live on the island. The islands felt very little effect from the tsunami.
I wrote about New Mexico's open U.S. Senate race several days ago. Since then, there have been changes. State Auditor Hector Balderas is definitely in the race. He could be a factor. Blogger Joe Monahan wonders if his shaved head will be a factor.
Monahan notes that no successful statewide candidate has sported such a look. Could it hurt him in a race against Rep. Martin Heinrich, who was voted as of the 50 Biggest Hunks on Capitol Hill? Polls have shown that good looks do attract votes. But then we can all name some notable exceptions, especially in the U.S. Congress.
That brings me to wonder about President Barack Obama's hairstyle. I think it is too short for our president. My wife says it is stylish. I wonder if it was a political decision by a candidate trying to make race less of a factor.
That's a sore point in Hawaii where the locals are pretty proud of their president. But the long form didn't stop the conspira cy theories of those who already were birthers. It's obviously a fake. It is just amazing the gall of this man who wants to prove he was born in Hawaii, they say.
What Hawaiians want to know is who and where are these "people" Donald Trump has down in Hawaii investigating the birth certificate. And what is it they found that "you wouldn't believe." Now would seem to be a very good time to release that information because it appears the president got the jump on him, they say.

Sen. Keller not running for US Sen either

ufpdate--Hector Balderas announced today the he will run for Senate

MON, 5-2-11
SANTA FE � U.S. congressional races in New Mexico are shaping up to be almost as much fun as the contests in 2008. That�s when New Mexico went from having some of the most seniority in Congress to having about the least seniority.
All three House members ran for the open Senate seat of retiring Sen. Pete Domenici, a veteran of 36 years. That meant zero seniority in the House but Bingaman�s 26 years in the Senate still gave New Mexico the clout to keep its valuable federal projects.
Now that Sen. Bingaman has announced his retirement, New Mexico will be left with no one having more than four year�s seniority. If the entire House delegation decides to run for the open Senate as it did four years ago, the state could really be in bad shape.
That is not as likely to happen as it was four years ago. Rep. Martin Heinrich, of New Mexico�s 1st Congressional District, is the only House member to declare his intent to run for the Senate and he may have raised enough money to scare some others out.
Rep. Heinrich has made some impact in Washington during his first two years. He has picked up some good committee positions, was elected president of the large 2008 Democratic freshman class and managed to keep most of New Mexico�s federal assets in his district.
His one loss was a change in mission for the famed Tacos, the New Mexico Air National Guard�s fighter unit. Blame for that loss has not fallen solely on Heinrich�s shoulders however.
As of this writing, New Mexico�s two other Representatives, Steve Pearce and Ben Ray Lujan have not jumped into the Senate race. Pearce took the leap in 2008. He beat Rep. Heather Wilson in the GOP primary but lost badly to Rep. Tom Udall in a general election dominated by Democrats.
With political possibilities looking better for the GOP in 2012, Pearce could decide to try again. But would Republicans be willing to give him back his House seat again in 2014, if he loses again in 2012? Another factor is that Former Rep. Heather Wilson, who lost to Pearce in the 2008 Senate primary, is back again running hard.
Pearce runs far to the right of Wilson. That�s good in the primary but Wilson says that makes her stronger in the general election. With the tea party now on the scene, just how much moderation will be tolerated in 2012? Pearce also is over a decade older than Wilson. Strategists often look at such factors when thinking about building seniority for the party.
Rep. Ben Ray Lujan, of the 3rd Congressional District, now is putting out the word that he won�t challenge Heinrich for the Democratic senatorial nomination. He�s happy and doing well where he is. No major opponents appear to be looming from either side in 2012. Redistricting will change his constituency some but not that much.
Lujan is doing well in Washington. The vice-chairmanship of the House Hispanic Caucus gives him connections with the leadership. He overcame the stigma of being a card dealer to win in 2008 and now is known as hard working with good constituent service.
State Auditor Hector Balderas has announced in the past few days for the U.S. Senate� With a statewide victory for auditor under his belt, he has a leg up on Rep. Heinrich in that respect. But Heinrich has Washington experience and fundraising ability.
Former Lt. Gov. Diane Denish has been encouraged to get in the U.S. Senate race. Sen. Tim Keller, a young Albuquerque Democrat, has expressed interest. He has been very active in promoting fiscal analysis and good government issues.
On the GOP side, in addition to Wilson, Lt. Gov. John Sanchez is a probable contender. Greg Sowards of Las Cruces and Bill English of Alamogordo also have announced.
The changed language should be in the attachment.

MON, 5-2-11
SANTA FE � U.S. congressional races in New Mexico are shaping up to be almost as much fun as the contests in 2008. That�s when New Mexico went from having some of the most seniority in Congress to having about the least seniority.
All three House members ran for the open Senate seat of retiring Sen. Pete Domenici, a veteran of 36 years. That meant zero seniority in the House but Bingaman�s 26 years in the Senate still gave New Mexico the clout to keep its valuable federal projects.
Now that Sen. Bingaman has announced his retirement, New Mexico will be left with no one having more than four year�s seniority. If the entire House delegation decides to run for the open Senate as it did four years ago, the state could really be in bad shape.
That is not as likely to happen as it was four years ago. Rep. Martin Heinrich, of New Mexico�s 1st Congressional District, is the only House member to declare his intent to run for the Senate and he may have raised enough money to scare some others out.
Rep. Heinrich has made some impact in Washington during his first two years. He has picked up some good committee positions, was elected president of the large 2008 Democratic freshman class and managed to keep most of New Mexico�s federal assets in his district.
His one loss was a change in mission for the famed Tacos, the New Mexico Air National Guard�s fighter unit. Blame for that loss has not fallen solely on Heinrich�s shoulders however.
As of this writing, New Mexico�s two other Representatives, Steve Pearce and Ben Ray Lujan have not jumped into the Senate race. Pearce took the leap in 2008. He beat Rep. Heather Wilson in the GOP primary but lost badly to Rep. Tom Udall in a general election dominated by Democrats.
With political possibilities looking better for the GOP in 2012, Pearce could decide to try again. But would Republicans be willing to give him back his House seat again in 2014, if he loses again in 2012? Another factor is that Former Rep. Heather Wilson, who lost to Pearce in the 2008 Senate primary, is back again running hard.
Pearce runs far to the right of Wilson. That�s good in the primary but Wilson says that makes her stronger in the general election. With the tea party now on the scene, just how much moderation will be tolerated in 2012? Pearce also is over a decade older than Wilson. Strategists often look at such factors when thinking about building seniority for the party.
Rep. Ben Ray Lujan, of the 3rd Congressional District, now is putting out the word that he won�t challenge Heinrich for the Democratic senatorial nomination. He�s happy and doing well where he is. No major opponents appear to be looming from either side in 2012. Redistricting will change his constituency some but not that much.
Lujan is doing well in Washington. The vice-chairmanship of the House Hispanic Caucus gives him connections with the leadership. He overcame the stigma of being a card dealer to win in 2008 and now is known as hard working with good constituent service.
State Auditor Hector Balderas is keeping his name in front of voters. He has talked about several different positions. Now it is the U.S. Senate seat in which he is most interested. With a statewide victory for auditor under his belt, he has a leg up on Rep. Heinrich in that respect. But Heinrich has Washington experience and fundraising ability.
Former Lt. Gov. Diane Denish has been encouraged to get in the U.S. Senate race. Sen. Tim Keller, a young Albuquerque Democrat, has expressed interest. He has been very active in promoting fiscal analysis and good government issues.
On the GOP side, in addition to Wilson, Lt. Gov. John Sanchez is a probable contender. Greg Sowards of Las Cruces and Bill English of Alamogordo also have announced.

4-27 Vetoes

WED, 4-27-11
SANTA FE � Gov. Susana Martinez promised bold action, which she now is delivering in a fashion that reminds us of her two predecessors.
Former Gov. Gary Johnson announced for president a few days ago. Predictably, he featured his 742 vetoes during an eight-year period. It was an all-time record for the state of New Mexico. Johnson told a crowd in New Hampshire that he now wants to become the �veto president.�
With 98 vetoes in her first legislative session as governor, Martinez is on schedule to at least equal Johnson�s record. Remember, we have a special session on redistricting scheduled for September. The Democratic Legislature is sure to send Martinez something she can veto. Gary Johnson vetoed redistrict ting bills that ended up in court.
Besides her 98 vetoes, Martinez also partially vetoed three other bills. Those line-item vetoes totaled over 50 and included two questionable vetoes of measures that weren�t really appropriation bills and some other questionable vetoes lowering the amount of appropriations.
Some of these vetoes are likely to end up in court, especially one that wiped out the total appropriation to the Commission on the Status of Women. The court may be asked whether a governor can terminate a commission established by law.
In another bold action, Gov. Martinez removed two members of the three-member Public Employee Labor Relations Board that the governor doesn�t even appoint. The state Supreme Court ruled against the governor in that situation, saying she can�t fire people who aren�t gubernatorial appointments. It was the second time the Supreme Court has ruled against the governor in her three-month tenure.
In the other case, Gov. Martinez sought to block publication of greenhouse gas emission rules the Richardson administration had approved shortly before she took office.
It isn�t unusual for governors to test their limits. Before Congress would approve New Mexico�s original constitution, it wanted to guard against any one person gaining too much power. New Mexico was known for lawlessness.
Congress seemed to trust our state Legislature more than any other body. It didn�t want laws being made �in the street� either so it declined to allow voters to put items on the statewide ballot to be voted upon by referendum.
Since New Mexico always has had a weak executive branch of government; governors always have tried to exert their powers as much as possible. Former Gov. Johnson didn�t have much luck with his efforts to strengthen his office. The court kept knocking him down so he began referring to the justices as people arranging chicken bones in order to divine a decision. That didn�t help him much either.
Gov. Martinez based her removal of the entire Labor Relations Board on Gov. Richardson�s court-backed total dismissal of the Judicial Standards Commission. But the court explained that all seven members of that commission are gubernatorial appointees and unless the law specified that members could not be removed until the end of their terms, Richardson�s action was lawful.
Gov. Martinez explained that some of her actions may seem anti-state employee but she is proud that she has prevented any layoffs or furloughs. She hasn�t explained what she calls the action taken against the Commission on the Status of Women. With its total budget eliminated, there won�t be any salaries for the seven employees.
Elimination of the entire budget of the Afro-American Performing arts Center at the State Fairgrounds, just might involve some people too. A few other people have contacted me saying they always thought they were classified state employees but are now discovering that they are not. That sounds like a fault of the Richardson administration.
The state Personnel Office, which administers the state Personnel Act, has had its problems during the Gary Johnson and Bill Richardson administration. Johnson thought it was too difficult to fire people. Richardson thought it was too hard to hire them. That entire systems needs reworking.
Sorry for the mix-up in dates. Next column will be Mon, 5-2.

Billy photo, computer probs again. Hope this works

FRI, 4-29-11

       SANTA FE – After eight years of former Gov. Bill Richardson promoting Billy the Kid, one might think it should be all over. But Billy never dies.

       Now it is Billy's one remaining authenticated picture that s causing a stir. Billy had a tintype made, probably in Fort Sumner near the beginning of 1880. Photography was in its infancy.

       There were perhaps as many as a half-dozen photographers in New Mexico and they all had studios. None were traveling, itinerant photographers. So this one may have been on the edge of his compentcy.

       Many have wondered how such a homely boy was able to charm girls and women wherever he traveled. One reason may have been the adjustments the photographer made for the late afternoon shadows that distorted the image. Another possibility is the agonizingly long time it took to pose for a photograph. Billy may have been clowning around and making faces.

       The tintype now is being auctioned on June 25 at Brian Lebel's Old West Show and Auction in Denver. Collector Bob McCubbin, of Santa Fe, estimates the picture will go for $100,000 to $1 million. Lebel pegs the amount between $300,000 and $400,000.

       McCubbin says there is no more famous photograph in the world. Some call it the Holy Grail of photography. Several museums are known to want it but some fabulously wealthy people want it for their personal possession, including the Koch brothers, most recently known for the phone conversation one of them didn't have with the new governor of Wisconsin.

       This is the lone surviving tintype of the group of four duplicates that the photographer cut apart after shooting them. It is known that Billy kept one, which later was retained by fellow rustler Dan Dedrich after Billy's death. The tintype now belongs to Dedrich's great nephew Frank Upham of Northern California.

       During the mid-1980s, the tintype was loaned to the Lincoln County Trust for display in its museum in Lincoln. During that display, some say the tintype turned almost completely black from exposure in the air. Lebel says that did not happen, that the tintype did not have to be restored and that it still is in good shape.

       Whatever might be the truth; the tintype now is kept in an oxygen-free envelope and is in sufficiently good shape to attract some big money.

       The image definitely is reversed. Otherwise, The Kid wore women's clothes. It must have been a cold day because Billy wore several layers, all of which buttoned on the wrong side for a man. Gun enthusiasts also can see clues in his firearms.

       But it is still popular to think of Billy as left handed, possibly because of the sinister connotation, which we left handers don't appreciate. Would "The Right-Handed Gun" have sold as many movie tickets?

       Researchers allow that there may have been another authentic picture of Billy. A half-tone from G.B. Anderson's "History of New Mexico Resources and People" is thought by some historians to be authentic but the original never has been found.

       So Billy still is causing a commotion. The question about his pardon was resolved on the last day of former Gov. Bill Richardson's term when he decided that Gov. Lew Wallace's reasons for not issuing Billy his promised pardon in 1881 were unclear.

       That still hasn't ended the controversies, however. Remember the Lincoln County sheriffs who went over to Prescott, AZ, to dig up John Miller, whom some thought was Billy? They dug up two bodies with a back hoe and said one looked like Billy, complete with chest wound.

       A sheriff sent a DNA sample to a Texas lab along with a sample from the work bench on which they said Billy died. Nothing has been heard from the lab or the sheriff. Does that mean no match exists? Dr. Gale Cooper, a historian and author, says it leaves a doubt that must be clarified so the public won't be misled.

MON, 4-24-11
SANTA FE – How does a small town develop a world class local museum? They would do well to copy Deming, New Mexico. The Deming Luna County Mimbres Museum is recognized by many as a miniature Smithsonian.
For many years, Luna County Historical Society rented a house on Nickel Street to use as a museum. But they outgrew it. Soon they learned that the National Guard Armory was for sale.
The Ruebush family donated half the money for the purchase and challenged the community to raise the rest. It worked. At first the building was far too big but it didn't take long for donated items to fill it.
Free professional advice was sought to categorize the items. In fact, no public money was used until the city and county began helping with the utilities. As the museum grew additions to the building were financed by grants from the legislature but no money has been used for exhibits or salaries. Community fundraisers have done the rest.
Deming began as a railroad town in 1881 when the southern Pacific and the Santa Fe hooked up west of town to become the second transcontinental railroad. A silver spike was driven to commemorate the final step.
Dreams of Deming becoming a large city, with the connecting of two major railroads were dashed when the Santa Fe decided to extend its tracks west from Albuquerque and the Southern Pacific decided to move its headquarters to El Paso.
But the Deming depot had a Harvey House, an elegant restaurant where gourmet meals were served on white table cloths with china and silver. The Harvey Girl waitresses, recruited from the East were given exquisite training and were credited by many with bringing civilization to the Wild West.
Farming and ranching also became major components of the Luna County area. They are well covered in the exhibits as are street scenes of early Deming with windows filled with museum-quality items. Dolls, quilts, whiskey bottles, antique autos and art also decorate the walls.
There also was life here before the railroad came. A thousand years ago, the Mimbres Indians built villages near what we now call the Mimbres River. There pottery is distinctive, depicting animals people and geometric designs. With many donations, the museum now has a world-class exhibit.
Being close to the Mexican border has had a major effect on Deming. For many years, it was the closest community to the border. That meant it had the Custom House and the first armory after New Mexico became a state in 1912. Mexico was having a revolution at the time that spilled over into New Mexico in 1916.
Militia from Luna County, along with Gen. Black Jack Pershing's soldiers from El Paso made history with the Punitive expedition into Mexico. They didn't find Villa but it was the first military use of motorized vehicles and airplanes – good experience for World War I, which we entered the following year.
Luna County hosted Camp Cody in World War I and Deming Army Air Field in World War II. Meanwhile young men from the area were bravely defending the Philippines from the Japanese march to Australia. They were part of the infamous Bataan Death March. The Military Room tells this poignant story.
Gems and minerals also are big in Luna County, which contains Rockhound State Park – blessed with many semi-precious stones. The local Gem and Mineral Society donated and maintains that exhibit.
Tuberculosis also played a part in settlement of the arid Southwest. Our dry air was the best cure at the time. Many recovered victims and their families stayed in the area –my family being one of them. A Medical Room is dedicated to this and other chapters in local medical history.
Many other communities in the state also have outstanding museums. I have visited many of them. I dwell on Deming, however, because I spent 13 years growing up there. Many of the people and families who were so important in creating the museum were and are good friends.

away

I'll be out of the office through May 14 for the Hawaii portion of our 50th wedding anniversary.
 
 
I'll be out of the office through May 14 for the Hawaii portion of Jeanette's and my 50th anniversary celebration. Shouldn't miss sny columns this time. Will have many friends and family to help us celebrate. I'll have my computer and cell phone. 505-699-9982.
 
Jay
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
shouldn't miss any columns this time.

FRI, 4-22-11
SANTA FE – I was disappointed to see Gov. Susana Martinez's veto of $200,000 from the New Mexico Centennial celebration. January 6, 2012 is less than a year away.
From secondhand sources, I understand a committee has been working on it for a few years and that it has held meetings around the state. The only reason I know about that is communications I receive from various parts of New Mexico. Evidently many communities are getting excited about the celebration.
I got to visit with former state Rep. Dave Townsend, of Alamogordo, about that area's plans about a year ago and they were very excited. Townsend says Otero County has one of the few 47-star United States flags in existence. Imagine how brief a time that flag was in use. Arizona was admitted to the Union a month later.
For a state in which tourism is the largest private employer, New Mexico never has seemed to celebrate its history the way some other states do. The nation put on a huge bash for its 200th anniversary. Jamestown put on a big one for its 400th anniversary and it wasn't even sure where the original town site was.
In comparison, Santa Fe's 400th anniversary didn't make much of a wave. It was celebrated at least three years late, according to historians.
None of New Mexico's major anniversaries in the recent past have made much of a bang. In 1980, the Pueblos had some fun celebrating the 300th anniversary of the first and only native uprising against the invading Europeans.
In Santa Fe, the Hispanics have an annual celebration of their reconquest 12 years later, in 1692. It's not a statewide celebration but it comes off with a bang.
In 1998, there was little mention of the 400th anniversary of the Spanish colonization of New Spain, as they called the area that then encompassed what now is New Mexico, Arizona and the southern parts of Colorado, Utah and Nevada. That settlement was north of the present town of Espanola.
Then in 1996, was the 150th anniversary of New Mexico becoming part of the United States. That's when Gen. Stephen Watts Kearny marched his troops through New Mexico, without firing a shot, while claiming what is now the American Southwest as U.S. territory.
One would have thought that might have been because for some celebration but not a word was heard. There was no 100th celebration either because in 1946 we were much more engrossed in a World War we had just won.
The last big historical celebration New Mexico ever observed was the 400th anniversary of Coronado's expedition through New Mexico in 1940. That was organized by the University of New Mexico history department. The state put some good sized money into that one.
New Mexico's biggest historical celebration ever was held in 1883. It was called New Mexico's Tertio-Millennial celebration. Don't start counting on your fingers. The name was catchy but the date was only approximate.
It really was a celebration of railroads coming to New Mexico in the early 1880s and they were
anxious to get Easterners riding the railroads out here. Railroad companies paid for the whole shebang. Which lasted for weeks. And New Mexico, especially Santa Fe, received daily publicity throughout the nation via the wire services.
Why can't New Mexico throw parties like it once did? Are there too many other forms of entertainment in competition? Is history too dull a subject? Are we only interested in what's happening now?
Or does it depend on who is in charge? Are we waiting for the railroads or Virgin Galactic? Does the UNM history department need to get into the act again?
Or maybe it's the governor. Bill Richardson knew he wouldn't be around in 2012. Susana Martinez is from out of state and may not be interested. In fact, our last three governors have been from out of state.
Oh, well. It's only a centennial that 46 other states already have celebrated. It wouldn't have gotten us much notoriety anyway.

4-20 Budgeting and Redistricting

WED, 4-20-11
SANTA FE � The near shutdown the federal government was necessary in order to produce $38 billion in budget cuts. But that was chickenfeed compared to what Congress and the president face when they get started on next year�s budget cutting.
That�s when the real hurt begins. Counting special sessions, New Mexico has been through four or five legislative sessions of budget cutting, each one more painful than the last. The next promises to be even more painful.
Congress began reducing its deficit by not cutting much of anything. It did exactly as New Mexico had done by looking in cubbyholes for leftover stashes of money. Tea partiers tried to add in some of their social issues, such as planned parenthood but the bill ended up a basically non-controversial conglomeration of leftover money.
Since the easy part almost caused a government shutdown, it is scary to imagine what the heavy lifting will cause. But remember last century when President Bill Clinton and a Republican Congress balanced the budget and decreased the deficit to the point there was a light at the end of the tunnel. The guy who erected a federal deficit counter on Times Square, took it down because it wouldn�t run backwards.
Of course that Congress had an easier time. Our foreign entanglements weren�t nearly as expensive and we taxed the super-rich back then.
Calls for a special session of the Legislature have been heard to fix the cuts to public school funding that became evident after the session. That is not likely since a special session will be necessary to act on redistricting as required after each decennial census.
Other additions to the special session also have been suggested for some important bills that died at the end of the regular session because of filibusters.
It isn�t likely to happen. Lawmakers don�t like extraneous issues diverting them from their task of redistricting our legislative and congressional delegations and the Public Regulation Commission. Not all legislators are on committees dealing with redistricting but since every lawmaker is affected by the redistricting results, it is difficult to focus on anything other than protecting one�s territory.
Back in 1981, when New Mexico gained a third congressional district, predictions were that we would gain a fourth seat by 2011. Some New Mexicans countered that we would get a fourth seat by 2001. But it didn�t happen. And it won�t happen in 2011 even though some reports have mistakenly quoted the old estimates.
New Mexico just keeps plodding along, lagging well behind its burgeoning neighbors. Maybe in 2021.
The redistricting of legislative seats will cause some pain. Previous redistricting has removed seats from eastern New Mexico and added them to Albuquerque, Rio Rancho and Las Cruces. It is sure to happen again. Most of eastern New Mexico has grown but at a lower rate.
Besides extraneous items that may clutter the special session, Gov. Susana Martinez�s veto of an appropriation for expenses before the redistricting session may become an issue. Democrat leaders say the money was to fund hearings around the state to give people an idea of what was coming in their area and to get their feelings.
Martinez�s advisers may have figured part of the money would be used for computer experts to devise the best deals for Democrats.
Democrats, by the way, say they are more unified than ever. This, despite a major challenge to House Speaker Ben Lujan and a Senate president pro tem elected by a coalition of Republicans and conservative Democrats.
It happens. When Democrats have confortable margins, they tend to develop factions. Republicans are no different. Back in the 1980s, Republicans, with the help of a few straying Democrats, gained total control of the Senate. But they hadn�t held it long when cracks began opening between the leaders and those who felt they weren�t getting their share of the new found power.
Democrats know they�re in trouble. It�s a preservation thing.
 

4-18 Gov. Wary of Gaming the System

MON, 4-18-11
SANTA FE � What is Gov. Susana Martinez�s problem with the film industry? It received the only tax or fee increase during the recent legislative session. Martinez promised no increases and held to it except in the case of Hollywood.
Martinez not only signed the cap on the state tax rebate the industry can receive, she championed it We aren�t sure New Mexico receives full value for its tax rebate but we do know that the industry is a proven job producer and that other states and countries offer bigger inducements. Reportedly Utah and Canada already have been in contact with companies planning to shoot in New Mexico.
So what�s the problem? Was Martinez permanently traumatized from seeing Bambi alone in a burning forest as a child? Did former Gov. Bill Richardson leave too big a footprint on the industry? My guess is that Martinez is worried the industry is gaming the system by turning in bigger expense vouchers than they should be.
Martine has mentioned that complaint before. The only instance she can site is several years old and the law already has been changed to prevent a similar occurrence. But as a career district attorney, maybe she is inherently distrustful of everyone.
A similar cloud of distrust hangs over the public schools� reporting of students. More money is allocated to those students with learning disabilities. Schools also receive additional money for teachers who have increased their higher education credits. Increases in those two areas appear to be responsible for more units each district will receive, thereby decreasing the unit value.
School superintendents contend that they should have been informed of this discrepancy long ago because it more than doubles the amount of cuts they will have make to their budgets. Gov. Martinez and her education secretary Hanna Skandera contend that superintendents are gaming the system by declaring that teachers have more training than they really do and that in some cases all students with Spanish surnames are non-English speakers.
Superintendents at a recent meeting with Martinez and Skandera were incensed at the accusations. They accused the two of fostering an atmosphere of disdain and conspiracy.
Martinez comes from a background of prosecuting less than honest people. She seems to be on her guard and suspicious. Leaders need to have a certain degree of that to avoid being scammed but they also need to learn to work with others to solve problems. Politics is said to be the art of compromise. That�s difficult when one is always on the attack.
One school superintendent at the meeting, Cheryl Wilson of Socorro, gave the only explanation she could think of for the abnormal increase in teacher training units. She is quoted as saying that in talking with her teachers about receiving no salary increases and being required to pay for part of the district�s retirement contribution, she suggested they accelerate their college coursework as a way to move up on the salary schedule.
Martinez and Skandera say they will audit the special education and teacher training figures from every district. Superintendents say none of the figures are fudged and that the better path is to work together to resolve the situation.
The governor insists that it still won�t be necessary to make any cuts at the classroom level. From reports I am receiving, those cuts already have begun. Actually the governor has no control over where cuts are made. That is decided by local school authorities.
At the meeting with superintendents, Gov. Martinez offered several times to help schools districts build their budgets. Her feeling is that too much money is being put into administration. It appears some of the administrative costs to which the governor is referring are normally thought of as support services, such as librarians, counselors and nurses.
It really will take everyone�s effort. Some school business officials now predict the shortfall now will be increased from 1.5 percent to almost 4 percent.

4-15 Gov and Lawmakers Interact

FRI, 4-15-11
Here are some further thoughts about the governor and Legislature.
If Gov. Susanna Martinez continues her out of state trips to speak to Republican groups, she might want to consider some of her recent vetoes relating to women and minorities. Media talk has indicated that the GOP is interested in making inroads among women and minorities in order to capture some of the vote that President Barack Obama won so heavily in 2008.
Gov. Martinez announced before the 2011 Legislature convened that she wanted to disband the Commission on the Status of Women. Lawmakers didn�t like the idea, so the commission remained but Martinez vetoed the body�s entire appropriation from the budget bill.
The governor also vetoed appropriations for the African-American Performing Arts Center at the State Fair Grounds along with a bill to provide loans to small budget films, especially those made by American Indians.
Maybe Martinez feels that since she achieved the governor�s office, recognition of women and minorities now has been fully satisfied. Or maybe she feels that groups to which she is speaking will not care. Regardless, it makes one wonder.
Restructuring of state government was a major topic for over a year. Gov. Bill Richardson entertained the idea before his final legislative session after a task force, headed by former Gov. Garrey Carruthers, came up with the idea.
The 2010 Legislature took a look at it and instructed its fiscal staff to make a comprehensive study of how state government could reorganize to achieve cost savings and maybe greater efficiency. The Legislature even instructed state agency heads to cooperate with its staff in the study.
It didn�t happen. Outgoing cabinet members fought reorganization all the way. Some of us thought that the incoming governor and cabinet might feel more flexible about money-saving ideas. But that didn�t happen either. Gov. Martinez indicated a willingness to consider anything the Legislature might suggest but she went ahead and appointed an entire cabinet.
Legislation was introduced but at some point along the way, lawmakers began to lose interest. It was too big a battle for little in the way of savings. Attention was turned to bigger cost-saving items And then there were the wedge issues, which invariably consume the majority of any legislative session.
An interesting situation is developing around the tough-on-crime issue. The old talk about locking �em up and throwing away the key is being rethought in terms of cost containment. It is expensive to lock up people for years. Criminals who are a menace to society should be locked up forever. But less expensive alternatives might be fashioned for others.
The Legislature passed a bill this year diverting certain drug offenders to programs not involving prison. Gov. Martinez vetoed it but eventually even she may want to rethink her position.
Gov. Martinez did stray a little from her law and order philosophy at least once. She signed a bill banning corporeal punishment in schools. Most New Mexico schools have banned it for years. When I taught in Albuquerque 50 years ago, we were told not to touch a child even lovingly. Even then, no excuse was too small to sue the government.
Many of the reasons for the right to paddle are similar to those in favor of capital punishment. It is a deterrent even if almost never used. Gov. Martinez still favors the death penalty but might this be an indication she might bend a little on her tough on crime positions?
Since Gov. Martinez now is now enthusiastic about the spaceport, might she rethink her position on requiring private money in order to finish it? The possibility exists that it might be necessary next year to ask for a small amount to provide finishing touches.
The only likely source other than the state would be Sir Richard Branson. It appears he is doing a much greater service with heavy international marketing of Southern New Mexico tourism.

4=13 Learning About Gov. Martinez

WED, 4-13-11
SANTA FE – We now know more about our new governor, Susana Martinez. Prior to the deadline for acting on legislation, she was sending out mixed signals as far as expectations were concerned.
Martinez signed some bills she was expected to veto and vetoed some she was expected to sign. She even vetoed some bills favored by her big financial supporters. But on the April 8 deadline for action on the 284 bills sent her, she gave us a picture of what we may be able to expect from her the next four years.
Of the 284 bills sent her, Martinez signed 186 and vetoed 98. That approaches former Gov. Gary Johnson's record when he vetoed just over 100 bills his first year in office. Eight stormy years followed. Little was accomplished but since Johnson's priority was shrinking government, he can be termed a success.
Martinez said she wanted to cut the budget and promised bold action. Her budget cutting proposal was modest – less than a third of the $450 million deficit she blamed former Gov. Bill Richardson for leaving her. Not much other bold action was evident other than her 98 vetoes.
Two-thirds of those vetoes were inaction on bills, commonly referred to as pocket vetoes. No explanation for inaction is required so we don't know why she ignored them. It could have been for reasons along the lines used by former Govs. Bruce King and Ed Mechem – a you-guys-send-me-too-much-stuff attitude. But Martinez never expressed that opinion previously.
House Appropriations leader Luciano Varela and Senate majority leader Michael Sanchez see Martinez's vetoes as signaling four years of trouble, especially since she almost never communicates with them. Martinez also vetoed appropriations to fund a legislative redistricting committee and to fund pre-session expenses for next year.
Martinez accused lawmakers of not cutting their own expenses while cutting the other two branches of government. She claims a 10 percent cut in her own staff expenses. Lawmakers are sure to punish her for the vetoes. Delaying the confirmations of gubernatorial appointees will be one way.
Using her line-item veto power on bills other than appropriation measures can be called a bold move. In fact, it is illegal. The actions would have to be taken to court in order to reverse her action.
Another bold action may be her I'll-do-it-my-way approach to some of her vetoes. Gov. Richardson would veto a bill and then issue an executive order to accomplish the same purpose but doing it his way, with him in control.
This appears to be a Richardson practice Martinez will continue. During her campaign for office, Martinez appeared to feel anything Richardson did was poison but she must have decided that he had a few good trick s of his own.
Another interesting development is Martinez's vetoing of two bills she criticized Richardson for vetoing last year. They involved government transparency. Martinez now can see reasons individual rights and privacy might be compromised.
A year ago Gov. Martinez wanted Gov. Richardson off the state Investment Council because of his alleged improprieties. Now that she is chairman of the council, she vetoed a bill to take the governor off.
The law and order bills Martinez championed generally did well. It is an area in which she is well versed and she felt comfortable dealing publicly with those issues. She even testified before a legislative committee on one of the bills, something few governors do.
Martinez didn't accomplish much in the education reform arena as she would have liked. Her education department will get to implement the A—F grading of schools. But the governor didn't get approval for grading administrators and teachers. Regardless, Martinez plans to have a group work on an evaluation system for awarding performance based pay.
All in all, Gov. Martinez did as well as should probably be expected for someone almost completely new to state government. Most governors have previously held high public or political office. Martinez had a steep learning curve to master and she's getting there.

4-11 An April Fool Joke Ignored

MON, 4-11-11
SANTA FE – Big talk among some governors about seceding from the union has led to legislative proposals in a few states allowing the state to decide which federal laws it will follow. No state appears to be anywhere close to approving such legislation.
But those legislators should take a look at an April 1, 1988 opinion by New Mexico Attorney General Hal Stratton for some ammunition. Stratton was a no-nonsense type guy in the second year of his term. He had issued numerous controversial opinions, which he said were not political. He was just "calling 'em like he saw 'em."
So when he issued an opinion informing state agencies of six different situations in which they did not have to follow state law, only one person in the capitol press corps took note of it. He reported it as a straight news item.
The three-paragraph press release accompanying the seven-page opinion read as follows.
"Attorney General Hal Stratton released an opinion today describing the circumstances and legal bases under which state government can ignore state law or the constitution.
"Over the past 15 months state officials have stated many reasons for not wanting to comply with state law. After receiving this opinion request, we decided we should research the question and let people know under what circumstances the law can be ignored.
"Of course we chose today to release our opinion to show what we think of our own research. Happy first day of April."
Stratton's press release was somewhat believable. It was the first time since the Depression that we had a Republican attorney general and a Republican governor, Garrey Carruthers. Maybe all those Democratic years had led to some requirements on executive agencies that Republicans felt unreasonable.
But somehow it didn't sound like Stratton. I decided I wanted to read the seven-page opinion as soon as I had time. Two weeks later that time came. I read the opinion and couldn't believe what we all had missed. There were plenty of clues. He mentioned April 1 twice and highlighted it at the top of the page. It should have been big news because of Stratton's controversial nature.
In his seven-page decision Stratton opined that legitimate justification for not following a law include the "time immemorial" exception. If an agency can show one instance when the law was not followed, it does not have to be obeyed. Then there is the "di minimus non curat el stupido" exception declaring that stupid laws don't have to be obeyed.
The "administrative nightmare" rule says if a law requires extra effort it can be ignored. And if a "superior source" can be cited, the law doesn't have to be followed. Stratton suggested Marx, Nietzsche and Woody Allen as fruitful sources. There's also the "Royal Mile" rule and the "superboard" rule.
Evidently all six of the exceptions related to excuses given by agencies for not following the law. And the citations and footnotes are wonderfully clever.
Evidently no one else in the capitol press corps had read this magnificently humorous effort to inform agency heads that they had better start following the law. I immediately contacted Duncan Scott, a top hand in Stratton's office, who said they were surprised and disappointed about getting no press coverage.
I didn't ask if agency heads had been made aware of the attorney general opinion but I bet they did. And they may not have been as amused by the April Fool's joke.
I imagine the public would have enjoyed the joke, considering that Hal Stratton was a household word at the time for his controversial opinions. But only readers of Inside the Capitol got in on the joke.
That's not the only good political April Fool's story. There's one on Heather Wilson from when she was a state cabinet secretary that is even more unusual than this one.

4-8 Gov's Decision Day

FRI, 4-8-11
SANTA FE � Today will tell us much more about our new governor, Susana Martinez. This is her final day for acting on legislation. Governors have 20 days after a legislative session to sign or veto legislation.
Governors can also decline to act on a bill. The inaction is referred to as a pocket veto. It has the same effect as a veto but usually doesn�t include an explanation of the reason for the veto. Former Govs. Ed Mechem and Bruce King were known for their pocket vetoes. They made no bones about their feeling that much legislation really isn�t necessary.
Gov. Martinez did not hit the ground running as many governors have done in the past. It isn�t easy for a governor, elected in November, to have a full-scale legislative initiative going by January. But many do, especially those who have been around for a while.
Former Gov. Bill Richardson and his economic development initiatives immediately come to mind. But former Gov. Jerry Apodaca, also from Dona Ana County, probably is the prime example of immediate action.
The day after his election, he began issuing press releases and contacting legislative leaders about his plan to streamline the executive branch of government from over 100 agencies reporting to the governor down to 12 departments. It took his entire four-year term to accomplish the feat
Gov. Martinez came to the Legislature with a much more modest agenda, mostly dealing with law and order issues, education and a promise of no tax increases for her entire term.
So her actions on the nearly 300 bills sent her by the 2011 Legislature will go a long way toward defining the kind of governor we have elected. Gov. Gary Johnson spoke the loudest of any governor on his first bill signing deadline by vetoing over 100 bills. He announced he believed in smaller government and he didn�t care whose bills he vetoed. He said he didn�t even look at the names.
In contrast, Gov. Apodaca vetoed almost no bills during his four-year term. That may be one reason he was so successful in achieving his major initiatives. He probably did look at the names on bills.
Gov. Martinez probably will fall somewhere between Johnson and Apodaca. But what sort of bills will she sign and which will she veto? She already has given some indications. Governors don�t wait until the deadline to sign all bills. As of Tuesday of this week, Gov. Martinez had signed over 50 bills. But the majority of legislation will wait until today.
And it all is likely to happen before noon. The Legislature adjourned at noon on March 19. The law isn�t clear on whether the 20 days ends at noon but any bill signed after noon could be challenged in court by opponents of the law. The status of bills vetoed after noon doesn�t change because bills die anyway unless signed.
Two of Martinez�s early bill signings were an expansion of Katie�s Law, named after a young Dona Ana County murder victim, and a law to grade public schools on an A-F basis. Those signings were consistent with Martinez�s law and order and education goals. A few other law and order bills passed the Legislature but not much else on education.
Martinez campaigned on not cutting public schools or Medicaid. She had to cut back her education promise by applying it only to classrooms and interpreting educational administration broadly. The budget bill she has on her desk cuts public schools by $35 million. It increases Medicaid by $22 million.
Two of Martinez�s vetoes include a bill to require more information from state agencies be furnished to the Legislature. She admits the veto violates her government transparency promise but says it was to protect confidential information. Gov. Richardson vetoed a similar bill last year.
The other veto was to a bill requiring Senate confirmation of the superintendent of Regulation and Licensing. A lot of politics is involved in that bill.

4-8 Gov's. Decision Day

FRI, 4-8-11
SANTA FE � Today will tell us much more about our new governor, Susana Martinez. This is her final day for acting on legislation. Governors have 20 days after a legislative session to sign or veto legislation.
Governors can also decline to act on a bill. The inaction is referred to as a pocket veto. It has the same effect as a veto but usually doesn�t include an explanation of the reason for the veto. Former Govs. Ed Mechem and Bruce King were known for their pocket vetoes. They made no bones about their feeling that much legislation really isn�t necessary.
Gov. Martinez did not hit the ground running as many governors have done in the past. It isn�t easy for a governor, elected in November, to have a full-scale legislative initiative going by January. But many do, especially those who have been around for a while.
Former Gov. Bill Richardson and his economic development initiatives immediately come to mind. But former Gov. Jerry Apodaca, also from Dona Ana County, probably is the prime example of immediate action.
The day after his election, he began issuing press releases and contacting legislative leaders about his plan to streamline the executive branch of government from over 100 agencies reporting to the governor down to 12 departments. It took his entire four-year term to accomplish the feat
Gov. Martinez came to the Legislature with a much more modest agenda, mostly dealing with law and order issues, education and a promise of no tax increases for her entire term.
So her actions on the nearly 300 bills sent her by the 2011 Legislature will go a long way toward defining the kind of governor we have elected. Gov. Gary Johnson spoke the loudest of any governor on his first bill signing deadline by vetoing over 100 bills. He announced he believed in smaller government and he didn�t care whose bills he vetoed. He said he didn�t even look at the names.
In contrast, Gov. Apodaca vetoed almost no bills during his four-year term. That may be one reason he was so successful in achieving his major initiatives. He probably did look at the names on bills.
Gov. Martinez probably will fall somewhere between Johnson and Apodaca. But what sort of bills will she sign and which will she veto? She already has given some indications. Governors don�t wait until the deadline to sign all bills. As of Tuesday of this week, Gov. Martinez had signed over 50 bills. But the majority of legislation will wait until today.
And it all is likely to happen before noon. The Legislature adjourned at noon on March 19. The law isn�t clear on whether the 20 days ends at noon but any bill signed after noon could be challenged in court by opponents of the law. The status of bills vetoed after noon doesn�t change because bills die anyway unless signed.
Two of Martinez�s early bill signings were an expansion of Katie�s Law, named after a young Dona Ana County murder victim, and a law to grade public schools on an A-F basis. Those signings were consistent with Martinez�s law and order and education goals. A few other law and order bills passed the Legislature but not much else on education.
Martinez campaigned on not cutting public schools or Medicaid. She had to cut back her education promise by applying it only to classrooms and interpreting educational administration broadly. The budget bill she has on her desk cuts public schools by $35 million. It increases Medicaid by $22 million.
Two of Martinez�s vetoes include a bill to require more information from state agencies be furnished to the Legislature. She admits the veto violates her government transparency promise but says it was to protect confidential information. Gov. Richardson vetoed a similar bill last year.
The other veto was to a bill requiring Senate confirmation of the superintendent of Regulation and Licensing. A lot of politics is involved in that bill.

4-6 GOP Senate Race

WED, 4-6-11
SANTA FE – The GOP U.S. Senate race to replace Sen. Jeff Bingaman in 2012 promises to be full of excitement if it ends up a face-off between former US Rep. Heather Wilson and Lt. Gov. John Sanchez.
Wilson already has announced. Sanchez is officially "considering" a run. But he slipped recently and revealed his decision already has been made. If he does run, the race should be even livelier than the 2008 battle between Rep. Wilson and Rep. Steve Pearce.
All the elements of suspense will be present: a lieutenant governor who looks strong in the primary election, a former U.S. representative who could be strong in the general election and a governor who clashes with both despite having close ties to both.
Gov. Susana Martinez, who gives indications of national political aspirations in 2012, will have to share the spotlight with her lieutenant governor and the former head of her transition team.
It won't be easy – or pretty. Gov. Martinez has given indications she doesn't like to share the spotlight. Soon after her election, she sent new Lt. Gov. John Sanchez on a fishing expedition to every county in the state to find out what businesses want. The results were to be turned into legislation.
No legislation in the 2011 session was publically advanced as being a result of that tour. I received no news releases or saw any media reporting on the visits of Lt. Gov. Sanchez when he journeyed to each county.
Could the tour have been primarily to keep the lieutenant governor out of the way while Martinez put together her government? One definite result of the tour was to strengthen Sanchez's ties in every county of the state. It is highly likely that Sanchez met with every single GOP county chairman in the state.
Sanchez has run for statewide office four times already so he already knows the state. But this tour was as a public official and it is certain to have done him much good. Although Bingaman had not made his retirement announcement yet, Sanchez, 48, knew he would have future political opportunities even if Bingaman ran again.
Sanchez says he's the true conservative in the Republican primary. He had only two years in the New Mexico House to establish a record but he didn't stand out as being the Tea Party-type of conservative he now says he is.
Rep. Wilson had 10 years in the U.S. House to build a moderate record, somewhat similar to that of Sen. Pete Domenici. It may have been Pete to whom Sanchez was referring when he called Wilson a relic of the past. I hope so. It is difficult for a person of 73 to hear a 50-year-old referred to as a relic of the past.
Domenici may be a relic but he never had any trouble winning elections. That is what Wilson is talking about when she says she is the only Republican candidate capable of winning statewide election.
Republican winners of high public office in New Mexico during the past 80 years all have been rather moderate. Besides Domenici, they include Govs. Ed Mechem, Dave Cargo, Garrey Carruthers and Gary Johnson.
If John Sanchez does win the GOP senatorial primary, you can be sure the Democratic candidate, whoever that might be, will tie every unpopular act by the Martinez administration directly to Sanchez, just as Martinez tied Democratic gubernatorial candidate Diane Denish to Gov. Bill Richardson. You might call it a game of pay-back.
As I have often noted, no New Mexico lieutenant governor has ever been part of a governor's administration. They always are kept out of the loop. But that reality never has been believable to the voting public.
For that reason, lieutenant governors have always had trouble moving to higher office. I can find only one governor, one U.S. House member and one state Supreme Court member who have moved up since statehood.