Inside the Capitol

Monday, October 31, 2011

11-2 Governor doesn't live in a mansion

110211 gov mansion

SANTA FE – This is the governor's residence, not the governor's mansion. Thus decreed our new governor Susana Martinez.
Actually residence isn't a bad idea. As mansions go, it is small potatoes. The only thing grand about New Mexico's residence is its parking lot.
Not being a mansion isn't, particularly unusual. Most states don't get carried away with their governor's residences.
If Gov. Martinez were appointed by royalty, she would live in a mansion. New Mexico's governors for its first 250 years were appointed by a king and they lived in what was called a palace. Actually the Palace of the Governors wasn't very palatial but it was better than any other house in the village.
Our first U.S. territorial governors, appointed by the president, lived in the Palace of the Governors. After 1889, they were allowed to live in private residences but they used the Palace as their office.
In 1907, after 60 years of trying to become a state, the territorial legislature decided it would have to start looking more like the rest of the United States if it ever was going to be admitted to the Union.
So they built a capitol with a dome on it and a large Victorian governor's mansion. It worked. But once we were safely in the Union, state buildings headed back toward pueblo and Spanish territorial styles. The dome came off the capitol and the mansion was torn down.
In 1951, a tract of land in the hills a mile north of the plaza was donated for a new residence and a modest Spanish territorial home was built for our governors.
The concept was that the home should fit in with the surrounding area and not be ostentatious. After all, the residence houses an elected official who should not be lording it over his or her constituents.
Former Gov. Bruce King, in his book "Cowboy in the Roundhouse," told of visiting the governor's residence in the early 1960s and going home to his small farm house to tell his wife Alice that he wanted to be governor someday so they could live in such a nice house.
Ten years later, the Kings moved into that house. When King's four-year term ended and they moved back to the ranch at Stanley, the Kings built themselves a very nice home.
But some other governors haven't been as impressed with the residence. It was reported that Gov. Toney Anaya's family, who lived nearby, didn't want to move in because it wasn't nearly as nice as their own home. Anaya sought some major improvements to the residence but they were ridiculed as Toney's Taj Mahal.
The living quarters always have been cramped, especially for families with children. Although several expansions and improvements have been made to the public areas of the mansion over the years, governors never particularly wanted to ask lawmakers for improvements to the private family area.
But former Gov. Gary Johnson did future governors a favor. He said since he had no future political ambitions, he wouldn't mind doing a little begging. He got money for the private quarters. His wife Dee, who had run a very successful construction business, oversaw the project.
It is common throughout the country for governor's residences to be called mansions even if they aren't. Some states provide no residence for the governor. In others, the "mansion" is a tract home. New Mexico falls somewhere in the middle but is generally agreed to be the most representative of its state's architecture.
Gov. Martinez is not the first New Mexico governor to insist on using residence instead of mansion. Former Gov. Jerry Apodaca also felt strongly that residence was the proper term. By the end of their third term, the Kings often referred to the residence as "the house."
Gov. Bill Richardson preferred the term "mansion." But he also liked to call it "the people's house" meaning that it was open to the people much more than under previous governor Gary Johnson.
Richardson claimed to have hosted 170 events, involving over 7,000 guests during his first year in office.

Thursday, October 27, 2011

10-31 Post office closings hurt rural America

103111 post office closings

SANTA FE – The U.S. Postal Service study on closing some 3700 post offices in the nation poses a real crisis for rural America. The problem is an $8 billion budget deficit. New Mexico has 54 of those target post offices. Hearings currently are being held to determine which offices should be cut.
Rural post offices are more than just a place to pick up mail. They are locations to congregate and see your neighbors at the appointed time when the mail truck is scheduled to arrive. Driving to the nearest open post office can take hours and be impossible in the winter.
The only thing worse is losing a school house. School closings began in New Mexico in the late 1940s. World War II changed much about our culture. Increased industrialization and a how-do-you-keep-'em-down-on-the-farm syndrome weakened small towns.
New Mexico had over 600 school districts at the time. That was pared down to 90 districts over a decade. Since that time, many remaining districts have had to close rural schools. It hasn't been pretty.
During the time that over 500 districts were being closed, the elected state Board of Education was the villain. The board members really didn't see themselves in that light. Science and technology was taking hold of our society and small schools were seen to be deprived if they didn't have chemistry labs and couldn't offer a broad curriculum.
The rapidly escalating Cold War and Russian space challenges prompted school faculty to encourage brighter students to prepare for science and engineering degrees.
But rural schools were the hearts of their communities. That's where people gathered. Basketball and sometimes six-man football were popular. That included girls' basketball teams.
Communities like Virden and Forrest won state basketball championships back in the days when all schools, regardless of size, played in one division.
I watched Virden, led by the rangy Merrill brothers, play during their two championship seasons. To get a 10-man traveling squad, they had to dip down into the junior high grades. Several of the Caton family from Forrest became friends and state leaders in later years.
The small schools were producing a good product and with 100 percent graduation rates. And they still are doing a good job, as documented by Think New Mexico, a Santa Fe-based think tank.
The organization currently is lobbying for a return to smaller schools, citing better attendance, graduation and test performance in the remaining small schools of the state.
The main reason is that the small communities are close. Students don't fall off radar screens. Everyone is interested in everyone else's children.
Rural residents tried to explain to state Board of Education meetings the good reasons for keeping their schools open. But, curiously, the only ones who seemed to succeed were those represented by powerful legislators.
Now those students ride a bus for hours each day. They can't stay in town for after school activities. Many are lost in big student bodies. And it was all in the name of giving them a broader education.
There was some thought of it being cheaper but Think New Mexico has come up with figures disputing that notion.
Let's hope that in the hearings on closing rural post offices, creative ideas can be developed that will prevent the rush to judgment we saw with the closing of small school districts 60 years ago.

Today is Halloween. Despite efforts to curb its celebration, it sells more costumes, more decorations and more candy than any other holiday of the year. So have fun.
***
Tomorrow is 11/1/11. Imagine the people getting excited about those numbers and all they might symbolize. County clerks report more marriage licenses than usual issued on such days.
This day may be even more special because of the unity theme symbolized by the numeral 1. And coming up in 10 days is an even bigger cause for celebration -- 11/11/11.

Wednesday, October 26, 2011

10-28 More tourists for less money?

102811 tourism

SANTA FE – New Mexico can attract many more tourists without spending any more money. That was the message from state Tourism Department Secretary Monique Jacobson to the Legislative Finance Committee last week.
Jacobson says we just have to work smarter and elevate our game. And that we can do without any increase in appropriation. The message, of course, was music to legislative ears. But will it work? Our neighboring states spend many times New Mexico's $2.5 million advertising budget already.
Jacobson says the secret lies in how we spend our money. New Mexico's measly $2.5 million will be switched from tourism services to tourism generating expenditures.
"We've got to serve the traveler and not the destination," she explained. The New Mexico tourism industry has not appreciated the new secretary from the beginning. This will ice it.
But frugal-minded lawmakers likely will be willing to give Jacobson's austerity program a chance.
Attracting younger visitors is another of the young cabinet secretary's solutions. Playing to the young set is a popular fix to many ills for some reason. Our favorite piano bar in Santa Fe is getting rid of its grand piano in favor of pop music bands in order to attract a younger crowd.
The place already is packed with middle-aged and older folks with disposable personal income. I'm not sure what more is needed. The young folks will stay later but will they spend as much?
Some quick tactical wins are another part of Jacobson's strategy. Her "Catch the Kid" contest had New Mexicans and out-of-state visitors finding and arresting Billy the Kid.
To find the Kid, it was necessary to log onto a computer and see all the locations around the state where the Kid had stashed loot and left clues.
Then it was necessary to travel around New Mexico, with a smart phone onto which you had downloaded an app for the contest. Uh, what was that again? A fair segment of the adult population was lost right there.
Personally, I formed a posse composed of my kids, grandkids and several experts on New Mexico history to figure out what was going on. Among us, we quickly pinpointed the Kid's whereabouts, and when he would be caught.
We didn't participate in the final chase for the arrest, during the last weekend of the state fair. But our kids used the "loot" they had collected electronically to purchase "Catch the Kid" T-shirts for the grand kids.
Surprisingly little publicity was given to the final chase to arrest the Kid. From the news snippets I caught, the $10,000 prize was split between two winners.
Jacobson told the legislative committee the contest cost about uickly$600,000 and produced about $4 million in tourism revenue. She said she is pleased with the interest generated considering it was put together so quickly.
The responses I received were not as good but that's the way it goes in this business. The oldsters said they enjoyed my columns on the contest but had no idea what I was talking about.
Others said Billy the Kid was a horrible subject for the contest. All I can say is that my file on Billy the Kid is thicker than any other. In second place is UFOs. The governor comes in third. My conclusion is that people must like to be entertained.
Secretary Jacobson is going to stay in the news. Along with Education Secretary Hanna Skandera, the two have been the flashpoints for this administration.
They have been the ones to give walking papers to many staff members while building new programs. They both have been criticized by leaders of the constituencies they serve but if they can produce some results, New Mexicans will be happy to see them succeed.
We knew education results were bad but we hadn't heard that about tourism. We thought we were doing great but now we are told we are 38th at attracting tourists.
Good luck to both secretaries.

Monday, October 24, 2011

10-26 Behind the U.S. Senate Race Scenes

102611 US SEN RACES

SANTA FE – Any visible action still is sparse in New Mexico's congressional races. It is surprising because U.S. Senate contests without an incumbent usually happen only once every 30 years or so. House districts #2 and #3 are slam dunks but Congressional District 1 will be lively because Rep. Martin Heinrich is leaving it to make a run at the U.S. Senate.
Labor Day is the usual kickoff for such races but it didn't happen this time. Neither did the kickoff of nomination petition signing in early October create a stir. But much has been happening behind the scenes. Here is a run-down of the action there.
In early September, I wrote a column reporting that Lt. Gov. John Sanchez couldn't be doing much on his U.S. Senate campaign for a while because he would be busy presiding over the state Senate's contentious redistricting session.
Sanchez put my column on his website. That column also included my statement that Sanchez's two-year state House term early last decade included a voting record that was very moderate but that now he is running with strong conservative support.
Candidate Greg Sowards, of Las Cruces, wonders why Sanchez ever would have put my entire column on his website when it points out that his record is moderate. Other of my columns since early in the year have included my impressions from numerous past communications with Sowards that he is the true conservative in this race.
Sanchez's past moderation could help him gain independent support in a general election but he first has to get through a tough primary election in which former U.S. Rep. Heather Wilson is generally considered the favorite. Wilson has amassed a bigger bankroll than any other candidate in either party.
The New Mexico Watchdog, an insightful conservative website. Has wondered about New Mexico not electing a Hispanic to the U.S. Senate since Sen. Joe Montoya left office in 1977. The combo of Montoya and Dennis Chavez held the seat from 1935 to 1977. But since then, the seat has been held by Harrison "Jack" Schmitt for six years and Jeff Bingaman for 30 years.
Does it matter that New Mexico have an ethnically balanced Senate tandem? I can remember for at least 65 years hearing my bilingual father say New Mexico takes pride in having a balanced congressional delegation.
Originally the state had only one U.S. House member and about half the time, he was Hispanic. In the early years, those Hispanics were Republicans. Then, as a result of New Mexico's wartime growth, we gained a second House member, also elected at large, in 1943. Antonio Fernandez held that seat for many years.
In 1969, those two seats were districted and Manuel Lujan always held the northern seat. In 1983, New Mexico gained a third seat. Bill Richardson captured that seat eight times while Lujan held the Albuquerque seat for three terms until retiring in 1989. Ben Ray Lujan has held that seat since 2009.
In summary, New Mexico has had a fairly ethnically balanced congressional delegation since soon after statehood. What does the future hold? Both Republicans and Democrats have a strong U.S. Senate candidate running this year.
Republican John Sanchez will have to best Heather Wilson and Greg Sowards. Democratic state Auditor Hector Balderas faces off against U.S. Rep. Martin Heinrich. Wilson and Heinrich are considered the favorites at this point to win their primaries but Sanchez and Balderas both have decent shots.
Does ethnicity play a role in New Mexican voting? It has long been popular for both groups to claim it doesn't. But statistics prove that wrong. National Republicans have been working especially hard to showcase Hispanics elected to top posts last year. Gov. Susana Martinez is a beneficiary. John Sanchez may get considerable national assistance.
Sanchez and Balderas both steer clear of being ethnic candidates. The Watchdog observes that the topic is so radioactive for the other candidates that they should stick to saying how much they like posole.

Thursday, October 20, 2011

10-24 Gov. Jumps Aboard Space Plane

102411 spaceport

SANTA FE – Finally, we have some encouraging words from Gov. Susana Martinez about Spaceport America. The words came during her first visit to the site for dedication of Virgin Galactic's terminal building and hanger.
Earlier, Gov. Martinez skipped ceremonies dedicating the 10,000-foot runway. And in January, she had some very discouraging words for the Legislature about the spaceport's finances and the necessity of private industry picking up further costs.
But she was all smiles when posing for pictures with Virgin Galactic owner Sir Richard Branson. Her positive comments didn't get much coverage but Albuquerque Journal reporter Rene Romo interviewed her later.
Gov. Martinez said during her public comments at the dedication that she is so impressed with Virgin Galactic that she may have to add a suborbital flight to her bucket list. Romo then caught up with her to ask about her apparent change of heart.
Martinez said her visit to the spaceport increased her enthusiasm for the project. She said she never was unenthusiastic about it. She just wanted to make sure our tax dollars are being spent wisely.
Judging from the experience of backers of other projects championed by former Gov. Bill Richardson, this may have been the first time Gov. Martinez had met with Virgin Galactic representatives.
Spaceport supporters had worried that the governor's lack of enthusiasm might turn off Sir Richard who is being pursued by countries worldwide to relocate his space program. Branson's continued commitment to New Mexico during the past 10 months has been a welcome sign.
Branson and his two children rappelled from the roof of the Virgin Galactic terminal at the beginning of the ceremonies. If relations had warmed a little earlier, Gov. Martinez might have joined them. A few weeks ago, we saw film clips of her qualifying for a concealed carry license, notching a perfect score.
It has been a long time since New Mexico governors have needed to carry a gun so she must have been doing it to demonstrate her skills. She also showcased her ballroom dancing abilities at least once since becoming governor. She won a Las Cruces dance competition when she was a district attorney. So why not show off with Sir Richard? It would have made international news.
Or why not take a ride on the first space plane to lift off from New Mexico? Branson and his two children will be on it.
When Bill Richardson was governor, he said he wanted to be on the first flight. That was early in Richardson's administration when plans called for the spaceport and the spaceship to be ready by 2010.
Virgin Galactic has had much good news lately. Former NASA shuttle program manager Mike Moses is leaving the space agency to become Virgin Galactic's vice president of operations. He will be in charge of all the company's operations at Spaceport America.
Virgin Galactic is involved in more than just tourism. NASA plus several research and educational institutions have already made reservations for space aboard the flights. The company also has an agreement with NASA to collaborate in the development of equipment to conduct space flight operations.
The equipment development is said to include space suits, heat shields and other space flight elements. Space suits and heat shields will be necessary when the commercial market advances to orbital flights.
Bill Richardson should not receive all the credit or blame for the spaceport. The idea was conceived by space enthusiasts centered in the Las Cruces area during the latter days of the Garrey Carruthers administration.
Gov. Bruce King supported their efforts and delegated the responsibility to Lt. Gov. Casey Luna. Gov. Gary Johnson didn't like the idea. He felt New Mexico had too many highway improvement needs.
It was in the early days of the Richardson administration that spaceport supporters found a big friend in state Economic Development Secretary Rick Homans, who took the idea to Richardson. You know the rest of the story.

Tuesday, October 18, 2011

10-21 New Mexico Loses a Leprechan

102111 Tom Foy

SANTA FE – New Mexico lost one of its most pleasant citizens recently with the death of former state Rep. Tom Foy. If ever a person could be said to always have a smile on his face, it was Tommy, or Tommie, depending on how his friends wanted to spell it.
To my knowledge, he always spelled his name Tom but seemed to have no objection to the diminutive form. He was diminutive. Many thought of him as a leprechaun. But Tom didn't need to prove he was a tough guy.
He played football in high school and then survived the horrors of the Bataan Death March and Japanese hell ships and prison camps. Tom didn't seem to mind talking about his war experiences and the pleasant look on his face didn't seem to change even then.
When Tom signed up for the New Mexico National Guard, he had no idea what was coming. In 1940, he had just graduated from Notre Dame Law School and taken a job with a Silver City law firm. Congress had just passed a draft act and Tom figured enlisting in the Guard might be a way to stay closer to home.
But problems implementing the new draft law meant that Guard units throughout the nation were called on to fill in the gap to prepare for what looked like an impending war. The Guard activations were for only a year and the New Mexico National Guard would stay together.
When word came they would be deployed to the South Pacific, rumors spread that they were headed to the resort islands of Samoa, one of the few U.S. possessions in the South Pacific. And that's where some units were sent. But when our guys saw anti-aircraft artillery and ammunition loaded on their ship, they knew they were in for another disappointment.
But Foy didn't let it bother him. He had enlisted as a private but soon became a sergeant in charge of the right areas to make his cabin the gathering place for the Guard's officers. Eventually he became an officer too.
Later those organizational skills enabled him to help establish a secret area for holding rosaries in prison camp. Foy was awarded many medals and commendations for his service.
Foy didn't get back to Silver City for five years. He opened a law practice of his own and two years later became district attorney. Then he was on to the Legislature where he served in the House for 28 years.
During that period, Foy served as chairman of many committees and was instrumental in the passage of major legislation such as New Mexico's Equal Rights Amendment, the Uniform Probate Code and the veterans' property tax exemption. Foy also was active in many community and religious organizations.
I knew Tom and his wife Joan well during his 28 years in the legislature. We also were district governors of Lions Clubs International. And we were graduates of the same high school. When Tom graduated, it was called State Teachers College High School.
By the time I graduated, the college's name had changed to New Mexico Western College and the high school, which served all of Silver City and the surrounding area, was called Western High School. It now is Silver City High School.
Other graduates of that high school were U.S. Sens. Harrison Schmitt and Jeff Bingaman. Schmitt also was the last astronaut to set foot on the moon. Billy the Kid also attended that high school and is its most famous drop out. He was a good student but other matters led to his early departure.
Foy had a large and distinguished family. His son Jim has been a district attorney and daughter Celia is the chief judge of the state Court of Appeals. Judge Celia Foy Castillo's husband, Al Castillo, was a state representative from Raton and also was state auditor.

Monday, October 17, 2011

10-19 Redistricting always a cutthroat process

101911 cutthroat

SANTA FE – Redistricting of governmental bodies is the most cutthroat exercise in the world of politics. New Mexico is not unique. The process takes place in every state at all levels of government. At stake are the political fortunes of every elected official and political party.
Regardless of the pronouncements of Gov. Susana Martinez and Democratic legislative leaders that voters should be able to choose their representatives rather than representatives choosing their voters, everyone involved in the process is looking for maximum advantage.
So what is the fairest way to conduct the process? Over half the states are using an independent redistricting commission. I may have been hanging out on the wrong planet the past decade but I haven't heard any legislative discussion of such a commission in New Mexico.
The idea is great but New Mexico really hasn't lost much by not investigating the possibilities already. All states with an IRC are having their problems. Some started operations following the 2000 census or earlier. Here's a look at what has been happening.
Arizona and California have the most independent commissions. Both completely exclude elected officials from involvement in drawing district lines.
Arizona does allow the Republican and Democratic leaders of the House and Senate to select a commission member from a list presented by a group called the state Commission on Appellate Court Appointments. Those four appointees then select a chair from a list of independents.
Other state's have independent commissions of equal numbers of legislators from each party or a group of legislators that acts if the legislature fails to agree. And some commissions are merely advisory. Several of the most independent commissions are from Western states.
But in all cases, courts are the final arbitrator. And some group always can find a way to claim to be disadvantaged. In New Mexico, for instance, the state GOP complains that not enough districts are competitive. Since they are in the minority in the Legislature and in our congressional delegation, they need as many competitive districts as possible in order to have a shot at gaining a majority.
In Arizona, where Republicans dominate, the situation is reversed. The Arizona GOP contends that the independent commission has made too many districts competitive, thereby making it possible for Democrats to win more seats in the Legislature and in the Arizona congressional delegation.
Why are Arizona and California redistricting commissions the most independent? Both are states where voters can put items on the ballot for a public referendum.
The story is that when New Mexico was writing its constitution, Congress was worried about us "making laws in the street." So it wanted us to have a completely representative government, hoping our legislators would be more discerning than the general populace.
It is difficult to imagine the New Mexico Legislature ceding its redistricting power to the people. But it may be a little unusual that the Republican Party hasn't tried.
The history of redistricting movements in states without an initiative and referendum process suggests it is the minority party that makes the effort for independent redistricting commissions.
But why bother with independent commissions? Courts ultimately have the final say. So, if courts make the final decision, can't someone figure a legal way for them to make the initial decision?
In New Mexico judges have to run for their office in the next election after their initial appointment. That means they have to declare as a Republican or a Democrat. If a redistricting panel could be composed of an equal number of judges, or retired judges, from each party, what could be fairer than that?
The answer likely relates to the separation of powers. Everyone always has a right to appeal any governmental decision. So although the courts can have the final say, they can't be involved before that.

Wouldn't you know that lawyers could figure another way to make a buck?

Tuesday, October 11, 2011

10-12 Reforming the PRC again

101211 picking leaders

SANTA FE – How is the best way to pick our leaders? It is a problem every democracy wrestles with. In our country, we try it two different ways.
At the federal level, we elect a president and he chooses everyone else. If one of them messes up, the president is responsible so the appointee usually is gone quickly. The result is a team effort.

At the state level, voters choose a governor, secretary of state, attorney general, auditor, treasurer, land commissioner and five corporation commissioners. If one of them messes up, that person is responsible. The governor usually is not well acquainted with the individual. Few voters are acquainted with the individual either. They likely voted based on party line.
So the offending public official hires a lawyer and begins the lengthy process of defending himself or herself. Depending on the situation, taxpayers may be picking up the tab.
Over the years, New Mexico voters have decided they prefer the second method. In that way, the governor doesn't get too powerful and maybe some of those elected officials might be people they have heard of and they might even like their ideas.
The New Mexico constitutional convention in 1969 tried to switch to the appointive method but voters turned down the new constitution. So now the state spends big money trying to get errant politicians removed from office.
By my count, we have had commissioners from four of the five Public Regulation Commission districts mess up badly enough to either have to resign or come close to it. I haven't been able to find a commissioner from Albuquerque who has stepped in it very badly. Otherwise, we haven't been able to elect very good PRC commissioners often enough.
This isn't to say that allowing the governor to choose his or her top administrators is foolproof either. Several readers have worried that allowing Gov. Susana Martinez to pick new PRC members would negate the entire reason for a Public Regulation Commission by making it a deregulation commission. It would hand everything over to industries that require regulating, they say.
So how do we solve the problem? Make some commissioners elected and some appointed, has been suggested I'm not sure what good that would do but it is worth studying.
And what about qualifications? Some states require a degree in engineering, law, economics or accounting. Or an alternative would be five years of work experience in a field regulated to the PRC. But would that run the danger of people who would be disposed toward favoring that industry? Many worry
And then we have commissioners without any specialized education or experience asking who is to decide they aren't smart enough to learn what they need to know. Besides, experts can be hired to do the technical analysis. We don't need a commission of elites.
True. What we do need is a commission composed of members who know how to do their job and perform their duties legally and ethically. Evidence during the entire life of the PRC and of the elected State Corporation Commission before it tells us it isn't happening. The job, because of its high salary and great power, tends to attract career politicians who too often don't meet the standards required.
The Think New Mexico organization has produced a booklet on rethinking the PRC. Its primary suggestions are to strengthen qualifications of commissioners and to transfer most of the enormous load of responsibilities to state agencies under the governor. Both suggestions seem to be part of the solution. But I'm not sure it is the total package.
For years lawmakers and other New Mexicans have sought an answer. Many pieces of legislation have been introduced. One, in 1966, sponsored by Rep. Bob Perls became the PRC as a result of his boundless energy. It is time to try again.
I have just received word of former Rep. Tom Foy's death. When I return from my current travels, I will devote an entire column to him.
Good morning fromest week. Jay PHX. Babysitting with grandkids will trump tyhe next two columns for Friday and Monday. Wee you Wednesday n

10-12 Reforming the PRC again

101211 picking leaders

SANTA FE – How is the best way to pick our leaders? It is a problem every democracy wrestles with. In our country, we try it two different ways.
At the federal level, we elect a president and he chooses everyone else. If one of them messes up, the president is responsible so the appointee usually is gone quickly. The result is a team effort.

At the state level, voters choose a governor, secretary of state, attorney general, auditor, treasurer, land commissioner and five corporation commissioners. If one of them messes up, that person is responsible. The governor usually is not well acquainted with the individual. Few voters are acquainted with the individual either. They likely voted based on party line.
So the offending public official hires a lawyer and begins the lengthy process of defending himself or herself. Depending on the situation, taxpayers may be picking up the tab.
Over the years, New Mexico voters have decided they prefer the second method. In that way, the governor doesn't get too powerful and maybe some of those elected officials might be people they have heard of and they might even like their ideas.
The New Mexico constitutional convention in 1969 tried to switch to the appointive method but voters turned down the new constitution. So now the state spends big money trying to get errant politicians removed from office.
By my count, we have had commissioners from four of the five Public Regulation Commission districts mess up badly enough to either have to resign or come close to it. I haven't been able to find a commissioner from Albuquerque who has stepped in it very badly. Otherwise, we haven't been able to elect very good PRC commissioners often enough.
This isn't to say that allowing the governor to choose his or her top administrators is foolproof either. Several readers have worried that allowing Gov. Susana Martinez to pick new PRC members would negate the entire reason for a Public Regulation Commission by making it a deregulation commission. It would hand everything over to industries that require regulating, they say.
So how do we solve the problem? Make some commissioners elected and some appointed, has been suggested I'm not sure what good that would do but it is worth studying.
And what about qualifications? Some states require a degree in engineering, law, economics or accounting. Or an alternative would be five years of work experience in a field regulated to the PRC. But would that run the danger of people who would be disposed toward favoring that industry? Many worry
And then we have commissioners without any specialized education or experience asking who is to decide they aren't smart enough to learn what they need to know. Besides, experts can be hired to do the technical analysis. We don't need a commission of elites.
True. What we do need is a commission composed of members who know how to do their job and perform their duties legally and ethically. Evidence during the entire life of the PRC and of the elected State Corporation Commission before it tells us it isn't happening. The job, because of its high salary and great power, tends to attract career politicians who too often don't meet the standards required.
The Think New Mexico organization has produced a booklet on rethinking the PRC. Its primary suggestions are to strengthen qualifications of commissioners and to transfer most of the enormous load of responsibilities to state agencies under the governor. Both suggestions seem to be part of the solution. But I'm not sure it is the total package.
For years lawmakers and other New Mexicans have sought an answer. Many pieces of legislation have been introduced. One, in 1966, sponsored by Rep. Bob Perls became the PRC as a result of his boundless energy. It is time to try again.
I have just received word of former Rep. Tom Foy's death. When I return from my current travels, I will devote an entire column to him.
Good morning from Scottsdale. Babysitting the grand kids will override the next two c olumns -- for this next Friday and Monday See you Wednesday. Jay

Friday, October 07, 2011

10-10 update

101011 PRC apps

SANTA FE – We were surprised last week to see 17 applicants for the Public Regulation Commission seat vacated by Commissioner Jerome Block, Jr. Those applications were submitted on only two days' notice. And the notice wasn't particularly widely distributed. Those 17 had to be waiting to pounce.
Newspaper coverage of the 17 applicants mentioned that applications would be accepted for another three working days and that additional applications were expected.
But 70 more applications? That's a little mind blowing. Is it a commentary on our lousy job market? Or does it say something about a job that pays $90,000 a year with good benefits and no qualifications?
And it is low profile. Commissioners don't get much news coverage. Few voters know the PRC candidates so a person who already has political connections is at an advantage. And once on the commission, you get to hire your own staff.
Nearly all 87 applicants have held either an elective office, worked for a major political office holder, held a political party office or worked in a high ranking state government position. It may not be far off to say every unemployed politico in northern New Mexico is trying to get the job.
Gov. Susana Martinez has not given a date by which she will make the appointment. After all, she has 87 resumes to comb through although it seems highly likely she will be able to eliminate many very quickly.
It doesn't seem logical for a Democrat to even bother applying. Appointments such as this almost always go to a member of the governor's party. The four current members include two Democrats and two Republicans. So why would Martinez, a Republican, appoint a Democrat?
It should be noted, however, that the two republicans are former legislators and savvy politicians. Patrick Lyons, the commission chairman, was elected at the beginning of his first term despite being in the Republican minority.
Ben Hall, the other Republican and also new to the commission, could have been elected vice chairman to replace Block but he and Lyons agreed with Democrat Jason Marks that electing the other Democratic commissioner as vice chairman would be a good show of unity in the face of the turmoil the PRC currently is facing.
It seems very likely that Lyons and Hall told Block at the beginning of the year that if he voted for Lyons to be chairman of the commission, they would vote for him to be vice chairman.
We have talked recently about how Gov. Martinez's appointment of a replacement for Block may affect how people will feel about an appointive PRC, something I have been advocating.
My feelings have been influenced by watching the old appointive Public Regulation Commission, which functioned smoothly and professionally while the elective Corporation Commission had the same problems the PRC has had since its inception.
Since proposing an appointive commission composed of experts in the fields covered by the PRC, concerns have been expressed that these experts are likely to have vested interests because of having worked for industries they regulate.
An especial concern has been expressed about a regulation commission appointed by Martinez, a firm supporter of deregulation. It is a legitimate concern. The possibility of conflicts of interest is substantial. As we have said before, Gov. Martinez's selection to fill Block's position could influence whether she or any future governor might be allowed to appoint an entire commission.
The PRC was created 15 years ago for the same reasons further reform is being considered news. The latest good government features were added in, such as public financing and no contributions from lobbyists for industries regulated by the commission. Voters approved a constitutional amendment to make it happen. But it wasn't enough.
Eliminate paragraph toward the end re Block not resigning yet. This attachment correct.

Thursday, October 06, 2011

10-10 87 want PRC Job

101011 PRC apps

SANTA FE – We were surprised last week to see 17 applicants for the Public Regulation Commission seat vacated by Commissioner Jerome Block, Jr. Those applications were submitted on only two days' notice. And the notice wasn't particularly widely distributed. Those 17 had to be waiting to pounce.
Newspaper coverage of the 17 applicants mentioned that applications would be accepted for another three working days and that additional applications were expected.
But 70 more applications? That's a little mind blowing. Is it a commentary on our lousy job market? Or does it say something about a job that pays $90,000 a year with good benefits and no qualifications?
And it is low profile. Commissioners don't get much news coverage. Few voters know the PRC candidates so a person who already has political connections is at an advantage. And once on the commission, you get to hire your own staff.
Nearly all 87 applicants have held either an elective office, worked for a major political office holder, held a political party office or worked in a high ranking state government position. It may not be far off to say every unemployed politico in northern New Mexico is trying to get the job.
Gov. Susana Martinez has not given a date by which she will make the appointment. After all, she has 87 resumes to comb through although it seems highly likely she will be able to eliminate many very quickly.
It doesn't seem logical for a Democrat to even bother applying. Appointments such as this almost always go to a member of the governor's party. The four current members include two Democrats and two Republicans. So why would Martinez, a Republican, appoint a Democrat?
It should be noted, however, that the two republicans are former legislators and savvy politicians. Patrick Lyons, the commission chairman, was elected at the beginning of his first term despite being in the Republican minority.
Ben Hall, the other Republican and also new to the commission, could have been elected vice chairman to replace Block but he and Lyons agreed with Democrat Jason Marks that electing the other Democratic commissioner as vice chairman would be a good show of unity in the face of the turmoil the PRC currently is facing.
It seems very likely that Lyons and Hall told Block at the beginning of the year that if he voted for Lyons to be chairman of the commission, they would vote for him to be vice chairman.
Gov. Martinez is not under any great pressure to appoint a replacement for Block since he has yet to fulfill his plea agreement to resign.
We have talked recently about how Gov. Martinez's appointment of a replacement for Block may affect how people will feel about an appointive PRC, something I have been advocating.
My feelings have been influenced by watching the old appointive Public Regulation Commission, which functioned smoothly and professionally while the elective Corporation Commission had the same problems the PRC has had since its inception.
Since proposing an appointive commission composed of experts in the fields covered by the PRC, concerns have been expressed that these experts are likely to have vested interests because of having worked for industries they regulate.
An especial concern has been expressed about a regulation commission appointed by Martinez, a firm supporter of deregulation. It is a legitimate concern. The possibility of conflicts of interest is substantial. As we have said before, Gov. Martinez's selection to fill Block's position could influence whether she or any future governor might be allowed to appoint an entire commission.
The PRC was created 15 years ago for the same reasons further reform is being considered news. The latest good government features were added in, such as public financing and no contributions from lobbyists for industries regulated by the commission. Voters approved a constitutional amendment to make it happen. But it wasn't enough.

 
We're off to PHX for birthdays. I'll let you know if babysitting is going to interfere with any columns.

Wednesday, October 05, 2011

10-7 attachment

100711 This n' that

SANTA FE – Currently there is a lull in the redistricting battle as lawyers file challenges with the courts. Expect many lawyers and many suits because the state is obligated to pay their fees regardless of what they charge.
Courts will have to wait for Gov. Susana Martinez's action on redistricting bills before swinging into action. Then they will move as quickly as possible since candidates already can start circulating nominating petitions.
Now that Public Regulation Commissioner Jerome Block, Jr. has agreed to resign, the only major action remaining on that matter will be Gov. Martinez's appointment of a replacement. Applications for the position were closed two days ago.
So with those two big issues briefly lying dormant, we can talk about other matters of interest in New Mexico politics for a few days.
Where's Bill Richardson? The question is asked frequently now that the former governor is out of the headlines. Richardson hasn't been kicking back as much as he talked about before leaving office last Dec. 31.
He has kept a small staff and is bouncing around speaking and looking for gigs as a consultant. He recently landed a spot at the James A. Baker Institute, at Rice University, in Houston, Texas, as a fellow in Latin American affairs. Baker was a top advisor to President George W. Bush and headed the legal team that halted the recount of Florida votes in 2000.
It may not have been intentional but before Richardson was governor, he was associated with the Kissinger firm in Washington; D. C. Kissinger was a top hand at the White House in the Nixon administration. That is bipartisanship for you.
Former New Mexico Gov. Gary Johnson is having a heck of a time getting his presidential campaign noticed. Fox News has given him some air time and invited him to the Florida debate. Johnson was mainly ignored by the moderator in that debate. His speaking skills and debate skills are not exciting but he vows to keep going.
It still is unclear whether Johnson will be invited to any more debates. It is likely the national GOP hierarchy would prefer not to have him around because they find some of his libertarian views embarrassing. He wants us to get out of all our wars – Iraq, Afghanistan, drugs – and is close to the position of Texas governors on immigration.
What is it about New Mexico governors who can win by big margins in the state but can't capture the imagination of voters elsewhere? Is it because they still have trouble remembering New Mexico is a state? Is it because the word "Mexico" in our name makes us seem too foreign?
Probably not. President Obama overcame both those factors. Evidently we just haven't found anyone who is quite ready for prime time yet. Four years ago, Americans seemed to forget that governors tend to make better presidents. They have had experience turning dreams into reality and they have a feel for guiding us through crises.
The way candidates keep flaming out of the GOP presidential race, Johnson's endurance and perseverance could leave him as the last candidate standing.
We haven't said much about the 1st Congressional District race in the Albuquerque area to fill the spot left by Rep. Martin Heinrich who is moving up to run for the Senate seat being vacated the retiring Jeff Bingaman.
On the Democratic side are state Sen. Eric Griego, who got in the race early and is capturing the liberal vote, former Albuquerque Mayor Martin Chavez, who should attract the more conservative vote and County Commissioner Michelle Lujan Grisham, who is in the middle. Lujan Grisham hasn't picked up much of a base yet but could end up being a factor.
On the GOP side, are conservative City Councilor Dan Lewis and moderate former state Rep. Janice Arnold-Jones. Jon Barela, who carried the flag for Republicans four years ago, may stay in his state Economic Development Department post.

10-7 Catching up on the rest of the news

Monday, October 03, 2011

10-05 further explanation

It is confusing how this new computer shows explanatory notes. They show up as part of the text of the column. Please eliminate then at end of the column.

10-05 correction

100511 PRC reform

SANTA FE – The latest Public Regulation Commission scandal should be enough to convince all concerned that something must be done. There is no need to recount the litany of Jerome Block, Jr.'s misdeeds or of those commissioners before him. You are likely as sick of them as I am.
The question is where do we go from here? It has become so bad that even PRC commissioners, Republican and Democrat, are willing to talk about changes. Legislators included the PRC in their discussion of government restructure last year but the PRC wasn't particularly interested.
But this year, after two commissioners have had to resign due to felony pleas, commission members know they are on the spot. One of the possibilities being discussed is transfer of some of the PRC's many duties to other state agencies.
The PRC is a constitutional body so any change will require a constitutional amendment. New Mexico voters aren't too keen about constitutional changes but after years of problems, voters may be willing to shake things up.
It has been just 12 years since we last approved a big shake up. That one combined the much-troubled elected Corporation Commission with the appointive Public Utilities Commission, thereby combining regulation of all utilities, along with other extraneous responsibilities. Those include insurance, trucking, telecommunications, corporations, pipeline safety, towing, ambulances, limousines, taxis and the state fire marshal's office.
That's quite a conglomeration of powers. In fact, New Mexico's PRC is one of the most powerful bodies of its type in the nation. It is governed by five commissioners who are not required to have any expertise in any of the areas being regulated.
A previous column talked about how many commissioners have been former legislators or other public officials. It also is a good launching pad for sons of high public officials. That, of course, includes Jerome Block, Jr. whose father preceded him on the commission. Their terms were separated by Ben Ray Lujan, son of House Speaker Ben Lujan.
Talk also is being heard about making the commission appointive or partially appointive. There is no telling how partially appointive would work. A totally appointive commission is desperately needed. We don't need politicos with scant background regulating these important industries.
One solution suggested by PRC Chairman Pat Lyons is to require a college degree or maybe an advanced degree in order to run for the commission. It is not a bad idea.
Today is the final day for applications to be appointed to Block's seat on the PRC. As of Friday, 17 applications had been received with more sure to come. The applicants are promising. Seven of the first 17 are politicos but seven also are engineers along with a lawyer and an accountant. Three have doctorates. Several also have experience in areas related to the PRC.
Gov. Susana Martinez promises to be thorough and deliberate in finding the best person to represent Block's constituents. It is highly likely she also will be looking for a well-qualified Republican who might have a chance of winning the seat in 2012.
But some of the politicos also are Republicans with good qualifications. The quality of Gov. Martinez's appointment might have some bearing on whether lawmakers and voters decide to relocate the commission under the governor.
This past weekend, Think New Mexico, a Santa Fe-based think tank, announced it has PRC recommendations to those mentioned above. I haven't seen its report yet but the group does high-quality work and is effective in getting its recommendations adopted.
It appears Think New Mexico wants to keep the commission elective. That is better in terms of accountability but it doesn't address the problem that voters just don't get adequate information about the candidates.
Too often they vote simply based on political party. Block was elected even after information surfaced about campaign finance irregularities.
I got appointive and elective mixed in penultimate graph. This attachmentis correct.

Sunday, October 02, 2011

10-5 Public Regulation Commission changes in the wind

100511 PRC reform

SANTA FE – The latest Public Regulation Commission scandal should be enough to convince all concerned that something must be done. There is no need to recount the litany of Jerome Block, Jr.'s misdeeds or of those commissioners before him. You are likely as sick of them as I am.
The question is where do we go from here? It has become so bad that even PRC commissioners, Republican and Democrat, are willing to talk about changes. Legislators included the PRC in their discussion of government restructure last year but the PRC wasn't particularly interested.
But this year, after two commissioners have had to resign due to felony pleas, commission members know they are on the spot. One of the possibilities being discussed is transfer of some of the PRC's many duties to other state agencies.
The PRC is a constitutional body so any change will require a constitutional amendment. New Mexico voters aren't too keen about constitutional changes but after years of problems, voters may be willing to shake things up.
It has been just 12 years since we last approved a big shake up. That one combined the much-troubled elected Corporation Commission with the appointive Public Utilities Commission, thereby combining regulation of all utilities, along with other extraneous responsibilities. Those include insurance, trucking, telecommunications, corporations, pipeline safety, towing, ambulances, limousines, taxis and the state fire marshal's office.
That's quite a conglomeration of powers. In fact, New Mexico's PRC is one of the most powerful bodies of its type in the nation. It is governed by five commissioners who are not required to have any expertise in any of the areas being regulated.
A previous column talked about how many commissioners have been former legislators or other public officials. It also is a good launching pad for sons of high public officials. That, of course, includes Jerome Block, Jr. whose father preceded him on the commission. Their terms were separated by Ben Ray Lujan, son of House Speaker Ben Lujan.
Talk also is being heard about making the commission appointive or partially appointive. There is no telling how partially appointive would work. A totally appointive commission is desperately needed. We don't need politicos with scant background regulating these important industries.
One solution suggested by PRC Chairman Pat Lyons is to require a college degree or maybe an advanced degree in order to run for the commission. It is not a bad idea.
Today is the final day for applications to be appointed to Block's seat on the PRC. As of Friday, 17 applications had been received with more sure to come. The applicants are promising. Seven of the first 17 are politicos but seven also are engineers along with a lawyer and an accountant. Three have doctorates. Several also have experience in areas related to the PRC.
Gov. Susana Martinez promises to be thorough and deliberate in finding the best person to represent Block's constituents. It is highly likely she also will be looking for a well-qualified Republican who might have a chance of winning the seat in 2012.
But some of the politicos also are Republicans with good qualifications. The quality of Gov. Martinez's appointment might have some bearing on whether lawmakers and voters decide to relocate the commission under the governor.
This past weekend, Think New Mexico, a Santa Fe-based think tank, announced it has PRC recommendations to those mentioned above. I haven't seen its report yet but the group does high-quality work and is effective in getting its recommendations adopted.
It appears Think New Mexico wants to keep the commission appointive. That is better in terms of accountability but it doesn't address the problem that voters just don't get adequate information about the candidates.
Too often they vote simply based on political party. Block was elected even after information surfaced about campaign finance irregularities.