NMPolitics.net has moved

Posted 8/22/2009 05:27:00 PM

As of today, this Web site is no longer the home of Heath Haussamen on New Mexico Politics, which I now more commonly call NMPolitics.net. The site has moved to http://nmpolitics.net.

Click through to the new NMPolitics.net and you’ll find a completely redesigned and upgraded site that I hope you’ll find more user-friendly than this site was. As always, you can e-mail your thoughts or questions to me at heath@haussamen.com.

This site will continue to remain online for archive purposes as long as Blogger, the host, permits, but the archives have also been transferred to the new site.

- Heath Haussamen

Defendant once carried out firing of AG prosecutor

Posted 8/21/2009 03:41:00 PM

Attorneys for the defendants are set to argue that AG King’s office has a conflict and should be removed from the case

One of two assistant attorney generals prosecuting the case against former Secretary of State Rebecca Vigil-Giron and three others was once fired by one of the defendants in the case, former AG employee Elizabeth Kupfer.

The fact that a prosecutor on the case is charged with trying to secure a conviction against a woman who carried out his firing is one of the main points defense attorneys plan to cite in arguing that current AG Gary King’s office has no business prosecuting the case.

Kupfer’s attorney, Hank Farrah, confirmed in an interview that Kupfer carried out the firing of Assistant Attorney General Chris Lackmann sometime during the administration of former AG Patricia Madrid, who ordered the firing. Farrah would not reveal other details.

During Madrid’s administration -- and the time of the alleged crimes -- Kupfer was the administrative services director in the AG’s office.

Lackmann was rehired sometime after King took office in 2007, and is now assigned to prosecute the case along with Assistant Attorney General Ann Badway.

Vigil-Giron, Kupfer and the others under indictment -- lobbyist Joseph Kupfer, who is Elizabeth’s husband, and media consultant Armando Gutierrez -- each face 50 counts including money laundering, fraud, soliciting or receiving kickbacks and tax evasion. They’re accused of bilking taxpayers out of millions of dollars between 2004 and 2006 by falsifying invoices to the secretary of state’s office.

“My client used to work at the AG’s office and she knows the people involved,” Farrah said when asked to explain why he believes the AG’s office has a conflict. Later, after being asked, he confirmed that Elizabeth Kupfer carried out the firing of Lackmann.

If King’s office is taken off the case, it would likely be taken over by a district attorney’s office.

Defense attorney says AG has ‘numerous conflicts’

Miles Hanisee, Gutierrez’s attorney, said the AG’s office has numerous conflicts that should prevent it from prosecuting the case. Gutierrez, he said, once had a contract with the AG’s office and “worked closely with persons employed at high levels in the AG’s office.” Hanisee also said the contract between the secretary of state’s office and Gutierrez that’s at the center of the AG’s criminal case was “approved by the AG’s office” and “used a template form that is repeatedly used in the AG’s office.”

Those are some of “the number of pervasive conflicts that impair the attorney general’s ability to make prosecuting decisions and, even more troubling, impair our ability to call witnesses to give unbiased testimony, because those witnesses now answer to Attorney General King,” Hanisee said.

Phil Sisneros, the AG’s spokesman, said he could not comment.

“In order to ensure a fair hearing on all of the evidence, we have to remain sure that anything we say won’t prejudice the case in any way, and therefore we prefer to do all of our talking at trial,” Sisneros said.

Madrid could not immediately be reached for comment.

The strategic health-care reform not being debated

Posted 8/21/2009 03:01:00 PM

© 2009 by Michael Swickard, Ph.D.

Most Americans in these town-hall meetings are, metaphorically, just waxing deck chairs on the Titanic. They argue health-care tactics while ignoring the profound change in health-care strategy. The unexamined and unchallenged change is from a philosophy of social contract to one of social justice.

When I was born in 1950, health care was predicated on a long-standing social contract we citizens had with our government in which the government’s role was to enhance our lives in both longevity and quality. Government-sponsored medical advances were greeted enthusiastically by Americans.

My cardiologist started in the early 1970s when it was uncommon for heart patients to live robustly past 70. With the advent of new procedures and drugs, patients now live actively past 80. Likewise, there were worldwide celebrations when Polio was defeated and then Smallpox, Measles and Rubella.

Many people are alive today because of that social contract with our government. This increase in longevity, a source of pride, is now at the core of our reform debate.

The social contract also had researchers working on eradicating cancer and heart disease; however, the prospect of the changing health-care strategy brings that into this question: Should society be curing cancer and heart disease, since that results in people living longer? This extends the society’s obligations to these survivors for medical treatments and Social Security. That is the reform strategy not being debated.

Instead, there are long-winded debates about the minutia of what is on page 420 of a bill that has multiple versions. Americans are standing on a whale fishing for minnows.

A radical change in philosophy

The health care reform is not about saving money for consumers of health care, and it is not about whether citizens use the private option or non-profit co-ops. Rather, it is the supposition that the government should change how it uses health-care resources based upon a radical change of philosophy similar to the progressive health-care changes in Europe and Canada.

The new philosophy is social justice which, operationally, never takes from the young to give to the old. Under a social-contract philosophy, our government provides resources so citizens live longer and better. Social-justice philosophy says to oldsters, “You have lived long enough; we cannot expend resources on you that could go to the young.”

Other countries have made that change. It is the core of health-care decisions in England. Their health-care motto is: In with the young, out with the old. It is like some strange New Year’s Eve party where the elderly are shuffled off to the cemetery for the good of the country.

If America adopts a social justice philosophy, that changes who gets government-controlled health care resources. Countries making this switch experience unreasonable delays or outright prohibition of resources for people considered too old or of not enough use to the society as a whole.

Social justice says the collective good of the society trumps individual benefits. As a cancer survivor I regularly see the effect of my having had cancer on the current health-care system that endeavors to hold me at arm’s length. But I see even worse outcomes if our country adopts the new social-justice yardstick, which will reason that keeping me alive is good money after bad, since I could re-acquire cancer at any time, thereby wasting money that might go to the young.

So it will be out to the trash heap for me.

Missing the strategic change

Further, the new social-justice government will view my survival of cancer differently from the government of social contract. Surviving my bout with cancer required quick action on a five-hour operation and follow-up radiation. The government that sponsored the research leading to procedures that were successful in my survival was happy. However, a social-justice society would not be happy and would say, “Shuckins, if he had died we would not owe him any Social Security. Hope he dies before we have to pay him anything, despite his 40 years of paying into Social Security.”

The town-hall debaters do not see the beast in belly. They think this a political rather than ethical issue that is a battle over which political party wins. Like the rest of our country, they will be quite surprised by the extent of the governmental betrayal.

With no scrutiny by the media or citizen debate, the congressional leadership and President Obama are set to install this new philosophy of social justice, which will remake us into a New Order Progressive Nation. They are enabled when citizens and the media miss the strategic change and only debate tactics.

We need not debate private options if our government no longer supports longevity and quality of life for older Americans. Those details do not matter in the least if our leaders, using social-justice reasoning, betray and then discard older citizens.

Swickard is a weekly columnist for this site. You can reach him at michael@swickard.com.

Former GOP staffer complains about ideologues

Posted 8/21/2009 12:20:00 PM

Sergio Garcia also says state party leaders didn’t understand how to reach Hispanics; Yates disputes Garcia’s claims

This article has been updated.

Sergio Garcia, who quit his job as deputy executive director of the state Republican Party earlier this week, says his abrupt resignation came largely because of widely differing views about where the GOP should be headed.

In an interview, he said he was frustrated with ideologues running the party.

“I am not an ideologue. I never wanted to be one. I have always been one who thought it’s about winning elections,” Garcia said.

Garcia also cited as a frustration a lack of understanding among party leaders about how to reach Hispanics, which he said is critical to making the GOP relevant in New Mexico.

“What bothers me is that most of our party leadership at a state level does not understand what Hispanic outreach means... It does not mean pandering to Hispanics. It does not mean trying to buy their votes,” He said. “It’s about messaging to Hispanics. It’s about trying to bring Hispanics home because this is where Hispanics started, in the Republican Party.”

“They didn’t get it,” he said, adding that the resulting disconnect created a climate of suspicion about him.

Garcia resigned abruptly earlier this week in a strongly worded letter to Party Chairman Harvey Yates.

“In the last three months, I have seen the destructive forces that have plagued the Republican Party of New Mexico for years. In particular, I heard the use of fallacious arguments regarding ‘trust’, ‘confidence’ and ‘loyalty’ used upon me as if I were unable to understand these concepts,” he wrote.

“The Republican Party of New Mexico supposedly hired me as a symbol of a new day for a Party that has been plagued with deep divisions that led to historic political loses on 2008,” he wrote. “I was looking forward to re-building a stronger, broader Party but due to unforeseen circumstances, this will not be the case.”

GOP spokeswoman: Garcia didn’t voice concerns

In an e-mail, state GOP spokeswoman Janel Causey said, “Unfortunately, the position didn’t work out… a fact realized (Tuesday) night when the current executive director happened to stop by the party office --only to find Sergio with a packed U-haul dropping off keys and a letter of resignation.”

“We regret that Sergio did not feel comfortable expressing his concerns to the chairman directly before leaving so abruptly. We wish him the best in his future endeavors,” she said.

Garcia had been with the party for three months. Before that, he worked in Nicaragua as the country director for the International Republican Institute. He was a volunteer with the Bush/Cheney campaign in 2000 and 2004.

In a July news release announcing Garcia’s hiring, Yates said his “extensive political experience will prove invaluable as we head into the 2010 election cycle,” and noted Garcia’s “deep commitment to working within the Hispanic community.”

Asked what’s next for him, Garcia said he’s going to enjoy his family, “and we’ll see,” adding that he has lots of opportunities.

Update, 1:25 p.m.

In an interview, Yates said Garcia never expressed concern about ideologues and said that explanation of Garcia’s departure, in his view, is “simply smoke covering (Garcia’s) failure to do his job.”

Garcia’s job, Yates said, was to raise money, “and he maybe raised $500.”

“That may be the climate,” Yates said, referring to the economic situation, “It may be him. I don’t know but, in any case, he didn’t get it done.”

Yates said there were other problems with Garcia, including “a lack of work ethic… He was the first guy out the door every day” and that Garcia was “rather naïve” and “in need of training politically.”

As to Garcia’s claim that party leaders didn’t understand how to reach Hispanics, Yates said there were very few conversations about that involving Garcia because it wasn’t the initial focus of his job. Garcia was supposed to be getting to know the 3rd Congressional District and raising money there, Yates said.

He also said Garcia presented, about two weeks ago, “a rather poorly drafted and rather naïve Hispanic outreach proposal.” Yates said that Garcia’s statement that the party needs to work to “bring Hispanics home because this is where Hispanics started” is “is almost exactly out of a speech I was making.”

Yates said that’s nearly the same thing he recently said on KKOB-AM radio. He also said he has told Garcia in the past that, early in New Mexico’s history, the majority of Hispanics in the state were registered Republicans.

As to Garcia’s claim of a climate of suspicion, Yates said, “Surely if there is a climate of suspicion in an office, a rational person would go to the boss and talk to him, and he did not do that.”

Update, 4:45 p.m.

Garcia provided a copy of his Hispanic outreach proposal.

Reagan’s great Medicare blunder

Posted 8/21/2009 10:00:00 AM

By Carter Bundy

No matter how many ads from corrupt health care executives like Rick Scott (that’s not name-calling: He was the CEO of a company that just settled a $1.7 billion fraud suit) and the Republican Party you see, market forces aren’t going to reduce prices or add more choice in health care.

Why? Because the normal assumptions about markets and the principles that drive market capitalism to success simply don’t apply to health care.

Knowing that market forces don’t provide any realistic solution to our myriad health system flaws, the GOP has succeeded in turning the debate into whether government should be involved in health care. Of course, the little secret they and their tea party friends don’t like to admit is that it already is: It’s called Medicare.

The Medicare example

A lot of people think we’re in unchartered water. We’re not. There was a similar debate about 50 years ago when the closest analogy to public option in America -- Medicare -- was passed.

One of the craziest ironies of the entire health care debate is hearing from conservative seniors who say, all in one sentence: “Get the government out of health care, and don’t touch my Medicare!” Ummm…would you care to clarify?

If any of y’all reading this are over 65, or you have parents or grandparents who use Medicare, ask if it’s been a success. With a few exceptions, people wouldn’t trade Medicare for anything.

My dad, who is an independent but often has leaned towards more conservative candidates for a number of reasons, recently had prostate cancer. Fortunately he’s doing well now, thanks to surgery and treatment under Medicare. He’d had what he thought was good private insurance for most of his life, and continues to have private insurance.

Last Thanksgiving, we were out walking before dinner. He was gushing about how well Medicare worked when the chips were down. At one point, he asked “has anyone ever considered Medicare for everybody?”

Yes, yes they have. In fact, Medicare for all, or some kind of single payer system, is exactly what many Americans have wanted for decades.

But public option isn’t nearly as big a proposal as Medicare was. It’s still just one totally voluntary option -- no one is making private insurance go anywhere. It won’t cover everyone, or even a majority of people in any age group.

Public option won’t be funded with mandatory, dedicated taxes like Medicare. In other words, public option is a more conservative, watered-down version of Medicare.

Democrats have already compromised by only pushing for this weaker, tamer version of Medicare. They’ve agreed to let people have a choice between private and public insurance, which seems pretty generous given the track record of private insurance. But that hasn’t bought them a bit of Republican love.

Now it’s partisan

The Democratic reform plans that have already passed committees in the House and Senate are, for most Dems, watered down versions of what they’d prefer. If Democrats water it down further by eliminating a public option -- it’s just a choice for criminy’s sake! -- they are going to virtually guarantee apathy and defections in the 2010 (and maybe 2012) elections.

Bailing on real health care reform is the surest way to lock down another 1994 revolution for the GOP. Don’t think Republican strategists don’t know that.

Senator Bingaman and others have gamely tried to reach bipartisan consensus on health care, and Senator Bingaman deserves praise for trying to strike a deal. But just a few minutes watching CNN shows that the national GOP is running ads against any health reform.

When you can pass something on a bipartisan basis, terrific. But when the other party is constantly stabbing you in the back?

At this point, why are you even in the room with them? How can Republicans like Senator Chuck Grassley of Iowa look Senator Bingaman in the eye and say they truly want reform when Grassley personally bashes reform back home and spreads the bizarre Palin lies about “pulling the plug on grandma?”

Reagan whiffs, history repeats

If there’s one unifying voice for Republicans today, it’s the ghost of Ronald Reagan. Palin quoted Reagan’s famous admonition against “socialism” on the stump last fall.

What she didn’t mention is that Reagan’s rant was in a 1961 American Medical Association ad against, of all things, Medicare. Here’s what he said:

“Write those letters now. Call your friends, and tell them to write them. If you don’t, this program I promise you will pass just as surely as the sun will come up tomorrow. And behind it will come other federal programs that will invade every area of freedom as we have known it in this country, until, one day… we will awake to find that we have socialism. And if you don’t do this, and if I don’t do it, one of these days, you and I are going to spend our sunset years telling our children, and our children’s children, what it once was like in America when men were free.”

No matter how much you may like Reagan, he whiffed on this one. There are a heck of a lot of freedom-loving, anti-socialist seniors who dig Medicare. It’s amazing how the Palin wing of the GOP is fighting on the wrong side of history again using virtually identical scare tactics to prop up a lucrative, but sick, system.

The only question is whether Democratic elected officials of 2009 will have the same backbone, compassion, courage, and vision that the Democrats of the 1960s had.

I’m betting history repeats itself and Dems get their act together to pass once-in-a-generation, real, important change. I’ll double down that even tea partiers praise the Dems’ work 50 years from now.

Bundy is the political and legislative director for AFSCME in New Mexico. The opinions in his column are personal and do not necessarily reflect any official AFSCME position. You can learn more about him by clicking here. Contact him at carterbundy@yahoo.com.

Indictments add to scandal plaguing NM Democrats

Posted 8/21/2009 06:00:00 AM

Some Republicans are hitting Dems hard over the charges against Vigil-Giron and others, but at least one potential GOP guv candidate says corruption isn’t a partisan issue

With the 2010 election cycle already in full swing, some Republicans are hitting Democrats hard over this week’s news that a former Democratic secretary of state and others were indicted in another massive corruption scandal.

“The pattern of corrupt behavior and inept management exhibited by prominent Democrat public servants, while becoming routine, has got to stop,” state GOP Chairman Harvey Yates said in a news release. “I congratulate the attorney general for joining the fight against corruption; it is not easy to take on one’s own party.”

The AG is Gary King, a Democrat.

Potential Republican gubernatorial candidate Allen Weh had equally strong words for the Democratic Party’s leaders.

“(Gov.) Bill Richardson and (Lt. Gov.) Diane Denish chose to turn their heads in the face of corruption,” Weh said in a statement released by his campaign. “When I’m governor, I will not turn my head; I will take on corruption head on. People can take that to the bank.”

Former Secretary of State Rebecca Vigil-Giron, a Democrat, and others indicted by the attorney general -- lobbyists Joseph Kupfer and Elizabeth Kupfer and contractor Armando Gutierrez -- each face 50 counts including money laundering, fraud, soliciting or receiving kickbacks and tax evasion. They’re accused of bilking taxpayers out of millions of dollars between 2004 and 2006 by falsifying invoices to the secretary of state’s office.

The scandal involving the secretary of state’s office is the latest in a long line of corruption cases that been brought forth by prosecutors in the last four years. Many have involved the theft of millions of dollars in taxpayer money. Most have involved high-ranking Democrats, including the two previous state treasurers, the former Senate president, the former deputy insurance superintendent, a current and a former member of the Public Regulation Commission, and a former lawmaker who found himself in trouble while running a state affordable housing program.

While some of those cases are pending, others have led to felony convictions, steep fines and prison sentences.

Adding fuel to the fire

But how will the corruption scandals affect the 2010 election? Republicans were not able to capitalize on the scandal in the treasurer’s office during the 2006 election. They gained no ground in state government, which has been largely controlled by Democrats for decades.

And in 2008, the GOP actually lost ground in the state Legislature -- and lost every seat it held in the state’s congressional delegation.

In an interview, Yates said corruption hasn’t been one of the top issues for voters in recent election cycles, but new polling done by Republicans suggests that is changing. The top three issues cited in a recent poll, listed in order of importance voters placed on them, were the economy, education and public corruption, he said.

Focusing on corruption has already been the GOP’s line of attack to this point in the 2010 election cycle. This week’s indictments only add fuel to that fire.

Susana Martinez, another GOP gubernatorial candidate and Doña Ana County’s district attorney, said the indictments are “a sad reminder that for too long public officials in New Mexico have used elected office to serve themselves as opposed to serving the public who entrusted them to lead our state.”

“As we move forward in examining the records of candidates seeking our state’s highest-elected office, it is critically important voters match rhetoric with action, and support someone who has a track record of identifying fraud and corruption and rooting it out,” she said in a news release.

Corruption is ‘not a partisan issue’

The state Democratic Party’s vice chair, Annadelle Sanchez, declined to talk about the potential political fallout from the corruption scandals, but released this statement:

“The people of New Mexico deserve a government that is open, honest and transparent. Good government is not a partisan issue, so instead of pointing fingers, Democrats and Republicans should work together to bring about the type of reform our system needs. I’m proud of Democrats like Diane Denish and (state Auditor) Hector Balderas that are leading that fight.”

Richardson has not released a statement about the indictments. Denish on Wednesday renewed calls for ethics reform, but her office said the Democrats’ likely 2010 gubernatorial nominee was not available for comment Thursday on the political aspect of the indictments.

Doug Turner, another likely Republican gubernatorial candidate, said he doesn’t see corruption “as a Republican or Democrat issue.”

“I think Republicans are certainly not without mud on them over the years, but the fact that you have these kinds of activities that are coming to light… ought to tell people that they really need to pay attention to the folks they put in office,” he said.

“No one wants a corrupt government except those people who are in government and are corrupt,” he said. “… I hope the beneficiaries (of corruption being brought to light) are all voters of the state, who really pay attention in the next cycle to the candidates who are running and vote for the individual that they think is best suited to lead a clean state government.”

Vigil-Giron isn't being placed on administrative leave

Posted 8/20/2009 04:13:00 PM

Former Secretary of State Rebecca Vigil-Giron isn’t currently being placed on administrative leave from her position with the state Department of Workforce Solutions despite the fact that she was indicted on 50 felony counts related to public corruption on Wednesday.

Deputy Secretary Ken Ortiz stated in a news release that while “the allegations contained in the indictments are serious, they concern actions that are unrelated to (Vigil-Giron’s) work with the department.”

Vigil-Giron is a constituent liaison for the department’s labor and industrial division.

She and others indicted -- lobbyists Joseph Kupfer and Elizabeth Kupfer and contractor Armando Gutierrez -- each face 50 counts including money laundering, fraud, soliciting or receiving kickbacks and tax evasion. They’re accused of bilking taxpayers out of millions of dollars between 2004 and 2006 by falsifying invoices to the secretary of state’s office.

The release from Ortiz’s office states that the department will have no further comment on Vigil-Giron’s indictment “until it has had an opportunity to review the matter.”

“Until that time, Ms. Vigil-Giron is expected to continue to fulfill her work duties,” the release states.

Vigil-Giron, other defendants co-hosted event for guv

Posted 8/20/2009 03:05:00 PM

Here’s an interesting little side note related to Wednesday’s indictments of former Secretary of State Rebecca Vigil-Giron and others.

Vigil-Giron and the others indicted -- lobbyists Joseph Kupfer and Elizabeth Kupfer and contractor Armando Gutierrez -- co-hosted a fundraiser for Gov. Bill Richardson’s re-election campaign in 2006.

Three years ago, Democracy for New Mexico published an announcement about the Sept. 19, 2006 “Wine Tasting Reception and Fundraiser” in honor of Richardson. The announcement states that the event was hosted by “Rebecca Vigil-Giron and Armando and Dora Gutierrez, Joe and Daisy Kupfer and Patricia L. Chavez and Ray and Deb Baray.”

Daisy is Elizabeth Kupfer’s nickname, and Joseph Kupfer is her husband. Ray Baray worked for Vigil-Giron in the secretary of state’s office.

Vigil-Giron and the other defendants each face 50 counts including money laundering, fraud, soliciting or receiving kickbacks and tax evasion. They’re accused of bilking taxpayers out of millions of dollars between 2004 and 2006 by falsifying invoices to the secretary of state’s office.

The fundraiser could indicate a close relationship between the defendants. Perhaps that’s not surprising, but I thought it was noteworthy.

Teague says health-care bill still needs work

Posted 8/20/2009 11:00:00 AM

At Las Cruces town hall, congressman expresses concern about bill’s vague wording, pledges to participate in any plan that’s approved

Harvey Baldwin asked nearly every person who walked into U.S. Rep. Harry Teague’s town hall meeting in Las Cruces on Thursday whether he could give them a pocket copy of the Declaration of Independence and Constitution.

“I want to educate the people about what our country is founded on and what our politicians are doing against us,” he said. “They’re destroying our country with this debt they’re creating.”

Many accepted the booklets Baldwin was handing out on behalf of the group Las Cruces TEA (Taxed Enough Already!) Party. Some engaged him in civil discussion of health care and other issues.

The town hall itself was similarly civil, and proved to be a good opportunity for constituents of the Democrat, who represents the 2nd Congressional District, to learn where Teague stands on the health-care reform proposal being debated by Congress.

“I have some concerns about it myself,” Teague said about the bill. “… I’m not trying to sell you the bill and I’m not trying to kill the bill. I’m trying to learn from you about your concerns.”

Those in attendance at the meeting at the county’s government center were engaged. Applause was frequent and loud. While there was a bit of rowdiness, it didn’t get out of hand.

Teague did a lot of listening as dozens of people -- some opposed to the reform bill Democrats are proposing and some in favor of it -- shared their opinions. Proponents talked about the need for reforms to fix a broken system. Opponents’ concerns included unrestrained spending, losing control over their own health care and the lack of discussion of tort reform.

‘I don’t think there should be any sacred cows’

Teague was specifically asked if he would pledge to fight to have reform that limits liability lawsuits against doctors included in any bill that is approved. Teague said he told House leaders he wants them to consider tort reform, but he won’t promise to support that or any other provision at this point.

“I think that health care is the most important thing to face our country. I don’t think there should be any sacred cows, and that should include tort reform,” he said.

Teague was asked if a reform bill should require members of Congress and government workers to participate in any government-run system that is created.

“Any program that I vote for, that’s where I’ll get my insurance,” he pledged.

The congressman also expressed concern about provisions in the bill he said are vague. He said such poor wording makes intentions behind some provisions unclear and opens the door for fear and misinformation to spread.

Because of that, Teague said he was among a group of House members who asked leadership in July to delay a vote on the proposal until after the current August recess ends.

One of the provisions that is vague, Teague said, has led some to believe Congress intends to ration health care in America and force everyone to participate in a government plan.

“I do want everyone to have a personal choice,” he said. “We’re not trying to ration anything, but, again, there’s some vagueness in the bill. … That’s one of the places where we’re going to have to clear things up.”

‘Proud to be an American’

Several people who spoke complained to Teague about government programs that have been recently approved or are being discussed -- including bailouts, cap-and-trade legislation and health-care reform. Following most questions, Teague told people he thought their concerns were valid.

One woman who raised concerns, Geneva Mitchell of Las Cruces, thanked Teague for hearing the concerns of her and others.

“I appreciate you having this meeting,” she said. “I think it’s great that we can stand up and tell you how we feel.”

At the conclusion of the meeting, Teague thanked those in attendance for their civility.

“It’s meetings like this that make me proud to be an American,” he said.

New corruption indictments bolster calls for reform

Posted 8/19/2009 10:59:00 PM

As AG alleges scheme involving former secretary of state to bilk taxpayers out of millions of dollars, officials share ideas to combat such abuses

The indictments of former Secretary of State Rebecca Vigil-Giron and others are a reminder of the need for reforms that might help prevent or deter public corruption in the future.

Officials point to reforms such as the creation of an independent ethics commission, more funding for the state auditor and attorney general and regulatory changes.

Vigil-Giron, lobbyists Joseph Kupfer and Elizabeth Kupfer and contractor Armando Gutierrez are accused of bilking taxpayers out of millions of dollars between 2004 and 2006 by falsifying invoices to the secretary of state’s office. State Auditor Hector Balderas said it’s one of several cases in recent years that expose the state’s weak oversight and lack of fraud-detection systems.

“I think we’ve been in a fiscal accountability crisis for many years. The recent indictments and the recent high-profile audits have only exposed a small proportion of a much greater problem,” Balderas said in an interview, citing a recent study that found a significant percentage of any budget is susceptible to fraud.

Among the reforms Balderas is calling for are more stringent audits on lucrative state contracts -- and more staff in his office to conduct them.

He cited several recent cases as examples of a widespread problem:

• Last week a special audit uncovered a $3.3 million embezzlement in the Jemez Mountain School District. The audit says the district’s former business manager, Kathy Borrego, took the money. A criminal investigation is pending.

• Four men are currently under indictment in the housing authority scandal, a case centered on the widespread misuse of $5 million in state-owned bonds on which the Region III Housing Authority defaulted in 2006.

• Former Senate President Manny Aragon and others have been convicted of felony crimes for their roles in stealing $4.2 million in taxpayer money by inflating and falsifying invoices during construction of the Bernalillo County Metropolitan Courthouse.

“These cases are revealing a systemic problem of a lack of oversight of their fiscal management,” Balderas said. “We’ve got poor detection systems that leave us vulnerable to future acts of abuse and fraud.”

State Sen. Dede Feldman, D-Albuquerque and a proponent of ethics reform, agreed.

“There is a crisis in accountability, and we need to take action,” she said.

Structural changes

The National Association of Certified Fraud Examiners recently estimated, following a comprehensive study, that 3-5 percent of any budget is susceptible to fraud, Balderas said. In an annual budget of about $6 billion like New Mexico’s, that’s at least $180 million each year. Balderas said his audits and investigations by the attorney general aren’t coming close to uncovering all the fraud that’s taking place.

“We’re uncovering wrongdoings in the millions of dollars, but I think we’re barely scratching the surface,” he said.

Balderas suggested several changes to ensure the state does a better job of combating government fraud:

• The auditor and attorney general need more employees. Balderas started a special investigations division to tackle fraud when he took office in 2007, but it has only five employees. He said his office, which currently has about 30 employees, should have 150-200.

• Balderas wants a new state law that requires an audit and verification process for how money is spent each time a government agency enters into a construction or service contract for $1 million or greater.

• He said the state lacks qualified finance officers to fill government jobs, which is “a worse crisis than the shortage of teachers and law enforcement agents in New Mexico.” Balderas wants one of the state universities to create a program to train such employees.

• The state currently regulates a number of other professions but not government financial officers. He wants the state to create a regulatory board to ensure people hired for government finance jobs have the proper qualifications and experience.

Others cite need for an ethics commission

The cases listed by Balderas are only some of the public corruption scandals that have plagued state government in recent years. In addition to the cases he cited, two former state treasurers and a former deputy state insurance superintendent have been convicted of corruption-related crimes. A current member of the Public Regulation Commissioner and his father, a former commissioner, are facing charges related to abusing the state’s public financing system.

A former school administrator in Las Vegas has been convicted on fraud charges. A former municipal judge in Sunland Park has been convicted of voter fraud. A government inspector in Bernalillo County is currently facing bribery charges.

Referring to the litany of scandals, Lt. Gov. Diane Denish said the most recent indictments of Vigil-Giron and others are “further evidence of New Mexico’s need for an independent ethics commission and increased transparency in state government.”

“The indictment of a government official erodes public confidence in their government,” she said in a prepared statement. “… On July 9, I announced a plan for establishing an independent ethics commission that has the legal authority to investigate ethics complaints and impose penalties when necessary. I am more committed than ever to working with the Legislature to pass this ethics plan.”

Feldman agreed that an ethics commission is needed, and said it should have broad powers to hold legislators, state officials and local-government officials accountable. She suggested that such a commission might also be able to take on the development of an online campaign finance reporting system -- a project that has been plagued with problems and delays in the hands of the secretary of state’s office.

If it also took on that responsibility, such a body could tap into money already allocated to the secretary of state, so she said it could be created “in a relatively budget-neutral kind of way.”

Prosecutors allege the theft of millions of dollars

Posted 8/19/2009 06:50:00 PM

Vigil-Giron and other defendants each face 50 counts in indictments issued today by grand jury

Former Secretary of State Rebecca Vigil-Giron and the others indicted today by a state grand jury each face 50 counts including money laundering, fraud, soliciting or receiving kickbacks and tax evasion in the alleged theft of millions of dollars.

The others indicted are lobbyists Joseph Kupfer and Elizabeth Kupfer and Armando Gutierrez, who headed the company Vigil-Giron hired to help the state implement a federal voter education program.

Joseph Kupfer was a lobbyist for the secretary of state. Elizabeth Kupfer, his wife, was the administrative services director for the Attorney General’s Office at the time in question.

The 50 counts against each include:

• Four counts of fraud over $20,000 or, in the alternative, embezzlement over $20,000.

• 11 counts of money laundering over $100,000.

• Five counts of money laundering over $20,000.

• Eight counts of tax fraud.

• 13 counts of tax evasion.

• Four counts of making or permitting false public vouchers.

• One count of soliciting or receiving an illegal kickback.

• One count of offering or paying an illegal kickback.

• Two counts of tampering with evidence.

• One count of conspiracy.

You can read the indictment against Vigil-Giron by clicking here. The others aren’t yet online, but are similar.

Vigil-Giron has not returned a call seeking comment. Attorneys for Vigil-Giron and Gutierrez had little to say to the New Mexico Independent. Elizabeth Kupfer did not immediately return a call seeking comment.

The details

The AG’s investigation came after a federal audit found severe mismanagement of federal Help America Vote Act funds by Vigil-Giron’s administration during the 2006 election cycle. Vigil-Giron, who left office at the end of 2006 because of term limits, says the audit is flawed and has repeatedly insisted that no wrongdoing occurred on her watch.

Vigil-Giron used federal funds to pay Gutierrez’s firm $6.3 million for advertising and voter education work leading up to the 2006 election. The federal audit found that the company can’t account for how more than $2 million of that money was spent.

The indictments allege a wide-ranging scheme that’s in some ways similar to the metro court scandal. For example, according to the indictments, a $2 million voucher from the state treasury was deposited in the account of Gutierrez between Sept. 29 and Oct. 5, 2004. That voucher was based on a false invoice, the indictment states.

Then, between Oct. 1 and Oct. 7, 2004, a $140,000 check from Gutierrez was deposited in the account of the Kupfers. Similar transactions occurred several times between 2004 and 2006, according to the indictment.

Interestingly, while Vigil-Giron is charged with soliciting or receiving an illegal kickback and offering or paying an illegal kickback just like the others, the indictments don’t state that she profited financially from the scheme. The only bank transactions listed involve Gutierrez and the Kupfers.

Former Secretary of State Vigil-Giron, others indicted

Posted 8/19/2009 04:14:00 PM

Former Secretary of State Rebecca Vigil-Giron was one of four people indicted today by a state grand jury following an investigation into the alleged mishandling of millions of dollars in federal voter education funds by her office.

The AG’s office would not immediately release the names of the other three.

“Today’s indictments are the result of more than two years of investigation by my Government Accountability Division,” King said in a release. “We will now concentrate on proving these allegations in a court of law.”

Check back later for complete coverage.

Vigil-Giron targeted in probe of voter education funds

Posted 8/19/2009 12:03:00 PM

Former secretary of state confirms she has received a ‘target letter’ from grand jury, again says she did nothing wrong

Former Secretary of State Rebecca Vigil-Giron confirmed today that she is a target of an investigation into the spending of millions of dollars in federal funds on voter education by her office -- an investigation that is now in the hands of a state grand jury.

Vigil-Giron said in a brief interview that she has received a “target letter” from the grand jury -- a letter indicating that she’s one of the people the attorney general’s office is targeting for potential indictments in the case.

Vigil-Giron, a Democrat, provided a lengthy statement about receiving the target letter in which she defended her actions as secretary of state and claimed that Attorney General Gary King, also a Democrat, and others are out to destroy her reputation.

“I pray every day that my Lord and my God will forgive those individuals who so willingly, callously and wrongfully accuse me of unsubstantiated wrongdoing for the purpose of furthering their own personal and political ambitions,” Vigil-Giron said in her statement. “This witch-hunt must cease and desist. It has been going on since I left office almost three years ago and no wrong doing on my part has been uncovered.”

King, who Vigil-Giron said is “concentrating this attack on me… keeps claiming that he is not running for Governor and only running for re-election as Attorney General. Why is he intent on destroying the good service that I performed for the State of New Mexico?”

King’s office does not comment on pending investigations or grand jury proceedings, which are secret. AG spokesman Phil Sisneros reiterated that on Tuesday.

Audit: more than $2 million can’t be accounted for

The AG’s investigation comes after a federal audit found severe mismanagement of federal Help America Vote Act funds by Vigil-Giron’s administration during the 2006 election cycle. Vigil-Giron, who left office at the end of 2006 because of term limits, says the audit is flawed and has repeatedly insisted that no wrongdoing occurred on her watch.

Vigil-Giron used federal funds to pay the Albuquerque firm Gutierrez & Associates $6.3 million for advertising and voter education work leading up to the 2006 election. The federal audit found that the company can’t account for how more than $2 million of that money was spent. Last year, an annual, state audit included many of the findings in the federal audit and some new findings.

Vigil-Giron insisted in today’s statement that she “can account for every last nickel that was spent” and said all contracts over $200,000 were reviewed by officials in the attorney general’s office. She said she “relied on the Attorney General to always counsel me in the right direction legally.”

Patricia Madrid, not King, was AG at the time in question, but Vigil-Giron named at least one official who still work in the AG’s office as an employee who helped her.

The Albuquerque Journal reported today that the grand jury is also investigating Armando Gutierrez, the head of the firm Vigil-Giron hired.

A prior version of this posting incorrectly states that an audit found that more than $3 million could not be accounted for.

Madrid again on defense over Fulton controversy

Posted 8/19/2009 06:00:00 AM

Former AG says Wilson’s bringing up alleged FBI inquiry now is ‘meant to divert attention away from her extremely precarious legal situation’

A new claim that the FBI probed a controversy surrounding Patricia Madrid three years ago has the former state attorney general once again defending herself against pay-to-play allegations.

Former U.S. Rep. Heather Wilson, R-N.M., who the Democrat Madrid unsuccessfully challenged in 2006, said last week that the FBI contacted her in June 2006 in an inquiry into ties between Madrid and a political action committee. Whether the inquiry actually existed is unclear.

The controversy centered on a proposed off-reservation Indian casino in southern New Mexico. Not wanting competition for his own racino, Sunland Park Racetrack and Casino owner Stan Fulton had been working to kill a proposal by Santa Fe art dealer Gerald Peters and the Jemez Pueblo to build a casino in nearby Anthony.

Six weeks after Madrid’s office officially objected to the Jemez proposal in June 2005, Fulton gave the Madrid PAC, Justice for America, $100,000. Fulton had also given $25,000 to the PAC several months before Madrid’s office took a position on the Jemez proposal.

In an interview, Madrid defended her office’s stance on the Jemez proposal, saying it “was the legal opinion, I might add, that was taken by the Western Association of Attorneys General, and it was the legal opinion that was in the best interest of the state, and I stand by that opinion.”

Asked if she could state that there was no link between the contributions to the PAC and her office’s stance on the casino proposal, Madrid said this:

“Stan Fulton is an outstanding supporter of New Mexico,” Madrid said.

Madrid added that Fulton once told her he wanted to be the most generous contributor to New Mexico schools, “and as far as I know, he is.” She specifically brought up money he’s given to the Gadsden Independent School District in southern Doña Ana County.

“New Mexico should have more philanthropists of his caliber,” said Madrid, who is thinking about running for land commissioner next year.

Fulton admitted trying to buy opposition to casino

As I’ve written before, Fulton admitted in 2004 to trying to buy opposition to the proposed Jemez casino by giving $1 million to the Gadsden schools and announcing that he would give New Mexico State University half ownership of his racetrack and casino when he died -- an estimated $10 million annually -- only if there were no other casinos built in an area that included the Jemez proposal.

“We play to win,” Fulton told me at the time. “This is a battle, and we’re going to look at it like a battle.”

The relationship between Madrid and Fulton was a hot topic in the 2006 congressional race, which Wilson won by fewer than 1,000 votes out of more than 211,000 cast. Madrid was asked about the contributions from Fulton during a debate with Wilson less than two weeks before Election Day, and she appeared to admit that contributions buy access.

“I do think you have to be careful about taking large sums of money from lobbyists,” Madrid said at the debate. “But even if you do, it is only to give them access to let you know about what their concerns are. Certainly it’s not to have you vote or rule in any certain way or obligate you in any way.”

Wilson responded by expressing shock.

“I’m amazed at what I just heard,” she said. “No one buys access in my office. Any New Mexican that wants to speak to me, it’s not conditional on paying at the door.”

Madrid said in the new interview that she’s shocked that Wilson was shocked by her statement during that debate because, Madrid claimed, Wilson took hundreds of thousands of dollars in contributions from pharmaceutical companies and military contractors, “and she gave them way more than access. She gave them her vote, time and time again.”

An ‘extremely precarious legal situation’

Madrid did not dispute that there was an FBI inquiry into her relationship to the PAC -- she has said she heard in 2006 from “a number of sources… that the FBI was threatening me.” But the inquiry, if it existed, apparently went nowhere.

And Madrid said Wilson’s bringing it up now “was only meant to divert attention away from her extremely precarious legal situation.”

There is a criminal investigation into the firings of former U.S. Attorney David Iglesias of New Mexico and several others, and some analysts have suggested that if Wilson pressured Iglesias to speed indictments in a criminal case against Democrats to help her re-election chances, she could face obstruction of justice charges.

Wilson, who contends that she did not pressure Iglesias, says she brought up the FBI inquiry into Madrid in 2008 and again last week only to explain the meaning behind an e-mail she sent in 2006 that is getting national attention because it could be interpreted to boost Iglesias’ claim.

Roberta Vigil ordered to repay almost $14K

Posted 8/18/2009 07:30:00 PM

Roberta Vigil was sentenced on Monday to three years on probation and ordered to repay the West Las Vegas Schools $13,856 after being convicted in May of fraud, the Albuquerque Journal is reporting.

The money is to pay the district back for more than $16,000 in bilingual education funds she used on parties.

Vigil was convicted of fraud over $2,500, a third-degree felony, and conspiracy to commit fraud over $2,500, a fourth-degree felony. She faced a maximum of 4.5 years in prison.

Vigil was accused of misspending state and federal money on a number of items, including an annual, invitation-only party -- which took place late at night and included an expensive band -- under the guise of a staff training event.

Vigil is the wife of state Rep. Richard Vigil, whose brother, former state Treasurer Robert Vigil, is currently in prison for his role in the scandal that rocked that office.

Guv: Some tax credits, incentives may need to end

Posted 8/18/2009 04:29:00 PM

Gov. Bill Richardson said today that, while he doesn’t want to scale back 2003 tax cuts or the film incentive program, he may be willing to put an end to some other tax credits and incentives.

“We need to take a look at them, to look to see if some may have outlived their usefulness,” Richardson was quoted by the New Mexico Independent as saying.

Richardson and lawmakers must agree on a way to plug a $433 million shortfall in the current budget. The governor has said he’ll call lawmakers into special session for that purpose in November.

Richardson has said he wants a deal in place before the session begins, and he wants the session to last one day. To that end, he told the Independent that he has named members of his staff to a negotiating team, and he expects lawmakers to do the same.

There will be some resistance to finalizing a fix before the session begins. Some rank-and-file lawmakers have told me they want to make sure they have a chance to represent their constituents in the process, and that the deliberations are open. That’s exactly what the public legislative process is designed to do.

Concerns elsewhere aren't stopping local town halls

Posted 8/18/2009 02:00:00 PM

Members of New Mexico’s congressional delegation are holding a number of town hall meetings on health-care reform despite the unruliness, shouting and occasional scuffles that have characterized similar meetings in some other states.

Rep. Ben Ray Luján held a town hall meeting on health-care reform in Santa Fe on Monday. Sen. Jeff Bingaman is holding one today in Clovis. Rep. Harry Teague will hold a “Harry in Your Hometown” event in Las Cruces on Wednesday that could turn into a town hall or individual meetings with constituents, depending on the desires of those who attend. Rep. Martin Heinrich is holding a town hall in Albuquerque on Saturday.

And Sen. Tom Udall will soon announce details for four town-hall meetings on health care and other topics that he plans to hold in the next few weeks, spokeswoman Marissa Padilla said.

While some health care town halls in other states have been characterized by rowdiness, threats and, in at least one instance in St. Louis, violence, there haven’t been problems at the few that have been held in New Mexico during the current debate about reform. But that isn’t stopping at least one member of the delegation -- which consists entirely of Democrats -- from taking extra steps to be prepared.

“We’ve increased security precautions due to the nature of how some of these have played out,” Padilla said.

Bingaman spokeswoman Jude McCartin, on the other hand, said her office “did not take any special security considerations” for today’s event in Clovis, but added that she assumes the civic center where the event will be held “has its own security for events like that.”

Despite potential security concerns, Padilla said Udall has held hundreds of town hall meetings during his time in the House and Senate and thinks it’s important to continue holding them.

“He likes the format a lot,” she said. “He likes being able to engage directly with New Mexicans in this way.”

‘It’s obviously what’s on everyone’s mind’

Since the current health-care debate began, Teague has held four “Harry in Your Hometown” events, spokeswoman Sara Schreiber said. At those meetings, people can sign up to speak one-on-one with Teague for a few minutes, or Teague can meet with the group as a whole.

Schreiber said the events have gone smoothly so far, adding that there have been “passionate conversations with constituents that are legitimately concerned and have serious questions about health insurance reform and the implications it will have for them and their families.”

Teague’s office specifically asked in a news release that people come to Wednesday’s event -- the fifth since the health-care debate started -- with questions about health care. Teague will be willing to turn the event into a town hall on health care if that’s what people want, Schreiber said.

“It’s obviously what’s on everyone’s mind, and we’re very aware of that,” Schreiber said. “But he also doesn’t want to abandon his practice of what he’s been committed to -- that people can come sit down with him one on one.”

In addition to today’s event in Clovis, McCartin said Bingaman plans several additional town hall meetings throughout the state during the current recess. One will be held Monday in Albuquerque and will be hosted by New Mexico First. Details for the others have not been released.

Bingaman is one of the “Gang of six,” a bipartisan group of members of the Senate Finance Committee working toward a compromise health-care bill.

Heinrich’s Saturday town hall is the only one he has scheduled during the August break. Spokesman John Blair said in a statement released by his office that Heinrich wants to “bring together New Mexicans from across the district to ask questions as he works to address the health care crisis in our country.”

“We are working to ensure that anyone who attends the event is safe and secure and can participate in a productive, open forum,” Blair said.

Lujan doesn’t have any additional town-hall meetings scheduled but plans several “Congress in Your Community” events -- one-on-one meetings with constituents.

‘A positive event’

Luján’s Monday town hall was attended by nearly 200 people, and Luján and other panelists met after the meeting with about 100 people who couldn’t get into the first. The Santa Fe New Mexican described that atmosphere as “relatively sedate.”

In a commentary published today, New Mexico Independent columnist Brigette Russell wrote that Luján’s town hall was held at the same time as a GOP event in Santa Fe, which prevented her from attending.

“It’s a good thing I’m not a conspiracy theorist, or I might suspect that it was more than coincidence,” Russell wrote.

Luján spokesman Mark Nicastre said it was a coincidence.

“We don’t know the Santa Fe GOP’s schedule, and judging by their track record in Santa Fe neither does anyone else. If we did know their schedule, it would have absolutely no bearing on our schedule,” he said.

In a news release following his town hall, Luján said it was “constructive and helpful for me and hopefully for the many New Mexicans who attended the event.”

“It is a point of pride for me that we were able to hold a positive event that focused on the substance of health insurance reform,” he said.

Blacklisting journalists is petty

Posted 8/18/2009 10:15:00 AM

On Monday afternoon, a spokeswoman for Gov. Bill Richardson sent the governor’s public schedule for the week to the media -- sans a few journalists who normally get such e-mails from that office.

I didn’t receive the public schedule. Neither did the entire staff of the New Mexico Independent, a site for which I write.

A journalist at another media outlet was kind enough to forward the schedule to me. When I read it, I discovered that the governor plans to be in Las Cruces later this week.

Funny thing is, the last time Richardson was traveling to Las Cruces, the entire staff of NMI was also conveniently left off the distribution list for his weekly schedule.

Upon further investigation, I discovered on Monday that I’ve not been receiving news releases from the governor’s office for at least a week. Meanwhile, my colleagues at NMI have received all of them except the public schedule sent Monday.

This isn’t the first time I’ve been blacklisted by the governor’s office. Since I and others began reporting on a federal grand jury investigation into allegations of pay to play in the Richardson administration, it’s been a fairly constant issue.

No one from the governor’s office has responded to my requests for comment for any story for months -- even those stories that are positive for Richardson.

They don’t have to comment for stories if they don’t want. I have no problem putting into every story that the governor’s office did not respond to a request for comment. But refusing to send public information such as the governor’s schedule and other news releases takes things to a whole new level.

There is, of course, a degree of skepticism and, at times, criticism that’s required of any journalist covering politics and government. And communications staffers do and should spend a great deal of time working to sell messages that will advance the policy agendas of their bosses.

It’s possible for journalists and communications staffers to remain professional in spite of the fact that they’re sometimes at odds with each other. Blacklisting journalists, however, is not professional.

In fact, it’s simply petty.

Energy secretary to headline conference at NMSU

Posted 8/17/2009 07:28:00 PM

U.S. Energy Secretary Steven Chu will be the keynote speaker later this month at New Mexico State University’s “Re-Energize America” conference on moving toward a clean-energy economy.

Chu’s scheduled Aug. 31 speech was announced in a news release from U.S. Rep. Harry Teague, D-N.M., who is honorary chairman of the conference.

“Having Secretary Chu join us in Las Cruces for this important conference clearly shows that this administration sees New Mexico as a key player in our nation’s energy future,” Teague said in the release. “New Mexico’s unique combination of traditional source reserves and the right climate and geography for capitalizing on emerging renewable technologies has positioned us as a true energy leader.”

The two-day conference is designed to give participants opportunities to discuss how they can start or grow their own energy ventures.

They’ll have opportunities to hear from industry experts in “renewable technologies, markets and policies, the energy water nexus and challenges, energy and agriculture, algal biofuels and biomass, solar and wind research, storage and land use, micro-grid and smart-grid systems, natural gas, nuclear power, and many other possibilities to sustain America’s energy needs,” the release states.

For more information on the conference and to register, go to http://energize.nmsu.edu/ or call Brenda Dunn at (575) 646-2575 or Aggie Saltman at (575) 646-9323.

Richardson coming to Las Cruces on Thursday

Posted 8/17/2009 05:38:00 PM

Gov. Bill Richardson will make three public appearances in Las Cruces on Thursday.

The first is a news conference at which Richardson will announce a “new college-readiness program” for students in Doña Ana County, according to a news release from his office. That event will be held at 10 a.m. in the atrium in O’Donnell Hall on the New Mexico State University campus.

While at NMSU, Richardson will deliver a speech on the new G.I. Bill. That event will be held at 11 a.m. at the Foreman Engineering Complex on campus.

At noon, Richardson will speak at a chamber of commerce luncheon. That even will be held in the Columbus Conference Center at the Days Inn & Suites located at 901 Avenida de Mesilla.

Susana Martinez hires 'GOP's Ambassador of Ill Will'

Posted 8/17/2009 01:40:00 PM

Republican gubernatorial candidate Susana Martinez has hired one of the most well-known GOP public relations professionals in the business to run her campaign’s communications operation, a source close to the campaign confirmed.

Danny Diaz was communications director for the Republican National Committee last year. Before that, he served as deputy communications director for John McCain’s 2008 presidential campaign. Diaz spent a lot of time in New Mexico in 2003 and 2004 as the southwest regional press secretary for the Bush/Cheney 2004 re-election campaign.

He was once dubbed by TIME Magazine as the “GOP’s Ambassador of Ill Will.” In its December 21, 2007 article, the magazine wrote that Diaz described his job as an “ongoing and daily effort to ensure that both sides of the story are told.”

From the article:

“When it’s pointed out that at least 99% of the e-mails he sends to reporters are highlighting stories unflattering to Democrats, he laughs and says, with mock solicitousness: ‘I can certainly package and send you information we put on the web about the President’s speeches.’ It is the job of the RNC communications team, he admits, to ‘provide information to further a story line that is detrimental to our opposition.’ Of course, the Democratic National Committee has someone doing the exact same thing; what distinguishes Diaz is the obvious pleasure he takes in a job that is largely about spreading ill will.

“‘In this job, with the hours and the intensity level, you have to be able to have some fun or else you’re not going to last very long,’ says Diaz...”

Diaz started his own consulting firm in February, according to the Washington Post. The source close to the Martinez campaign said Diaz will direct communications for the campaign from Washington, where his office is located.

Diaz isn’t the only big gun Martinez has hired since she entered the race in July. Handling direct mail and paid media for the campaign will be consultants Jay McClesky and Adam Feldman of Lincoln Strategy Group’s New Mexico office. McClesky was the RNC’s regional political director for four years, overseeing operations in 10 states including New Mexico. Feldman was the state GOP’s director for a time in 2008.

Martinez has also hired Las Cruces native Jamie Estrada as acting campaign manager. Estrada was a deputy assistant secretary of commerce in the George W. Bush administration and, before that, worked for Intel.

Fighting corruption will improve our lives

Posted 8/17/2009 09:19:00 AM

By Bill McCamley

“The accomplice to the crime of corruption is frequently our own indifference.” - Bess Myerson

Corruption has become a hot issue in New Mexico. Pay-to-play activities aren’t new, but recent convictions, indictments and investigations have brought what used to be a private phenomenon into the open.

Many believe corruption is bad, but since it is so hidden and hard to measure there is very little analysis of its actual effects. The result? Many citizens don’t comprehend its physical consequences, and ethics policies that could serve to curb this practice (independent ethics commissions, campaign finance reform, etc…) are left out of the public forum in favor of the usual hot-button issues like abortion, health care, gay marriage and energy.

While these are important topics, ethics reform should be considered so as well. Why?

Corruption can kill you

In early 2008, a massive earthquake rocked Western China, leaving 68,000 dead and another 4.8 million homeless. It also collapsed more than 7,000 school buildings, killing and injuring thousands of children.

While this might not seem out of place in a large disaster, buildings near the schools were untouched and studies of the collapsed schools’ construction showed that materials used in them were of substandard quality, leading them to be labeled as “tofu” buildings.

While details have still not been released, there have been accusations that government bribery was a main cause. How? If a company building a school paid off corrupt public officials to look the other way during inspections, they could spend much less on materials (such as steel rebar for earthquake reinforcement) and make a larger profit, since money spent on bribes is a fraction of what they would spend on materials.

Did it happen? We might never know, but the pattern of collapse, lack of reporting from officials and the discouragement of victims’ families from discussing the situation indicate a strong possibility of corruption.

Corruption that kills is not limited to bribery. It can also include patronage, the appointment of one’s supporters to political jobs regardless of qualification. Though this symptom is not exclusive to one party or the other, the biggest recent national example of this is Michael Brown, appointed to lead the Federal Emergency Management Agency in 2003.

Brown had no experience in emergency management before working at FEMA. His twelve previous years were spent as a high-level manager at the International Arabian Horse Association.

Joe Allbaugh, however, was his friend. Allbaugh managed George W. Bush’s Texas gubernatorial campaigns and was a senior advisor to Bush during his 2000 presidential run. He was appointed to run FEMA in 2001 (even though he, too, had no emergency experience), hiring Brown to be FEMA’s lawyer, then associate director, and leaving the job to Brown when he resigned.

Brown was directly responsible for the national response to Hurricane Katrina, and the consequences for this patronage appointment are apparent and appalling. He admitted underestimating the effect of rising waters, showed no understanding of the evacuee situation during nationwide TV interviews and ignored offers of help.

His management was so bad that he was criticized by both parties and resigned in disgrace.

Corruption is bad for business

I met a gentleman recently in New York who does compliance work for a large major bank. Though I tend to look at corruption’s effects from the government perspective, he illustrated how corruption can affect business from the local to the international level.

Earlier this year El Paso businessmen Steve Sambrano and Ramiro Guzman pled guilty to corruption charges for their efforts to bribe school officials in the Pharr-San Juan-Alamo Independent School District to take their bids over other, more competitive companies. Gifts to school board members included clothing and tickets to sporting events, including a trip to the Final Four worth over $14,000.

In 2008, the U.S. Department of Justice fined Baker Hughes, a Texas oilfield services company, more than $44 million for violations of the Foreign Corrupt Practices Act. Between 2001 and 2003, the company paid approximately $5.2 million to two people in Kazakhstan with the knowledge that some or all of that money would be funneled to officials of Kazakhstan's state-owned oil company in order to receive state contracts.

Why should you care? Free market economics is based on the principle that competition allows a consumer to purchase the best product for the least price. Corruption blocks this process by eliminating competition.

If the people in the above examples were successful in their attempts at bribery, many businesses would choose not to compete for the work, taking them out of the free market. Whoever did get the contracts would raise their prices to make up for the loss of the cost of the bribe and to take advantage of the limited competition.

In these cases, the direct effect was a penalty to the taxpayer who did not get the most “bang for their buck.”

Corruption is bad for public trust

Both democracy as a government and capitalism as an economic theory derive their power from the trust of the average person. In democracy, policy is made by elected officials and implemented by regular folks. If individuals don’t believe the system is working for them, and not for limited special interests, then their belief will translate in to inaction, leaving the public sector stagnant.

A similar phenomenon happens when corruption is found in capitalism. People refuse to buy products they do not trust leaving a market with no purchasing power, and destroying the law of supply and demand.

Consider Sub-Saharan Africa. The region is considered the poorest area in the world, lagging behind others in infrastructure, health care, education and other areas necessary for economic growth. According to the World Bank, more than 70 percent of people under the age of 25 live on under $2 per day, while 146 out of every 1,000 children under the age of five die.

While some of this is rightly blamed on the after-effects of colonial practices, even President Obama recently laid much of the responsibility for Africa’s problems on corruption, saying that few or no institutions exist to provide economic transparency, accountability or efficiency.

Studies show that in Kenya 67 percent of people’s dealings with government include a bribe, while 66 percent of people in Ghana reported over 10 percent of their incomes being taken up paying bribes. A group called Transparency International issues a study called the Corruption Perception Index that shows a significant link between poverty and corruption.

Not surprisingly, almost all African nations score high in both.

Conclusion

So why should you care? New Mexico is constantly among the top five states for poverty-related statistics, and we have a long history of corruption at high levels (see Manny Aragon).

These are almost assuredly related, but both can be fixed. Citizens can aggressively advocate for mechanisms that will safeguard us from corrupt officials and bribers alike, bringing ethics reform to the same level as other emotional issues that tend to dominate national discussion.

If we can get policies like ethics commissions and campaign finance reform to the same level of public discourse as health insurance, the war and abortion, and then get them implemented, our society’s ability to make good decisions based purely on the good to the community -- and not on what benefits the few and corrupt -- will be improved, and so will our lives.

McCamley is a former Doña Ana County commissioner and current board member for Common Cause New Mexico.

Favela convicted; is another voter fraud case coming?

Posted 8/16/2009 11:42:00 PM

Is there another voter fraud case brewing in Doña Ana County? After a jury found former Sunland Park Municipal Judge Horacio Favela guilty on Friday of fraudulently voting and registering as a candidate for judge, ABC-7 in El Paso quoted District Attorney Susana Martinez as saying her office will “vigorously” investigate allegations that Favela’s wife also committed voter fraud.

After two hours of deliberating, a jury convicted Favela of falsely declaring himself a resident of Sunland Park in 2008 so he could run for judge, falsifying a document that declared him a qualified voter, and voting twice in the 2004 general election -- once in El Paso, Texas and once in Doña Ana County.

Favela faces a maximum of 4.5 years in prison and a $15,000 fine, according to the Las Cruces Sun-News. He will be sentenced at a later date.

But that’s apparently not the end of it. KVIA reported nothing more about Favela’s wife than the statement from Martinez, a Republican who is running for governor next year, so details aren’t known.

Favela, according to KVIA, contended during his trial that records showing he voted in El Paso in 2004 were false. His attorney, Joe Arrieta of Las Cruces, said the conviction will only deter people from voting.

“That’s what I’m disappointed about, is the effect this case is going to have on people who want to exercise their right to vote and directly affecting the southern part of the state which is predominantly Democrat,” KVIA quoted Arrieta as saying.

Prosecutor Nelson Goodin, obviously, was pleased with the verdict.

“One person. One vote. The old adage of vote early, vote often doesn’t work. One vote for each person, so that everybody’s vote counts,” KVIA quoted him as saying.

The situation came to light after Favela was elected a municipal judge in Sunland Park in early 2008. He was suspended by the state’s Supreme Court without pay pending the outcome of the criminal case, but he later agreed to resign and never seek a judgeship in New Mexico again.

Herrera narrowly wins approval in non-scientific poll

Posted 8/16/2009 11:16:00 PM

By a narrow margin, more votes cast in last week’s non-scientific poll on this site came from people who approve of the job Secretary of State Mary Herrera is doing than from people who don’t approve.

Of 648 votes, 316, or 49 percent, came from people who approve of the job Herrera is doing, while 308, or 48 percent, came from people who don’t, and 24, or 3 percent, came from people who said they don’t know.

Don’t forget to vote in this week’s poll, located at the top of the right column on this page.