Friday, February 27, 2009

HAFC passes open conference committees bill

Thanks to Heath Haussamen for noting that the House Appropriations and Finance Committee changed its mind about the open conference committees bill. The committee voted unanimously to send the bill to the House floor. I'll let you know when it's up for debate there.

This measure typically passes the House, and it's the Senate where it runs into trouble. Senate Majority Leader Michael Sanchez said earlier this week he's against the bill.

Thursday, February 26, 2009

HAFC tables open conference commitees bill

Don't have the details yet, but the House Appropriations and Finance Committee Wednesday night shelved the measure to open conference committees.

I hear the vote was along party lines but will post info when I get it.

The vote isn't a total surprise but many thought that this might be the year things changed at least a little in the Roundhouse.

Wednesday, February 25, 2009

Bill that was supposed to improve government access now would restrict it

House Majority Leader Ken Martinez, D-Grants, said he can't support a bill he sponsored that aims to provide better access to public records because of proposed exemptions to the State's Inspection of Public Records Act..

At a meeting of the House Health and Government Affairs Committee, a variety of executive agencies wanted several exceptions to the state’s Inspection of Public Records Act, Martinez said. As a committee substitute for the bill (HB 507) is currently drafted, it’s not something Martinez can support.

“I didn’t want it to be a bill about exemptions,” he said. “This bill wasn’t about all that.”

The proposed exemptions include “records of a public body, that, by their nature, must be confidential in order for the public body to avoid the frustration or a legitimate government function.”

It also would exempt “records contained in or related to examination, operating or condition reports prepared by, on behalf of or for the use of a public body responsible for the regulation or supervision of financial institutions.”

Another proposed change in the bill says that nothing in the records act “shall be construed to require a public body to provide records pursuant to that act to a party with whom it is in litigation.”

Among other things, Martinez’s bill would speed up the response time for agencies to produce records under the records act.

Currently, agencies have three days to respond to a request for records and 15 days to produce the information unless they need more time. The bill would give an agency 10 days to produce records.

It also makes clear that an e-mail is recognized as an official request for records under the act.

Martinez said Wednesday evening he’ll work to restore the bill to its original form. The bill is still in the HHGAC.



I will be following this bill and am hoping to get an electronic copy of the committee substitute I can link to here.

Take that, Val Kilmer!

The International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts, (known as IATSE) Local 480 today endorsed Lt. Gov. Diane Denish in her 2010 gubernatorial run, saying she's the "best leader to continue to strengthen and expand New Mexico's film industry."

The move may be interpreted as a slap at actor Val Kilmer, who has been making more and more noise about running for governor.

It could also mean the film folks think Diane would make a great actress.

Senate passes felony bill

The Senate just passed a bill that would allow a court to increase the sentence of a convicted felon officials and impose a fine up to as much as the official's salary and benefits.

And, yes, it applies to lawmakers, who on a 29-12 vote approved the measure. The only no votes were Democrats.


Pile of government transparency bills moving this session

Open government advocates including the New Mexico Press Association and the Foundation for Open Government are pushing several measures this session that would open up state government to the public and the media. Here's the roundup I did of some of the bills for today's paper.

One of the measures, to open conference committees to the public, comes up today in the House Appropriations and Finance Committee. Advocates for ten years have tried that one, and although they point to Senate Majority Leader Michael Sanchez's recent statement that this could be the year the bill passes, he said yesterday he doesn't support the measure.


Tuesday, February 24, 2009

Bill would require contractor disclosure

A measure by Rep. Joe Cervantes, D-Las Cruces, would require more info on contractors seeking state business.

Specifically, the measure calls for the "disclosure of the identity and financial interest of a donor to an organization when the organization provides property or funds a governmental entity when the donor is doing, has done or seeks to do business with the agency that the organization supports, including a sale, purchase, lease or contract and the donor’s
identify."

The bill is pending in the House Health and Government Affairs Committee today. It's one of several this year that would give the public more information about government.

Monday, February 23, 2009

Senate bill aims for transparency about pharm gifts

Sen. Dede Feldman writes in a weekend missive that her health care gift bill, which would require pharmaceutical companies to disclose gifts to doctors worth more than $100 "may be a sign of the Senate's receptiveness to future bills containing disclosure requirements for state contractors, open conference committee meetings and additional reporting for candidates."

Hard to know what will happen with this bill, which could come up today. Most of the ethics proposal this year have focused on the Legislature. Many of those are still limping along this session; stay tuned for an update.

Update
That bill was defeated on the Senate floor, 16-24 after a lengthy debate.  And, it turns out, the Senate Rules Committee, which was slated Monday morning to get to a list of ethics bills for public officials, didn't get to them. Many are starting to mumble about no real ethics reform this year. . . But there are 25 days left to go, so we'll see.

Friday, February 20, 2009

Colon: politics driving CDR investigation

Democratic Party chairman Brian Colon says in this editorial in today's Journal that politics is behind the investigation that caused Gov. Bill Richardson to drop his bid for commerce secretary.

In the piece, Colon says there is no smoking gun in the investigation and questions why it has continued.

Stay home today

but only if you like. Turns out you could actually see some of the day's biggest events from your couch, courtesy of your internet connection and three separate webcasting operations.

The New Mexico Independent will webcast a meeting of the Senate Rules Committee this morning. Check out the agenda here for ethics bills and other stuff.

As she has been doing since early in the session, Rep. Janice Arnold-Jones will broadcast the House Taxation and Revenue Committee this afternoon. That agenda includes a bill I wrote about for today's paper that would create development zones. The zones would have the power of eminent domain and to issue bonds, among other things.

You can also listen (only) to the House and Senate floor sessions from the Legislature's Web site.

Thursday, February 19, 2009

Happy Half Way Day

Yep, it's here. 30 days down, 30 to go in this session.

Today's the last day to introduce bills, so expect a flood of topics to be dropped in the hopper. In the meantime, pace yourself. These 60-day sessions can be tough near the end, especially if there are a few all-nighters in the mix. . .


Wednesday, February 18, 2009

Some Bush-era officials didn't cooperate with DOJ, report says

This from the Talking Points Memo Muckraker:

"At least nine Bush administration officials refused to cooperate with various Justice Department investigations during the final days of the Bush presidency, according to public records and interviews with federal law enforcement officials and many of the officials and their attorneys."

See the whole story for mentions of how New Mexico's Pete Domenici and Heather Wilson fit into the picture.

House and Senate floors sessions done for day

All is quiet at the Roundhouse, save a few committees that are meeting. Many lawmakers got on a bus this morning to Roswell for the memorial services for Patty Jennings.

The buzz around the Capitol is mostly about the latest on former Secretary of State Rebecca Vigil-Giron. Some wonder when the uncovering of alleged problems will end, and whether its political; others insist there's nothing to the allegations because no charges have been pressed.

Vigil-Giron: audit is "old news"


She didn't send her response for this article in time to make it in print, but former Secretary of State Rebecca Vigil-Giron says the audit released Tuesday by Hector Balderas is nothing new. Here's the e-mail response she sent last night.

"Can you believe that they waited more than 7 months to release this report. What timing! What was his motivation? I don't know!! Every bit of this report is Old News. I responded to everyone of the exceptions back in early 2007 to DFA and also to the EAC."

Vigil-Giron in the past has said she did nothing wrong with Help America Vote Act funds sent to the state.

Tuesday, February 17, 2009

SOS audit finds "severe mismanagement"

State auditor Hector Balderas has just released an audit of the Secretary of State's Office for the time period of July 1, 2006 to June 30, 2007. According to the office, the auditors were "unable to express an opinion on the financial condition of the SOS due to questionable payments of $6,308,350 in federal voter education funds made to a contractor by the former Secretary of State Rebecca Vigil-Giron’s administration."

Among the other findings, straight from the Auditor's Office press release:

-- "From July 1, 2006 to December 31, 2006, the former SOS administration inappropriately used $29,735 in HAVA (Help America Vote Act) funds to enhance its own website;"

-- "The prior administration over allocated expenditures to the HAVA program under Section 101 by $2,923,409;" and

-- "During fiscal years 2005, 2006 and 2007, the SOS utilized processors for the statewide Voter Registration Election Management System without sufficient licensing under the SOS contract with a private company. The SOS breached the contract and owed the contractor $219,765 in licensing fees. The current SOS worked with the State Board of Finance to pay back $182,896 of that debt, but the State still owes $36,869."

Former Secretary of State Rebecca Vigil-Giron, who left office at the end of 2006, declined to comment this afternoon, saying she hadn't seen the audit. Vigil-Giron in the past has said she has done nothing wrong with HAVA money. A spokesman for current Secretary of State didn't immediately return an e-mail or a call seeking comment.

Balderas said the audit showed "severe mismanagement of federal funds." It was done by Atkinson & Co, Ltd, certified public accountants.

"The audit’s multiple findings demonstrate the severe mismanagement of federal funds that were intended to improve voter education in New Mexico,” Balderas said in a statement. "The inability of the auditors to express an opinion on the Secretary of State Office’s financial condition and the poor accountability for federal funds puts the operations of the Secretary of State at serious risk."

Other findings included in the audit were related to the SOS's payment to a media contractor of $6,271,810 over a period from August 2004 to October 2006. They came from May 2008 Election Assistance Commission audit. They were:

-- "The SOS did not inform the State’s centralized procurement office of the planned purchase;"

-- "Appeared to pay the vendor at a rate higher that the rate negotiated in the amended contract;"

-- "Appeared to pay the vendor twice for producing a single video in the amount of $186,000;"

-- "Paid the vendor in excess of the maximum amount allowed under the contract by $323,060;"

-- "Contract amounts were paid under a Letter of Understanding that was not incorporated into the contract and which was different than the basis upon which the contract was awarded;" and

-- "The contract arrangement which appears to be the basis for the contract appears to be prohibited by the procurement code."

Balderas said he remains "extremely concerned about the financial stability of the SOS's operations.

"Secretary Herrera has taken corrective action by hiring a Chief Financial Officer to manage her agency’s budget and accounting practices. This very important step will help professionalize the Secretary of State’s accounting operation," Balderas said.

Balderas said he would forward the information to the FBI, the U.S. Election Assistance Commission and Attorney General Gary King.

Monday, February 16, 2009

Services for Patty Jennings set

Patty Jennings' public memorial will be held Wednesday at 2 p.m. at the Roswell Convention Center and Civic Center in Roswell, 912 N. Main Street.

The Senate will have an early morning floor session, from 8 to 10 a.m., so senators can attend the service.

The mood around the Roundhouse is definitely somber today.

Update, 3:03, p.m.

The family asks that in lieu of flowers, contributions be made to the Patricia K. Jennings Foundation, Box 1797, Roswell, 88202.

Sunday, February 15, 2009

RIP Patty Jennings

The AP is reporting the Patty Jennings, the wife of Senate President Pro Tem Tim Jennings, has died at 53 after battling cancer.

I found this story I wrote for the Albuquerque Tribune in January of 2006, about Patty's battle and about bills that session that dealt with cancer screening. It's hard to tell whether those measures became part of that year's budget or not, but lawmakers this year are considering at least one measure for cancer screening, a topic that always merits attention.

Low-income cancer screening sought

SANTA FE — Patty Jennings did everything she was supposed to. She got the mammograms, sometimes as frequently as every six months, and the regular checkups. After she thought she had pulled a muscle in her right breast from helping her daughter move in September 2004, she waited a week, then saw her doctor. "Something didn't feel right," she said.

It wasn't. After nearly three months of tests, Jennings got the news she had breast cancer.

The executive director of the New Mexico Medical Insurance Pool, Jennings could afford good treatment.

But many women can't. And, Jennings , who is married to Roswell Democrat Sen. Tim Jennings, wants low-income women to get screened for breast cancer.

Tim Jennings is carrying a measure (SB 13) that would do just that. He believes it would save women's lives, not to mention health care costs.

"It does save, if there's no surgery, if they can catch it early," he said. 

Patty Jennings certainly tried to catch whatever ailed her mysteriously that fall. So she got a mammogram, a month ahead of her next regularly scheduled one. Nothing showed up, but something still felt wrong. An ultrasound came next, with no answer. She repeated those tests, and then got an MRI. It wasn't until she got that last technical and expensive test that cancer was diagnosed. "It showed up pretty much everywhere," she said.

The couple got the news as they were driving outside their town that Christmas Eve.

"It was a real surprise. I was 49. It's more and more common, but certainly not something to be afraid of. If it's found early, it's treatable," she said.

Tim Jennings ' measure would allocate $300,000 to the state Department of Health for the Breast and Cervical Cancer Early Detection Program.

Rep. Rhonda King, a Stanley Democrat, is carrying a companion measure (HB 204) in the House.

The bill isn't the first related to breast cancer that Jennings , a rancher, has introduced. In the 1980s, he sponsored legislation that requires medical insurance companies to cover mammograms. It was one of probably hundreds of bills he's sponsored since he took office in 1979. But the issue hit home when his wife was given the diagnosis.

"It hits you on top of the head," he said. And, he said, mammograms are no guarantee against breast cancer. "I always thought they were foolproof," he said. "They weren't."

Update, 12:48 p.m.
Read Patty's obituary here.

Friday, February 13, 2009

Senate goes home for weekend, House back Saturday

We're not even halfway through this session and already the House is meeting on the weekend. It will reconvene at 11 a.m. Saturday while the Senate, meanwhile, went home for the weekend.

The halfway point is next Thursday. That's the last day to drop bills as well, so expect a flurry of introductions next week.

Frank Foy files complaint about public records

The plaintiff in the alleged pay to play lawsuit involving the State Investment Council and the Educational Retirement Board has filed this complaint saying he was wrongfully denied records under a request he made using the Inspection of Public Records Act.

"The ERB is claiming that it can refuse to produce any public records if it believes the records might be used in a lawsuit. The ERB’s position should be of concern to anyone who uses IPRA," Victor Marshall, an attorney for Foy who also represents the New Mexican, said in a statement.

The request asked for "any and all records" related to board or advisory group meetings, Vanderbilt Capitol Advisors, Pioneer Investment Group, ERB chairman Bruce Malott, Meyners and Co, State Investment Officer Gary Bland and Foy, among other things.

In its letter denying the records, attorneys retained by the ERB say Foy's request was overly broad, "uncertain in scope" and some of the information he's seeking may be available online. The firm, Canepa and Vidal, also said that it couldn't determine the types of records sought or for what time frame.

Senate Rules Committee considering slew of ethics bills

**Keep refreshing this page for the most recent action from the committee. I'll update with action on each bill in the list below.**

Many of the attempts to reform ethics laws in the state are pending this morning in the Senate Rules Committee. The 8 a.m. meeting as of 8:25 hadn't started, however. More later.

Update, 8:26 a.m.
I spoke too soon. The committee has started, but has a few bills to consider before the ethics proposals.

Here are the ethics bills pending today.

SB 72 POST-ELECTION VOTING ACCURACY EVALUATION (McSORLEY)
SB 165 PUBLIC CAMPAIGN ACT
SB 94 PROHIBIT FORMER LEGISLATORS AS LOBBYISTS (BOITANO)
SB 116 LIMIT CONTRIBUTIONS TO CANDIDATES & PACS (FELDMAN)
SB 128 REQUIRE BIANNUAL CAMPAIGN REPORTS (WIRTH)
SB 163 PROHIBIT FORMER LEGISLATORS AS LOBBYISTS (GRIEGO E.)
SB 258 CONTRIBUTIONS FROM STATE CONTRACTORS (KELLER)
SB 262 POLITICAL CONTRIBUTIONS TO CANDIDATES (BEFFORT)
SB 263 CONTRACTOR DISCLOSURE OF CONTRIBUTIONS (BEFFORT)
SB 296 STATE CONTRACTOR CONTRIBUTION DISCLOSURE (FELDMAN)
SB 346 POLITICAL CONTRIBUTIONS TO CANDIDATES (SANCHEZ B.)
SB 521 CAMPAIGN CONTRIBUTIONS IN CERTAIN ELECTIONS (WIRTH)
Also, held over from earlier this week is
SB 261.
RETIREMENT BENEFIT FORFEITURE FOR SOME CRIMES (BEFFORT) This bill was sent on to the Senate Judiciary Committee without a recommendation -- a way to move a bill on in the committee process without endorsing or opposing it.

Update, 8:44 a.m.
What I might do as the committee goes along is note what happened to each bill in the list above, under the bill title. They won't necessarily be heard in order, however. The committee is hearing a substitute for SB 261 at the moment.

Update, 9:08 a.m.
The committee has moved on to another non-ethics bill. At this pace, many of the ethics bills won't be heard this morning. The Senate is set to meet on the floor at 10:30 a.m.

Update, 9:16 a.m.
You can check out a live blog of this meeting from the New Mexico Independent here.

Update, 9:39 a.m.
Sen. Cisco McSorley is presenting SB 72, which he said would "create a more mathematcially precise system for determining how the vote counting machines are chosen to obtain a 90 percent accuracy in the vote tabulation." I put it on the list of ethics related measures, but it's more like an elections reform bill.
McSorley says the bill isn't a recount bill, but deals with the auditing of voting machines after an election.

Less than an hour until the floor session. . .

Update, 10:18 a.m.
The panel is starting on SB 165, sponsored by Sen. Eric Griego. Under the measure, candidates could tap into public financing for campaigns.

Supporters of the measure so far include the Greater Albuquerque Chamber of Commerce, Common Cause New Mexico and the AARP. No one spoke against the proposal. The committee is now on debate of the measure.

Sen. Dede Feldman is speaking in support of the bill.

"Until we enact something like what Senator Griego is proposing, until we go to some form of a public financing system, we are going to be continuing to backflips and summersaults and handstands and all kinds of gyrations to avert the perception that money buys influence and access in our political process," she said.

Update, 10:45
A motion to table the bill by Senate Minority Leader Stuart Ingle ended with a 3-3 tie, so the bill is left languishing on the table until another motion is made.

The committee adjourned and is off to the floor.

Thursday, February 12, 2009

Richardson: special session could come in April or May

The Associated Press's Barry Massey just moved a story that reports that Gov. Bill Richardson said he thinks the state needs a special session in April or May.

Here's a little from the story:

"Richardson said in an interview with The Associated Press on Thursday that he favors assembling a budget for next year during the current session of the Legislature but then holding a special session in April or May. That would allow lawmakers to adjust the budget after it becomes clear how much federal economic stimulus money will flow to New Mexico."

Read the rest here.

Did I mention there are still 36 days left in this session?

Senate Committees' Committee says yes to webcasting

The Senate's Committees' Committee just decided to take a step (again) towards webcasting from that chamber. The committee decided to allow the cameras that had been taken down to be reinstalled with the aim of webcasting later this session. The state bought three cameras for the project.

In the meantime, the committee will draft rules governing the webcasting and present them to the Senate Rules Committee for consideration.

"I think we ought to utilize the equipment that's already in place," said Sen. John Arthur Smith, D-Deming. The state spent $38,000 on the cameras, it will need to spend another $10,000 for another server to broadcast the video on the Legislature's web site. The cameras may be operated by someone already on Senate staff, or the state may need to hire an additional person.

Keep in mind, this is the same committee that previously decided to not webcast this session. . .

Meanwhile, the online news publication New Mexico Independent may beat the Senate to the punch. It plans to webcast the Senate Rules Committee Friday morning.

Politico takes hard look at Richardson

Politico.com has this look at where Gov. Bill Richardson is in his career these days. Worth a read if nothing else because it gives an outside perspective of the world we're living in the Capitol here.

Bill would track state worker productivity

A measure in the hopper by freshman Sen. Sander Rue, R-Albuquerque, would measure the productivity of state government employees.

An analysis of the measure says labor productivity is defined as "the output per worker-hour of labor."

Further, the bill says "labor productivity would be calculated using Bureau of Labor Statistics methodology. Each local government would be required to submit data on local government worker productivity through the department’s website beginning in 2011."

Now that would be a truly interesting study, and a measure that's sure to cause a lot of controversy, should it go anywhere this year. Given that Rue's a freshman, chances aren't good, but in these cost-cutting times, you never know.

Wednesday, February 11, 2009

Ethics Day, part two

Maybe today really is Ethics Day after all. (Although there are more ethics bills coming Friday.)

But the Senate Rules Committee this morning passed one bill that's hard a hard time even getting a hearing in the past. This measure would allow enhanced penalties for public officials who commit felonies.

Bill sponsor Senate Minority Whip Bill Payne, R-Albuquerque, said things are different this year.

"We have more convictions, more talks of investigations ongoing," he said.

Tuesday, February 10, 2009

It's Ethics Day Wednesday

That's according to the Senate Republican Office, which put out information on a hearing Wednesday morning on two ethics related bills.

The measures, which are before the Senate Rules Committee at 8 a.m., are:

SB 141 ENHANCE FELONY SENTENCES FOR PUBLIC OFFICIALS (PAYNE)
SB 261 RETIREMENT BENEFIT FORFEITURE FOR SOME CRIMES (WILSON BEFFORT)

Payne in a statement said his bill would ramp up penalties for public officials convicted of crimes.

"Because they were receiving a salary from taxpayers when they were acting illegally, they should have to pay some of that salary back to the public and they should not receive their fringe benefits like pensions if they are convicted of a felony," he said.

Apparently this is the first time Payne's bill has actually gotten a hearing, despite its being introduced repeatedly.

Meanwhile, Friday looks like it could really be Ethics Day. Check out all the bills on the Senate Rules Committee agenda, set for 8 a.m. Friday morning. (Now that would be a good day to crank up the webcasting from Senate committees, hint hint.)

SB 94 PROHIBIT FORMER LEGISLATORS AS LOBBYISTS (BOITANO)
SB 116 LIMIT CONTRIBUTIONS TO CANDIDATES & PACS (FELDMAN)
SB 128 REQUIRE BIANNUAL CAMPAIGN REPORTS (WIRTH)
SB 141 ENHANCE FELONY SENTENCES FOR PUBLIC OFFICIALS (PAYNE)
SB 163 PROHIBIT FORMER LEGISLATORS AS LOBBYISTS (GRIEGO E.)
SB 258 CONTRIBUTIONS FROM STATE CONTRACTORS (KELLER)
SB 262 POLITICAL CONTRIBUTIONS TO CANDIDATES (BEFFORT)
SB 263 CONTRACTOR DISCLOSURE OF CONTRIBUTIONS (BEFFORT)
SB 296 STATE CONTRACTOR CONTRIBUTION DISCLOSURE (FELDMAN)
SB 346 POLITICAL CONTRIBUTIONS TO CANDIDATES (SANCHEZ B.)

Monday, February 9, 2009

New revenue projections coming on Friday the 13th

This might be one time to really be scared on that superstitous day.

The state's latest round of revenue projections are set to be released Friday. Early word is that the state could be in the hole another $100 million. That's an unconfirmed number, but if you take just one quick look at the economy these days, it seems plausible.

The question then becomes whether the Legislature then would have enough time this session to craft another solvency package or whether we'd be back here in say, May. Stay tuned.

Saturday, February 7, 2009

Get the latest on the housing authority

In case you haven't had enough news on scandals and problems in state government these days -- or if you're just really interested in the housing authority mess, check out PBS this weekend.

Rep. Janice Arnold-Jones and Sen. Mary Kay Papen will talk about what's happening these days with the regional housing authorities on the show hosted by Lorene Mills, Report from Santa Fe.

The show airs at 6 a.m. Sunday for Albuquerque, Santa Fe and northern New Mexico viewers on Channel 5. If you live on the east side of the state, check out the show Saturday night at 6 p.m. on Channel 3. Or, if you live in Las Cruces and the southern part of the state, watch it on PBS at 11 a.m. Sunday.

If those hours don't work for you , or if you don't have Tivo, you can catch the interview Monday at 9:30 am on KANW, 89.1 FM.

Friday, February 6, 2009

Audiocasting up and running

There's already been live streaming audio from the KUNM web site, but now you can get it right from the Legislature home page as well.

This is a big step in the realm of webcasting, which at the beginning of the session didn't look like it was going to happen at all. Lawmaker opinion about it seems to be growing, although opposition remains in the Senate. Check out the story I did today where I polled all 112 legislators on the topic. Oddly, some of the people I know are opposed to webcasting didn't return the email poll.

Thursday, February 5, 2009

Cal Vilmer visits Senate

Yes, Cal Vilmer, not Val Kilmer. I thought those senators were playing tricks on me, but no, a man introduced as Cal Vilmer did visit the Roundhouse. (If you know who that is, please let me know because the only person I could find with that name was this guy.)

Yesterday, of course, Val Kilmer visited the House, so maybe that's a dig at Kilmer for not visiting the Senate.

The Roundhouse apparently is the place to be these days.

A day in the life of a reporter

Ok so the story here on Sempra Energy's campaign contributions to Gov. Bill Richardson that KUNM's Jim Williams produced doesn't happen every day. But it illustrates the difficulties out there of getting to the bottom of some of state government's more meaty topics.

It's worth a listen if you missed it on the radio.

Tuesday, February 3, 2009

John Doe No. 2 = Dave Contarino


Photo by Kate Nash

That's the word from attorney Victor Marshall, (above left) the lawyer in the lawsuit alleging pay to play at the State Investment Council and Educational Retirement Board.

The lawsuit filed by Frank Foy, the former chief investment officer at ERB, alleges Bland and Malott were instructed by an unnamed "John Doe # 2" to invest with Vanderbilt Financial and associated companies in exchange for political contributions from the firm's employees.

Contarino didn't immediately return a call seeking comment.

The name was announced by Marshall at an Albuquerque press conference that turned into a true shouting match when attorneys Sam Bregman (above far right) and Marty Esquivel (above middle) asked for a chance to speak to reporters. Bregman is representing one of the defendants in the case, Meyners and Co., an accounting firm, while Esquivel represents Bruce Malott, head of that company and a defendant in the suit who is also the chairman of the ERB. The pair set about denouncing the claims in the lawsuit as false when the shouting started.

More in Wednesday's New Mexican.

Update, 3:!3 p.m.

Contarino just released a statement, calling the accusations a "fairly tale."

"This is a flat out lie. I never instructed Gary Bland or Bruce Malott to invest in anything," he said in a statement. "I wasn’t even Chief of Staff at the time of this investment. I played no role in this investment and have no recollection of ever meeting Mr. Foy or anyone involved with Vanderbilt investments. I was not aware of any contributions from any individuals from or related to Vanderbilt investments to the Governor’s campaign and this entire accusation is a total fairy tale concocted by Mr. Foy and his attorney," Contarino said.

This entire lawsuit – by a former employee – is irresponsible and the claims are ridiculous and untrue. People are tired of political witch-hunts. Enough is enough.”

Monday, February 2, 2009

John Doe # 2 to be revealed

If you're like the rest of us around here, you've probably been wondering about the curiously secret identity of John Doe No. 2 in the lawsuit that alleges a pay-to-play scandal at the State Investment Council and Educational Retirement Board.

"Barring unforeseen developments," the plaintiffs in the lawsuit on Tuesday will unseal and discuss the identity of John Doe #2, according to an e-mail from lawyer Victor Marshall.

Another site to offer audio webcasting

Check out this free new service from the New Mexico Legislative Reports.

Already, KUNM is offering audio webcasting as well. Who would have thought the House and Senate would become so popular this session?

On that note, the subcommittee that's looking into allowing webcasting (with video, too) meets Tuesday at 8 a.m. in room 307. The full House Rules Committee is slated to meet at 8:30, during which it will receive a report from the subcommittee. That panel has already said it will recommend audio casting from the House chambers as soon as possible along with a pilot project from House committee rooms.

Given the hour of the committee hearing, that's one webcast I'd rather watch from home!