Saturday, January 1, 2011

Martinez has already signed four executive orders

Gov. Susana Martinez wasted no time in getting to work after taking office at midnight. Her office by 12:09 was sending out copies of the executive orders she signed.

I'm going to let you read them for yourself below, but in general they seem to point to a willingness to be with the media and the public, and to help investigators with any ongoing research related to Gov. Bill Richardson's administration. Another prohibits state agencies from hiring lobbyists while another aims to help small businesses by creating a task force that looks at how the state can be more business friendly.

Here's the info from her office on each executive order. I'm checking to see where they are posted online in case you want to look up future orders.

GOVERNOR SUSANA MARTINEZ SIGNS EXECUTIVE ORDER TO PROMOTE TRANSPARENCY AND OPEN GOVERNMENT

Executive Order Demonstrates Martinez’s Commitment to Responsibly Exercise The Claim Of Executive Privilege In Response To IPRA Requests

SANTA FE – Today, Governor Susana Martinez signed an executive order that demonstrates her commitment to responsibly exercising the claim of executive privilege in response to requests made under the Inspection of Public Records Act (IPRA). The order ensures greater transparency and openness in the process used by the public and the press to access public documents, clarifying that the new administration does not intend to use executive privilege to unjustifiably block the public’s view of the activities of state government.

The full text of the Executive Order is below:

EXECUTIVE ORDER 2011-003

LIMITING THE CLAIM OF EXECUTIVE PRIVILEGE, TO PROMOTE TRANSPARENCY AND OPEN GOVERNMENT

WHEREAS, the citizens of New Mexico are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees. To provide citizens with public information should be recognized as an essential function of a representative government and an integral part of the routine duties of public officers and employees;

WHEREAS access to public information should be the rule, and denial thereof the exception;

WHEREAS the executive communications privilege is a constitutionally-based privilege recognized by the New Mexico courts;

WHEREAS this administration will not allow the blanket assertion of privileges to avoid the production of public records that disclose or suggest criminal or questionable activity by public officials;

THEREFORE, I, Susana Martinez, Governor of the State of New Mexico, by virtue of the authority vested in me by the Constitution and the laws of the State of New Mexico, do hereby ORDER and DIRECT:

1. “Executive Privilege” can only be invoked with written authorization from the Office of the Governor;


2. Requests to invoke the privilege shall be carefully considered and limited to circumstances in which:



a. the information sought to be held confidential consists of communications between or among the Governor, a Cabinet Secretary, an agency head or any of their high-level advisors;



b. the advice was rendered in connection to a pending or anticipated decision;



c. the Office of the Governor determines that the information sought to be kept confidential does not consist of evidence of potential or actual government misconduct; and



d. the Office of the Governor independently is satisfied that these conditions have been met.



3. Information or documents requested that contain information subject to an appropriate invocation of the executive privilege will be redacted so that any other information on the document that is properly public is disclosed.



4. This Order does not create any legal rights on the part of any person or entity and shall not be the basis of any lawsuit or challenge to any public records determination.

THIS ORDER supersedes any other previous orders, proclamations, or directives to the extent they are in conflict. This Executive Order shall take effect immediately.





ATTEST: DONE AT THE EXECUTIVE OFFICE THIS
_________ day of ___________________, 2011.

DIANNA DURAN
SECRETARY OF STATE WITNESS MY HAND AND THE GREAT
SEAL OF THE STATE OF NEW MEXICO


________________________________________
SUSANA MARTINEZ
GOVERNOR OF NEW MEXICO


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GOVERNOR SUSANA MARTINEZ SIGNS EXECUTIVE ORDER REQUIRING AGENCIES AND EMPLOYEES TO COOPERATE WITH FEDERAL INVESTIGATIONS

SANTA FE – Today, Governor Susana Martinez signed an executive order that requires all state agencies and employees to fully cooperate with a request or inquiry by a Federal civil or criminal investigative authority.

The full text of the executive order is below:

EXECUTIVE ORDER 2011-002

REQUIRING ALL STATE AGENCIES AND EMPLOYEES TO COOPERATE WITH A REQUEST OR INQUIRY BY A FEDERAL CIVIL OR CRIMINAL INVESTIGATIVE AUTHORITY

WHEREAS, state agencies of the State of New Mexico have in the recent past been subject to investigation and scrutiny by federal law enforcement agencies and federal civil investigative authorities;

WHEREAS, it appears that federal civil and criminal subpoenas have been required by state agencies and their employees before their producing documents to federal investigative agencies;

WHEREAS, it appears that executive privilege may have been invoked in partial resistance to compliance with the aforementioned federal subpoenas;

WHEREAS, it is the policy of this administration to expose corruption in state government at all levels;

THEREFORE, I, Susana Martinez, Governor of the State of New Mexico, by virtue of the authority vested in me by the Constitution and the laws of the State of New Mexico, do hereby ORDER and DIRECT:

1. All state agencies and employees shall cooperate truthfully and in good faith with any request or inquiry from any federal civil or criminal investigative authority.


2. No state agency or employee shall require service of a subpoena before responding in good faith to a request for records from a federal civil or criminal investigative authority.



3. No state agency, its counsel, or its employees shall invoke executive privilege in response to any federal subpoena or request for information without express consent from the Office of the Governor.



THIS ORDER supersedes any other previous orders, proclamations, or directives to the extent they are in conflict. This Executive Order shall take effect immediately.





ATTEST: DONE AT THE EXECUTIVE OFFICE THIS
_________ day of ___________________, 2011.

DIANNA DURAN
SECRETARY OF STATE
WITNESS MY HAND AND THE GREAT
SEAL OF THE STATE OF NEW MEXICO


__________________________________________
SUSANA MARTINEZ
GOVERNOR OF NEW MEXICO

###

GOVERNOR SUSANA MARTINEZ SIGNS EXECUTIVE ORDER PROHIBITING STATE AGENCIES, DEPARTMENTS AND BOARDS FROM HIRING LOBBYISTS

SANTA FE – Today, Governor Susana Martinez signed an executive order that prohibits state agencies, departments and boards from hiring lobbyists. The order ensures that taxpayer dollars are not expended on lobbyists to represent state entities, given that this is a key role and responsibility that taxpayers rightfully expect to be handled by elected and appointed public officials.

The full text of the executive order is below:


EXECUTIVE ORDER 2011-004

PROHIBITING STATE AGENCIES, DEPARTMENTS, OR BOARDS FROM HIRING LOBBYISTS

WHEREAS, as a matter of public policy, public monies should not be expended by state agencies, departments, or boards to hire lobbyists to procure additional state funding;

WHEREAS, during a significant fiscal crisis, the government of the State of New Mexico has the vested authority to be the good steward of state funds and taxpayer dollars;

WHEREAS, it is in the best interests of the State of New Mexico to prohibit the expenditure of public funds for the purpose of hiring lobbyists by state agencies, departments, or boards.

THEREFORE, I, Susana Martinez, Governor of the State of New Mexico, by virtue of the authority vested in me by the Constitution and the laws of the State of New Mexico, do hereby ORDER and DIRECT:

1. No state agency, department or board, over which the Governor retains authority, may retain or hire a lobbyist, as defined in NMSA 1978 §2-11-2.

2. Any existing contract between such a state government entity and any individual or entity for lobbying shall be terminated at the earliest opportunity.

3. This Order does not create any legal rights on the part of any person or entity and shall not be a basis for a challenge to rules or regulations or other action or inaction by any state governmental entity.

THIS ORDER supersedes any other previous orders, proclamations, or directives to the extent they are in conflict. This Executive Order shall take effect immediately.





ATTEST: DONE AT THE EXECUTIVE OFFICE THIS
_________ day of ___________________, 2011.

DIANNA DURAN
SECRETARY OF STATE WITNESS MY HAND AND THE GREAT
SEAL OF THE STATE OF NEW MEXICO


________________________________________
SUSANA MARTINEZ
GOVERNOR OF NEW MEXICO


###



GOVERNOR SUSANA MARTINEZ SIGNS FIRST EXECUTIVE ORDER, CREATES SMALL BUSINESS TASK FORCE TO RECOMMEND RED-TAPE CUTS

Executive Order Would Also Freeze Pending And Proposed Regulations For 90 Days

SANTA FE – Today, Governor Susana Martinez signed her first executive order, which establishes a small business task force to identify red-tape regulations that are harmful to business growth and job creation in New Mexico and report its findings to the Governor. The task force, chaired by Secretary-designate of Economic Development, Jon Barela, will conduct its review over a 90-day period, during which all proposed and pending regulations will be frozen.

The full text of the executive order is below:


EXECUTIVE ORDER 2011-001

FORMATION OF A SMALL BUSINESS-FRIENDLY TASK FORCE;
ESTABLISHING A 90-DAY REVIEW PERIOD FOR ALL PROPOSED AND PENDING RULES AND REGULATIONS

WHEREAS, New Mexico’s citizens, their government, and all persons doing business in this State have a mutual interest in the proper administration of government and business, requiring common sense administrative rules and regulations that are comprehensible, reasonable, consistent, predictable, responsive, and without undue redundancy;

WHEREAS, one of the priorities of the Governor of New Mexico is establishing a common sense approach to executive rules and regulations, in accordance with the constitutional authority to direct the departments and agencies of the State of New Mexico, by establishing a “Small Business-Friendly Task Force” chaired by the Secretary of Economic Development;

WHEREAS, most proposed and pending rules and regulations can be temporarily suspended without detriment to the health or welfare of the citizens of New Mexico;

WHEREAS, ninety days is a reasonable time to review such proposed and pending rules and regulations, to examine them from various perspectives as to their workability, reasonableness, and determine whether they are proper and necessary;

WHEREAS, such an effort is timely given current unemployment levels and state budget difficulties, in order to create economic opportunity for each and every New Mexican, while protecting and preserving the health, safety and welfare of our community.

THEREFORE, I, Susana Martinez, Governor of the State of New Mexico, by the authority vested in me by the Constitution of the State of New Mexico and by its statutes, do hereby ORDER and DIRECT:

1. All proposed and pending rules and regulations, excluding those not under the authority of the Governor, are suspended for a period of review of 90 days unless excepted as set forth below.

2. Proposed and pending regulations shall not be suspended if doing so would:

a. Adversely impact public health;
b. Adversely impact public safety or security;
c. Fail to comply with a judicial order or deadline;
d. Prevent the respective department or agency from carrying out its essential functions and duties; or
e. Prevent qualification for any federal funds or certifications.

3. Each department or agency shall submit to the Office of the Governor a comprehensive listing of proposed and pending rules and regulations, for review not later than January 14, 2011.

4. Any proposed or pending rules and regulations to which this Order applies and the department or agency believes should be treated as an exception pursuant to paragraph 2, shall be separately identified as such, with a statement as to the basis for the exception and how it applies.

5. The Office of the Governor may, with the advice of the head of the department or agency affected, determine whether any rule or regulation initially excepted under paragraph 2 shall remain excepted. The Office of the Governor may, with the advice of the head of the department or agency affected, determine whether any rule or regulation not initially excepted under paragraph 2 shall also be excepted.

6. Each department and agency shall also review all of its existing rules and regulations with a view to enhancing the purpose of this Task Force, and no later than January 31, 2011, identify to the Secretary of Economic Development each rule or regulation, the rescinding or revision of which could significantly enhance the business environment in New Mexico through economic development and employment growth.

7. The Task Force shall, at a minimum, consist of the Secretaries of Taxation and Revenue, Workforce Solutions, General Services, and others whom the Governor may designate.

8. The Task Force shall make a report to the Governor no later than 90 days from the effective date of this order, and shall continue, as needed, to make specific legislative and regulatory recommendations to achieve economic growth and stability in New Mexico.

9. This Order does not create any legal rights on the part of any person or entity and shall not be a basis for a challenge to rules or regulations or any other action or inaction by any New Mexico governmental department or agency.

THIS ORDER supersedes any other previous orders, proclamations, or directives to the extent they are in conflict. This Executive Order shall take effect immediately.


ATTEST: DONE AT THE EXECUTIVE OFFICE THIS
_________ day of ___________________, 2011.

DIANNA DURAN
SECRETARY OF STATE WITNESS MY HAND AND THE GREAT
SEAL OF THE STATE OF NEW MEXICO

________________________________________
SUSANA MARTINEZ
GOVERNOR OF NEW MEXICO


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3 comments:

  1. Refreshing and, hopefully, effective Executive Orders.

    ReplyDelete
  2. Yes, absolutely refreshing! In conjunction with an Executive Order prohibiting lobbying on behalf of state institutions, she immediately turns around and enshrines a pro-business lobbying group in the next Exec Order! So it isn't the 'lobbyists' who are the problem plaguing NM government, it's who they are trying to advocate for. Wholly transparent and Brilliant!

    ReplyDelete
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