NM In Depth editors and reporters discuss government transparency, ethics and the Governmental Conduct Act

New Mexico In Depth editors held the third of five online chats about the 2024 legislative session last week. Professor of Practice of Journalism at the University of New Mexico, and occasional contributor to New Mexico In Depth, Gwyneth Doland, joined Executive Director Trip Jennings and Managing Editor Marjorie Childress to discuss government transparency, legislative modernization efforts, and the Governmental Conduct Act. Doland kicked off the conversation talking about the 14 students she takes to the Roundhouse every Wednesday and their experience thus far. “It’s interesting and cool to see things through their eyes,” she said, while noting that for newcomers, navigating the state capitol during a legislative session can be a lot to take in. 

The three discussed efforts over the past 15 years to make the statehouse more accessible and understandable, including webcasting, budget transparency efforts, and showing what is stricken or added through amendments lawmakers adopt to change legislation, and making bills easier to track. One step backwards Jennings mentioned is that certain areas of the capitol have been closed to the public, making it more difficult to reach lawmakers for a conversation.

Gov. Lujan Grisham will greenlight fixes to gutted anti-corruption law

The New Mexico Supreme Court in September 2022 removed the ability for prosecutors to criminally charge public officials for a range of ethics violations. Gov. Michelle Lujan Grisham’s office confirmed via email Friday afternoon that she will empower state lawmakers to consider returning that power to prosecutors in the legislative session that starts Tuesday.Because it’s a short session, putting together the state budget takes priority, although a governor can add non-budgetary topics to the agenda. In this case, the topic will be the  state’s Governmental Conduct Act, the statute affected by the 2022 court ruling. 

The Supreme Court decision came out of litigation involving four separate cases featuring unethical behavior by local and state public officials between 2011 and 2018.A Doña Ana County treasurer offered money to an employee for sex.  A District Attorney in Grants used her position to intimidate officers investigating her use of a public vehicle for personal reasons. An Aztec magistrate judge was removed from the bench by the state supreme court for illegally recording her colleagues in secure areas of a court building.  A New Mexico Taxation and Revenue cabinet secretary used her position to access the tax records of a previous employer. (Prosecutors alleged Demesia Padilla was trying to prevent the audit of a former client, from whom prosecutors alleged she had embezzled money.

Talking ethics with New Mexico Ethics Commission director, Jeremy Farris

State ethics officials grapple with a paradox in their daily work, said Jeremy Farris, executive director of the New Mexico State Ethics Commission. On the one hand, the heart of their work is designed to ensure the public knows that elected officials and government workers are held accountable in how they use the powers and resources entrusted to them.  Why? Because those powers and resources belong to the people, not individuals holding public positions. This is one of two “big ideas” that motivate the commission, Farris said. The commission does that work by enforcing state ethics laws through investigations and in some cases, suing people.

Ivey-Soto spectacle reminds us state lawmakers can’t police themselves

The saga that humbled state senator Daniel Ivey-Soto this week is the kind of political theater that hypnotizes the chattering political class. A mixture of sexual harassment allegations and an unsuccessful coup against Sen. President Pro Tem Mimi Stewart, with whom he has clashed, led Ivey-Soto to resign Thursday as chairman of the Senate Rules Committee before his colleagues could remove him. It was a very public drama that generated blaring headlines and gossipy conversations. Beyond all the hot takes and salacious titillation, however, it’s important that we not forget the institutional weakness that got us to this point. Skepticism has always swirled around lawmakers’ claim that they can police themselves.

New harassment allegations against lawmaker prompt call for state ethics commission to handle future complaints

Representatives of eight organizations called for a powerful state senator to resign Monday or for his legislative colleagues to remove him from office if he didn’t leave, in an open letter containing new allegations of sexual harassment and bullying.The accusations against Sen. Daniel Ivey-Soto come a month after a lobbyist for Progress Now New Mexico, Marianna Anaya, accused the Albuquerque Democrat of sexually harassing her. Seven of the eight people accusing Ivey-Soto on Monday in the open letter were not named but gave the organizations’ permission to share their experiences, the letter states. 

After receiving Anaya’s complaint in February, legislative leaders opened an investigation into Ivey-Soto, adhering to a system where complaints against state lawmakers are kept confidential in a procedure overseen by other lawmakers. Ivey-Soto told New Mexico In Depth on Monday that he “will participate” in that investigation, but declined to respond to the specific allegations listed in Monday’s three-page letter, sent to state Senate leadership and media organizations. He also declined to respond to the allegations leveled against him last month by Anaya.One of the complainants in Monday’s open letter, Heather Ferguson, executive director of Common Cause New Mexico, isn’t satisfied with the current process in which lawmakers police themselves, saying it doesn’t build an atmosphere of trust. “Right now, when victims file a complaint they are turning it over to friends and colleagues of the lawmaker,” she said. “It’s a conflict of interest.” 

“It’s time for that space to be safe and professional for everyone,” Ferguson added, saying that anyone at the statehouse who abuses the power of their office should be held accountable.

It’s time for lawmakers to embrace transparency (Updated)

Update: Shortly after publishing the following newsletter on Friday, Senate President Pro Tem Mimi Stewart, D-Albuquerque, wrote in an email to New Mexico in Depth that lawmakers would include transparency in a revised junior bill during an upcoming special session. She said lawmakers would use as a model new transparency measures passed last year for capital outlay allocations. “I wish we had done this originally but we think we have an answer to how to make those changes,” she wrote. Later on Friday, Gov. Michelle Lujan Grisham and legislative leaders announced a special session of the Legislature would convene on April 5, to take up a revised junior bill and consider measures they can take to help New Mexicans in the face of rising inflation. After sending out our newsletter last week about lawmakers’ outrage over the governor vetoing their dark spending bill, I had a moment of deja vu.

ICYMI: Amid record revenue, lawmakers fail to address risk of waste and fraud

Legislative Finance Committee analysts described over reliance on emergency procurement as resulting from mismanagement in their October report. Legislative analysts have repeatedly warned since 2016 that government agencies’ increasing reliance on no-bid contracting puts New Mexico at increased risk of waste and fraud. Their most recent admonition came a month after a state grand jury indicted a former powerful lawmaker for racketeering, money laundering and kickbacks related to a no-bid contract. 

Lawmakers have largely ignored those warnings; in fact, a bill pre-filed for the legislative session starting Tuesday in Santa Fe appears to create new exemptions to the procurement code. Nor is reform a high priority for Democratic Gov. Michelle Lujan Grisham, whose three years in office have been marked by a sharp rise in no-bid contracting. 

“Such an item is not currently an element of the agenda,” said Nora Meyers Sackett, a spokeswoman for Lujan Grisham, who has the power to set this year’s 30-day legislative agenda, as lawmakers are otherwise limited to budget matters. “But the governor’s office will, as always, review and evaluate potential initiatives.” 

Since 2019, Lujan Grisham’s first year in office, her administration has circumvented competitive bidding on at least 886 occasions, approving sole-source and emergency contracts worth more than $796 million, greatly outpacing her Republican predecessor, according to New Mexico In Depth’s analysis of reports from state agencies under Lujan Grisham’s control.

Amid record revenue, lawmakers fail to address risk of waste and fraud

Legislative Finance Committee analysts described over reliance on emergency procurement as resulting from mismanagement in their October report. Legislative analysts have repeatedly warned since 2016 that government agencies’ increasing reliance on no-bid contracting puts New Mexico at increased risk of waste and fraud. Their most recent admonition came a month after a state grand jury indicted a former powerful lawmaker for racketeering, money laundering and kickbacks related to a no-bid contract. 

Lawmakers have largely ignored those warnings; in fact, a bill pre-filed for the legislative session starting Tuesday in Santa Fe appears to create new exemptions to the procurement code. Nor is reform a high priority for Democratic Gov. Michelle Lujan Grisham, whose three years in office have been marked by a sharp rise in no-bid contracting. 

“Such an item is not currently an element of the agenda,” said Nora Meyers Sackett, a spokeswoman for Lujan Grisham, who has the power to set this year’s 30-day legislative agenda, as lawmakers are otherwise limited to budget matters. “But the governor’s office will, as always, review and evaluate potential initiatives.” 

Since 2019, Lujan Grisham’s first year in office, her administration has circumvented competitive bidding on at least 886 occasions, approving sole-source and emergency contracts worth more than $796 million, greatly outpacing her Republican predecessor, according to New Mexico In Depth’s analysis of reports from state agencies under Lujan Grisham’s control.

Governor, lawmakers tussle over funding for Ethics Commission

Last year the debate over New Mexico’s first-ever Ethics Commission was about its day-to-day running and its independence. This year it’s about money. 

And the game is on. Gov. Michelle Lujan Grisham wants to give the state’s independent Ethics Commission a lot more operating money than lawmakers. She recommends nearly $400,000 to help the commission get up and running in its first few months of operation. The Legislature’s request is half that.

Legislature seals deal on independent ethics commission

With hours to go in the 60-day session, state lawmakers reached a deal on a new, independent ethics commission New Mexicans overwhelmingly demanded in November’s election. The House voted 66-0 Friday night to approve the latest version of ethics legislation that has undergone multiple metamorphoses in the last several days. The Senate accepted the changes soon after, sending the bill to Gov. Michelle Lujan Grisham’s desk for her signature. Rep. Daymon Ely, D-Corrales

Sen. Daniel Ivey-Soto, D-Albuquerque, who helped shape the bill approved by the House, said late Friday“tonight was step one,” of the state’s first independent ethics commission that would have oversight of state public officials. He predicted that the Legislature would return in coming years to add local government officials to those the ethics commission would oversee.