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.

Necessary Ethics Reform Efforts Hampered by Constitutional Restrictions, Politics

Everyone who works around the Legislature – legislator, lobbyist, analyst, advocate, reporter, etc. — knows that it can take time for legislation to “ripen”. That sometimes moving in a new direction from what is currently in statute or what is commonplace can take years of lead time and advocating for a change or for reform. And sometimes there are issues that arrive with such exigency that they are embraced with apparent immediacy and acknowledgment of the necessity for action. This year saw the indictment of a powerful state representative on multiple corruption charges.

Common Cause New Mexico Goes Back to the Basics for 2022 Session

2021 has been a long year. Starting with the Jan. 6 insurrection at the U.S. Capitol, it  extended through attempts made by several state legislatures to erect barriers to voting and take back the authority to determine election results themselves rather than basing it on the tabulations of election officials—and votes cast by citizens.  Here in New Mexico we are fortunate to have robust election administration at the state and local levels, with secure,  accurate and accessible elections open to all qualified voters. But that does not mean we need to rest on our laurels. This session, Common Cause will focus on strengthening some of the basic safeguards to democracy at the local and state level.  Our priorities may not elicit much razzle dazzle, but we believe in adequately funding some of the protections we already have established in the new Ethics Commission and in the Secretary of State’s Office.

Little-known public health councils are key to public health but chronically underfunded

The COVID-19 pandemic has laid bare the limits of New Mexico’s understaffed and highly centralized public health system. 

Unlike most other states, New Mexico does not have county-based health boards. Instead, public health services like vaccination have traditionally fallen to the chronically understaffed state health department, which has struggled to contain the pandemic’s spread. “The big lesson is that we’ve underfunded public health,” said Sen. Jerry Ortiz y Pino, D-Albuquerque. “Our infrastructure was woefully inadequate and now we’re paying the price.”

That includes funding for the state’s 42 county and tribal comprehensive community health planning councils that, in the absence of local health boards, fill an important role identifying local public health gaps and needs. Many of the health councils have gone beyond their statutory mandates, in recent months, to pitch in with local COVID response efforts – helping to coordinate local testing and vaccination efforts, get word out to local residents about where they can get booster shots, and at times serving as an important channel of communication between state health officials and local governments. 

But the health councils are woefully underfunded, despite legislation passed in 2019 that expanded their mandates and directed the health department to provide them more funding.

A fair and equitable recovery starts with supporting women of color

New Mexicans share a belief that all of us – no matter where we live, how we look, or what we believe – deserve access to the same opportunities that help us achieve our unique potential. These opportunities – receiving a quality education, and having access to affordable health care, jobs that pay family-sustaining wages, and safe and affordable housing – are often referred to as social determinants of health and they impact everything from the conditions surrounding our births to the length of our lives. The COVID-19 pandemic made it apparent that these opportunities are not universally available and their lack has led to lower-quality social determinants of health for some communities. Clearly, communities of color and those earning low incomes were hardest hit by the pandemic as well as the economic aftermath. But another aspect that hasn’t gotten as much notice is how the pandemic and recession have hurt women more than men, with women of color being hurt the most.

For the low income, housing is scarce — a challenge state lawmakers hope to address this session

Cree Walker and her four children live in one room with two beds at an Albuquerque hotel that allows long-term stay. Credit: Marjorie Childress

New Mexico has a housing crisis. Homelessness is up and the inventory of homes and apartments is down. 

Ask Cree Walker, a 32-year-old mother of four children ages 5 to 12 who has experienced the crisis firsthand. “I haven’t been able to find anything,” said Walker, who has hunted for housing for six months. The 32 year old, who grew up in Pecos, moved to Idaho then returned to New Mexico but has scarce family to call on for help.

New Mexico has opportunity to learn what works best from two years of extraordinary innovation

The 2022 regular legislative session will be the second under the persistent shadow of COVID-19. For those of us who focus on child and family well-being, the situation is simultaneously dire and hopeful. The dire: Families with children, especially those with lower incomes, have been slammed by the simultaneous impacts of school and child care closures, job losses, and the anxiety and grief that have characterized this time for many. 

The hopeful: The sudden loss of in-person schooling and child care has renewed public focus on the importance of these sectors. States have received federal funding to stabilize them from the impacts of COVID, allowing new resources to flow into schools, child care, internet connectivity and other longstanding needs. 

During the session and in the coming year, our team at the University of New Mexico Cradle to Career Policy Institute will watch to see what New Mexico decides to keep from the pandemic, and what the state casts aside. In our policy and personal lives, the pandemic has offered a complex mix of things we are eager to lose forever, alongside those we hope to maintain. 

In the child care sector, COVID-19 has brought great instability for providers faced with decreased enrollment, family and provider fears about COVID exposure, and unpredictable closures and quarantines.

Diversify New Mexico’s Economy Using Oil/Gas Surplus

Recently, it was announced that despite repeated attacks by the Biden administration, New Mexico’s oil and gas industry had a record year. It generated 35% of all general-fund revenue for the state budget in FY 2021 (which ended in June) – a share exceeded only once in the most recent eight-year period. In raw numbers, the industry generated almost $5.3 billion in revenue for state and local governments in the 2021 fiscal year. In other words, the industry that New Mexico has long (over) relied on and the “progressive” wing of the Democratic Party, in particular, would like to eliminate entirely, continues to prop up the State economy and budget. Ironically, the massive oil-and-gas-generated budget surplus available to legislators this January is also the ticket to the diversified economy that everyone of both political parties realizes New Mexico must have.

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.

Why New Mexico must adopt a tribal remedy framework for public education

When recent high school graduate Chaslyn Tafoya of Taos Pueblo was asked in a public forum with New Mexico’s education secretary what she loved most about where she called home, she pointed to her culture, her language, and her tribal community. When asked what threatened what she loved most, she replied, “public education.” 

Her response echoed the verdict issued by New Mexico’s First Judicial District Court in its 2018 Yazzie/Martinez ruling: Indigenous students “will be irreparably harmed” if the State does not enact a comprehensive overhaul of public education. The Court ordered the State to implement the New Mexico Indian Education Act of 2003, which requires the New Mexico Public Education Department to collaborate with Tribes in providing a culturally and linguistically relevant education to Native students. 

Public education has long posed an existential threat to our Native children and to the cultural survival of Indigenous peoples. The recent discovery of mass graves at Indian boarding schools exposes only the most egregious atrocities committed in the name of Western education. After boarding schools came the forced integration of Native children into public schools.