Sen. Garcia collects per diem for meetings she barely attends

Posted 6/30/2006 02:15:00 PM

In a posting earlier this week about the proposal to pay legislators, I complained that some lawmakers attend committee meetings just to give quick speeches, collect per diem and leave.

I wasn’t planning to name names, until I read an article today in the Albuquerque Journal.

Sen. Mary Jane Garcia, D-Doña Ana, collected $26,000 in per diem last year – the most of any legislator in the state.

Why?

“I take my committees very seriously,” Garcia told the Journal. “I belong to eight interim committees.”

That’s right, and she’s a member of an additional five permanent committees, bringing the grand total to 13.

Sen. Cynthia Nava, D-Las Cruces, belongs to six committees. Sen. Mary Kay Papen, D-Las Cruces, belongs to eight. And Sen. Leonard “Lee” Rawson, R-Las Cruces, belongs to nine.

One could argue that Garcia has overextended herself.

Lawmakers collect $144 per day in per diem on trips, and are also reimbursed for mileage at a rate of 44.5 cents per mile.

That’s fine, if you’re doing work for the state.

But I can’t tell you how many times in my eight years as a journalist in this area people have complained to me about Garcia arriving late to conference committee meetings, staying long enough to give five-minute speeches, signing per-diem forms and leaving early.

I’ve heard it from legislators. I’ve heard it from other politicians. I’ve heard it from political watchers.

If my tax dollars are going to pay for a legislator to eat out and stay in a hotel while attending a conference committee meeting, I want that legislator to attend the entire meeting and listen to others, not just say her piece. Committee meetings should be forums for discussion and places where lawmakers attempt to reach consensus.

Serving on a bunch of interim committees is nice, especially if you’re seeking visibility and self-promotion. Actually taking part in the work of those committees is a completely different matter.

Magistrate Garza pays $600 fine a week late

Posted 6/30/2006 10:49:00 AM

Doña Ana County Magistrate Judge Carlos Garza paid a $600 fine Thursday – a week late – that was part of his discipline for improperly interfering in a case involving a woman with whom he had a personal relationship.

Judicial Standards Commission Director Jim Noel confirmed that his office “received a certified check” from Garza Thursday, “although it was a week late.”

The commission has filed a notice with the New Mexico Supreme Court indicating that Garza paid up. The commission filed a motion Monday seeking an order to show cause after Garza missed the June 22 deadline.

Garza, in a signed filing before the high court, admitted last month to improperly involving himself in a drunken driving case against the woman. He admitted to contacting two other magistrate judges assigned to the case at different times to discuss it with them and, in at least one instance, asked one to set a low bond or no bond.

Garza’s punishment also included a formal reprimand, six months of supervised probation and formal mentorship.

Though Garza admitted to the charges, he seemed to back off his admission days after the high court disciplined him, telling the Las Cruces Sun-News that “I know the difference between wrong and right in my job and I had to admit something for economic reasons.”

He also said the discipline was light because “the facts were very convoluted.”

Garza is unopposed in his re-election bid this year.

Pat Lyons’ view: ‘We must find a balance’ between preservation and development of Otero Mesa

Posted 6/30/2006 08:03:00 AM

Note: This is a guest column that was solicited from both candidates in the land commissioner race.

By Pat Lyons
Republican candidate for commissioner of public lands, and the incumbent

Most of the visitors to the area have been sportsmen like me who go to the area to hunt. The few full time occupants are families that have lived in the area for generations and are primarily engaged in cattle ranching.

If you scan through the official New Mexico Vacation Guide put out by the New Mexico Tourism Department you will find scant reference to Otero Mesa as a destination for any activity.

It is important to digest some history to comprehend the present battle over oil and gas development.

Lost in the discussion is the fact that wildcatters have been looking for the “big find” for many years dating back to before the 1950s, and the Bureau of Land Management has documented on the order of 100 wells that have been drilled in the area.

Descriptions of the area as “pristine” ignore the fact that Otero Mesa contains an active bombing range, hundreds of miles of roads, an oil pipeline that traverses through the area, numerous homes, power lines and a very large broadcasting antenna.

The ownership of Otero Mesa is primarily federal. The United States government owns approximately 2 million acres, and the state Land Office owns about 450,000 acres. The remaining acreage falls under private ownership.

Under the current proposal for development by the BLM, only 1,600 acres of surface estate would be disturbed, which is less than 1/10 of 1% of their total acreage.

Back in 1997 and 1998, the previous commissioner (Ray Powell) issued 80,000 acres of oil and gas leases. Payments made to the Land Office for bonus and rentals on its leases have been approximately $700,000, but the economic impact is much more significant than that. The BLM study of the effects of oil and gas development estimate there would be approximately 381 jobs during the exploration/development phase and 99 jobs during the production phase.

The regional economic impact would be over $30 million per year. The estimate for state royalty using current prices for oil and gas would be over $3 million per year, with a production life of approximately 20 years. These royalty figures are only for production on state trust lands and do not include any estimates for federal royalties or taxes that would be paid to the state.

The other potentially valuable resource in the area is the Salt Basin water which underlies part of Otero Mesa. The significant drought that has affected New Mexico in recent years has reemphasized that all water resources are precious and must be protected.

Much has been said that any oil and gas development would harm the Salt Basin water source, but this is more hype than fact. The New Mexico Oil Conservation Division approves thousands of new oil and gas wells every year in New Mexico, and each one is approved with the mandate that water resources shall be protected. We owe it to all our citizens to protect their sources for fresh water. If we cannot do that, then the OCD should not approve the drilling of wells anywhere in the state, much less at Otero Mesa.

As to the question of whether we preserve or drill at Otero Mesa, we must find a balance that preserves the character of the area and develops the resources in a sustainable way.

The current BLM plan calls for very limited development – 141 wells and 1,600 acres of disturbed surface, close monitoring of oil and gas activity and protection of the Salt Basin water resource. It is sustainable development in a time when we have critical need for reasonably priced energy supplies.

The calls for alternative energy and conservation are important factors in our future energy needs. I approved the first wind power turbines ever located on Land Office property and recently signed a lease that will bring the biggest solar energy facility in the world to New Mexico.

But we have to recognize that current demands for energy require finding new sources of supply. There were two significant discoveries of wells in the 1990s on Otero Mesa that have yet to produce an mcf of natural gas for consumers. There is a plan for development at Otero Mesa that does not sacrifice the environment or our energy needs.

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Jim Baca’s view: ‘We must protect this spectacular natural treasure,’ the Otero Mesa

Posted 6/30/2006 08:00:00 AM

Note: This is a guest column that was solicited from both candidates in the land commissioner race.

By Jim Baca
Democratic candidate for commissioner of public lands, and a former holder of that office

How valuable is the Otero Mesa to New Mexico's heritage?

Otero Mesa is extremely valuable not only to New Mexico’s natural heritage but also to America’s.

Otero Mesa represents the largest and wildest Chihuahuan desert grassland left on public lands in the United States. At 1.2 million acres in size, this vast landscape sustains the life of over 1,000 native wildlife species. Thousands of ancient archeological sites can also be found throughout the volcanic Cornudas Mountains in Otero Mesa as well as across the rolling hills and grasslands.

We must protect this spectacular natural treasure for future generations and to enhance our quality of life in New Mexico.

For families, hunting, hiking and camping is part of our quality of life in New Mexico. Protected, Otero Mesa provides hundreds of thousands of wilderness-quality acres for people to explore, discover and pass traditions from generation to generation.

Beyond its vast ecological importance, Otero Mesa holds the largest remaining fresh-water aquifer left in the state. This is a resource much more valuable to our future than oil and gas. Without water, we will have no future to look forward to.

How valuable is it to the economy?

In 2005, the Department of Tourism reported that the outdoor tourism industry generated $5 billion to state coffers.

It remains evident that more and more people are coming to the “Land of Enchantment” to experience our wild public lands. If we protect Otero Mesa we can then begin to promote its importance, much like we’ve done with White Sands and Carlsbad Caverns national monuments, which Otero Mesa happens to be in the middle of.

New businesses in Alamogordo could benefit from a protected Otero Mesa. Hunting, hiking, camping, horse backing trips, birding, petroglyph sight-seeing and numerous other recreational endeavors could produce sustainable revenue for local communities, whereas oil and gas lasts at best 40 years, leaves the landscape ravaged and results in minimal economic gain for local economies.

Otero Mesa is invaluable to the economy of New Mexico, as it is now recognized across the country and around the world for its ecological value.

What should be done with the Otero Mesa? Is it a place to preserve or drill, or can both be done at once?

We must protect Otero Mesa for its natural character, abundant wildlife, fresh water, and for the economic benefits it has to offer to surrounding communities.

Drilling for oil and gas in Otero Mesa cannot be done in an environmentally sound manner, period.

In 2001, the New Mexico Energy, Minerals and Natural Resources Department found that out of 734 cases of soil and groundwater contamination, oil and gas operations were responsible for 444, almost 60 percent. Furthermore, the Oil Conservation Division recently published a report, which shows a staggering 1,400 additional cases of groundwater contamination due to oil and gas operations.

Some irresponsible aspects of the Bureau of Land Management’s plan for Otero Mesa include:

• Relying on an unproven eye-in-the-sky pilot program to monitor Otero Mesa drilling from outer space.

• Not having the manpower on the ground to enforce regulations.

• Not considering geophysical/seismic activities “surface disturbing” even though such activities use heavy machinery and dynamite blasting.

• Having no clear definition for restoration and using non-native Otero Mesa species to reclaim disturbed areas.

Across our state ranchers and other users of public lands have seen the impacts and heavy hand of the oil and gas industry: groundwater contamination, air pollution and most dramatically, fragmentation of the landscape. In Southern New Mexico, rain is scant and restoration of lands takes generations, not years. The BLM, the agency in charge of monitoring drilling, has increased staff to give permits to oil companies, but has few people on the ground to enforce regulations.

Otero Mesa should be declared a national conservation area, which will not allow oil and gas development. Protected long-term, this area can be a magnet for wildlife, recreation, water and tourism and be a gift to generations yet to come.

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New LCPS superintendent is already working

Posted 6/29/2006 05:05:00 PM

Sonia Diaz believes fate brought her to Las Cruces.

The new Las Cruces Public Schools superintendent began work this week, though she doesn’t start getting paid until next week. You can tell by the look in her eyes and the tone in her voice that she is excited.

“I’m really hopeful about being here. I believe there’s a purpose for me to be here,” she said. “It certainly wasn’t on my itinerary.”

I met with Diaz briefly Thursday, our appointment sandwiched between her visit to Columbia Elementary to observe its summer school program and another appointment.

Though she doesn’t officially start work until Monday, Diaz is already busy. She arrived in town a week ago and is still looking for a home.

Her first impression of Las Cruces is positive. She said she likes the urban, diverse population here, and finds “a sense of serenity and stability” that she’s still trying to figure out. She loves the mountains.

“There’s something really spiritual and special about this place,” she said.

But on to the schools. Diaz has already decided to make a few changes. For example, she knows she wants to rebuild the wall in her office that Louis Martinez tore down when he was hired as superintendent. She wants to create welcome centers in each school, and have translators available for those who need them.

Diaz is going to wait awhile on bigger changes. She said she needs time to analyze the district’s operations and meet with administrators individually to get to know them.

One of Diaz’s main concerns is the budget. She comes from the East Coast, and finds education in New Mexico sorely underfunded. She’s right. Though our state spends more than half its money on education, it’s not nearly enough.

I think most notable from what others have told me and what I observed in my 30 minutes with Diaz is that she is incredibly well-educated. She is a deep thinker, a good communicator and comes across as warm and welcoming.

At the same time, I sensed humility. I think it comes in part from her belief that she didn’t orchestrate this change in her life, a move from Florida to the desert.

She said humility is part of an important balance in leadership.

“There are times when you have to be arrogant – when it’s about protecting and defending kids,” Diaz said. “The humility comes in knowing I’m a public servant and I’m here to make kids’ lives better.”

We need a debate on whether Doña Ana County Clerk Rita Torres is fit to continue serving

Posted 6/29/2006 12:10:00 PM

Local Democrats are discussing whether to ask Doña Ana County Clerk Rita Torres to resign because of concerns about her health and ongoing problems with elections.

I found none who would go on the record, but several confirmed that it’s being talked about.

As the county commission’s elections task force begins its work, the job Torres is doing needs to be discussed publicly, because it’s beyond the scope of the task force’s investigation and arguably the biggest problem with the elections bureau.

Torres, 76 and a Democrat, was the county clerk from 1992 to 2000. She was replaced by Ruben Ceballos, who resigned after being convicted of five felonies for mismanaging the 2002 primary election.

The commission appointed Torres to replace Ceballos in March 2004, and she was elected by voters later that year.

Health problems have prevented Torres from working full days since she was appointed. Most days she only works a few hours. Some days she doesn’t work at all.

That’s not illegal. State law only requires Torres, who is paid $56,950 this year, to be in the office one day each month.

But that’s not the sort of attendance record I want from the clerk paid with my tax dollars.

She misses many commission meetings, and has appeared to fall asleep at others. She is often hard to understand when reading the list of tort claims received by the county.

She usually refers questions from commissioners, reporters and others to staffers in her office. She has often responded to my questions about elections by saying she doesn’t know the answers and telling me to ask the elections bureau supervisor.

Contrast that with the county’s other elected officials, Democrat and Republican, who all speak with authority about what’s going on in their offices and the laws that govern them.

Torres doesn’t use a computer. I haven’t been to her office since she moved to the new governmental complex on Motel Boulevard last month, but in her old office, she had a calendar taped to the front of her computer monitor.

If there weren’t problems in the clerk’s office, Torres’ attendance and computer use would not be issues.

But the 2004 special audit of the county revealed that, for most of that year, the commission violated the Open Meetings Act by not preparing minutes of meetings in the time required by law. That’s a task assigned to the clerk’s office.

The problem continued through much of 2005, until the county manager hired extra workers to help Torres and her office catch up.

Granted, the problem was the result of an overworked staffer, but it’s Torres’ job to recognize such problems and reassign tasks or ask the commission and manager for help.

There have also been widespread problems with elections. I’m not going to detail them here, but I will say that, as far back as Torres’ first term as clerk, the office has been plagued by elections controversy. The 2000 and 2004 elections were disastrous.

The primary election earlier this month had fewer problems. It appeared that the additional staffers the commission added to that office’s budget in 2004 were making a difference, and former Elections Bureau Supervisor Mari Langford was finally getting things in order.

But there were still problems with polling places and workers, and Langford was apparently fired earlier this week. That wouldn’t have happened without approval of her boss Torres, even if it was pushed by county administration, because Torres is the elected official in charge of that office.

Is Langford, then, to be Torres’ scapegoat because some in her own party are pushing for her to step down?

I’m not defending Langford. I am arguing that getting rid of her won’t solve the problem. There’s a lack of leadership at the top.

Without Langford, the upcoming general election is probably going to be another mess, unless the county hires an excellent elections supervisor quickly so that office has time to adjust. The legislature and governor are constantly changing election laws, and the switch to paper ballots is certain to cause problems.

At Tuesday’s commission meeting, at which commissioners appointed members to the elections task force, Torres made several comments I think were intended to assert her office’s independence.

Her comments didn’t come across that way.

Instead, Torres was difficult to understand, because her words were hard to hear and her statements seemed random and off point. Some in attendance were baffled. Others weren’t surprised because it’s what they’ve come to expect.

We need a clerk who has the health and stamina to run elections and perform all the other duties expected of the clerk in the second largest county in the state.

I don’t raise this issue to be mean. I think the situation is very sad. But the power Torres holds is too important for the problems remain unaddressed. Republicans have been vocally saying Torres is incompetent since she was appointed in 2004. Many Democrats have been saying the same, though in private, for the past two years.

I’m not calling for Torres to resign, or for voters to send her home in two years. I’m asking for an honest debate on what should be done. Democrats and Republicans on the commission have indicated that they are fed up with the problems in the clerk’s office and want to know what can be done to address them.

Their task force will find some procedural problems and will likely make valuable suggestions for change.

But there’s something to be said for good leadership. Without it, additional policies and procedures won’t help.

After meeting with governor, Denish considering running against Domenici in 2008

Posted 6/29/2006 07:48:00 AM

Lieutenant Gov. Diane Denish is seriously considering running against Sen. Pete Domenici, R-N.M., in 2008.

A source who would know about such things told me Wednesday that Gov. Bill Richardson, incensed because he believes the senator was involved in the Damron/Dendahl swicheroo, met with Denish last week to ask her to consider running against Domenici.

“It’s something she will definitely consider,” the source told me.

Political blogger Joe Monahan reported earlier this week that Richardson is seeking a Democrat to take on Domenici in 2008. Richardson and Domenici had a long-standing truce, until the gubernatorial switcheroo earlier this month.

Domenici called Richardson last week to tell him he wasn’t involved in J.R. Damron dropping out of the gubernatorial race or the Republican Party’s decision to replace him with fireball John Dendahl, the source told me. Richardson doesn’t believe him.

“The governor has always stayed out of Senator Domenici’s races in the past, but he just sees too many signals of Domenici involvement, or at least Steve Bell’s involvement,” the source said.

Bell is Domenici’s chief political operative.

Dendahl has said Bell was involved in the switch, and most doubt the party would make such a bold move without the blessing of Domenici, the party’s daddy.

Many speculate that the switch isn’t about winning the governor’s race, but is about smearing Richardson to kill his potential 2008 presidential bid. Dendahl is controversial for his brutal political assaults.

Domenici, 74, recently announced he’ll see a seventh, six-year term in 2008. He was first elected to the office in 1972 by beating Denish’s father.

Paying legislators might change political culture

Posted 6/28/2006 03:24:00 PM

Paying legislators is one of the proposals being discussed by Gov. Bill Richardson’s task force on ethics reform. It’s an idea worth consideration.

Because New Mexico does not pay its legislators, we have a class of people drafting our laws and setting the budget who are not representative of the state’s citizens. In general, only the wealthy, successfully self-employed, retired and top government employees can afford to serve, especially in districts far from Santa Fe, where travel is expensive and timely.

Paying legislators would give more New Mexicans the ability to serve, which could increase competition for seats and push our legislators to follow higher ethical standards. We have many excellent legislators, but others show up for committee meetings just to give speeches, collect per diem and leave.

On the flip side, we must not create a full-time legislature. The last thing we need is an elite class of representatives who spend almost all their time in Santa Fe and don’t understand the needs of their districts. Creating a full-time legislature would motivate some to seek office for the pay, not because they want to serve.

In this year’s session, State Sen. Leonard “Lee” Rawson, R-Las Cruces, proposed a Constitutional amendment that, if approved by voters, would create a salary for state legislators equal to 15 percent of the salary paid to federal lawmakers. This year, that would have resulted in an annual salary of $24,780.

It would have cost us $2.8 million to pay that to our 112 legislators this year, a reasonable expense in a $5.2 billion budget.

Rawson is aware of the complexities of this issue. He said he doesn’t necessarily support paying legislators, but wanted to start a discussion.

“The legislature no longer represents the population in New Mexico,” Rawson said. “We need to reassess.”

Rawson, a longtime lawmaker, realizes that giving more New Mexicans the ability to run for legislative seats and breaking up what he calls the “good-ol’-boy network” could mean more challenges to his position.

But he said that’s OK.

“There are a lot of people in my district who could do every bit as good a job as I believe I’m doing, but can’t simply because they’re too busy taking care of their responsibilities,” he said.

Paying lawmakers could change the culture of the legislature. Though some legislators support opening conference committees to the public, the House and Senate won’t allow that because the majority of legislators like being behind closed doors when they finalize bills.

That’s the sort of attitude that is born at the Roundhouse and has become the norm in New Mexico politics on the state and local level.

That’s wrong. The public deserves to know how and why decisions are made. A legislature populated by more everyday citizens might be inclined to give the public access and input.

The ethics task force is considering other proposals, including banning some gifts, limiting campaign contributions and enacting tougher campaign finance reporting laws. It will make recommendations to the governor and legislature before the start of the next session.

We can place more regulations and requirements on our public officials, but rules can always be broken by the bad. Too many rules can discourage those who are honest from running for office.

I’m not against banning gifts, limiting contributions and increasing reporting requirements. Those proposals would benefit the state.

But rules alone can’t change a culture.

The voters would have to approve legislative salaries. Convincing them to pay lawmakers many don’t trust might be difficult, but this is the most important proposal before Richardson’s ethics task force.

Creating a more ethical political culture, not enacting more rules, should be the goal.

County ends online access to many public records

Posted 6/28/2006 11:14:00 AM

Doña Ana County plans to stop making available on its Web site many public records because of concerns that some contain social security numbers.

This is a step backward for a county that was way ahead of others in offering the public such access to public records.

Concerns were first raised at Tuesday’s commission meeting by Commissioner Bill McCamley. He was recently contacted by a constituent who found his own social security number on a home-mortgage document on the county’s Web site. McCamley said he was concerned about identity theft and thought the county should consider taking down the site.

County Manager Brian Haines, County Clerk Rita Torres and Assessor Gary Perez decided Wednesday morning to do that.

“I think this is the prudent thing to do. The privacy and safety of our citizens has to come as our top priority,” McCamley told me Wednesday. “That being said, we’re going to do everything we possibly can to come up with a solution.”

The change will cause a huge headache for title and mortgage companies, who rely on the site. They threw a fit in 2002 when the site went down for several months.

The county apparently plans to give some sort of special Web access to title and mortgage companies in the future. It’s the public that will have to visit the clerks’ office and thumb through paper records.

I’ve used this site extensively, and it’s rare to come across a social security number on any document. Such information is no longer collected, and exists only on public records that are several years old.

And those same documents, with the same social security numbers, will still exist in the clerk’s office.

I doubt putting those social security numbers online has resulted in identity theft. Those who are after specific social security numbers most often subscribe to private services that give them access to state Motor Vehicle Division records. Those who are after a slew of numbers steal them from credit card databases and other locations.

Most commonly, online identity theft involves credit and debit card numbers, not social security numbers.

Some commissioners said Tuesday they want the state to change the law that prevents them from altering public records, so they can redact social security numbers from these records and feel comfortable with them being available online. It’s an idea that should be discussed. McCamley also suggested to me the possibility of putting back online only records that don’t contain social security numbers, once the documents are sorted out.

But taking the service offline in the meantime, when there hasn’t been a known problem with identity theft using the county Web site, is a bad idea.

The reality is that public records are public. Technology is shifting to the Internet. In the future, all public records will be available online, regardless of whether they contain information some don’t like them containing.

How, then, will we be protected from identity theft? There are already lots of systems in place to do that. There are also ways people can protect themselves. They should be checking their bank accounts online daily. They should check their credit reports periodically.

Dumpster diving is another way people’s identities are stolen, and that’s why it’s important that records be destroyed before being thrown away.

Magistrate Garza misses deadline to pay fine, could face further trouble

Posted 6/28/2006 08:25:00 AM

Doña Ana County Magistrate Judge Carlos Garza apparently missed the deadline to pay a $600 fine that was part of his discipline for improperly interfering in a case involving a woman with whom he had a personal relationship.

Garza had until June 22 to pay the fine.

The Judicial Standards Commission filed a motion Monday with the New Mexico Supreme Court seeking an order to show cause. If the court issues an order, and Garza’s response doesn’t satisfy justices, they could hold him in contempt, suspend him until he pays the fine or take other action.

The high court has not yet responded to the commission’s motion.

Garza, in a signed filing before the high court, admitted last month to improperly involving himself in a drunken driving case against the woman. He admitted to contacting two other magistrate judges assigned to the case at different times to discuss it with them and, in at least one instance, asked one to set a low bond or no bond.

Garza’s punishment also included a formal reprimand, six months of supervised probation and formal mentorship.

Though Garza admitted to the charges, he seemed to back off his admission days after the high court disciplined him, telling the Las Cruces Sun-News that “I know the difference between wrong and right in my job and I had to admit something for economic reasons.”

He also said the discipline was light because “the facts were very convoluted.”

Garza is unopposed in his re-election bid this year.

Galvan doesn’t respond to petition to ban him from judicial office

Posted 6/28/2006 08:16:00 AM

Former Doña Ana County Magistrate Judge Reuben Galvan didn’t respond to a petition asking the New Mexico Supreme Court to ban him from holding judicial office again.

Now, the Judicial Standards Commission has filed a motion asking the court to put the ban in place. Galvan had until June 16 to file a written response to the original petition.

Galvan resigned last year amid allegations that he raped and solicited a bribe from a Las Cruces woman in August 2004. After two hung juries, prosecutors dropped the criminal charges.

Galvan admitted in a statement to police to actions that may violate the judicial code of conduct. While drinking and flirting in a bar, he discussed with the woman a pending battery case against her husband, though she was the alleged victim in that case. He had sex with the woman, though she and her husband had been married two months earlier by Galvan.

He also took the woman for a ride in his Porsche, though he told police he had too much to drink before driving.

Before the rape allegation surfaced, Galvan was barred from hearing criminal cases for a time because he had a sexual relationship with an assistant district attorney while hearing cases she was prosecuting. He also has two prior drunken driving convictions.

Interim committee vote puts pressure on House Speaker Lujan to remove council appointee

Posted 6/27/2006 05:16:00 PM

Region III Housing Authority Director Vincent “Smiley” Gallegos is again under fire, and this time there’s pressure for Speaker of the House Ben Lujan to take action.

Gallegos has been embroiled in controversy related to his management of the Las Cruces-based Region VII Housing Authority and the Region III authority in Albuquerque. Perhaps most concerning is that Region III recently defaulted on a $2.5 million bond payment it owed the state.

That probably came in part because Region III has loaned Region VII some $700,000 that the Las Cruces authority has been unable to repay.

The missed bond payment prompted the interim Legislative Mortgage Finance Authority Act Oversight Committee to take action last week.

Gallegos serves on an advisory council to the finance authority. That council is composed of nine members, three appointed each by the governor, speaker of the House and pro-temp of the Senate.

Lujan appointed Gallegos to the council.

Sen. Leonard “Lee” Rawson, R-Las Cruces, proposed that the committee ask Lujan to remove Gallegos from the council. The bipartisan legislative committee voted unanimously to write a letter to Lujan making that request.

The committee includes House Democrats Fred Luna, who serves as chair; Harriet Ruiz, Bobby Gonzales, and Dan Silva, according to the committee’s Web site.

“We know that he’s having financial difficulties,” Rawson said Tuesday of Gallegos. “Therefore, we probably need to have another member serve until he gets his finances together. … It’s not a partisan issue. It’s a good government issue.”

The governor’s office completed last week its review of the state housing authorities, and said problems will make it difficult if not impossible for them to survive. The review cited operational troubles and financial losses at the authority based in Albuquerque, mismanagement and disarray at the authority based in Las Cruces, and questions about operations of a related non-profit that does much of the construction for the authorities, Housing Enterprises, Inc.

The review recommended the creation of an agency to oversee the authorities.

The authority in Las Cruces has done little about the housing problem while building up massive debt, and infighting has led to Gallegos suing one of the Las Cruces board members, Frances Williams, for slander. The lawsuit is pending.

In addition to the governor’s review, the State Investment Council is reviewing the situation, and the attorney general’s office is investigating allegations of fraud and other issues related to Housing Enterprises.

The authorities are quasi state agencies. They are supposed to be funded by bonds that are repaid with profits from home sales, so no tax dollars are used. The governor appoints housing authority board members.

Gallegos, a former state legislator, makes more than $158,000 per year from the housing authority corporations. He is also a registered lobbyist in New Mexico who, sources tell me, spends a lot of time in Lujan’s office during legislative sessions.

And that’s where this gets most interesting.

Remember that there are a group of House Democrats fed up with Lujan’s leadership. Upset that he slipped a $75 million appropriation into this year’s capital outlay bill without their knowledge, they want to remove Lujan as House speaker.

The governor was also upset and vetoed the appropriation.

Those who want to unseat Lujan will be watching to see how he responds to the committee’s letter. If he doesn’t take Gallegos off the council, he risks associating himself further with a man plagued by scandal at a time when the public is fed up with political corruption.

Rep. Dan Foley, R-Roswell and a member of the legislative committee that is requesting Gallegos’ removal, said Lujan needs to act.

“Both Republicans and Democrats in the legislature are seeing the need for those involved in the public corruption scheme to be removed,” he said.

University will be site of convention center

Posted 6/27/2006 02:51:00 PM

Congratulations to New Mexico State University for the city’s selection of the west end of campus for its new convention center. President Michael Martin and university staffers have worked hard to make this happen, and it’s going to reshape campus.

The Las Cruces City Council decided Monday to build its long-delayed convention center on 11 acres primarily used for agricultural research just east of the I-10 bridge over University Avenue.

There are many agricultural buildings (and staffers) that are going to have to be transplanted. Many won’t be happy about it.

But placing the convention center there, on the city’s southwest side, makes sense. The east side of the city is growing fast enough without the convention center. In the past few years a Wal-Mart and a new hotel have gone up near where the convention center will be built, and the facility will be a big boost to tourism in the Mesilla area.

It will also aid Martin’s goal of building a performing arts center on campus, which could be built on the west end and share parking with the convention center.

Lots of big changes are happening on campus.

Nine appointed to county election task force

Posted 6/27/2006 02:38:00 PM

Four Democrats, four Republicans and an independent with an interesting past have been appointed to Doña Ana County’s task force to study problems with the primary election.

Commissioners appointed the members during Tuesday’s meeting. The task force becomes official a day after the apparent firing of the county’s elections supervisor, Mari Langford. Chief Deputy Clerk Cecilia Madrid will serve in that capacity for now, and will assist the task force, while also settling the office after its move to the new building and preparing for the November general election.

The county clerk’s office has been under fire since the primary election earlier this month. Though there were fewer problems than in past elections, there were still issues with polling places and workers.

The task force is assigned to examine everything from pre-election planning to post-election reporting and recommend changes to the commission. The commission can’t force the changes on Clerk Rita Torres, who is elected, but does control her budget.

I believe Torres tried to assert her office’s independence at Tuesday’s meeting, but much of what she said wasn’t understood by many in attendance, including me.

“I can agree very well with everybody,” Torres said, “but I am the one that’s going to decide.”

Judy Baker, an active Democrat and poll worker who is also a revenue agent for the IRS, was one of those appointed to the task force.

“I know how difficult it is, and what a task they have before them,” she said.

The appointees include Felicia Ybarra, who works at New Mexico State University as the director of presidential events and is a former student regent. She was appointed to the position by Gov. Bill Richardson several years ago after she switched parties from Democrat to independent to be eligible (no more than three members of the board can be from the same party).

Because he didn’t like some of her votes, Richardson later tried to remove Ybarra from the board, using the signed, undated resignation letter he required Ybarra and all other appointees at the time to sign before being appointed. Ybarra stood up to the governor and, with the aid of many, including Republican Sen. Rod Adair and Attorney General Patricia Madrid, a Democrat, convinced the governor to back off.

Madrid later declared the resignation letters illegal.

Ybarra has remained an independent and should bring an interesting perspective to the task force. I’m glad to have Ybarra and another young person, Republican David Lutz, on this committee. More young people should be involved in the political system.

Here’s a full list of members:

Democrats

• Melinda Whitley, county party chair

• Lynn Ellins, chair of Southern New Mexico Common Cause

• Judy Baker

• Vicki Harder, a poll worker in the Santa Teresa area

Republicans

• Sid Goddard, county party chair

• Connie Lee, president of the League of Women Voters of Las Cruces

• David Lutz

• Maria Silva Sutton, a former state representative candidate and poll worker

Independent

• Felicia Ybarra

Judge Murphy to start at end of July

Posted 6/27/2006 07:19:00 AM

Newly appointed District Judge Michael Murphy of Las Cruces plans to start work at the end of July, he said Monday.

Murphy said he needs time to ensure that his clients transition to new attorneys and don’t miss court hearings. He sounds excited as he speaks about being a judge.

“I’m extremely excited about the prospect of service to the people of Doña Ana County,” he said. “It’s my home, and I love it here.”

Murphy was appointed by the governor last week to fill a vacancy created by the resignation of Larry Ramirez, who was plagued by allegations of sexual harassment and making inappropriate comments. Murphy is running unopposed in the November general election.

When asked by Chief Presiding District Judge Robert E. Robles during his interview last week with the judicial nominating commission, Murphy said he has a tendency to make “locker-room jokes.”

Many have expressed concern about that, especially in light of the Ramirez situation. The fact that Robles asked Murphy about it indicates that he takes such comments seriously.

Murphy said Monday there is a difference between “what is appropriate in the private setting and what is appropriate in court,” and during his career of more than 30 years he has never been accused of making improper comments in court.

“I don’t see it as an issue,” Murphy said. “There’s not going to be a repeat of any prior unpleasantness.”

Murphy said he hasn’t been officially assigned to the children’s court, as far as he knows. His expertise is domestic relations, and some have suggested Murphy might be more comfortable there than in the children’s court.

Though Ramirez was a children’s court judge, Robles could reassign judges, should they want to trade duties.

“Obviously, you meet the needs of the court,” Murphy said. “It’s all part of a big team over there.”

BREAKING NEWS: County Elections Bureau Supervisor Langford suspended, future unclear

Posted 6/26/2006 02:30:00 PM

Doña Ana County Elections Bureau Supervisor Mari Langford has been removed from her position and placed on paid administrative leave.

“Doña Ana County has informed Mari Langford-Pavão that she has been relieved of her duties as Doña Ana County’s supervisor of elections and has been placed on paid administrative leave pending the outcome of a personnel matter,” County spokesman Jess Williams said. “Because it is a personnel matter, Doña Ana County cannot release any further details. Doña Ana County anticipates the matter will be finalized within two weeks’ time.”

The action was taken Monday morning. By 2 p.m., Langford’s county issued cellular telephone and e-mail address had been taken out of service, indicating that this is probably more than a suspension. When county employs are given notice of termination, they have two weeks to appeal.

Langford could not be reached for comment.

For now, Chief Deputy Clerk Cecilia Madrid is in charge of the elections bureau, Williams said.

The county clerk’s office has been under fire since the primary election earlier this month. Though there were fewer problems than in past elections, there were still issues with polling places and workers, prompting commissioners to issue harsh criticism of the clerk’s office and form a task force to study the election and make recommended changes for future elections.

The commission is set to appoint members to that task force at Tuesday’s meeting.

This is the second personnel issue involving Langford in recent months. She was one of six employees given notice on Oct. 14 of last year of the county’s intent to fire them on allegations that they lied to gain health insurance for ineligible dependents.

In Langford’s case, the allegation was that she claimed her partner as a spouse though the two were not married. Langford provided proof of her marriage and kept her job.

An earlier version of this posting incorrectly stated that Langford appealed the October notice of intent to fire. Because she provided proof of marriage, she did not have to appeal.