2021 Legislative Update: Overhaul Bill Of New Civil Rights Act Goes To Full House For Vote; No Individual Accountability Provisions; New Civil Rights Act A Solution Looking For “A Deep Pocket” And Attorney Fees.

It has been reported that the Civil Rights Act will be voted upon by the full New Mexico House of representatives after it was voted out of the House Judiciary Committee on an 8 – 4 vote with a do pass recommendation.

https://www.abqjournal.com/2357524/notorious-child-abuse-case-cited-in-civil-rights-debate.html

HOUSE BILL 4

House Bill 4 was introduced for consideration in the 2021 New Mexico Legislature enacting a “New Mexico Civil Rights Act.” New Mexico House Speaker Brian Egolf and Representative Georgene Louis, D-Albuquerque are the sponsors of Bill 4.

As originally proposed, the New Mexico Civil Rights Act would allow plaintiffs to file a lawsuit in state court against a public body or government employee to recover damages for violations of civil rights under the New Mexico State Constitution. Government employees of all types could be sued: police, fire fighters, teachers, social workers and health care providers who work for government entities and hospitals to mention a few. Public bodies and agencies already can be sued in federal court for violating the United States Constitutional rights and plaintiffs can recover monetary damages if they’re successful. However, New Mexico does not have a similar state law allowing the victims of state constitutional violations to recover damages in state court.

The New Mexico Civil Rights Act would allow legal claims to be filed in State District Court over alleged infringements of free speech, freedom of religion and other constitutional rights. According a legislative analysis of the bill, the New Mexico Constitution may offer broader causes of action or cover rights that don’t exist under federal law. The practical effect under the current law is that whenever wrongful death case is filed involving a police officer shooting and civil rights violations, the case is removed to federal court where federal case law applies. In the state of New Mexico, the overwhelming number of police officer involved shooting cases result in settlements and no jury trials.

CREATING A NEW CAUSE OF ACTION

The proposed state Civil Rights Act will create a separate state cause of action and in turn a framework to recover damages for alleged constitutional infringements under state law. The proposed law would allow plaintiffs to seek only compensatory or actual damages, but not punitive damages. In other words, judgments secured in a state court cause of action would only be the actual damages and costs associated with the injuries, such as medical bills for injuries, losses income or wages and property damage.

The primary purpose of the new Civil Rights Act is to prohibit the “qualified immunity” doctrine in a state cause of action that does not exist yet but will be created under the new state civil rights act. The defense of “qualified immunity” would not be allowed as a defense that would cover virtually all government employees, not just law enforcement. Normally, affirmative defenses to a civil lawsuit are allowed. An affirmative defense is a fact or set of facts other than those alleged by a plaintiff if proven by the defendant that defeats or mitigates the legal consequences of the defendant’s otherwise unlawful conduct.

Qualified immunity is a type of legal immunity created that shields government officials from being held personally liable for constitutional violations. In 1982, the United State Supreme Court in the landmark case of Harlow v. Fitzgerald, 457 U.S. 800 (1982), held that federal government officials are entitled to qualified immunity. The Court reasoned that “the need to protect officials who are required to exercise discretion and the related public interest in encouraging the vigorous exercise of official authority.”

House Bill 4 has generated stiff opposition from government agencies. City, County law enforcement agencies and government employee unions objected to and were particularly critical of the provision that would eliminate “qualified immunity”.

On Monday, January 25, the New Mexico Civil Rights Act, House Bill 4, passed the State Government, Elections and Indian Affairs Committee on a 5-3 vote.

SUBSTITUTE BILL INTRODUCED AND VOTED OUT OF COMMITTEE

On Friday, February 5, a substitute Bill 4 was introduced that overhauls the original civil rights bill that would prohibit “qualified immunity” as a defense to legal claims filed against government agencies. The substitute bill caps damages at $2 million. The $2 Million cap is intended to eliminate concerns about potentially financial impacts on local governments.

In another major change to House Bill 4, legal claims brought under the proposed New Mexico Civil Rights Act could only be filed against a government agency, not an individual employee. The revised version also prohibits public employees from using the Civil Rights Act to bring claims against their public employer.

On February 8, Members of the House Judiciary Committee voted 8-4 to support a revamped bill that would allow New Mexicans to sue government agencies they believe have violated their civil rights.

https://nmpoliticalreport.com/2021/02/09/new-mexico-house-committee-advances-revamped-civil-rights-bill/

ARGUMENTS MADE IN SUPPORT OF SUBSTITUTE CIVIL RIGHTS ACT

House Speaker Brian Egolf, one of the 2 sponsors of the bill had this to say about all the changes in the substitute bill:

“We’re working to strike a balance between the needs of New Mexicans to have access to justice in a state court with the concerns that had been raised by counties and cities and state agencies. … This is a series of compromises that we’re making because we want people to feel that their voice is being heard in a legislative process and that we’re being responsive as concerns are raised. …”

There’s already lots of statutes that give public employees an ability to bring a claim against their public employer. … [Government employees can also file claims under federal law] We’re going to leave those in place and clarify that the Civil Rights Act is not meant to supplant those.”

Maureen Sanders, a prominent and respected civil rights attorney had this to say:

[The opposition from government agencies] is that this will cost the state and local governments money and may even end up in bankruptcy [for] cities and villages and towns. … There’s just been no evidence of that. … What we have here is a lot of ‘sky is falling’ speculation provided by the local government entities and forgetting the importance of this legislation to the people within their jurisdictions.”

Brenda Boatman, community engagement director for Americans for Prosperity New Mexico, a conservative-leaning organization, said New Mexico needs a civil rights bill. She said people and organizations from across the political spectrum agree the criminal justice system needs improvements and added:

“When someone acting in an official government capacity, such as a police officer, violates a citizen’s constitutional rights, certain laws and immunities protect them from liability, regardless of the damage they’ve caused to regular New Mexicans. … This undermines individual rights, allows wrongdoers to escape accountability and leaves victims … with no way to address the injustice in court.”

Boatman said the bill would help right the wrongs of people whose constitutional rights have been violated.

“Have you ever heard the phrase, ‘Ignorance of the law is no excuse’? A citizen cannot walk into court and use the defense, ‘I didn’t know it was illegal. Why then should government actors be able to essentially use this defense, simply because our court hasn’t ruled on almost the exact same set of circumstances? This bill would put an end to that, allowing New Mexicans that have had their constitutional rights violated to at least have their day in court.”

https://nmpoliticalreport.com/2021/02/06/overhauled-civil-rights-bill-would-cap-damages-at-2-million-in-new-mexico/

COUNTY AND MUNICIPALITY OPPOSITION

Representatives from the Association of Counties and the New Mexico Municipal League told the house committee the proposed Civil Rights Act would allow suits without a cap on damages and provide for the recovery of attorney fees. At least the substitute bill caps it at $2 Million, but that is twice the New Mexico Tort Claims Act. City and county representatives said they can already be held accountable in state court for law enforcement misconduct. Both the county and city associations said the Civil Rights Act is not needed in that plaintiffs can file under the state tort claims act for violations of the state constitution, though damages are capped at $1 million.

THE ASSOCIATION OF COUNTIES OPPOSITION

The state Association of Counties helps insure 29 of the 33 county governments in New Mexico. The Association estimates the cost of litigating and setting civil rights claims would jump a whopping 66%, upwards of $13 million a year.

Grace Philips, General Counsel for the New Mexico Association of Counties (NMAC), said New Mexico counties are already being warned by their insurance providers that they will lose their “law enforcement insurance” coverage if the bill is passed and signed into law. The insurance is an extra set of insurance called reinsurance and is essentially insurance for an insurer.

Philips told the house committee that the loss of extra insurance coverage for the counties of Bernalillo, Santa Fe and Doña Ana counties, would mean they would have just $2 million to respond to law enforcement and detention claims, down from the $10 million coverage the counties now have. According to Phillips:

“You can already sue law enforcement. .., All [the legislation] does is make those cases more expensive and more profitable for attorneys who would be allowed to collect their fees on top of whatever the lawyer got for their client. … It reduces monies available to compensate people who are harmed. … and when counties don’t have insurance coverage to pay claims, the money to pay claims comes directly from the county budget. … Legal judgments could also be assessed on property taxes.”

The link to news source for quotes is here:

https://www.abqjournal.com/2354365/taxpayer-impact-of-civil-rights-bill-sparks-debate.html

THE NEW MEXICO MUNICIPAL LEAGUE OPPOSITION

AJ Forte, executive director of the Municipal League and a former risk management director for the state, told the house committee the civil rights claims could be enormous. Forte noted New Mexico’s largest ever jury award was awarded in a wrongful death case involving the FedEx shipping company with a judgment totaling $165 million. According to Forte:

“If a jury decides that a constitutional violation is worth, say, $165 million, as they did in the FedEx case … we’ll no longer be talking about cost to insure; there just won’t be any money left. There is no liability fund in the state that has such a balance.”

AJ Forte also had this to say about the substitute bill:

“There’s no reform on this bill. … There’s nothing on the front end to stop violations from happening in the first place.”

The links to news source quotes are here:

https://nmpoliticalreport.com/2021/02/09/new-mexico-house-committee-advances-revamped-civil-rights-bill/

https://www.abqjournal.com/2354365/taxpayer-impact-of-civil-rights-bill-sparks-debate.html

https://www.petedinelli.com/2021/02/02/speaker-of-the-house-brian-egolf-ignores-appearance-of-impropriety-with-sponsorship-of-new-mexico-civil-rights-act-civil-rights-act-creating-solution-looking-for-a-problem/

COMMENTARY AND ANALYSIS

The comments from Maureen Sanders and Brenda Boatman are coming from two opposite ends of the political spectrum. Attorney Maureen Sanders is a highly respected trial attorney and a progressive and Brenda Boatman is from the respected conservative Americans for Prosperity New Mexico, but both having their eyes on “deep pockets” of the taxpayer. What they want to do is simply make it easier to collect large judgments and attorney fees from government and taxpayer without really holding the government employee responsible for unconstitutional conduct and damages.

The comments from attorney Maureen Sanders are worth repeating:

[The opposition from government agencies] is that this will cost the state and local governments money and may even end up in bankruptcy [for] cities and villages and towns. … There’s just been no evidence of that. … . … What we have here is a lot of ‘sky is falling’ speculation provided by the local government entities”

To repeat:

“… no evidence … that this will cost the state and local governments money and may even end up in bankruptcy … What we have here is a lot of ‘sky is falling’ speculation”.

Really? Really?? The truth is that there is more than enough evidence of excessive judgments against government entities for police misconduct and shootings that have cost millions over the years.

Albuquerque police have shot more than 50 people since 2010, at least 31 of them fatally. Over a period of 10 years, the city of Albuquerque paid out $64 Million in 19 cases for excessive use of force and violations of civil rights. It’s those cases that in part that resulted in the Department of Justice investigating and found in 2014 that APD had a “culture of aggression.” Lawsuits stemming from police shootings have cost taxpayers more than $25 million in recent years.

The comments of Brenda Boatman are also worth repeating:

“When someone acting in an official government capacity, such as a police officer, violates a citizen’s constitutional rights, certain laws and immunities protect them from liability, regardless of the damage they’ve caused to regular New Mexicans. … This undermines individual rights, allows wrongdoers to escape accountability and leaves victims … with no way to address the injustice in court.”

Boatman’s arguments are as equally bogus as that of Maureen Sanders. The truth is that “victims” do have a way to address injustice in both state court and federal court and they do so with tremendous success. Boatman, like Sanders, is more interested in abolishing a defense in order to make it easier to recover in state court.

COSTLY PAYOUTS

The City of Albuquerque, Bernalillo County and the State have paid out large judgments costing millions, especially for police use of deadly force. Just 4 cases have cost $21 Million in out of court settlements for law enforcement use of deadly force cases. Another case involving the death of a child and the State’s Children Youth and Families Department has cost the state at least $1million. Those cases reflect the current system does in fact work, those who get injured do get their day in court and they get compensated. Following is the listing of 5 such cases:

1. On January 27, 2014, it was reported that a $10.5 million dollar judgment that was appeal by the City of Albuquerque was settled by the city for $7.5 million for the police shooting and killing. In 2010 US Army Veteran Kenneth Ellis, ll was shot and killed by an Albuquerque police officer when he had a gun pressed against his temple. Ellis was a veteran of the Iraq War who was suffering from post-traumatic stress disorder (PTSD).

https://www.koat.com/article/report-city-agrees-to-settlement-in-ellis-case/5053797

2. On July 15, 2015, the city has agreed to pay $5 million to the family of James Boyd, a homeless camper who was shot and killed by Albuquerque police in the Sandia Foothills on March 16, 2014. Boyd was armed with a knife in each hand, a 15-hour standoff occurred and 2 SWAT Officers shot him dead after flash bangs were detonated and the K-9 Unit was dispatched. The shooting made national headlines with police lapel camera footage capturing the incident.

https://www.abqjournal.com/610827/albuquerque-reaches-settlement-in-lawsuit-over-james-boyds-death.html

3. The January 18, 2017, a $5 Million settlement was made with the family of Mary Hawkes, a 19-year-old woman who was shot and killed by police during a foot chase in 2014. The settlement resolves the lawsuit filed by her family against both the city and then APD officer Jeremy Dear who at the time did not have his body camera on.

https://www.abqjournal.com/1120552/hawkes-family-settles-lawsuit-fatal-apd-shooting.html

4. On March 7, 2020, it was reported that the Bernalillo County Sheriff’s Office agreed to pay the family of Elisha Lucero, 28, $4 Million to settle the case. Lucero was shot in front of her family’s south valley home after a family member called 911 in July of 2019. Lucero’s family said she struggled with mental illness, the sheriff says Lucero charged at deputies with a knife. The BCSO officers were not wearing body cameras.

https://www.kob.com/albuquerque-news/family-of-elisha-lucero-settles-case-with-bcso-for-4m-/5667056/

5. In 2013, 9-year-old Omaree Varela was kicked to death by his mother. Litigation was filed which accused two social workers and the state “Children, Youth and Families Department of violating Omaree’s rights by placing him in a dangerous home. A federal judge dismissed the lawsuit in 2016 citing qualified immunity for the government employees which hinged on weather the social workers knew or should have known that their conduct would violate the child’s clearly established rights. Notwithstanding the federal court dismissal, the case continued in State Court and the case was settled in a confidential settlement with the terms of the settlement not disclosed. It’s likely the case was settled for at least $1 million under the New Mexico Tort claims act.

https://www.abqjournal.com/2357524/notorious-child-abuse-case-cited-in-civil-rights-debate.html

Upwards of $90 million in settlement payouts is a lot of “money green” blue sky that is falling that in all likely hood would have gone a long, long ways to provide essential services or social services.

NO INDIVIDUAL ACCOUNTABLITY PROVISIONS

Absent from the originally proposed civil rights act and the substitute bill is any provision that would actually hold a government employee truly liable and accountable for damages they have caused another. All the act does is create a cause of action, prohibits qualified immunity and mandates government to pay. There is no personal liability nor other types of penalties to hold the individual employee accountable for wrongful conduct and violations of civil rights and constitutional rights.

Absent from the legislation is any preventative measures directed at the government employee or services such as training, expanded behavioral health services and decertification’s and terminations of the employee. All that the legislation provides for is to pay out claims with no provisions that would prevent violations from happening in the first place.

Then there is the matter as to what extent do you want to hold a government employee personally liable for violations of constitutional rights? Do you make that person individually, jointly or severally liable to pay damages awarded? Should government pensions be forfeited? There are options many would likely feel go too far and are just punishment and not restitution while others would say it is justified if a person is dead because of the negligent conduct of the government employee.

Other types of penalties could easily be included such as mandatory termination from government employment, suspension of professional licenses such as licenses to practice law, medical licenses, teacher licenses, law enforcement licenses and certifications and trade licenses all issued and regulated by the state under existing law. As it stands now under the proposed civil rights act, government will still bear the responsibility to defend and pay the judgments and settlements, and in turn its the taxpayer who is paying. If accountability is truly what the Civil Rights Act is intended for, and what plaintiff trial attorneys want, it sure does look like the real goal is to make recover a lot easily from a deeper pocket without having to prove a case in court before a judge and jury.

A SOLUTION LOOKING FOR A PROBLEM THAT DOES NOT EXIST

At the absolute center of the debate is whether the State Of New Mexico should go out of its way to create a whole new cause of action for violation of civil rights under state laws and state constitutional rights to ease the burden of proof to recover damages in a court of law free of any “qualified immunity” defense.

Another key provision is that the new act would allow the recovery of attorney’s fees and costs, which no doubt goes along way to explain the support of plaintiff’s lawyers.

Many argue that a New Mexico Civil Rights Act is needed to stop the “culture of aggression” or systemic racism and stop the excessive use of force or deadly force by law enforcement. When it comes to the Albuquerque Police Department (APD), the city is already getting a handle on the problem. For the past 6 years, APD has been under a federal court consent decree that mandates 271 reforms that APD and the city are still struggling to implement under the watchful eye of a federal judge and a federal court appointed monitor. Albuquerque has paid out upwards of $64 million dollars over a 10-year period for excessive use of force and deadly for cases and civil rights violations stemming from a “culture of aggression” found by the Department of Justice (DOJ).

Other groups of public employees that will likely be affected by the enactment of the legislation are teachers, firefighters , social workers and health care providers. It is easy to see how teachers could be accused of violating a student’s free speech and freedom of religion in science classes, history classes and sociology classes. Firefighters could also be easily accused of interference with rights of privacy or civil rights violations under any number of fact scenarios involving emergency procedures and administering medical care.

From a practical standpoint, it makes little or no sense to enact a Civil Rights Act that creates a new cause of action for violations of state constitutional rights by government employees, abolishing qualified immunity only to have a Tort Claims Act that mandates a defense and payment of judgments for damages. The New Mexico Tort claims act does indeed strike an appropriate balance for the recovery of damages.

It appears with the enactment of the substitute Civil Rights Act, damage to a plaintiff, the liability of government and the taxpayer wind up in the exact same place as to who pays for the damages. The only benefit of such legislation is to make recovery in state court a lot easier than in federal court making the job of plaintiff’s attorney a lot easier, allowing attorney fees and costs and to avoid having cases dismissed over a court doctrine that is well settled law.

The enactment of the Civil Rights Act is a solution looking for a problem to solve and looking for even deeper pockets to find the money to pay the judgments.

Links to 3 related blog articles are here:

Speaker Of The House Brian Egolf Ignores Appearance Of Impropriety With Sponsorship Of New Mexico Civil Rights Act; Civil Rights Act Creating Solution Looking For A Problem

Proposed State Civil Right Act Is Solution Looking For A Problem; Will Be Costly

Commission Recommends “Civil Rights Act” On 5 – 4 Vote; Abolishing “Qualified Immunity” Against All Government Officials And Law Enforcement Personnel Proposed; NM Legislature Will Make Final Decision

Randi McGinn Guest Column: “Why Give Up Successful Law Firm To Run For Congress?”; COMMENTARY: McGinn’s Years Advocating Democratic Core Values Needed In Congress

On December 18, 2020, President Joe Biden announced the appointment of Congresswoman Debra Haaland as United State Secretary of Interior and her appointment must be confirmed by the U.S. Senate. It is speculated that Haaland will be confirmed in late March by the Senate at which time she will resign her congressional seat.

The timing of Haaland’s resignation from congress will have a major impact on when a special election is held to replace her. Under New Mexico law, a special election must be held between 77 to 91 days after the seat is vacated. There will be no primary elections. Instead, New Mexico’s 3 recognized political parties central committees (Democrat, Republican and Libertarian Party) will meet and nominate their candidates at least 56 days before the special election.

In the Democratic Party, only members of the State Central Committee residing in Congressional District 1 will vote to fill the vacancy. There are about 170 members from the Albuquerque district on the Democrat Central Committee. Currently, there are 15 candidates running to replace Debera Haaland. A listing of those candidates can be found at this blog article entitled “The Race To Replace Debra Haaland In 1st Congressional District; 15 Announced Candidates Identified”:

https://www.petedinelli.com/2021/02/05/the-race-to-replace-debra-haaland-in-1st-congressional-district-14-announced-candidates-identified/

Randi McGinn is the one candidate running for congress that sticks out above all the other candidates because of her success over many years in the private practice of law and her success in advocacy on issues facing the congressional district and Democratic core values she has fought for for decades.

AN INTRODUCTION OF RANDI MC GINN

I have known attorney Randi McGinn since 1984. Our paths have crossed at various times over the past 37 years. We both practiced law as Assistant District Attorneys in the Bernalillo County District Attorney’s Office working for then Bernalillo County District Attorney Steve Schiff who later went on to be elected to Congress himself and served CD 1 for a number of years. We both were assigned to the Violent Crime Division handling the prosecutions of homicides, rape , armed robbers, and aggravated assaults and even child abuse cases. Those were the years when young attorneys would go to work for the District Attorney’s office for two major reason: the courtroom trial experience and a dedication to public service.

Randi McGinn excelled as a trial attorney handling some of the most difficult and high-profile cases at the time. She was fearless in her advocacy for victims and making sure justice was served. When McGinn left the District Attorney’s office, she started her own law firm. Over the years, she has become one of the most highly respected and successful trial attorneys in the state of New Mexico, all the while advocating for Democratic core values and being involved community issues and organizations. She knows the issues that face Congressional District 1.

At the request of this blogger, Randi McGinn submitted the following column as to why she is running for congress.

RANDI MCGINN GUEST COLUMN

“Why give up the successful law firm you’ve built and the people you love working with to run for Congress?

For me, like many others in our community, the last 4 years of chaos and the dismantling of government have been a clarion call to public service. Not only have we witnessed an attack on our democracy and Capitol, but an attack on our very humanity.

The American values I believed in vanished as racism and misogyny reared their ugly heads, resulting in:

–the government ripping children out of the arms of their parents on only one of our borders and banning people from Muslim countries
–women who dared speak truth to power being publicly degraded by a president
–citizens being snatched off the street for having the audacity to protest police killings of black men and women

My response to this American carnage was to fight back, attending the Women’s March in Washington, D.C. and engaging in “Get Out The Vote” efforts over the last 4 years.

Then, my husband and soulmate, Charles Daniels, was diagnosed with the fatal disease ALS (Lou Gehrig’s disease). He was given 1 year to live, but after choosing not to extend his life with extraordinary measures, died eleven weeks after his diagnosis on September 1, 2019. For the first time in my life, I experienced profound grief. For those who have lost someone they loved deeply, you know how the experience cracks you open and causes you to reconsider what you should do with the rest of your life.

After coming out the other side of mourning, I decided to take the skills I’ve honed over 40 years in the courtroom to Washington, D.C. to do what I do best — hold people accountable for the past corruption of our country and to use the opportunity in this crisis to transform government so it works to benefit its people.

ACCOUNTABILITY

If insurrection is not punished, then it becomes a dress rehearsal for the next time.

While the FBI has begun tracking down all of those who filmed themselves invading our Capitol, we can’t stop with the foot soldiers in this insurrection. Those at the top, who incited the attack, should not be above the law. All of those who promoted the false narrative that the election was stolen and that armed rebellion was the only recourse, should be charged, convicted and, based on the Fourteenth Amendment to our Constitution, Section 3, never be allowed to run for office again.

Just as I did when I volunteered to hold APD officers accountable for the shooting death of homeless camper James Boyd, in Congress, I would love to be a part of the team that investigates, exposes and holds accountable those who corrupted our democracy.

THE OPPORTUNITY IN CRISIS TO TRANSFORM GOVERNMENT

Just as my husband’s death caused me to re-evaluate the course of my life, the pandemic presents a unique opportunity for us to re-evaluate the course of our country. Rather than re-build government back, we have a chance to transform it based on the lessons learned from this crisis.

Lesson 1: Healthcare dependent on an employer doesn’t work in a pandemic when you lose your job through no fault of your own. It is time all American citizens had access to quality healthcare as a right. Having learned that one person can infect the whole world, we now understand that providing for the health of everyone in our community protects each of us and our families.

Lesson 2: The most important people in our community – the essential workers who stocked our groceries, made deliveries to our homes and kept us alive in this pandemic – are the ones we pay the least. Gratitude is not enough. It is time we paid those essential workers a fair wage, at least $15 an hour, eliminate the sexist and racist sub-minimum wage rate of $2.13 an hour for tipped workers and strengthen workers’ rights by strengthening the power of unions.

Gratitude is not enough. It is time we paid those essential workers a fair wage, at least $15 an hour, eliminate the sexist and racist sub-minimum wage rate of $2.13 an hour for tipped workers and strengthen workers’ rights by strengthening the power of unions.

Lesson 3: Educators are the most essential workers of all. Every parent shepherding a child at home doing on line classes has seen the heroic efforts of teachers to engage and keep our children learning. Grandparents, like me, who are pitching in to help with online reading (Harry Potter) or lessons have learned how hard teaching really is. In order to safely reopen classes, we need to keep this most precious resource safe with vaccinations, then support them with raises and extra resources, including social workers, nurses and aides.

Lesson 4: On line learning has exposed the appalling lack of internet resources in New Mexico’s rural areas and on our reservations and pueblos. It is heartbreaking to see children sitting in their parent’s cars in restaurant parking lots just so they can attend their classes. We need broadband access now and make it free to poor or disenfranchised communities.

Lesson 5: There is nothing like isolating or working from home to make you appreciate the glorious outdoor spaces we have in New Mexico. We have to heal our planet, reduce our methane and greenhouse gas emissions, and reverse the drought ravaging our state.

This is an extraordinary moment in our history, an inflection point where real progressive change is possible. The Biden-Harris administration has swiftly taken steps to undo through executive orders the abominable policies on immigration, unlimited drilling on public lands, and withdrawing from nuclear non-proliferation treaties, the World Health Organization and the Paris Climate Accords. Those great first steps need to be followed with legislation so they cannot be reversed simply by a change in leaders.

Just as I practiced transformative law – asking not just for money, but for safety changes to make sure tragedies didn’t happen again — in Congress I will work for permanent, transformative change.”

You can review Randi Mc Ginn’s Her Youtube announcement is here:

https://www.youtube.com/watch?v=3VpTiyToxgw

DINELLI COMMENTARTY AND ANALYSIS

New Mexico, and in turn, the 1st Congressional District, is facing any number of problems that are bringing it to its knees. Those problems include the corona virus pandemic, business closures, high unemployment rates, exceptionally high violent crime and murders rates, poverty, children at risk, a lack luster education system and very little economic development.

On the federal level, issues the country is facing include a threat to our democracy and the election process, COVID relief aide to the state, systemic racism, preserving a woman’s right to choose, responsible gun control, equal rights, civil rights and LGBTQ Rights, immigration reform, health care for all, increasing the minimum wage and paid sick leave, legalization of marijuana, campaign finance reform addressing “citizen united”, fair taxation for all with emphasis on the middle class and forcing corporations and the wealthy to pay their fair share of taxes, just to mention a few.

The Congressional District 1 can go no longer afford to elect people to congress based upon promises and nothing but eternal hope for better times and for a better future and with no results. What is needed is a congressional representative that actually knows what they are doing, and are informed and will make the hard decisions without their eye on the next election or higher office nor someone who just wants to placate their base and tell them what they want to hear. A person who is willing to serve in the United State House for a number of years with an emphasis on constituent services and not use the office as nothing more than a stepping stone for higher office down the road.

I am confident and can say without reservations that Randi McGinn will concentrate on what’s important to the 1st Congressional District and its people and that she truly committed to public service. The Democrat Party is fortunate to have someone of her caliber running for office. The Democratic State Central Committee should have absolutely no reservations about making Randi our nominee for congress.

Learn more about Randi McGinn and what she stands for by going her campaign web page by clicking on the below link:

https://www.mcginnfornm.com/

2021 NM Legislative Update: Pandemic Relief For Workers And Business Needed Now; Mandatory Paid Sick Leave Hard Sell During A Pandemic

Governor Lujan Grisham has called for up to $475 million to be spent on single time pandemic relief measures during this year’s 60-day legislative session that started on January 19. The Governor did not tell lawmakers what specific programs should be funded leaving that up to them.

Legislation is progressing through committee hearings in the 2021 Legislative session that will have a direct impact on New Mexico’s service industry and employees. Two are Pandemic Relief funding and one is paid sick leave.

PANDEMIC RELIEF FUNDING

On Thursday, February 4, the State Senate Finance committee approved two separate pandemic relief bills on a unanimous vote with no dissent. Senate Bill One (SB-1) bill calls for $600 rebates for New Mexico workers who make less than $15 per hour. It also calls for a 4-month tax suspension for restaurants, breweries, dining establishments, including food trucks.

REBATES TO ESSENTIAL WORKERS

In the June and November Special Legislative session held in 2020,the New Mexico lawmakers passed two separate pandemic relief packages. The November relief package was objected to by many legislators because it did not include hazard-pay bonuses to “essential” workers making less than $15 an hour. These are workers who have been at the front lines of the pandemic working at grocery stores, hospitals and other businesses.

According to Senate Majority Leader Peter Wirth, D-Santa Fe, such workers will benefit from the$600 rebates in that it targets New Mexicans who qualified for the state’s Working Families Tax Credit in 2020. Wirth told the Senate Finance Committee:

“These are the essential workers that have been holding our economy together and deserve our thanks.”

RESTAURANT TAX RELIEF

Under the Senate Bill approved by the Senate Finance committee, a “tax holiday” for restaurant and brewery sales was approved to in effect from March through June. According to the legislation, sales made during the 4-month time period would allow to be deducted from gross receipts tax and the state would offset any revenue loss incurred by New Mexico cities and counties as a result.

Sen. Crystal Diamond, R-Elephant Butt, told the Senate Committee that while tax relief could help keep some struggling restaurants afloat, allowing restaurants and bars to reopen with relaxed capacity limits would have a much bigger impact in keeping such establishments from permanently shuttering. At this point, the tax relief is already too late for many restaurants that have already closed.

WAIVER OF LIQUOR LICENSING FEES

The Senate Finance committee endorsed a separate bill that directed the New Mexico Regulation and Licensing, Alcohol and Gaming Division to temporarily waive the fees for liquor licenses. All bars in New Mexico had to pay liquor license fees last year, despite being closed for most of the year due to public health orders issued by Governor Lujan Grisham.

The pandemic and the Governor’s mandatory closures and limited occupancy restrictions for indoor and outdoor dining to slow the spread of the virus has had a dramatic impact. Some supporters are saying that upwards of 30% of businesses closed will never reopen again and have gone out of business.

The state Taxation and Revenue Department said taxable gross receipts from New Mexico’s hospitality and food industries are down 21.8% or by more than $445 million over the 2019 year’s levels through the first five months of the current budget year.

WHERE THE FUNDING WILL COME FROM

The relief package is an estimated $185 million for the rebates and restaurant tax breaks alone. The financing will come from the state’s cash reserves. The states cash reserves are upwards of $2.5 billion, which is 35% of the state’s overall spending.

Senate Bill 1 will be scheduled for debate and a final vote by the Senate during the week of February 8. The goal is to get the recovery package to the Governor by the end of the month to be signed into law. The bills will take effect immediately upon being signed if they pass both legislative chambers with at least a two-thirds majority vote.

https://www.abqjournal.com/2356345/pandemic-recovery-bills-moving-quickly-at-roundhouse.html

MANDATORY PAID SICK LEAVE LEGISLATION

House Bill 20 is legislation that would require New Mexico employers to offer paid sick leave to their workforce. On Thursday February 4, the bill passed the House Labor, Veterans and Military Affairs Committee on 5 to 3 vote. Democrats voted YES in favor and Republicans voting NO Before the vote, the sick leave bill was amended to incorporate ideas from a competing bill.

Under House Bill 20, employees would accrue at least 1 hour of paid leave for every 30 hours worked. Employees could use up to 64 hours of earned leave in a 12 month period, unless the employer offers a higher limit. The sick leave accrual would apply regardless of the size of the business.

The sick leave proposal includes a provision for supplemental leave during a public health emergency, expanding what’s otherwise called for in the law. Under the legislation, employees could use sick leave accrued for medical care, caring for a family member or for absences related to domestic abuse, sexual assault or stalking.
Employers who violate the act would be liable for three times the wages they should have paid the employee, or $1,000, whichever is greater.

Sponsors of the bill are Democratic Representatives . Christine Chandler of Los Alamos and Angelica Rubio of Las Cruces. Both representatives told the House committee the sick leave proposal will help protect employers and employees alike, by limiting the chances for illness to spread within a workplace. Rubio for his part told the committee:

“This is the one thing that workers need right now, particularly because of what they’re exposed to on the front lines.”

OLÉ New Mexico has been a major advocate of paid sick leave the last 4 years in Albuquerque and Bernalillo County, advocating both the city and county governments to enact such legislation and placing the measures on the ballot where it has failed. Eric Shimamoto, a member of OLÉ New Mexico told the house committee:

“If this pandemic has taught us anything, it’s that staying home when you’re sick is taking care of everyone.”

OPPOSITION TO SICK LEAVE ORDIANCE

The paid sick leave legislation drew aggressive opposition from business owners and business groups. They argued forcefully that the amended bill did not address concerns about the cost and paperwork burden on small businesses. Terri Cole, president and CEO of the Greater Albuquerque Chamber of Commerce had this to say in an interview with the Albuquerque Journal after the house committee hearing:

“We provided the committee with several reasonable ways to limit the financial impact this onerous mandatory leave bill will otherwise have on small businesses and their workers. While this one committee chose to ignore the input of the business community, we can’t imagine the governor, House leaders, and Senate leaders share the belief that small businesses shouldn’t be accommodated and included in the conversation.”

The link to the Albuquerque Journal article is here:

https://www.abqjournal.com/2356375/sick-leave-proposal-takes-shape-in-house.html

The paid sick leave Bill 20 has been referred to the House Judiciary Committee, for yet another committee hearing where it could pass, voted down or be tabled. If the bill passes the House Judiciary Committee is will then be forwarded to the full House Chamber for consideration and if it passes there, it will be forwarded to the State Senate for further committee hearings.

COMMENTARY AND ANALYSIS

The pandemic relief bills can not be enacted soon enough and signed by the Governor. The state’s reserve fund of $2.5 billion is being used for what is it intended to be used for: economic and financial crises. The relief was needed yesterday.

As for the sick leave legislation, its goals and objective are worthy of support, but the timing of the enactment could not come at a worse time. Mandatory pay of sick leave is a hard sell given the fact unemployment applications are at historical highs in New Mexico and so many businesses in the service industry have closed down, and probably permanently. Forcing mandatory payment of sick leave is difficult to justify during a pandemic and with so many business closures and even the 25% customer occupancy rules in place.

Santa Fe New Mexican and New Mexico Politcal Reports: “New Mexico House Committee Tables Some Proposed Liquor License Changes”; Other Legislation Drafted

All bars in New Mexico have been closed since March under the Governor’s pandemic health care orders resulting in severe economic consequences. House Bill 8 was introduced for consideration by the 2021 New Mexico Legislature by New Mexico State Representative Dayan Hochman-Vigil, a Democrat from Albuquerque. The legislation would make significant changes to New Mexico’s liquor laws.

HB 8 would allow restaurants, grocery stores, liquor stores, craft distillers, small brewers and bars to offer “home delivery” of bottled alcoholic spirits. Under the legislation, restaurant deliveries would be limited to beer and wine sales that would require a minimum food purchase of $25.00. All the other liquor sales businesses would not have a food sale restriction or a purchase quantity requirement.

HB 8 would create a new type of license that would allow restaurants to serve hard liquor, and not just wine and beer, without the purchase of an expensive dispenser license. If House Bill 8 were to pass, bars owners would be allowed to take alcohol delivery orders without opening their establishment. The argument made it would provide a stream of revenue for the struggling industry during the pandemic. The new license would allow restaurants to pay a yearly fee of $3,000 to the state to sell liquor.

NEW MEXICO HOUSE COMMITTEE TABLES HB 8

On February 6, 2020, the following article written by reporter Robert Nott with the Santa Fe New Mexican was published by New Mexico Political reports, with link following the article:

HEADLINE: “NEW MEXICO HOUSE COMMITTEE TABLES SOME PROPOSED LIQUOR LICENSE CHANGES”

BY ROBERT NOTT, SANTA FE NEW MEXICAN

“Members of a House committee on Friday tabled two bills that would change the way liquor licenses are distributed in New Mexico after several license holders spoke in opposition, arguing the measures would render their licenses, some worth hundreds of thousands of dollars, nearly worthless.

One of the measures — House Bill 8 — would allow restaurants to deliver beer and wine with food orders.

The House Commerce and Economic Development Committee’s decision to delay the bills might have had little to do with the concerns of the liquor license holders.

Several similar bills are making their way through the Legislature, and it’s not uncommon to see lawmakers delay action on a measure as they work to draft a single piece of legislation they believe has the best chance of gaining approval and getting to the governor’s desk for a signature.

“They’re not gone,” said Rep. Antonio “Moe” Maestas, D-Albuquerque, who is chairman of the committee. “Those brains have morphed into one big giant brain.”

Maestas, along with other lawmakers on the committee and members of the public who spoke in favor of the measures, said it’s time to update the state’s liquor license laws, which have not undergone a significant change in 40 years.

While a beer and wine license for a restaurant costs up to $1,150 a year, including fees for Sunday sales, according to the state Regulation and Licensing Department, there is a limited number of liquor licenses available in New Mexico. A license for a new business must be bought or leased from another owner and can sell for $350,000 for a restaurant or bar, or more than $1 million for a retailer.

Under some of the bills being considered during the session, a restaurant could buy a license to serve liquor for as little as $25,000, with annual renewal fees of around $3,000.

The proposed change does not sit well with long-term restaurant and bar owners who paid far more for their existing licenses.

“Allowing people to get in at much less than what I got in for just doesn’t seem equitable,” said Mike Cheney, owner of the Win Place and Show bar, a package store and dance hall in Ruidoso. Cheney said he and his wife paid $600,000 for their liquor license just a few years ago.

Advocates for the legislation — including Alicia Keyes, Cabinet secretary of the Economic Development Department, who spoke during Friday’s hearing — say it is a necessary move. They argue the state’s outdated liquor license laws make it hard for new restaurants to afford a license or, if approved, to take part in any home delivery services of beer and wine.

The proposed legislation could lead to more businesses and jobs in a state hit hard by the COVID-19 pandemic.

In addition, advocates say, restaurants struggling with financial hardships from the pandemic can drum up more business by bringing their products to people self-isolating in their homes.

“This provides an option for a new type of restaurant to open, and safe delivery [of food and alcohol] will provide more revenue,” Keyes told the committee.

“These changes make a lot of sense even without the pandemic,” she said, noting more and more people are becoming accustomed to home delivery services for a variety of goods.

Maestas and other legislators began discussing a need to revise the state’s liquor license laws last year as businesses in the restaurant and hospitality industry either scaled back operations or closed temporarily — or for good.

There are over 700 restaurants with liquor licenses in the state. That does not include bars, clubs or microbreweries.

State law allows a license-holder to lease it to another business or sell it.

But state law also prohibits the government from buying back licenses or even partially compensating longtime license owners for any drop in value, Maestas said at Friday’s hearing.

“There’s no question it will disrupt the entire market of liquor license,” he said of the measure.”

But if something is not done now, he said, eventually those licenses will cost $1 million, making it virtually impossible for new restaurants wanting to serve alcohol to get into the game.

Maestas introduced a separate bill that would offer limited tax breaks to existing license-holders to mitigate their potential losses. He said the bill will get a hearing sometime next week.

The link to the article is here:

https://nmpoliticalreport.com/2021/02/06/new-mexico-house-committee-tables-some-proposed-liquor-license-changes/?mc_cid=90c481db30&mc_eid=d03b0979c3

COMMENTARY AND ANALYSIS

The sale of liquor in the state is one of the most highly regulated industries in virtually all states. Licenses usually have ongoing qualifying mandates for renewal and at times have terms as to how long the license is effective and must be renewed. There is a liquor license revocation process in place, such as revoking a license if liquor is sold to minors. Normally, licenses issued by a state do not give vested property rights to those individuals who apply for and issued the license to be able to sell or transfer on the open market. Dispenser licenses are viewed as “speculative investments” that accrue in value, and that was never the intent of the legislature.

The biggest problem with the existing New Mexico state liquor control laws is that they create the problem of granting a “property right” to those who were originally issued state licenses by allowing them to be sold or leased on the open market. The state did so for the sole purpose of putting a cap on the number of liquor licenses in order to avoid the proliferation of liquor businesses in a county, city or neighborhood. It was a good idea at the time and was intended to have an impact on the state’s alcohol abuse problem and DWI rates.

If New Mexico Governor Michelle Lujan Grisham and the New Mexico Legislature truly want to encourage economic development and help locally owned businesses, liquor license reform must be included in the equation. It is likely such reform will require sweeping changes to level the playing field for all that want to apply for liquor permits.

Its encouraging that HB 8 was tabled for now in that other legislation is being written that will indeed be far more likely to achieve liquor licensing law reform

Links to related blog articles are here:

Liquor License Reform Requires More Than Home Delivery Sales; Abolish “Dispenser Licenses” That Give Property Rights; Return To State Licensing As Giving Permission And Not Giving Property Rights

John B. Strong Guest Column: Revisiting Liquor License Reform

The Race To Replace Debra Haaland In 1st Congressional District; 15 Announced Candidates Identified

On December 18, 2020, President Joe Biden announced the appointment of Congresswoman Debra Haaland as United State Secretary of Interior. The appointment is historic because once confirmed by the U.S. Senate, Haaland will become the first Native American woman to be part of any presidential cabinet. Haaland has yet to be confirmed by the United States Senate and has not resign from congress. She did vote for the 2nd Impeach of President Trump over his inciting of the January 6, 2021 storming of the capitol. It is speculated that Haaland will be confirmed in late March by the Senate at which time she will resign her congressional seat.

TIMING IS EVERYTHING

The timing of Haaland’s resignation from congress will have a major impact on when a special election is held to replace her. Haaland will remain in her U.S. House seat through the Senate confirmation process. If she is not confirmed first, she would remain in congress. If and when of Haaland’s resignation from congress will determine when the New Mexico Secretary of State must call for a special election. The word “if” is used only because over the years more than one cabinet nominee has had to withdraw after US Senate hearings and vetting. Some Republicans are already voicing opposition to her nomination over he opposition the oil and gas drilling and support of environmental efforts.

Under New Mexico law, a special election must be held between 77 to 91 days after the seat is vacated. In 2019, the New Mexico legislature changed its law on the process used to fill vacancies in the United States House and Senate. Under the new law, there are no primary elections. Instead, New Mexico’s 3 recognized political parties central committees (Democrat, Republican and Libertarian Party) will meet and nominate their own candidates at least 56 days before the special election.

In the Democratic Party, only members of the State Central Committee residing in Congressional District 1 will vote to fill the vacancy. There are about 170 members from the Albuquerque district on the Democrat Central Committee and sources have confirmed more that a number of candidates have already begun calling State Central Committee members in the Democratic and Republican parties.

THE RACE TO REPLACE

Since the December 18 cabinet appointment announcement, the race to replace Haaland has become very crowded. One virtual debate amongst the Democratic candidates was held on February 4 by the mid heights Indivisible Nob Hill organization.

Following is a listing of the identified announced candidates:

ANNOUNCED DEMOCRATS

1. State Senator Antoinette Sedillo Lopez, who ran for the position in 2018 and came in 3rd in the primary. She is a fomer UNM Law School professor and the wife of State District Court Judge Victor Lopez.

2. NM State Rep. Melanie Stansbury who has been twice elected to the New Mexico House and has served as an environmental adviser in the Obama White House.

3. NM State Representative Patricia Roybal Caballero, serving as a member of the House of Representatives from the Bernalillo County 13th district. She was elected in 2012, and assumed office on January 15, 2013. In the New Mexico State Legislature, Rep. Roybal Caballero has served as House Democratic Caucus Chair (2014-2016), Vice Chair of the House Consumer & Public Affairs Committee (2013-2018), Vice Chair of the House Labor, Veterans & Military Affairs Committee.

4. New Mexico State Representative Georgene Louis, Bernalillo County District 13. She is an attorney and has served in the legislature since 2013. She is the chair of the House State Government, Elections & Indian Affairs Committee, a a member of House Judiciary Committee and the House Rules and Order Committees.

5. Highly respected trial attorney Randi Mc Ginn, a former Assistant Bernalillo County District Attorney and Special Prosecutor of the two police officers charged in the murder of homeless camper James Boyd. She is also the widow of the late Supreme Court Justice Charles Daniels.

6. Karie Converse, trial attorney and formerly with the New Mexico Office of the Federal Public defender.

7. Victor Reyes, Legislative director for Governor Michelle Lujan Grisham. He is a community organizer, environmental advocate and a strong progressive. Mr. Reyes served as the chair of New Mexico’s Community Development Council where he oversaw the investment of tens of millions of dollars of federal funds in infrastructure and economic development projects in New Mexico. As the political and legislative director of Conservation Voters New Mexico, he led the successful opposition to anti-conservation legislation in the 2015 state legislative session. As the Campaigns Director for ProgressNow New Mexico, he championed progressive candidates and issues.

8. Francisco Fernández According to his campaign web page, Mr. Fernandez is a “5th generation Burqueño” whose family history predates statehood. He grew up in multiple Albuquerque communities. He is the first in his family to graduate college and attended the Jesuit Catholic College of Loyola University, New Orleans. He is involved in the entertainment industry and has pursued a career in television and film production. You can review more on his candidacy at https://www.franciscofornm.com/meet-francisco

9. Selinda Guerro is a community activist. According to her web page, she is a working class BIPOC feminist community organizer. She is a single mother of six and a lifelong resident of Albuquerque. The link to her campaign web page is here to read more about her candidacy and background : https://www.thepeopleforcongress.com/

ANNOUNCED REPUBLICANS

As of Wednesday, January 3, the Republicans who have so far announced their candidacies are:

1. Eddy Aragon, CEO of the Rock of Talk radio station and conservative radio talk show host for “Rock the Talk”. Aragon also ran for Mayor four years ago Just recently, Aragon ran against State Republican Party Chairman Steve Pierce for Republican Party chairman proclaiming the party needed a new generation of leader. Aragon is an extreme, right wing conservative and staunch supporter of President Trump. Aragon is known for his sharp tongue approach on his radio programs that alienates both friends and foes alike.

2. Peggy Muller-Aragon, an Albuquerque Public Schools board member and wife of private attorney Robert Aragon who was a New Mexico State Representative and who himself ran for congress many years ago. His father was longtime New Mexico State Democratic Representative Bennie Aragon. Both Peggy and Robert Aragon were Democrats and one time but become Republicans many years ago.

3. Michaela Chavez, an Albuquerque bookkeeper who recently ran for state Senate and lost to Democrat State Senator Bill O’Neill.

4. Ronnie Lucero, who is involved with the Lexit Strike Force, a group that rallies for conservative Latino voters.

5. Jared Vander Dussen, a candidate who lost in the Republican primary last year to Michelle Garcia Holmes.

ANNOUNCED INDEPENDANTS

Former state Land Commissioner Aubrey Dunn is running as an independent candidate. Dunn was a registered Republican and changed his party affiliation after leaving the Land Commissioners Office.

COMMENTARY AND ANALYSIS

Even with a remarkable number of 14 candidates running to replace Debra Haaland in 1st Congressional District, voters can take comfort that they will not be inundated with TV commercials, at least until the major parties select their party’s nominees. For now, the scrambling and the campaigning is confined to the members of the State Central Committees. No doubt the lion’s share of the campaigning consists of candidates making phone calls to all members of the state central committees which are the hard-core party activists.

The hard-core activists on the Democratic Party State Central committee are most assuredly progressives with many Bernie Sanders supporters. For the Republican State Central Committee, the hard-core party activists are Trump supporters who have bought into all of his lies over the past 4 years and that the election was stolen. Republican Party State Party Chairman and former Congressman Steve Pierce will no doubt make every effort to nominate a strong Trump supporter the likes of Yvette Harrel as he eyes another race for Governor.

New Mexico, and in turn, the 1st Congressional District, is facing any number of problems that are bringing it to its knees. Those problems include the corona virus pandemic, business closures, high unemployment rates, exceptionally high violent crime and murders rates, poverty, children at risk, a lack luster education system and very little economic development.

On the federal level, issues the country is facing include a threat to our democracy and the election process, COVID relief aide to the state, systemic racism, preserving a woman’s right to choose, responsible gun control, equal rights, civil rights and LGBTQ Rights, immigration reform, health care for all, increasing the minimum wage and paid sick leave, legalization of marijuana, campaign finance reform addressing “citizen united”, fair taxation for all, just to mention a few.

The State can go no longer afford to elect people to congress based upon promises and nothing but eternal hope for better times and for a better future and with no results. What is needed is a congressional representative that actually knows what they are doing, and are informed and will make the hard decisions without their eye on the next election or higher office nor some one who just wants to placate their base and tell them what they want to hear. A person who is willing to serve in the United State House for a number of years with an emphasis on constituent services and not use the office as nothing more than a stepping stone for higher office down the road. Let’s hope the candidates who are running for Congress will concentrate on what’s important to the 1st Congressional District and not strictly to their party dogma or personal gain but one truly committed to public service.

Good luck to all the candidates and thank you for making the commitment to run for office during these difficult days for our country and our state.

The “Greedy 8” In Governor’s Office; Pay Raises Of 8% to 21% Given To Governor’s Political Operatives While State Workers Get 1% Pay Increases

It has been reported by two separate news outlets that Democratic Governor Michell Lujan Grisham has given $7,400 to $18,000 pay increases to her personal staff while at the same time she and legislators were taking back a 4% raises promised to teachers, state employees and essential workers. The Governor also issued a hiring freeze for state government as a cost saving measure.

It was on June 18, 2020 that the Governor was forced to call a special legislative session to deal with the state’s deficit and to adjust the state budget amid historical deficits the result of the COVID-19 pandemic business closures and the collapse in oil revenues. Governor Michelle Lujan Grisham and New Mexico lawmakers were faced with more than $2 billion budget deficit that they dealt with during the special session. The state projected a $1.976 billion revenue loss for the Fiscal Year 2021 budget which began on July 1, 2020 and ends on June 30, 2021.

Links to the news articles are here:

https://thecandlepublishing.com/new-mexico-governor-quietly-gave-large-raises-to-her-staff-while-cutting-teacher-and-state-employee-raise/

https://www.abqjournal.com/2355906/govs-office-pay-raises-draw-fire.html

RAISES GIVEN TO POLITCAL OPERATIVES

Eight of Governor Michelle Lujan Grisham’s executive staff received salary increases totaling $92,000 over the past year. The raises took effect in April, 2020, before the special session to deal with the budget shortfall. The increases range from 8% to 21%. All 8 of the executive staff are exempt employees who serve at the pleasure of the Governor, can be terminated without cause, and have little or no job descriptions other than the titles they hold. The new salaries paid range from $101,088 to $146,000.

On average state, school, and hospital employees paid from state and federal funds are paid between $30,000 to $40,000 a year. Last year at the time the Governor approved the executive salaries increases, the Governor told state employs who were paid under $15 an hour they would not get the 4% pay increase originally approved by the 2020 Legislature but would be given a 1% pay increase instead. For a worker making $12 an hour, that would have been less than $20 more a week.

THOSE WHO WERE GIVEN GOVERNOR’S RAISES IDENTIFIED

Five of the eight were given 8% salary increases while the other 3 were given 21%, 15%, and 10% respectively. Following is a listing of the “GREEDY 8” salary increases:

Tripp Stelnicki, Director of Communications, went from a salary of $88,399 paid in January 2020 to a salary of $107,000 in January, 2021, or 21% salary increase.

Melisa Salazar, Director of Boards and Commissions, went from a salary of $78,000 in January 2020 to a salary of $90,000 in January, 2021 or a 15% salary increase.

Matthew Garcia, Chief of Staff, went from a salary of $133,120 in January 2020 to a salary of $146, 016 in January, 2021 or a 10% salary increase.

Teresa Cosados, Chief Operating Officer, went from a salary of $135,200 in January 2020 to a salary of $146,016 in January, 2021 or an 8% salary increase.

Dominic Cabello, Cabinet Director, went from a salary of $133,120 in January 2020 to a salary of $143,770 in January, 2021 or an 8% salary increase.

Diego Arencon, Deputy Chief of Staff, went from a salary of $125,001 in January 2020 to a salary of $135,001 in January, 2021 or an 8% salary increase. Diego Rincon was promoted to Deputy Chief of Staff which was said to have justified the salary increase because he assumed additional duties and responsibilities. Ricon retired from the Albuquerque Fire Department as a “pipeman” over 3 years ago and for a number of years was the president of the Firefighters union. It is common knowledge that Rincon over many years has had a strong working relationship with the Governor and that he has been within her “inner circle” giving advice and support to her during her years as a Bernalillo County Commissioner and as a United States Congresswoman.

Carolyn Buerkle, Deputy Chief Operations Officer, went from a salary of $125,001 in January 2020 to a salary of $135,001 in January, 2021 or an 8% salary increase. Caroline Buerkle was promoted to and became Deputy Chief Operating Officer, which was said to have justified the salary increase because she assumed additional duties and responsibilities. Buerkle is known to be a close personal friend and travels with the Governor often.

Victor Reyes, Director of Legislative Affairs, went from a salary of $93,600 in January 2020 to a salary of $101,088 in January, 2021 or an 8% salary increase.

OTHER STATE EMPLOYEES

The Governor of New Mexico is paid $174,000 a year. (https://ballotpedia.org/Michelle_Lujan_Grisham)

The Lieutenant Governor of New Mexico is paid $85,000 a year. (https://ballotpedia.org/Lieutenant_Governor_of_New_Mexico)

A little less than two years ago on May 24, 2019 ,it was reported that Governor Michelle Lujan Grisham approved a 17% salary increase for all Cabinet secretaries. The raises took cabinet secretaries’ annual pay from $128,000 to $150,000. At the time, Governor spokesman Tripp Stelnicki said the raises would help the state compete with the private sector in getting the best candidates.

https://www.kob.com/new-mexico-news/new-mexico-governor-oks-pay-raises-for-cabinet-secretaries/5360282/

The 2020 New Mexico legislature that convened in January, 2020, teachers were given 6% pay raises and were scheduled to receive 4% starting last summer. That all changed when on June 18, 2020 t the Governor was forced to call a special legislative session to deal with the state’s deficit and to adjust the state budget amid historical deficits. All government pay raises were rolled back to 1% in the June special session. State employees were given 4% pay raises, but those too were eliminated or rolled back to 1%. According to news reports, some of the top staffers in the Governor’s Office, besides the eight who got raises averaging 10% didn’t receive increases either. According to the state’s online salary records the top executives in the Legislative Council Service and Legislative Finance Committee have not had their pay changed over the past year.

SWIFT CONDEMNATIONS FROM REPUBLICAN LEGISLATORS AS DEMOCRAT LEADERSHIP REMAIN SILENT

Not at all surprising, the pay increases drew immediate condemnation from Republican lawmakers. The Republican legislative leaders noted that at least a few of the changes came after the Governor’s public health restrictions began limiting private business activity which were accompanied by layoffs and increases in unemployment benefit applications.

House Republican Minority Whip Rod Montoya, R-Farmington had this to say:

“I thought the governor told us when she was shutting down the entire state that we were all in this together. … Apparently, we’re not all in this together. … [The raises are] very frustrating.”

Senate Republican Minority Leader Greg Baca, R-Belen, issued a written statement an said in part:

[Governor that Lujan Grisham] has chosen to prioritize political appointees over everyone else. … [She has used] her executive budget to reward the loyalty of her inner circle.”

Thus far, the House and Senate Democrat Leadership have not given any reaction to the raises.

GOVERNOR’S OFFICE RESPONDS

Nora Meyers Sackett, the Governor’s press secretary, responded in part to the criticism saying some of the raises were because of promotions and others were planned in 2019 but didn’t take effect until 2020.
Sackett said in part:

“[Salaries] do change when employees are promoted or their responsibilities are expanded, just like in any other office. … The office stays within its means as far as what is budgeted. [The Governor’s Office] staff play a critical role in the operation of the state’s executive branch and the governance of the state – all of which is amplified during a yearlong crisis. They coordinate state departments and agencies, all of whom operate under the executive’s leadership, as outlined by the state Constitution. … [Their work] has been particularly critical during the ongoing pandemic, as Governor’s Office staff have worked 24 hours a day, seven days a week to direct the state’s COVID-19 response and continue to provide important information to the public.”

COMMENTARY AND ANALYSIS

There is no getting around it. No matter what any one can say, all 8 of the pay raises are a classic case of “do as I say, not as I do”. Lest anyone forget, Governor Lujan Grisham asked all state employees to take pay cuts. This was done after a full 8 years of no salary increases under former Republican Governor “She Who Must Not Be Named”.

Handing out $7,400 to $18,000 pay increases to personal staff and political operatives is one sure way to lose credibility with the public and state employees. The Governor’s political operatives need to ask themselves was it really worth it, and because of sure greed, they no doubt think they are worth it and deserve it.
__________________________________________________

POSCRTIPT

The following Albuquerque Journal Editorial was published on Tuesday, February 8:

Editorial: Governor’s big raises for her inner-circle staff are tone deaf and wrong
BY ALBUQUERQUE JOURNAL EDITORIAL BOARD

Monday, February 8th, 2021 at 12:02am

Gov. Michelle Lujan Grisham must think her communications director had a pretty good pandemic year sparring with Republicans, defiant businesses and churches, tweeting those focused on reopenings were a “death cult.”

Tripp Stelnicki was the biggest benefactor over the past year of pay raises ranging from 8% to 21% for several members of the governor’s inner circle. After a $12,000 annual pay raise around April, Stelnicki got a $7,000 bump by September, raising his annual salary almost $19,000 since January 2020.

Stelnicki now makes $107,000 annually – more than double the state’s median household income. This, during a global pandemic that put tens of thousands of New Mexicans out of work for much of last year. And Stelnicki wasn’t alone.

Seven other top staffers in the Lujan Grisham administration received salary increases over the past year at rates far greater than those granted to state employees. But then, road crews and teachers don’t work in the Governor’s Office.

Melissa Salazar, director of boards and commissions, got a 15% increase, pushing her annual salary from $78,000 to $90,000.

Matthew Garcia, who was promoted from general counsel to chief of staff, had his annual pay increased by almost 10%, from $133,120 to $146,016.

The remaining five members of the governor’s top staffers – chief operating officer Teresa Casados, Cabinet director Dominic Gabello, deputy chief of staff Diego Arencon, deputy chief operations officer Caroline Buerkle and director of legislative affairs Victor Reyes – all got 8% raises from January 2020 to January 2021.

The Governor’s Office said at least three of the pay increases – for Garcia, Arencon and Buerkle – were tied to promotions or expanded responsibilities. And no doubt all eight of these employees are putting in increased hours and facing greater pressure as they play key roles in how the state deals with an unprecedented pandemic.

Lujan Grisham press secretary Nora Meyers Sackett said some of the raises were planned in 2019 but didn’t take effect until 2020.

Even a deadly pandemic that crippled the state’s economy couldn’t stop the $92,000 in pay raises?

It certainly derailed other state employee raises. Teachers were scheduled to receive 4% raises starting last summer, but their raises were rolled back to 1% in the June special session. State employees had been scheduled to receive 4%, too, but their raises were rolled back or eliminated entirely.

What’s particularly galling is the governor’s tone deafness. And the public reaction was immediate.

“Wow! In private industry those levels are two to four grade-level promotions,” said Journal SpeakUp! writer DO.

“Under the category of adding insult to injury: Each of our state’s staff to MLG, besides receiving an unconscionable percent increase in salary, in a time of COVID-19, will probably be getting, and has gotten, stimulus checks from Uncle Sam, …” said SpeakUp! writer CL.

Nobody disputes members of the governor’s staff play a critical role in the operation of state government, especially during a public health crisis. But giving them raises averaging 10% while more than 100,000 New Mexicans are out of work, then doubling down and defending them, is opposite of the governor’s “We are in this together” pledge.

Instead, it shows just how out of touch the fourth floor of the Roundhouse can be.

This editorial first appeared in the Albuquerque Journal. It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.

https://www.abqjournal.com/2357147/governors-big-raises-for-her-innercircle-staff-are-tone-deaf-and-wrong.html