That darned appearance of impropriety showed itself again in two Albuquerque Journal articles this weekend.
In the first, it was reported that Gov. Bill Richardson, in his role as head of the Democratic Governor’s Association, has taken tens of thousands of dollars worth of free corporate jet flights from a huge tobacco company. That same company pushed hard in the last legislative session for a change in state taxes on tobacco that many said would have benefited only that company.
The legislation was sponsored by Speaker of the House Ben Lujan.
In the second article, it was reported that Sunland Park Racetrack and Casino owner Stan Fulton gave $100,000 to a political action committee formed by Attorney General Patricia Madrid weeks after she officially opposed the proposal to build a casino in Anthony that Fulton has bitterly fought against.
First on Richardson and Lujan: The first legislative finance report on the tobacco bill said it would result in a half-million-dollar reduction in the amount of tobacco tax collected by the state.
But the company that would have benefited, the same one that flew Richardson around, provided its own numbers, and a new financial impact report released the next week estimated that the state would instead bring in an additional $300,000.
The House easily passed the bill. It died in the Senate.
Why was the financial report changed? Why do corporations get to provide new numbers when they don’t like reports? Who authorized that in this instance?
Even though officials said the first estimate was based on bad numbers, here’s that old appearance of impropriety creeping into state politics again. Why in the world do we pay financial analysts if the corporate number crunchers have to do the math for them?
It simply doesn’t make sense.
I’m accusing no one of actual impropriety. Richardson’s people say the governor was never briefed on the bill and took no position on it. Lujan said he never asked Richardson whether he supported it.
Richardson’s people say all this corporate travel saves the state money. Frankly, I’d rather pay for the governor’s travel and know he’s not in the pocket of Big Tobacco, payday loan companies and other corporate giants who might support his presidential bid if only he helps them out a bit.
The tobacco company’s spokesman told the Journal that the company doesn’t ask politicians to take trips on its planes, but responds to requests. So Richardson sought a ride from the company.
“Hey, lend me your plane and I’ll lend you my ear.”
Five times.
Of course, the company’s lobbyists joined the rides. What do you think the lobbyists and the governor talked about?
“Once again, we get a glimpse of the way things are working these days,” said one politico who isn’t too happy with Richardson.
The source also characterized Lujan as “carrying water” for the governor.
“If not for the backbone of the Senate, the Legislature would serve no purpose right now,” the source said.
Expect an attempt to override the governor in January. Lujan will probably try to kill it, but will he still be the speaker of the House? Remember there’s also a move to oust him. More than 80 percent of you said in last week’s poll that he needs to go.
Many Democrats tell me they are fed up with the way business is being done.
The flip-flopping fiscal impact reports aren’t the fault of staffers who did the analysis. It’s common in Santa Fe for the leaders, when they want to kill a bill, to ask staff to assume the worst-case scenario. When they want it passed, they ask staff to assume the best case in their analysis, several sources have told me.
It’s “just one more way that the public and legislators get duped,” one source said.
On to Madrid and Fulton. The casino owner has fought shamelessly against the proposal by the Jemez Pueblo and Santa Fe art dealer Gerald Peters to build a competitor in Anthony. When the plan became public, Fulton threw millions of dollars at New Mexico State University and the Gadsden Independent School District, and characterized the gifts as an assault in a battle he was trying to win.
Fulton had pledged years ago to give half ownership of his casino to NMSU upon his death. But after the Anthony proposal, Fulton amended his pledge – NMSU only gets that estimated $10 million each year if there are no other casinos located in an area that would include the Jemez proposal.
Talk about buying friends.
In light of that, it seems disingenuous of Fulton to tell the Journal that Madrid’s opposition to the Jemez proposal had nothing to do with his contribution.
Fulton also gave $25,000 to Madrid’s PAC in January 2005. In April 2005, Madrid issued an advisory letter stating that the Jemez/Peters proposed services agreement with Doña Ana County was likely illegal. The request for an attorney general opinion came from State Sen. Mary Kay Papen, a fierce opponent of the Jemez proposal whose family has ties to the horse-racing industry.
Papen is also a close friend of Madrid. The two shared that with me when they came to the Las Cruces Sun-News office together last year to announce the release of the advisory letter.
Madrid officially opposed the Anthony proposal in June 2005. The $100,000 check came on Aug. 1, 2005.
Papen and Madrid both seem to genuinely believe a casino in Anthony would open the floodgates for off-reservation gaming everywhere.
I like Madrid and believe she has been a tough, ethical attorney general.
But she didn’t avoid the appearance of impropriety in this case, especially after Fulton told me (his comment was published in the Sun-News), in explaining his gifts, that “We play to win. … This is a battle, and we’re going to look at it like a battle.”
That’s why corporate money in politics needs to be limited. Some donations should be refused. And free rides on corporate jets filled with lobbyists should never be allowed.
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In reporting last week on the campaign finance reports in primary races, I neglected to tell you about the District 1 county commission primary between Democrats Chris Jaramillo and Oscar Vasquez Butler, the incumbent.
Jaramillo reported raising $7,550 and spending $5,774.81. Butler reported raising $7,073.04 and spending $2,664.43.
Jaramillo’s contributions from various members of the Salopek farming family added up to $2,000. Butler had a $500 gift from 
a Salopek, and $1,000 gifts from Mesilla Valley Transportation and Mesilla Valley Training Institute.
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One last note. Public Regulation Commissioner E. Shirley Baca was asked last week by the Las Cruces Bulletin about the 2004 marijuana incident.
Here’s what she had to say about the fact that the charges were dropped on the day her trial was to begin:
“The district attorney came in and asked the judge to drop the charges because he had found that, No. 1, there was no evidence to substantiate the charges, and, No. 2, that the police officers had been less than forthright – and when I asked, ‘What does that mean?’ That means that the cops lied.”
She also hinted that former PRC Chief of Staff Patrick Baca was involved in what she said was a conspiracy to set her up.
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I’ve said it before, and I’ll say it again: only in New Mexico. Have a great day.