Madrid won’t look into governor’s hiring practices

Attorney General Patricia Madrid has declined to investigate whether Gov. Bill Richardson has illegally made hires without legislative approval.

In an advisory letter issued late today, Madrid said the allegations are too broad and the evidence presented is too little to warrant an investigation.

“Controlling authority establishes that the wide-ranging inquiry into executive practices being requested is neither appropriate or warranted,” Madrid said in a news release. “In their submission, those requesting an investigation have neither made allegations or presented any evidence that a public servant has received pay for services not rendered or that payments have been made in excess of legislative appropriations.”

Sen. Kent Cravens, R-Albuquerque, delivered a petition in April to Madrid calling for an investigation. It was signed by a bipartisan group of 25 legislators. Their complaint is that Richardson, who the Legislature gives approval to make almost 650 political appointments, has made more than 710. Those additional 60 or more jobs cost $3.5 million more than what was appropriated, legislators claim.

Madrid’s letter does not specifically take a position on whether Richardson has made illegal hires, but it does cite case law and contain language that could be interpreted as approval of Richardson’s hiring.

And that’s how Richardson’s staff interpreted it.

“The opinion validates the constitutional authority of the chief executive to make personnel decisions and other managerial decisions in state government in a fiscally responsible way,” said Richardson spokesman Gilbert Gallegos. “The attorney general justifiably rejected the idea, argued by some senators, that the Legislature should be allowed to micromanage the governor’s staff hiring decisions.”

In her letter, Madrid gave five reasons for her decision:

• The request for an investigation does not allege or present evidence that a public employee is being paid for services not rendered.

• “It is not alleged and no evidence is presented that payments exceed legislative appropriations.” (This is alleged by legislators, but they may not have presented evidence to Madrid.)

• It’s acknowledged that the governor has authority to make so-called “exempt” appointments.

• A general inquiry into the governor’s hiring authority and practices “is not consistent with applicable law that protects the executive branch from unwarranted intrusion with respect to the exercise of its executive managerial functions.”

• Constitutional and statutory checks and balances exist that enable the Legislature “to control the expenditure of public funds associated with the executive branch’s hiring of personnel.”

Sen. Leonard “Lee” Rawson, R-Las Cruces, blasted Madrid for refusing to investigate – and for waiting more than eight months to announce that. He noted that Madrid, who ran unsuccessfully for Congress this year, waited until after the election.

“It’s an untimely response issued after the election, when neither her or the governor could be affected. Perhaps this indicates why she is not qualified to be a congresswoman,” Rawson said. “A timely response is demanded. That’s the nature of her job. To put this off for eight months is inexcusable and politically motivated.”

Madrid spokeswoman Sam Thompson had no comment.

In the news release, Madrid pointed out that “state government is divided into three distinct departments, the legislative, executive and judicial. No one charged with the exercise of powers properly belonging to one of these departments should exercise powers properly belonging to the other. Here, inherent in the exercise of its executive managerial functions is the executive branch’s authority to make personnel decisions in line with the discharge of the governor’s duties as prescribed by law.”

She added this in her advisory letter:

“Unwarranted legislative intrusion into that authority of the executive branch to administer appropriated monies has encountered resistance from New Mexico courts when construing New Mexico’s constitution and the balance of power provided for therein under the separation of powers provision,” the letter states.

She adds that courts have determined that a proper balance must be maintained between oversight and giving the executive “discretion over the expenditure of appropriated funds.”

At the same time, Madrid writes, “the legislative branch exercises its ‘power of the purse’ not only by appropriating money but also by reviewing and approving budgets of state agencies. The executive branch agencies must act within those budget limitations when making hiring decisions. The agencies may also make essential managerial decisions such as budget transfers and adjustments in accordance with law if necessary to cover the costs of personnel.”

Rawson said the Legislative Finance Committee believes “this administration is out of control” and has been giving false information to legislators.

“We will continue to fight these battles in the session,” Rawson said.