Vigil-Giron appointment on hold pending probe of $3 million shortfall at secretary of state’s office

Gov. Bill Richardson has put on hold the appointment of former Secretary of State Rebecca Vigil-Giron to the position of New Mexico Film Museum executive director while the finance department looks into an apparent $3 million shortfall Vigil-Giron left along with her elected position at the end of 2006.

Richardson’s office had previously said Vigil-Giron would start in the $85,000-per-year job on Monday.

But the Albuquerque Journal reported today on the controversy surrounding Vigil-Giron’s request to the Legislature to approve an additional $3 million to keep the secretary of state’s office funded through the end of the fiscal year on June 30. Since leaving office, Vigil-Giron has been criticized by her successor Mary Herrera and Republican lawmakers for possible financial mismanagement, and Herrera has continued the request for the emergency funding.

Republican senators asked Attorney General Gary King in a letter Thursday to investigate an allegation that Vigil-Giron spent $2.5 million more than was in the secretary of state’s operating budget for this fiscal year. That money was spent on costs associated with the 2006 election.

“It appears that these obligations may have been purposefully entered into contrary to state law,” the senators wrote. “We are therefore asking that your office review the legality of the secretary of state’s 2007 fiscal year transactions and the extent of the state’s liability. An investigation by your independent office is necessary to determine the propriety of the financial activities of this important office.”

In response to the questions raised, Richardson issued his own news release late today announcing an audit of the secretary of state’s budget and financial transactions that will be conducted by the Department of Finance and Administration. He also announced that he would put Vigil-Giron’s appointment to her new job on hold until the audit is complete.

“Governor Richardson wants to get to the bottom of the budget shortfall at the secretary of state’s office,” spokesman Gilbert Gallegos said. “Until the governor is confident that there are legitimate reasons for the shortfall, he is putting the appointment to the film museum on hold.”

In addition to the DFA audit and the request for an AG review, the federal government is looking into how Vigil-Giron spent $9 million in federal election money in 2006, the Journal reported. The costs of the election included the switch to a new paper ballot system and a multitude of commercials aimed at educating the public about that and other changes.

Vigil-Giron has been open about deficit

Vigil-Giron hasn’t tried to hide the deficit, and made a supplemental budget request before leaving office last year. She said at the time, according to the Journal, that unpaid expenses included $1.3 million to print ballots, $560,000 for media ads, $225,000 for supplies and $88,000 to print constitutional amendments and bond questions.

In addition, there was an $800,000 request for state money because Vigil-Giron’s office ran out of federal money to pay election costs related to high-tech equipment.

Herrera, who has been at odds with Vigil-Giron over various issues for months, asked for an audit after she took office in January. Before, that, she claimed in December that Vigil-Giron was leaving the office with a $225,000 operating deficit. Vigil-Giron said that was not true and told the Albuquerque Tribune that, if Herrera “had any brains in her head,” she would know that.

That was the first time the deficit of several million dollars was revealed publicly. According to the Tribune, Vigil-Giron at the time blamed the deficit on the state Legislature, saying lawmakers told her to come back and ask for the money once the final cost of the election was known, which is what Vigil-Giron did with the $3 million request late last year.

New appointment was controversial

News of Vigil-Giron’s appointment to the new job earlier this week earned Richardson criticism from members of his own party. Sen. Shannon Robinson, D-Albuquerque, had been the sponsor of Senate Bill 525, a bill sought by Richardson that would create a state Media Arts and Entertainment Department and consolidate the various film, media arts and music divisions in one place. It would have included the film museum.

He withdrew his sponsorship upon learning of Vigil-Giron’s appointment Wednesday, leaving the bill an orphan with an uncertain future. Robinson said there was no reason to appoint Vigil-Giron, who he said lacked the qualifications for the job.

He also said the film industry was disappointed by the appointment.

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