Heath Haussamen
The New Mexico Senate adopted a process for conducting background checks on executive-branch appointees in 2007 for good reason: State government has had a lot of ethical problems, and background checks are one way to try to weed out those who engage in unethical behavior.
So the apparent refusal of Harrison Schmitt, Gov. Susana Martinez’s nominee to head the Energy, Minerals, and Natural Resources Department, is disappointing, to say the least.
Schmitt’s refusal was announced this afternoon by Sen. Linda Lopez, D-Albuquerque and chair of the Rules Committee. She said Schmitt met with her to inform her that he would not submit to the background check required as part of the confirmation process that starts in her committee.
The background check, Lopez said, is “an extensive review that includes a search for any prior criminal convictions and of the federal civil court records; verification of appointees’ assertions related to financial circumstances or improprieties such as bankruptcies, tax liens, and outstanding loans; and a review of disclosure statements related to potential conflicts of interest and ownership in business entities.”
The Senate is charged with confirming top appointees, Lopez said, “because of the tremendous influence and authority and power provided to those individuals in their official government capacity.”
“The review process is in place to protect the public and to provide the citizens of our state with an increased sense of confidence in their government,” she said. “As such, there can be no exceptions to the background review process.”
Lopez announced that she opposes Schmitt’s confirmation because of his refusal to submit to a background check.
As she should. So should all members of the Senate from both parties. Schmitt’s refusal is a challenge to the legislative branch’s authority to be a check on the executive branch. And it raises all sorts of questions about why Schmitt might not want a background check.
If Schmitt won’t act, Martinez should
Martinez was caught off guard by the situation. Asked about it earlier this afternoon by reporters, she said she had learned of it “just a few seconds ago” and needed time to figure out what was going on. She said her administration conducted a background check, “otherwise we never would have appointed him,” but added that Schmitt’s background should be “known to the public.”
Agreed. Schmitt’s previous, highly charged political comments have already made him the most controversial of Martinez’s nominees for cabinet positions. But his refusal to submit to a background check is simply unacceptable. The public must have the ability know that public officials are being transparent and honest with them. The Senate’s authority to ensure that happens must be respected.
Schmitt should immediately reverse course and agree to the Senate background check. If he won’t, he should resign, or Martinez should fire him.