Senate standing in the way of ethics reform

Resistance in the Senate may mean comprehensive ethics reform doesn’t have a chance in the 2007 Legislature.

Shortly after being one of 20 Senators on Thursday to vote to kill a proposal to open legislative conference committees, Majority Leader Michael Sanchez, D-Belen, had this to say to the Albuquerque Journal about ethics reform proposals:

“The reason that people are mentioning ethics issues is because of one man who was not a member of the Legislature,” he said. “What did the Legislature do to warrant the push for change? … Give me something factually that we’ve done to warrant all the changes that have been proposed.”

Sanchez made similar remarks during the conference committee debate.

He’s wrong. There have been numerous scandals in the past year, touching all three branches of government, and they point to a need for a system-wide overhaul of ethics laws. The proposals don’t single out the Legislature. They simply include it with the other two branches of government.

Here’s a sampling of the scandals that pointed to a need for ethics reform in 2006. I’ve written about these before, so I’ll briefly mention them now. If you want to know more, find articles using the search engine in the top left corner of this page.

• Former treasurers Michael Montoya and Robert Vigil are now convicted felons for their roles in abusing the authority of that office for personal gain.

• The state’s housing authority system fell apart amid scandal after one of the seven regions defaulted on $5 million in bonds it owed the state. The scandal touches Speaker of the House Ben Lujan (speaking of the Legislature), whose aide had been living rent-free in a home owned by the authority and who is close friends with man at the center of the scandal, who is currently the subject of a criminal investigation.

• Lujan slipped $75 million into the 2006 capital outlay bill without knowledge of other lawmakers or public scrutiny.

• Eric Serna, the former state insurance superintendent, resigned amid a conflict-of-interest scandal that included a large donor to and supporter of Gov. Bill Richardson.

• Former Attorney General Patricia Madrid, during her failed bid to unseat U.S. Rep. Heather Wilson, R-N.M., admitted that a $125,000 gift to her political action committee from Sunland Park Racetrack and Casino Owner Stan Fulton bought him access, beyond that enjoyed by average citizens, to share his concerns about a proposal to build a casino in Anthony.

• A former Española magistrate judge, Charles Maestas, had his rape conviction overturned because the statute under which he was convicted exempts judges.

• A former Doña Ana County magistrate judge, Carlos Garza, was removed from the bench for using cocaine.

• Gov. Bill Richardson’s appointments of donors and family members to state jobs continue to create what could be viewed as an appearance of impropriety.

• Former Senate President Manny Aragon (getting back to the Legislature) may be indicted after being implicated in a massive public corruption scandal involving the construction of law enforcement buildings in Bernalillo County.

• Still on the topic of the Legislature, Vigil’s brother and sister-in-law made headlines last year after his sister-in-law, Roberta Vigil, spent almost $10,000 of taxpayer money secured with the help of her husband, Rep. Richard Vigil, D-Ribera, on a private, invitation-only party under the guise of holding a workshop for employees of the West Las Vegas school district’s bilingual education program. In addition, Richard Vigil got his wife more than $40,000 to buy furniture, a refrigerator, a big-screen television and other items for her office.

Which brings up the next point: What did the House Rules and Order of Business Committee, faced with such a potential misuse of money, do to investigate it? Nothing, though it’s currently charged with such tasks when House members are involved.

The point is that 2006 revealed widespread, ethically challenged action in all branches of government that emphasizes the need for reform. Sanchez isn’t ignorant or naïve, and the other explanations for why he would make such false statements are few.

Do as I say, not as I do

Then again, there is reason for the Senate to be upset. The proposals are made by Gov. Bill Richardson, and he has had some trouble following his own advice. He told me during a trip to Las Cruces last year that there should be a ban on corporate airline travel, only to be outed by the media shortly after that as accepting lots of free airline travel from a smokeless tobacco company.

Richardson proposed this year a ban on gifts that would seem to include limousine travel. He proposed a ban on all gifts over $100 during the legislative session and $250 the rest of the time. Bills making their way through the legislative process actually propose a ban on gifts over $250 all the time.

Yet the newest lobbyist reports indicate that, on Feb. 1 in Las Cruces, Phelps Dodge Corp. lobbyist Dave Kimball spent $1,675 on a dinner and limousine for Richardson and other guests, the Santa Fe New Mexican reported.

Is this one last hurrah for Richardson before his own ethics proposals are enacted? Or are his proposals disingenuous?

One thing is certain: His do-as-I-say-but-not-as-I-do attitude is giving fuel to the arguments of ethics reform opponents in the Legislature. Regardless, Richardson’s antics shouldn’t be used as an excuse to not do the right thing.

What is most interesting is that the House, often the hotbed of shenanigans and politics at its worst, is in the process of approving the ethics bills, while the Senate has done almost nothing. Three of the seven bills in the House are already on their way to the floor, and the first will likely be approved today.

It’s apparent that House Majority Leader Ken Martinez’s challenge to Lujan’s leadership has had an impact. Martinez is a proponent of reform and the driving force behind the proposals in the House.

“We’re seeing great momentum on the House side,” said Matt Brix, director of New Mexico Common Cause and a member on the governor’s ethics task force. “My hope is that we can continue some of that momentum and progress on the Senate side.”

If only people like Sanchez weren’t standing in the way.

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