{"id":99381,"date":"2015-11-10T09:29:27","date_gmt":"2015-11-10T16:29:27","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/?p=99381"},"modified":"2015-11-10T09:30:58","modified_gmt":"2015-11-10T16:30:58","slug":"new-mexico-gets-d-grade-in-2015-state-integrity-investigation","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2015\/11\/new-mexico-gets-d-grade-in-2015-state-integrity-investigation\/","title":{"rendered":"New Mexico gets D- grade in 2015 State Integrity Investigation"},"content":{"rendered":"<div id=\"attachment_56542\"  class=\"wp-caption module image alignnone\" style=\"max-width: 771px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-large wp-image-56542\" src=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Kids-at-Roundhouse-771x504.jpg\" alt=\"A statue outside the Roundhouse in Santa Fe.\" width=\"771\" height=\"504\" srcset=\"https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Kids-at-Roundhouse-771x504.jpg 771w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Kids-at-Roundhouse-336x220.jpg 336w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Kids-at-Roundhouse-768x502.jpg 768w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Kids-at-Roundhouse-1170x764.jpg 1170w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Kids-at-Roundhouse.jpg 1500w\" sizes=\"auto, (max-width: 771px) 100vw, 771px\" \/><\/a><p class=\"wp-media-credit\">Heath Haussamen \/ NMPolitics.net<\/p><p class=\"wp-caption-text\">A statue outside the Roundhouse in Santa Fe.<\/p><\/div>\n<p>In 2010 Dianna Duran ran for secretary of state as a reform candidate who would clean things up in the wake of scandals that had plagued the office\u2019s two previous occupants. As a county clerk in rural Otero County and later a state senator, Duran had earned a reputation for cool-headed competence. She was endorsed by most of the state\u2019s newspapers and even the left-leaning editorial board at\u00a0The Santa Fe New Mexican\u00a0<a href=\"http:\/\/www.santafenewmexican.com\/opinion\/choose-duran-secretary-of-state\/article_48e29e94-87b7-590f-bc91-404bdb59977a.html\" target=\"_blank\">gave her a thumbs up<\/a>, citing a \u201csolid record of integrity.\u201d When she won, Duran became the first Republican to hold the secretary of state\u2019s office in 80 years.<\/p>\n<p>That was then. In late October, just a year into her second term, Duran, the state official in charge of overseeing elections, campaign finance and ethics, resigned and\u00a0<a href=\"http:\/\/www.abqjournal.com\/664411\/abqnewsseeker\/state-democratic-party-says-secretary-of-state-has-resigned.html\" target=\"_blank\">pleaded guilty<\/a>\u00a0to felony embezzlement charges related to personal use of campaign funds. After the hearing, Duran told reporters that some of her decisions \u201cwere not healthy.\u201d<\/p>\n<aside class=\"module align-left half type-aside\">\n<h3>About this article<\/h3>\n<p>This is a version of a story from the Center for Public Integrity, a nonprofit, nonpartisan investigative news organization in Washington, D.C. It is part of\u00a0<a href=\"https:\/\/www.publicintegrity.org\/accountability\/state-integrity-investigation\/state-integrity-2015?utm_campaign=syndication&amp;utm_source=yahoo-news&amp;utm_medium=taxonomy-link\" target=\"_blank\">State Integrity 2015<\/a>. How do each state&#8217;s laws and practices deter corruption, promote transparency and enforce accountability?\u00a0<a href=\"https:\/\/www.publicintegrity.org\/accountability\/state-integrity-investigation\/state-integrity-2015?utm_campaign=syndication&amp;utm_source=yahoo-news&amp;utm_medium=taxonomy-link\" target=\"_blank\">Click here<\/a>\u00a0to read more stories in this investigation.<\/p>\n<p>See also:\u00a0<a href=\"http:\/\/www.nmpolitics.net\/index\/2015\/11\/only-three-states-score-higher-than-d-in-state-integrity-investigation-11-flunk\/\" target=\"_blank\">Only three states score higher than D+ in State Integrity Investigation; 11 flunk<\/a><\/p>\n<\/aside>\n<p>It was a shock to veteran political observers at the Capitol, known as the Roundhouse, and a special blow to the image of the state Senate, where a Democratic lawmaker of 18 years had recently\u00a0<a href=\"http:\/\/www.abqjournal.com\/555514\/politics\/breaking-sen-phil-griego-resigns-from-nm-senate.html\" target=\"_blank\">resigned in the face of allegations<\/a>\u00a0that he used his office to benefit from a land deal.<\/p>\n<p>Even without those late-breaking charges against the secretary of state, New Mexico scored only 61, a letter grade of D-, and landed tied for 34th place in the 2015\u00a0<a href=\"https:\/\/www.publicintegrity.org\/accountability\/state-integrity-investigation\/state-integrity-2015\" target=\"_blank\">State Integrity Investigation<\/a>, an assessment of state government accountability and transparency conducted by the Center for Public Integrity and Global Integrity. Behind the score: widespread and systemic weaknesses in overseeing ethics, campaign finance and lobbying.<\/p>\n<p>The state did rise from\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2012\/03\/19\/18201\/new-mexico-gets-d-grade-2012-state-integrity-investigation\" target=\"_blank\">its 39th-place ranking in 2012<\/a>, but otherwise the 2015 tally hardly changed from how New Mexico fared in the inaugural investigation: a score of 62. The two scores aren\u2019t directly comparable, however because of changes to improve and update\u00a0the project and\u00a0methodology, such as eliminating the category for redistricting, a process that generally occurs only\u00a0once every 10 years.<\/p>\n<h3>A wide gap<\/h3>\n<p>What really stands out is that of all 50 states, New Mexico has the widest gulf between the laws that are on the books and the vigor with which they\u2019re implemented: the so-called \u201cenforcement gap.\u201d The striking enforcement gap in the Land of Enchantment punctuates a broader conclusion: when it comes to ethics and campaign finance, it can be pretty easy for bad actors to get away with breaking the rules in New Mexico.<!--more--><\/p>\n<p>For example, the State Integrity Investigation found that New Mexico has pretty muscular laws guaranteeing the public\u2019s right to know. But there is no hard deadline to produce records, and the attorney general\u2019s office (which provides legal representation to public bodies) historically hasn\u2019t made enforcement a priority. The AG\u2019s office rarely levies fines, instead relying on members of the public to hire lawyers and sue. And so the government can\u00a0<a href=\"http:\/\/nmpoliticalreport.com\/12292\/lawyers-time-and-money-how-to-get-public-records\/\" target=\"_blank\">effectively skirt the law<\/a>\u00a0simply by repeatedly ignoring requesters and delaying their responses.<\/p>\n<p>When it comes to campaign finance, the state Legislature has failed to address loopholes that came about as a result of the U.S. Supreme Court\u2019s\u00a0Citizens United\u00a0ruling, meaning vast amounts of money flow virtually unimpeded \u2014 and untraceably \u2014 into the political system. In New Mexico, super PACs can operate with extraordinary freedom because although they are technically prohibited from \u201ccoordination\u201d with candidates, state law doesn\u2019t define what coordination is. So super PACs raise and spend money on politics with little fear of legal repercussions.<\/p>\n<p>Most importantly, the State Integrity Investigation shows that New Mexico fails spectacularly at ethics enforcement, ranking 45th. Supporters of creating an independent ethics commission have for years pointed to the success of the Judicial Standards Commission, an independent state agency that handles allegations of misconduct against state and local judges. Nothing like it exists for the legislative or executive branches, meaning there is effectively no transparent, public mechanism for investigating and resolving ethics complaints.\u00a0 The state also ranked near the bottom of all states in terms of holding members of those two branches accountable to the public.<\/p>\n<p>For example, in 2014, state Sen. Phil Griego\u00a0<a href=\"http:\/\/www.sfreporter.com\/santafe\/article-8963-sold-out.html\" target=\"_blank\">orchestrated legislative approval<\/a>\u00a0for and then voted to approve the sale of a piece of state property in Santa Fe. Just one month later, Griego, who is also a real estate agent, then took a $50,000 commission for brokering the deal on behalf of the business that bought the property. He was allowed to serve for eight months after the allegations were made public, and he\u00a0<a href=\"http:\/\/www.santafenewmexican.com\/news\/blogs\/politics\/sen-phil-griego-resigns\/article_4f65b0a4-ca77-11e4-b495-97eaf1a8728a.html\" target=\"_blank\">then resigned<\/a>\u00a0rather than face any reprimand. Griego admitted he violated the constitution, but said it was unintentional.\u00a0 The day of his resignation, leadership of both parties and both houses of the Legislature released statements saying they had no comment \u2014 and explaining that they\u2019d asked their members not to comment either. Immediately after resigning, Griego\u00a0<a href=\"http:\/\/krqe.com\/2015\/04\/17\/senator-who-resigned-amid-ethic-probe-gets-state-pension\/\" target=\"_blank\">began drawing a legislative pension<\/a>\u00a0of $1,300 per month.<\/p>\n<p>Good government groups such as Common Cause have been trying to persuade the state Legislature to create an independent ethics commission for more than a decade, but lawmakers from both parties have repeatedly declined to act. The scandals involving the secretary of state and Griego\u00a0<a href=\"http:\/\/www.santafenewmexican.com\/opinion\/my_view\/reader-view-time-to-rethink-partisan-fox-guarding-candidate-hens\/article_eda2a0b3-3c1f-5cc3-b4eb-91825d960b4d.html\" target=\"_blank\">prompted renewed calls<\/a>\u00a0for an ethics commission, but if similar cases in the past didn\u2019t persuade the Legislature of the need for one, it seems unlikely these recent developments will turn the tide.<\/p>\n<h3>Non-disclosure<\/h3>\n<p>New Mexico also ranked near the bottom of the list for lobbying disclosure, tied for 43rd. That\u2019s in part because lobbyists aren\u2019t required to tell the public what issues they\u2019re working on or how much they make. When they do fill out required forms listing their expenses, they often don\u2019t list even the barest minimum of details \u2014 and the secretary of state\u2019s office has rarely penalized them for it.<\/p>\n<p>Despite New Mexico\u2019s overall abysmal grade, the investigation showed that the state does do a few things well. New Mexico earned a B- for its internal auditing systems, placing it tied for 17th. Although the state earned a D for the management of its civil service (the state workers who are not political hires), most other states fared worse, so the state ended up tied for 14th place.<\/p>\n<p>And in terms of judicial accountability, New Mexico is third in the nation. That\u2019s partly because of the work of the Judicial Standards Commission, the independent agency that handles allegations of misconduct against judges and has succeeded in educating, reprimanding or removing judges who are found to have acted improperly. For example, when former District Judge Michael Murphy of Las Cruces was under investigation for making offensive and biased remarks to court employees \u2014 and then indicted on bribery charges \u2014 the commission\u00a0<a href=\"http:\/\/www.abqjournal.com\/182984\/news\/accused-judge-may-take-plea-bargain.html\" target=\"_blank\">persuaded him to resign<\/a>\u00a0and agree that he would never again work as a judge in New Mexico, despite the outcome of the criminal case against him.<\/p>\n<p>\u201cThe legal community is too small to violate those ethics and codes of conduct because it will ruin your reputation,\u201d said Rachel Higgins, a lawyer who serves on the board of the New Mexico Trial Lawyers Association.<\/p>\n<p>Outside of Albuquerque, Santa Fe and a few smaller cities, New Mexico is a vast state made up mostly of small, close-knit communities: thousand-year-old Indian pueblos, faded ranching towns, bustling oil patches and villages where many people still speak the Spanish of their colonial ancestors. Although boosting entrepreneurship and innovation is a perennial goal of the political class,\u00a0<a href=\"https:\/\/www.jobs.state.nm.us\/analyzer\/default.asp?fromaltentry=1\" target=\"_blank\">federal, state and municipal government<\/a>\u00a0remain the biggest employers. Some believe limited competition and shallow worker pool contribute to a climate in which nepotism, cronyism and favoritism occur with greater frequency than in more populous and prosperous states. As Paul Gessing, executive director of the Rio Grande Foundation, a libertarian-leaning policy group, put it: \u201cIn a one horse town where the one horse is government, the level of interest and desire for those high paid government jobs will be accompanied by some level of horse trading.\u201d<\/p>\n<p>But others say the vast majority of public officials here are solid, honest people marred by the unethical actions of a few. \u201cIt\u2019s a self-fulfilling prophecy,\u201d said Viki Harrison of the good government group Common Cause. \u201cWe hear that we\u2019re corrupt. We throw our hands up and say nothing can be done. And then we get to another scandal and start the conversation again.\u201d Harrison believes the charges against the secretary of state will push the Legislature toward considering reforms. Although New Mexico tends to move slowly and conservatively toward change, it has shown itself capable of making great leaps when the time is right.<\/p>\n<div id=\"stateintegrity\" data-state=\"new-mexico\"><\/div>\n<p><script src=\"\/\/cloudfront-files-1.publicintegrity.org\/apps\/2015\/10\/stateintegrity\/embed.js\" type=\"text\/javascript\"><\/script><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Behind New Mexico&#8217;s ranking: widespread and systemic weaknesses in overseeing ethics, campaign finance and lobbying.<\/p>\n","protected":false},"author":1,"featured_media":56542,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[705,107,706],"class_list":["post-99381","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-analysis","tag-money-in-politics","tag-roundhouse","tag-transparency"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/99381","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=99381"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/99381\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media\/56542"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=99381"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=99381"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=99381"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}