Dilemma Facing APS Voters

Tomorrow the voters go to the polls. Over the last two weeks there have been numerous endorsements filling the pages of the Albuquerque Journal supporting the $218.6 million tax levy for Albuquerque Public Schools (APS). A cynic might read this as a well coordinated public relations effort to counter the Community Oversight Committee (COC) report (pdf) that hit the news (subscription) just three weeks ago.

David Grieves, co-chair of "Yes for Our Children's Future," a group organized to push the tax levy, said he hasn't seen much fallout from the [COC] report. Grieves said the group has so far raised more than $40,000 to promote the tax levy and expects to have about $50,000 by Friday.

I am surprised there hasn't been more "fallout." I haven't found the arguments of the supporters against the COC findings to be very convincing. For example, there was this (subscription) rebuttal from the Albuquerque chapter of the American Institute of Architects. The foundation of this rebuke being:

The COC report makes many generalized conclusions based on inaccurate information. Because of these inaccuracies, its soundness as a tool for reform must be questioned. To my knowledge, no member of the COC contacted the architects involved with the projects cited in their report.

Hmm, I wonder where the COC got their "inaccurate" information. Could it have been from APS? If so, isn't this precisely one of the main points of the COC report?

Based on information provided to the COC, it is clear that voters were not provided accurate or complete information [emphasis added] on the $14 to $20 million District-wide technology upgrades; which was at least 10% of the entire bond issue placed before voters. Information provided to the voters clearly implied that students would directly benefit at each school, when in fact this was only an administrative computer system upgrade and provides no direct benefit to students.

Well, let's get back to those endorsements. Probably one of the least credible endorsements came from Lars J. Sego, chairman of the oversight committee. Utilizing talking points provided by APS, Lars "said that despite the criticisms, the six-member committee endorses the APS tax levy." I am personally struggling with this statement. I find it really difficult to believe that Zane Myers, the COC member who wrote this piece, is on record as endorsing the tax levy.

Here is the bottomline. APS had three weeks for the administration and board members to prove to the voters that they are serious about being good stewards of our public dollars. In their own words, there is a tremendous amount at stake:

If it's voted down, APS officials say they will have no money to make repairs to aging schools, leaving many with malfunctioning heating and cooling systems. Roofing and construction orders will be delayed, officials say.

They say the district may have to look at year-round scheduling and redistricting to combat overcrowding.

"The stakes are high," said Brad Winter, director of the district's Capital Master Plan. "We need this (tax) levy."

Unfortunately, the apparent lack of "fallout" that Mr. Grieves described took the pressure off of the district. Dr. Everitt sent an email to District employees on January 14th which closed with the following remarks:

Again, APS is proud of the capital improvements in our district, but we can get better. We are committed to find the most effective and efficient practices available today and seek new ones for the future. A plan to implement improvements in the capital process will be presented to the Board by June 1st or before.

June 1st is four months too late. The vote is tomorrow, February 1st, and a good faith gesture about the district's commitment to change would have been to present specifics about the plans to implement improvements to the capital process before the voters go to the polls not after. APS leadership, including all current board members, owed this to the voters, and more importantly to our kids.

"Oops. How did we do that?"

With each new session, the legislature rushes to introduce more bills than the last. I was flipping through the Santa Fe Reporter yesterday while waiting for lunch and came across an interview with Steve Arias about his longstanding role as the House Chief Clerk. Arias pointed out that when he first started working at the legislature there were about 500 bills introduced. Now we're trending four times that amount.

So, what's the result of this annual stampede to see who can introduce the most legislation:

The law, which was amended by legislators in 1999, "immunizes title insurance companies from damages imposed upon their insureds as the result of any negligent search conducted by the title insurance company," Jeffries says.

You read that right. The title insurance policies you are currently getting from title companies are worthless. That's over $121 millon worthless policies from last year alone. Even the executive director of the New Mexico Land Title Association agrees it would be a good idea to ammend this law again. What do our legislators have to say about this?

State Rep. Mimi Stewart, D-Albuquerque, who will sponsor a bill to change the law, says that many legislators were "appalled" when they were told about it at a recent interim committee hearing.

"Everyone was amazed and appalled. It was, 'Oops. How did we do that?'" Stewart says. "The law gives title companies complete immunity for negligent searches.

Representative Stewart, I'll tell you how you did it. Legislators are introducing an inordinate number of new bills each session with not near enough due diligence. Logic would dictate that you not only fix this law, but that you consider this a warning to put a stop to the legislative addiction of introducing more and more bills every session.

Of course, that would assume New Mexico legislators are logical.

Mayor Wants To Hold Businesses Liable

Sometimes less is more. Mayor Martin Chavez would have been wise to heed this adage. He was sitting on top of the world with polling numbers that would practically ensure his re-election, but he couldn't help himself. With all of the media attention focused on the legislature and the Governor, he just needed to do something to get in that game.

So, the Mayor devises a plan to grab some publicity by pushing statewide identity theft legislation. Normally, this would be considered pretty safe territory. A democratic mayor targeting criminals could now add "tough on crime" to his re-election resume. The problem is that Mayor Chavez, according to the New Mexico Business Weekly, isn't just aiming at criminals:

New Mexico businesses would be held liable for civil damages for mishandling the personal information of customers and employees when it leads to identity theft, under a legislative package that Albuquerque Mayor Martin Chavez says he will support in Santa Fe.

Go ahead, read it again. The Mayor, an attorney with a legal degree from Georgetown University, thinks it's just a splendid idea to provide trial lawyers with another reason to sue the business community. His proposed legislation is right up there with this (subscription) 2003 decision by the New Mexico Supreme Court:

Keys left in the ignition of an unlocked car invite theft, and stolen cars are 200 times more likely to be involved in accidents. Those might just be interesting facts until you put them into the context of a recent state Supreme Court decision. The court's unanimous opinion says that, in those circumstances, a jury could decide to hold a vehicle owner liable for any harm that results from the theft.

How about we just start holding criminals responsible for committing crimes? I know that doesn't make for a very good news story, and it doesn't really require new legislation, but it sure does seem to make a whole lot of sense.

Not So Much As A Nod

While reading the left column of the front page of today's Albuquerque Journal (subscription), I experienced deja' vue. It was eerily reminiscent of a post I recently wrote here and here (no subscriptions). Of course, I'm sure their article had nothing to do with my posts since there was nary a word of reference.

Update: Just in case you take the time to read the Albuquerque Journal article (notice the nod), you might pay particular attention to this jewel from the co-founder of Velásquez Magaña Lausell:

Velasquez said he had done consulting work for Richardson between 2000 and 2003, and that the governor had never employed the firm directly.

Personally, I find that a bit confusing. Even more so when you consider the firm's website prominently displays "Governor Bill Richardson, New Mexico" on their list of current and former clients.

Coincidental Timing

I'm sure it is just a coincidence, but you have to admit the timing is interesting. This airplane economic development hoopla hits within 72 hours of this not-quite-so-impressive airplane story. Plus, it has the added benefit of being the biggest news on the morning of Business Day at the Legislature.

Richardson Gearing up for THE BIG RUN...

And it's the White House not the Roundhouse.

Howard Feinman's article, Now Playing: 'Anybody But Dean, Part 2', about the struggle for control of the national Democratic Party quickly made the blogosphere rounds here, here and here. Of course, Governor Bill Richardson is at the center of it all, and that makes perfect sense considering the important role the elected Chairman could play in Richardson's 2008 presidential run.

That's right; the Governor's number one focus right now is clearing the way for his 2008 run for President of the United States of America. Now if you doubt it, maybe it's because you read the following in the Albuquerque Journal (subscription):

When asked about any White House plans, the governor said he's first focused on the upcoming legislative session and second on his re-election in 2006. He also mentioned the Democratic Governors Association as a priority.

"Now beyond those objectives, we'll play it by ear," [Richardson] said. "I'm not ruling anything out. But I'm not focused on it, really."

Yeah right! Governor Richardson, it's kind of hard to take you at your word when your own lobbyist has gone ahead and registered:

richardsonforpresident.com
richardsonforpresident.net
richardsonforpresident.org
richardsonforpresident.us
billrichardsonforpresident.com
billrichardsonforpresident.net
billrichardsonforpresident.org
billrichardsonforpresident.us

We're not talking about some johnny-come-lately lobbyists either. We're talking about the kind of folks that former Presidents call "my friend." We're talking about an "A" player Hispanic fundraiser. We're talking about lobbyists that could guide the Governor in "gray area" fundraising.

Now don't get me wrong. I have no problem with Bill Richardson running for President. I just think he owes it to New Mexicans to be up front about his future aspirations. After all, the first Tuesday in November of 2006 we'll be voting for a Governor, and if Richardson is going to be spending all of his time running for President of the United States, we should have that information before we go to the polls.

State Government Bad Judge of Character - Again

My what a difference two months can make. There is this October press release taken from the New Mexico Economic Development site:

Governor Bill Richardson today applauded American Utilicraft Corporation's announcement today that it is seeking to build its cargo plane assembly plant at the Double Eagle II Aviation Park in Albuquerque.

Compared to this excerpt from a Sunday Daily Herald article:

While state economic development officials introduced [American Utilicraft] and its plans to the tribe last year, Secretary Rick Homans said in a December letter to a Navajo official that the state never vouched for the company.

Secretary Homans, the state may never have vouched for them, but the Governor sure gave them a glowing endorsement: "We welcome entrepreneurial companies like American Utilicraft, and we will do everything we can to help them open their businesses in our state."

Luckily, the Navajo Nation seems to be smarter than the State of New Mexico when it comes to sniffing out a scam.

At the tribe's request, the state Finance Authority hired a consultant to review the deal in December. A copy of the review was delivered to the tribe Jan. 3.

The review found that the $34 million investment by the Navajo Nation would only buy the tribe a 25 percent ownership stake despite a total company valuation of $8 million to $10 million.

It also found a low likelihood that two key aircraft sales contracts would materialize due to a history of bankruptcies accompanying the CEO of one purchaser and the lack of available information for the other.

As part of the proposal, Utilicraft CEO John Dupont would get a nearly $100 million severance package should problems with the deal develop.

According to the Finance Authority, company rules allow Dupont to initiate his own severance package by terminating himself if his responsibilities are changed, his pay is cut or the geographic location of his job is moved by more than 20 miles.

Now, you would think that Land of Enchantment officials might have learned from their lack of due diligence in the past. Two investment fiascos in the first term of one administration sure does support the case of those who feel that governments do not belong in the venture capital business. I'm thinking Governor Richardson and Secretary Homans would be wise to reconsider their whole plan for creating economic prosperity in New Mexico. There are much simpler ways than gambling with taxpayer dollars.

Update: My use of the word scam may have been a bit harsh. The facts I am basing my "analysis" on came straight out of the newspaper. Reading about a CEO being guaranteed a $100 million golden parachute from an eight million dollar company, just does not seem right.

If someone has some other information that would shed more light on this issue, I would be happy to update my blog with the corrected information. I'm about as pro-business as you can get, and hate to see any business unjustly get a black eye.



Technorati Tags: Bill Richardson, Navajo Nation, Taxpayers, New Mexico

Expand the Feast Column Penned by Richardson

"Some states feast at the expense of others," according to the Tax Foundation, and at $1.99 back for every dollar paid in taxes, New Mexico is the reigning champion of consumption. You would think Governor Richardson would be satisfied, but apparently gluttony knows no bounds. Richardson has taken to the pages of the Washington Post to write Uncle Sam for more:

Under my plan, states would be prohibited by law from spending more than a fixed amount on health care. The federal government would pay for the rest. It would be obliged to insure populations that the state had covered. It would retain flexibility to change eligibility and benefits for groups covered by federal law, such as poor children and seniors. Rather than shifting all risk of unexpected costs to states, this plan would shift such risk and cost to the federal government.

Translation - The Governor thinks it is a much better idea for New Jersey residents to pay for the healthcare costs of New Mexicans. (Disclaimer: I have some very dear relatives living in New Jersey.)




Technorati Tags: Bill Richardson, Washington Post, Tax Foundation, New Mexico

Subscription Service Now Available

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In Search of the State Engineer's Motivation

Over at the Political State Report, I received the following comment from a reader:

I understand if property rights are the alpha and omega of this issue as far as you're concerned, but it might help your readers to have presented the State Engineer's motivation for seeking to cap the use of private wells. Nowhere do you describe the state of water scarcity in New Mexico that might have led them to take this (otherwise inexplicable) decision.

Posted by Brittain33 at January 20, 2005 10:10 AM

Since I aim to please, I started searching for the State Engineer's motivation. I am sorry to report that I wasn't able to find anything that justified this unconstitutional proposal. However, I did find this information posted on a downloadable PDF at the State Engineer's website demonstrating just how "inexplicable" this legislation is.

The domestic category use of water use, expressed as a percent of the state total in New Mexico in 2000, hovers around one percent. Look at the numbers for yourself:

Commercial (self-supplied)
0.6% of Total Withdrawal
0.79% of Total Depletion

Domestic (self-supplied)
0.83% of Total Withdrawal
1.35% of Total Depletion

Industrial (self-supplied)
0.28% of Total Withdrawal
0.3% of Total Depletion

Irrigated Agriculture
76.14% of Total Withdrawal
68.28% of Total Depletion

Livestock (self-supplied)
1.03% of Total Withdrawal
1.68% of Total Depletion

Mining (self-supplied)
1.6% of Total Withdrawal
1.84% of Total Depletion

Power (self-supplied)
1.49% of Total Withdrawal
2.18% of Total Depletion

Public Water Supply
7.84% of Total Withdrawal
6.96% of Total Depletion

Reservoir Evaporation
10.19% of Total Withdrawal
16.62% of Total Depletion

State Totals
100% of Total Withdrawal
100% of Total Depletion

This data makes the State Engineer's proposal not only "inexplicable," it proves it unconscionable. His proposal has nothing to do with dealing with the "state of water scarcity" in New Mexico and everything to do with a government power grab.

State Engineer Launches Water Seizure Offensive

The State Engineer, with the blessing of Governor Richardson and apparently at least one business group, is once against launching an effort to seize our water rights during the legislative session.

Currently, a landowner has the right to drill a well and draw three acre feet of water per acre of land. Now, they want to cut that back to one acre foot, and some want to cut it back even more. The rationale appears to come straight from the 1000 Friends of NM playbook:

It is reasonable to have a category of water right that is available on demand for legitimate domestic use. It is not necessary that each applicant be granted three acre-feet per year for such uses. Domestic rights should be reduced to a value that may vary from one part of the state to another based on availability and demand, but in any case should not exceed one acre-foot (325,829 gallons) per year. This amount is more than adequate to serve an average family's needs.

Hey, what happened to a free enterprise democracy? Governor Richardson and his State Engineer appointee are signing on with these folks to limit us to what the government will determine as the amount "more than adequate to serve an average family's needs." (Sidenote: ACI, you can't support this legislation and at the same time say, "ACI further believes water allocation can best be accomplished through the free market
system operating under the water laws of the state of New Mexico.")

What's next?

A cap on income to a level that is more than adequate to serve an average family's needs? Maybe a limitation on land ownership to an amount that is more than adequate to serve an average family's needs. Or perhaps, a restriction in home size to a size that is more than adequate to serve an average family's needs. Oh, I know what's next. We'll follow China's example and limit the number of children per couple to a level that the government deems adequate to serve an average family's needs.

But wait, just like a ginsu knife infomercial, there is a more (subscription):

Gov. Bill Richardson and State Engineer John D'Antonio will once again ask legislators for the power to deny new domestic wells in critical areas.

What exactly does "deny new domestic wells in critical areas" mean. Let me try and draw you a picture. You live in a critical water management area, like say the East Mountains, and down the road, you want to build a house on land you own. Maybe you want to build a house for your children, so that your grandchildren will grow up nearby. Well, you apply to dig a well and your application is returned with a big DENIED stamped across the top. Why? The State Engineer was successful in passing legislation in 2005 that denies you the right to drill a well even though you had that right when you originally purchased the land. Not a very pretty picture, is it?

Richardson's State of the State Outlines Bigger Government

First impression of the Governor's State of the State is that it reminds me of my kids' Christmas list this past year. You see, they are six and four, and my wife made the mistake of handing them a toy catalogue and telling them to pick what they wanted by folding down the pages. About twenty minutes later she received a forty plus page catalogue back with all but six pages folded over. Reading Governor Richardson's State of the State, it sure feels like someone handed him a catalogue of all of his options for this legislative session, and he handed it back with ALL of the pages folded over.

In sixty days, Governor Richardson plans on passing laws that will solve everything from childhood obesity to reducing dependence on foreign oil. Heck, even the Governor's pre-State comments indicated he was going to throw the "kitchen sink" at the Legislature. A word of caution, if you throw a kitchen sink, someone is going to get hurt. Let's delve a little further, shall we:

We’re going to cut taxes for New Mexicans, focusing on single parents and low- and middle-income earners. The tax relief I am proposing is consistent with my approach: fiscally responsible, affordable, and sustainable. When we are blessed with additional resources, I believe we have a duty to turn some of those resources back to the people, not to more programs.

Amen, Governor Richardson. Give taxpayers back their money. Don't take a projected surplus and create more government. I'm one hundred percent behind you. I take back all those things I have said about you in previous posts. You are a man who understands that government does not create prosperity. A government heavy economy has done little to help New Mexico rise to the top. Yes sir, Governor Richardson, we're on the same page.

We want to provide tax exemptions for our promising aviation industry, and create the New Mexico Spaceport Authority to develop this important and innovative opportunity.

Oops, I may have spoke too soon. What happened? I thought we had an understanding. You've got the tax credit part down, but what is this about creating a new Government Authority. Remember, we just agreed to avoid creating more government bureaucracy.

I am proposing a 16-percent, 78.4-million dollar increase for Medicaid. This is responsible, manageable growth that will allow us to both protect our most vulnerable citizens and contain costs.

Oh no, this is a rapid down hill slide. I can't believe your qualifying a one-year 16% increase in annual recurring expenses as responsible and manageable growth. Do you realize that at that rate the three-year compounded growth would be more than 50%? In the private world, we would call that "spiraling out of control." This is starting to look like a serious departure from that opening promise.

To facilitate this, I am proposing the creation of the New Mexico Transmission and Storage Authority, which will help overcome some of the obstacles to wind energy development. It will concentrate on transmission planning, interstate negotiation, and financing tools in a new independent authority. It can help construct the transmission capacity we need to move our energy to markets in other states. And it will help produce billions of dollars in new construction and more stable utility costs for consumers.

Oh great, just what we need in this state, another Government authority. That is two new authorities in one speech. Governor, did you already forget how we feel about some of these other legislatively created authorities?

The Governor's address is making me very nervous. The fiscal bottomline is that when the numbers are crunched, the new recurring expenditures he is trumpeting are going to far outweigh the tax cuts. If Governor Richardson succeeds in passing many of these new programs, it does not bode well for our state's financial future.

Look For More Heads to Roll at Los Alamos Labs

I've run a few businesses in my career up to this point. Granted, they are pretty small potatoes compared to the estimated $2 billion a year contract to be had for running Los Alamos National Labs (LANL) for the Energy Department, but still, I have got a pretty good grasp on what constitutes a sound business decision. For example, it would be a lousy idea to counter employee theft with a solution that costs a 110 times more than the theft itself. This is precisely why I'm still trying to make sense of this:

LOS ALAMOS, N.M. (AP) Los Alamos National Laboratory will be able to track its purchases better with its new off-the-shelf computer software package. The 160-million-dollar system is being rolled out during the next two years.

First things first, what kind of store lines it's shelves with $160 million dollar software packages? I'm guessing not Best Buy. This seems a little steep to me for an "off-the-shelf computer software package." Heck, it seems steep for a one-of-a-kind-design package. Let me repeat, we are talking about $160,000,000 to track purchases.

Now, I'm just a small business owner, not a procurement expert, so I figured maybe I should do a little comparison shopping. After all, it could be that I'm just out of touch with current software prices. First, I found Palmas, but they only go up to $100,000 for a"full-featured e-procurement system." Obviously not in the same league as LANL's suppliers.

To prevent accusations of being a one source wonder, I decided to search for additional vendors, and that's when I came across Elance. This company was able to fill the needs of Motorola's 20,000 purchasing employees (Los Alamos Labs has a total of 7,000 employees) for a three year contract costing between $3 million and $5 million a year.

I was about to continue my search, when a thought occurred to me. We're talking about one the greatest brain trusts in the world. You can't turn around in Los Alamos without bumping into a PhD. What are these guys doing buying off-the shelf software anyway? Run a $1 million contest, and I'll bet a couple of LANL employees on sabbatical could kick out an amazing program in a couple of weekends. You think I am exaggerating. Folks with this kind of intellect and know-how build rockets to launch into space for a measly $10 million prize. Well, if Representative James Greenwood was "astonished" before, I can only imagine how he is going to feel once he hears about this $160 million dollar use of taxpayer money.

Now, will someone please tell me where to go to collect my $930,000, or maybe I should forego the pocket change, and throw my hat in the ring for that open contract.

Republican Legislator Takes Pit Bull Battle to Edgewood

I received this email from Rena Distasio on the latest in Senator Sue Wilson-Beffort's quest to rid the Land of Enchantment of pit bulls. It is rather long, but I believe it is worth reading. All of the links in the quoted texts were added by me.

Just thought I'd pass on to you the goings on at the Edgewood City Council meeting this past Wed., January 12, at 6:30 p.m. The meeting was held to present information on the pros and cons of breed specific legislation [BSL] since Edgewood is considering banning pit bulls.

I have to hand it to the council; they allowed everyone to ask questions or make comments after each of the four speakers -- Vicki Lenderman, Edgewood's animal control officer, Viki Elkey from Animal Protection of NM, Bob Schwartz, Governor Bill Richardson's crime expert, and NM State Senator Sue Wilson Beffort.

Pretty impressive line-up. Good to know that Gov. Richardson's crime czar was on the scene.

Lenderman was conducting the meeting, but comments she's made previously in the press are decidedly anti-BSL; Elkey and Animal Protection is against BSL; Schwartz made it clear he wasn't there to state his personal point of view, just to present the Governor's dangerous dog law, which seems to be non-breed specific; Sue Wilson Beffort is the Republican Senator pushing for a state-wide ban of pit bulls and a dozen other so-called dangerous dogs.

Actually, she isn't yet proposing a ban on the other dangerous dogs - just attempting to fill state coffers.

I think we managed to sway the council towards non-breed specific laws. And much of that credit must be given to Beffort herself, who is cutting her own throat with this issue.

When I elect a public official, I do so hoping that they will do for me what I often cannot do for myself: research, objectively and fairly, all sides of an issue, and present to me the pros and cons of that issue as it pertains to my civil liberties. With all due respect to the senator, she is overstepping her bounds as a public official. Not only is she woefully ignorant of the basics of canine behavior, temperament, and history; she has admittedly based her argument on emotion, gut feeling, and, in my humble opinion, the desire to wield control over others.

Hey Rena, you should probably go easy on the Senator. It's not entirely her fault that she is pushing an issue before she has really had a chance to learn all of the basics. These legislators only have 60 days to introduce and attempt to pass over 2,000 bills (subscription). With such fierce competition to get credit for a new law, it's not really a priority to fully study the issues.

Just a few examples:

She quoted as the basis for her legislation an inflammatory remark made by a Denver judge (and non-dog expert) that pit bulls are "something other than dogs." Ask any dog expert and they'll tell you: ALL dogs belong to the same species, Canis lupis (familiaris), just like all humans whether Asian, Caucasian, Native American, etc. -- are Homo sapiens. You wouldn't say that Hispanics, by virtue of their culture and skin color, are other than human beings. So it makes no sense to say the same thing about dogs. Like human beings, dogs share the same genetic makeup of their specific species.

Well, as an all-American mutt (Ecuadorian Hungarian Jew), this all sounds scientifically sound to me. I've always felt comfortable in my knowledge that I am a member of the same species as the other humans around me.

Further, according to Bob Schwartz, Senator Beffort intends to include in her breed ban up to a dozen other dogs. However, the one dog that is exempt is the American Staffordshire Terrier. Another example of Beffort's ignorance and unwillingness to research her issue. Anyone with the slightest knowledge of dog breeds knows that the American Staffordshire Terrier IS a pit bull, only with slight differences in conformation from the American Pit Bull Terrier. At the turn of the century in the United States the UKC was established to register the American Pit Bull Terrier and the AKC in turn registered the same breed, only under the American Staffordshire Terrier name, so that they could distance themselves from the dog's fighting heritage.

Unfortunately, I was not able to address this issue with Beffort. But I did get to make several other pointed comments: One, I asked the Senator to explain where she got her information on dangerous dogs. Her answer: "Well, I'm not sure, but you know, it's out there. It's widely agreed upon. "

Then I pointed out that her legislation tramples all over our Constitutionally guaranteed right to due process. She couldn't meet my eyes and had no answer, either.

Other members of the audience made great points as well. Tom Payne of Lodestar Dog Ranch (a Lab rescue) here in Tijeras likened Beffort's legislation to the government banning people of Irish decent in New Mexico because it's been "proven" they drink more and are therefore more likely to be involved in DWIs.

A journalist from "The Independent" pointed out that Beffort's required $1,000 licensing free for each "dangerous dog" already in existence would place undue hardship on lower income families. Beffort further revealed her class-ism with a comment to the effect that when she lived in the foothills of the Sandia Mountains, her neighborhood had no dog bite problems because those kinds of people tend to own "poodles and such."

Senator Beffort makes me ashamed to be a Republican. I always thought our party believed in upholding our civil liberties as the first principle of American citizenship. Guess not. Because Beffort's legislation presumes us all guilty of a crime simply by virtue of the kind of dog we own. I believe this runs contrary to the founding judicial principle of the United States of America: that we are all innocent until proven otherwise by a jury of our peers.

Rena is right. There has been a recent trend in New Mexico of legislators introducing laws that attempt to punish all for the irresponsibility of a few. This needs to stop. Moreover, an introduction of more than 2,000 bills show a lack of focus on issues that are truly plaguing this state. I challenge any New Mexican to come up with a list of more than 20 truly pressing issues that need to be addressed statewide. Please Senator Wilson Beffort, I hope you'll reconsider this crusade and get back to the priorities you had in the past.

Pat Rogers Roast

Last night, my wife and I joined about a hundred others for a Pat Rogers roast. Attorney Rogers, according to the invitation, is a seeker of serenity, protector of virginity and enforcer of election integrity. An odd trilogy of traits to be sure, unless you live in New Mexico. Now prior to attending the event I had fully planned to blog the entire evenings festivities.

Yes, it would have given me much delight to discuss the various impersonations performed by present and former elected officials. I would have also loved to share what I learned about the dating rituals of Roswellians over two decades ago. Alas, there was some sort of legalese posted on the wall right near the no-host bar. I consulted with one of the many, many attorneys present, and even a political consultant who wishes he was an attorney, and came to the conclusion that it would be in my best legal interest to refrain from blogging about the event.

So, I leave you with this thought. Anyone who has ever felt that Republicans do not have a sense of humor has never attended an evening where Republicans roast of one of their own.

Political State Report Comments

I recently joined Political State Report as a contributing writer. It is a great place to go if you want to get the political lowdown on other states. Instead of writing all new posts, I just cross post on that site. I found it interesting that my most recent post about the Governor generated a flurry of comments over there, and only one comment here. I wonder why that is?

Gov. Proposes Taxes on Children and Elderly

The Albuquerque Journal is once again showing their bias. Either that, or Governor Richardson now has the editors on the dole. On Tuesday, the front page headlines, looking more like campaign literature than headlines, scream "Tax Cut, Raises in Gov.'s Proposal."

On Wednesday the Albuquerque Journal hides the Governor's proposed tax increases on page B3 under the headline "Governor Unveils Health Proposal" (subscription). This is the second time they have downplayed the tax increases proposed by the Governor.

Let's take a moment and look at the target of Governor Richardson's latest proposed tax increases. First, he wants to tax school children:

The grab bag of proposals also calls for imposing a fee on vending machine providers in schools -- $250 in elementary schools, $500 in middle schools and $750 in high schools -- that will raise about $4 million for children's health.

Make no mistake, this "fee" will be passed right on through to our children and the poorest among them will be the hardest hit. How do you top a tax like this? Here's how:

In addition, some nursing home residents and their families could be subject to a potential tax increase to help finance Medicaid next year.

Richardson is recommending the repeal of a tax credit enacted last year to help as many as 1,800 New Mexicans offset a nearly $9-a-day tax on nursing home beds. The state would collect an additional $2 million by the repeal.

Ouch! Rather than show fiscal restraint in his budgeting process, Governor Richardson elects to tax children, the elderly and the infirm. And they say Republicans lack compassion.

Judges Upset Over Report Card

Here is an excerpt of another gem (subscription) from yesterday's Albuquerque Journal:

Metropolitan Court judges voted Tuesday to sever their relationship with an anti-DWI group because it released judges' conviction rates in October.

"The DWI Resource Center became a partisan organization when it issued those rankings" before the November election, said Janet Blair, a Metro Court Spokeswoman. "The judges wish to avoid that and deal only with organizations that are non-partisan."

It appears our judges are not very proud of their track records. They would prefer the public not be aware of their abysmal average conviction rate of 70%. But, do they attempt to fix it? No, first they plead innocent to the charge by pointing out that the DWI-Resource Center number is low because they include dismissed cases. Next, they deliver the verdict that this is nothing more than partisan politics. Finally, they can move to the next item on their docket, endangering the lives of our citizens by putting drunk drivers back on the road again, and again, and again, and again.....

There is one glaring problem. The accusation against the DWI-Resource Center of partisan attacks seems ripe for dismissal in a court of law. You see, it was just Sunday that I read (subscription):

Gov. Bill Richardson and the chief justice of the state Supreme Court will hold a summit next Saturday to attack the "alarmingly high dismissal rates" of DWI cases in New Mexico.

I wonder if the Metropolitan Court Judges are also victims of the Grand Conspiracy.

Mayor Chavez Never Gets it Quite Right

Just when you think Mayor Chavez is going to do the right thing, he goes and messes it all up. Take this from yesterday's Albuquerque Journal (subscription):

Chavez announced creation of the office several weeks ago. He said it will be launched with $100,000 that came from belt-tightening in the Mayor's Office and the office of the chief administrative officer.

Apparently the Mayor doesn't understand how this whole "belt tightening" process is so supposed to work. You're not supposed to find ways to save money, and then immediately turn around and spend the money by creating a new recurring cost that over ten years will cost a minimum of $1,000,000.

The worst part is this total waste of taxpayer dollars is going towards creating a staffed volunteer "clearinghouse." The rationale provide by the Mayor's office:

People will be able to call the office to sign up for a volunteer activity of their choice.

The city uses thousands of volunteers at parks, libraries, museums, programs for the elderly and other functions. Service agencies outside of government also will get help finding volunteers.

You know, I'm glad that the city uses thousands of volunteers. However, did the Mayor ever consider that for a mere fraction of the first year cost of adding to the city payroll, he could have just tweaked the city website to list volunteer opportunities. This improvement would be a non-recurring costs that in the long run would save hundreds of thousands of dollars. This all makes you wonder how many other unnecessary programs this Mayor has implemented with city dollars just to be able to get some media coverage.

School Accountability Scandal on Governor Richardson's Desk

On the front page of today's Albuquerque Journal, "Reports Says APS Wastes Money."

We already established that school accountability has apparently very little to do with student performance. Now we learn that school accountability has nothing to do with financial diligence. It sure makes you wonder about our ranking as seventh in the nation in school accountability.

Governor Richardson, please explain again your rationale for providing another $134 million in education related funding. And don't even think of saying this is just an APS problem. As I recall, you pushed for a Secretary of Education, and according to your own words, the reason was:

Yes on One means now there will be a Secretary of Education -- providing real accountability for our educational system -- and ensuring that for the first time, the buck stops with one person, the Governor. I will make sure dollars go into the classroom and not into administration.

Now it is time to see if there is any backbone to that promise. APS is flagrantly making you eat those words. They did it here:

Concerning that election, the report said voters were "not provided accurate or complete information" on the $14 million to $20 million for technology upgrades. The upgrades were mainly for administrative purposes, although APS had implied that students at each school would directly benefit, the report said.

And again here:

For example, Meyers said he was disturbed that the APS radio station, KANW, received $216,000 in repairs from the 2003 bond. That's more than what was given to 40 schools combined, Meyers said.

Yes sir, the "proverbial buck" is sitting on your desk, and I can't wait to see what you are going to do with it. Will heads roll? Will tomorrow's front page lead with Governor Richardson demanding resignations? Will the promised increase in state funding be withheld? Will the Governor's PAC get involved in the upcoming school board election? Or, will the Governor simply employ his trademark political sidestep by creating yet another task force and calling for an investigation?

The smart money is riding on the latter. It allows time for the School Accountability Scandal to blow over, and let's Governor Richardson focus on the issues that really matter to him.

Richardson Throwing Money at Education

A press release on the New Mexico Public Education Department website announces that "Governor Bill Richardson outlines plan to continue investment in classrooms." This release comes just five days after the exciting proclamation that "Governor Bill Richardson praises national report showing significant education gains."

Just in case you missed my post about the latter, let me try and sum it up for you. The Quality Counts 2005 report gives high scores to New Mexico for spending more money, creating standards, assessments and accountabilities, letting parents know that unqualified people are teaching their children and devising a new three-tiered licensure system. What they, and Governor Richardson, fail to mention is that New Mexico children still score worse on tests than most, and in many cases all, other students in the nation.

However, this Governor is never one to let the lack of results stop him from spending more of our tax dollars. Or maybe, the media spin was precisely the results he was seeking. Either way, his next step is to unveil a $2.1 billion education plan for this coming session. Can't you just imagine him calculating the rankings another $134 million will buy in the Quality Counts 2006 report.

To get an inkling at how the Governor's "Prepare for Success" initiative is being implemented, let's take a look at this recent article in the Gallup Independent about Tohatchi Mid-School. This is a school that is currently on corrective action as a result of four years of probationary status.

All of the seventh graders last year were given [$1,300 laptop] computers as part of a program set up by New Mexico Gov. Bill Richardson.

Wow, I wonder how many years of probationary status it takes to get a car.

"There's a trend that shows that students start losing interest in school about the 7th grade," [the school principal] said. But the computers,with their games, and access to the Internet, have done wonders in the last year to get students interested again in learning.

Mind you, this astute observation is made by the same school principal who has led during the last three years of probationary status. I wonder if he has also found a trend that shows Mine Sweep and Solitaire improve student performance. Oh right, I forgot. Improved student performance is no longer considered a key measurement of a "Quality" education.

Go Ahead, I Dare You

This past Friday morning, I attended the Santa Fe Chamber of Commerce "Business over Breakfast" meeting at the Santa Fe Hilton. It was a well attended event with the feature attraction being the delegation of legislators that represent The City Different. Now I can't recollect whether it was Speaker Ben Lujan or Representative Lucky Varela who brought it up, but one of these distinguished gentleman said that it is time that New Mexico had electoral reform.

You think?

Where the heck have these guys been for the last couple of years (subscription). Oh right, I remember. They have been taking advantage (subscription) of the rampant election fraud that has been benefiting the Democratic Party in New Mexico for years. When Governor Richardson kept counting ballots (subscription) until he got a number that would allow him to raid the Permanent Fund, I don't recall these legislators clamoring for reform.

No, quite the opposite was occurring. All election reform bills were dead on arrival (subscription). Republicans who called for voter identification were accused of wanting to suppress the vote (subscription). How quickly that all changes when the Democrats have egg on their face for failing to deliver the state for their presidential candidate.

Well, now here is your chance. Go ahead Speaker Lujan and Rep. Varela, I dare you. Go ahead and introduce a bill that requires photo identification to vote in the state of New Mexico. Stand up in the Roundhouse and loudly proclaim that our Democracy, the Democracy for which many brave men and women are risking their lives as you read this, deserves the same protection as our favorite video rental.

I don't think you'll do it, but I hope you prove me wrong.

Governor Richardson's Playbook

Last night, I finished reading Robert Penn Warren's Pulitzer Prize winning novel, All the King's Men. This novel, and the 1949 movie which followed, were inspired by the rise and abuse of power of Louisiana Governor Huey Long.

As I read, I was startled by the similarities between the fictional character, Governor Willie Stark, and our very own Governor Bill Richardson. Just so you don't think this a result of personal bias, I'll give you a few examples that you can judge for yourself. First, consider this conversation between Willie Stark and a political appointee:

He held out the sheet to the Boss [Stark], who read it, folded it, tossed it over the foot of the bed near which he sat. "Yeah," he said, "I'll fill in the date when I need to. If I need to. It all depends on you. But you know, Byram -- why I didn't get one of those undated resignations from you from the start I don't know. I got a stack of 'em.

Eerily familiar (subscription) isn't it. I'll bet you Governor Richardson accumulated an even larger stack of signed, undated resignations than Willie Stark.

Ok, still not convinced. Well, then how about this tidbit of information. The novel is narrated by character Jack Burden, a reporter, who ends up on the Governor's payroll in this passage:

"Want a job?" [Stark] asked.
"I'd consider a proposition."
"Three hundred a month," he said, "and traveling expenses. When you travel."
"Who do I work for? The state?"
"Hell, no. Me"

After Jack gets on the government payroll to work, not for the state, but for the Governor, he becomes an incredible asset in helping Stark achieve his goals through manipulation. Well, if one reporter on the payroll is good, think what the platoon of reporters (subscription) on Governor Richardson's payroll is accomplishing.

Now, I don't want this post to go on forever. I could come up with many more similarities between Governor Richardson and the fictitious Governor Stark, but I'll leave you with this excerpt from the novel:

"Can't you understand either? I'm building that place, the best in the country, the best in the world, and a bugger like Tiny is not going to mess with it, and I'm going to name it the Willie Stark Hospital and it will be there for a long time after I'm dead and gone and you are dead and gone...."

That did it for me. See the November news was still fresh in my mind. You know, the decision by the University of New Mexico Board of Regents to unanimously name the new UNM Children's Hospital and Critical Care Pavilion in honor of the Governor and Mrs. Richardson. Apparently, unlike the characters in the novel, the New Mexico Board of Regents could understand the Governor's wishes.

A Close Call

I read an article today and thought, "My blogging days are over." You see, less than twenty-four hours had lapsed since I expressed my disbelief that Governor Richardson was taking credit for improving education. At the time, I had been reasonably confident in my criticism. I just didn't see how Richardson could get away with proclaiming a better education system during the same year it was announced that New Mexico had clinched the title of the Dumbest State for third year in a row. Granted, his ability to spin is right up there with the best of them, but I have to believe that even Governor Bill Richardson has his limits. That was until I read this in the New Mexico Business Weekly:

Governor Bill Richardson has praised a new national report card that rates New Mexico's standards, assessments and school accountability as among the best in the nation.

The Quality Counts 2005 report, an Education Week/Pew Charitable Trusts report on national education released this week, shows that teacher quality in New Mexico has improved for the last two years -- and has jumped from 30th to 17th since Gov. Richardson took office.

There it was in black and white -- improvement. Maybe I was all wrong about the guy on the fourth floor. I was starting to feel somewhat Ratheresque, but I knew I must keep reading.

The report also found that New Mexico ranked 7th for its academic standards and received a grade of A, with an overall score of 94 out of 100. The state ranked 17th for its efforts to improve teacher quality, the report said. In this category, New Mexico received a grade of B-, with an overall score of 81.

There were no "emerging" grades here. A's and B's are the stuff that make parents proud. I remember that from my school days. It was definitely looking bad for me. My dreams of blogger glory were beginning to fade away. The 21 days spent pounding on an unforgiving keyboard would haunt me into the sunset of my life. As painful as it was, I could not stop reading.

Other categories of assessment included equity of resources, in which the state ranked 12th nationally, with a score of 83, and education spending, in which the state ranked 19th in the country.

The report also credited New Mexico for its new three-tiered licensure system, signed into law by Gov. Richardson in 2003. It noted that New Mexico is one of only three states to require that parents be notified in writing if their child is taught by a person who is not qualified to teach the grade or subject.

Well, that seemed to settle it. I was finished. I was confident that it would not be long before a rapid succession of posts in the blogosphere would extinguish what little dignity I had left. I pushed away from my computer a broken man.

Fourteen and a half minutes later the shock and remorse had passed, and I began to embark on my new life. A life without blogging. Yet, something from my past was gnawing at me... At first I couldn't figure out what it might be. I decided to do a little online research. You know, one last hurrah for old times sake.

First stop was the Education Week (registration) website. Yes, I had decided that to achieve closure I needed to come face to face with the study which was the cause of my untimely blogger demise. I clicked through to the New Mexico summary, and I saw that the NMBW staff had not erred. I was about to finish when something caught my eye. Could this be right? I downloaded the Excel worksheet and sorted the numbers. On fourth and eighth grade math scores New Mexico was 49 out of 50 states. On fourth and eighth grade reading scores New Mexico was 50 out of 50 states.

It was like a great weight had been lifted. Now I understood the confusion. The Governor, Education Week and the Pew Charitable Trusts consider education improvement to consist of:

• spending more money
• creating standards, assessments and accountabilities
• letting parents know that unqualified people are teaching their children
• devising a new three-tiered licensure system
  

On the other hand, every New Mexico parent and employer considers education improvement to occur when students perform better in school. I am a parent and a business owner, so it is not surprising that I was unfamiliar with the Governor's metric for measuring success.

Now I would be remiss if I did not point out that two of the state's failing grades were considered "statistically significant" improvements by the "Quality Counts" standards. This made me chuckle as I pictured my kids in eighth grade coming home to declare, "Hey Dad, I got another "F" on my math test, but Governor Richardson said you should be proud of my statistically significant improvement.

Looks like I'll live to blog another day.

Quest for Gubernatorial Resolutions

With the 2005 legislative session looming on the horizon, I was sitting here wondering what the Governor had declared as his New Year's resolutions. Of course, I did what I usually do when I have a burning desire to gain insight and knowledge. I Googled. To my dismay, the results of my query did little to quench my thirst for answers. The closest I came was an Albuquerque Tribune article from last year containing the following:

[Richardson] joked recently that someone suggested a New Year's resolution for him could be to slow down.

"That's one resolution I won't be keeping," Richardson said.

No, this just didn't do it for me (don't imagine it does much for the Greens either). So, I decided to press on with my quest.

I remembered Monahan recently breaking the news about Governor Richardson adding another member to his staff. (Sidenote: real breaking news will occur the day the Governor decides to stop adding to his ever-growing staff). This recollection did get me thinking that Richardson's crack team of taxpayer paid spin doctors might have posted the resolutions I was seeking somewhere on the New Mexico State website.

Unfortunately, no Gubernatorial New Year's resolutions were found. However, it was not long before I found myself reading the Governor's biography which included this statement:

Richardson made good on his campaign promises to improve education, cut taxes, build a high-wage economy, develop a statewide water plan and make New Mexico safer by getting tough on DWI, domestic violence and sex crimes. [Links added]

Wow. Now I understand why I can't find Governor Richardson's 2005 resolutions. With this kind of track record on past public promises, it's no wonder he is keeping them close to the vest.

Watch Out Nostradamus

The generosity of the American people is unparalleled. I made a prediction, and it is coming true. Shame on anyone not proud to travel as an American.

UPDATE: Michelle Malkin has some great excerpts from a column written by Toronto Sun columnist Peter Worthington.

When You're Right, You're Right

Back in November, Congresswoman Heather Wilson voted to reject a rule change in the House Republican Conference that was being proposed to protect Majority Leader Tom DeLay. Her reason was clearly stated in a press release:

"While I respect the concern that prosecutors could pursue politically motivated indictments, I disagreed with this rule change and voted no," Wilson said. "The measure eventually passed over substantial opposition."
"As a general matter, we should not craft the rules of the House because of individual situations," she said.

In these simple words, Representative Wilson demonstrated what it means to be a value-based political leader. She did not fold under pressure to demonstrate an "extreme act of loyalty," even though being steadfast in her beliefs can at times have serious political ramifications. Well, on the rules issue others have seen the wisdom of her stance, including Representative Tom DeLay. I am proud to have Heather Wilson represent me.

Taxing Courts

Let me see if I get this straight. The current tax situation in New Mexico is so poor that we rank pretty close to the bottom when it comes to the quality of our business climate. Now, let me try to imagine how that tax money might be spent with regard to public record maintenance....

A portion of the taxes pay for someone to input public record information. The current taxes also pay for the computer programs used to store that information. Another percentage of these collected taxes pays for the computer servers on which that information resides. Yet, more of the tax money is used to ensure state employees have internet access.

We know the internet makes it possible to access information in many cases at zero additional costs (e.g. you didn't need to pay to read this).

However, if businesses wants to electronically access the public information that their taxes paid for, the New Mexico Court of Appeals has decided, in their infinite wisdom, that they should pay a royalty.

Last time I checked royalties were paid on proprietary information, not information already paid for by the public. How many times does the same system intend to tax? As if our current system of pyramiding taxes isn't bad enough, now the courts want to add more to our already heavy burden.