Outrageous Gas Prices

A couple of weeks ago misguided politicians at all levels of government wanted to pass anti-free market laws to stop rising gas prices. Now, shouldn't the same politicians demand that gas stations stop the current epidemic of rampant price cutting plaguing the nation? Obviously, the oil companies are duping the American public into believing that lower demand and higher production are sufficient excuses to lower prices.

Where is the OUTRAGE?

How can we all just stand idly by as prices continue to drop week after week at the pump? Maybe we should organize a reverse boycott. Yes, that's what we should do. Next Thursday, everyone should take all of their cars, trucks, suvs, motorcycles, atvs lawnmowers, leaf blowers, chainsaws and snow blowers to a local gas station and fill up the tank. For good measure bring along an extra gas tank or two - you can buy them inexpensively at Walmart.

Tell your friends and neighbors, next Thursday is Gas Up Day. We'll teach those big oil companies. Americans will not stand idly by and allow companies to willy-nilly cut prices.

Makes Perfect Sense

Let's see, hundreds upon hundreds of millions of additional dollars invested in education over the last few years, and the result is subpar student performance and in some cases an actual decline. So, what do the union polls tell us to do with the estimated billion dollar surplus that is about to be announced? They want to dump more money into a failing system.

Isn't it about time to seriously consider an exit strategy?

Why do They Wait?

Vigil's resigned. It took him long enough, but he finally resigned. I don't understand why politicians delay the inevitable. Then again, maybe he and his attorney took solace in how everything turned out for another recently indicted elected official (subscription). They seem to be pulling from the same playbook (subscription):

Nelson wore a wire during conversations with Vigil that prosecutors say show Vigil soliciting and taking kickbacks in exchange for Nelson getting government business.

Bregman is relying on a 1991 U.S. Supreme Court case - McCormick vs. U.S. - which found that a violation of the Hobbs Act occurs "only if the payments are made in return for an explicit promise or undertaking by the office to perform or not to perform an official act."

Bregman says in the motion that this means the government must show there was a "quid pro quo." He argues that the evidence does not support the charges that Vigil received money because of direct promises of some future business.

Bregman has said in previous interviews that the money Vigil did receive was campaign contributions and that in 19 of the 21 counts charged, Vigil received no money.

So, according to his attorney Vigil was only an out and out criminal ten percent of the time. Well then, someone owes this man an apology. Make sure to check out the video of Vigil's dealings. [Hat tip: Steve Terrell].

Another Campaign Promise Failure

According to various websites our esteemed Governor has gotten tough on domestic violence. However, after reading an article like this, I've got to wonder if the victims would agree. I guess the Richardson administration's progress in the fight against domestic violence is right up there with their success in improving education and cracking down on DWI's (subscription):

Despite having a blood alcohol content of more than twice the legal limit when he was arrested for DWI on July 30, Angel Fire Village Councilor Charles "Chuck" Hasford avoided spending any time behind bars, recently released court documents show.

The Journal was able to inspect documents contained in the court file Monday, four days after being denied immediate access to the file by municipal Judge Richard Hill and the village clerk.

Hasford - who was arrested after wrecking his silver convertible near the intersection of Country Club Drive and N.M. 434 - entered a guilty plea in August to charges of driving while intoxicated, careless driving and having an open container in his vehicle. In exchange for the plea, authorities agreed to drop the aggravated enhancement on the driving while intoxicated charge, which carries mandatory jail time upon conviction.

I think I missed the outrage coming out of the Governor's office. Then again, the welfare of New Mexicans isn't really the most pressing concern for this Governor.

Freelancing at Its Worst

It is rare, but I actually agree with the Governor - sort of:

Richardson on Monday reiterated his call for Vigil to resign. "And if that doesn't work, a rapid impeachment," he said. The governor said he is concerned that the longer Vigil stays in office, the more likely it will hurt the state's credit and bond ratings.

I agree it would be in the best interests of the state and Vigil's constituents if he were to choose to resign. I agree that if he does not, impeachment proceedings should begin as scheduled on Friday. However, I take issue with the governor's call for a "rapid impeachment." It is surprising that a career politician such as Governor Richardson does not fully grasp the gravity of impeachment proceedings.

His call for a "rapid impeachment" makes a mockery of the process. Someone on Governor Richardson's forever burgeoning staff (subscription) needs to advise him that this is a legislative process, and will operate independent of his need for speed.

Which brings us to another important point...

Richardson told reporters that Carraro's proposal is "counterproductive" and "freelancing at its worst."

"I think it's very unwise, and the timing couldn't have been worse," he said. "It lets (Vigil) off the hook."

The governor also said he believes Vigil was thinking of resigning over the weekend and that Carraro might have prolonged the situation. "I think he was very close (to resigning)," Richardson said.

Again, I am inclined to agree with Governor Richardson that Senator Carraro's proposal is misguided. However, it is not "freelancing at its worst." No, that designation would have to apply to this proposal:

Governor Bill Richardson, Attorney General Patricia Madrid, and State Treasurer Robert Vigil today announced they have reached an agreement and will file that agreement with the New Mexico Supreme Court. The joint petition requests the Court to allow Mr. Vigil to be recused temporarily from his duties as Treasurer and continue to receive his salary while pending federal charges against him remain unresolved. The petition also asks the Court to allow Governor Richardson to appoint an Acting Treasurer to serve during that period.

This blatant attempt by the Governor and Attorney General to usurp the constitutional authority of the legislature while seizing headlines was far more destructive, costly and time consuming then the letter presented by Senator Carraro.

Senator Carraro's letter gave pause to the proceedings for no more than 24 hours (subscription); however, the circus initiated by Governor Richardson and Attorney General Madrid sidetracked the whole process for at least seven days.

City Hall Emulates The Sopranos

Retired Judge Jack Love raises some very interesting questions and comparisons.

Back to Basics

One of my more "progressive" readers recently took me to task (twice) for never criticizing federal spending levels. Well, allow me to applaud the actions of freshman Senator Tom Coburn of Oklahoma (R):

Mr. Coburn yesterday took to the floor not once, but twice, to force his colleagues to defend some of their more egregious "earmarks," or pork projects they plan to funnel to home states. The Republican dared to use the "p" word ("priorities") and suggested that taxpayers might be better served if hurricane relief was offset by deleting earmarks for a sculpture garden in Washington state, an art museum in Nebraska, and a Rhode Island animal shelter, among other national necessities.

Washington Democrat Patty Murray escalated immediately to Defcon 1, vowing that if her colleagues so much as blinked at her sculptures she'd personally see to the untimely demise of their own projects. Mr. Coburn lost 86-13. The miracle is he got 13.

Senator Non Grata returned to the floor later in the day, this time to suggest shifting $223 million from the infamous "bridge to nowhere" in Alaska to a bridge over Lake Pontchartrain that was damaged by Hurricane Katrina. Alaska's alleged Republican Lisa Murkowski responded that the very idea of refusing to spend $4.5 million per each of the 50 residents on Alaska's Gravina Island -- so that they would no longer have to take a seven-minute ferry -- was, well, "offensive."

You see, like all parents know, it is more productive reinforce the desired behavior than punish the deviant behavior. Way to Senator Coburn!

If Only Saying IT Made IT So

Wertheim issues a release singing the Governor's praises. Unfortunately, the claims only provide half a story. Take a look at the other side of the facts:

CLAIM #1
income taxes and capital gains taxes were cut
FACT #1
"To free up revenue to pay for the new tax cuts and business incentives, the [Governor's] measure slows down the phase-in of personal income tax rate reductions enacted in 2003."

CLAIM#2
strong economy and consistent job growth
FACT #2
"New Mexico's unemployment rate was 6 percent in May, unchanged from April's rate, but three-tenths-of-a-percent higher than in May 2004, the New Mexico Department of Labor reported."

CLAIM #3
balanced budget and record surplus
FACT #3
"Passed: Nearly $4.7 billion budget providing more than 6 percent spending increase on public education and general government. More than $30 million for initiatives of legislators and governor. Financing for about $470 million in capital improvements statewide. Allow state permanent fund investments in fine art and musical instruments.

Failed: Constitutional amendment to impose limits on state government spending increases."

CLAIM #4
eliminating the tax on food
FACT #4
"So while New Mexico is giving up gross receipts taxes on these qualifying medical and food receipts, it is going to be taking more from all other taxable receipts. According to Fred Winter, local CPA, "This means that the overall gross receipts tax rate will increase from 7.00% to 7.50% for the Town of Taos."

CLAIM#5
provide [energy] rebates
FACT#5
An angry Governor Richardson is blasting the state Senate for the energy tax relief package it approved. He calls it reckless and says he will veto it if it reaches his desk.

Good thing the Governor can hide out in places like North Korea. He must feel really comfortable in a society where the government manufactures "facts" to suit their best interest.

"Why Not New Mexico?"

Governor Richardson's interview with KOAT about his North Korea visit ends with the following paragraph:

"My hope is that when there's a normalization of relations with North Korea that New Mexico will play a role," Richardson said. "They asked for these experts in heart disease and heart bypass, that's Dr. Ramo. In energy and transmission, and that's Jeff Sterba, the head of PNM, and then agriculture, and that's New Mexico State and there's no one better in agriculture than the head of New Mexico State. So, these are areas of cooperation where the United States, if North Korea dismantles its nuclear weapons, is prepared to help North Korea. And my view is, 'Why not New Mexico?' So, we could be at the start of something important long-range not just for national security but for our state."

Well, let's see if we can help the Governor answer that very important question, "Why not New Mexico?"

Why shouldn't New Mexico be an advisor to the North Koreans regarding healthcare? Hmm, don't you think the Governor should get the healthcare situation in our own state in order before he goes out and gives advice to others. Last I checked, we were still ranked 49th out of 50 states when it came to the health of the Governor's constituents.

How about that energy question? Maybe Governor Richardson is going to tell the North Koreans all about those great energy rebates he just saw passed during the special session. Yes, the Governor took the lead in limiting the energy rebates to New Mexicans to $50 -$200. This package has a value of $75 million despite the projected $800 million surplus the administration could return to the taxpayers. You've got to wonder why the Governor did not choose to follow the Alaskan model [hat tip to a Las Cruces reader]. Then again, Richardson's propensity for enriching government might be precisely the character trait that the North Koreans find so endearing.

Gee, my only surprise is that Governor Richardson in his capacity of unofficial envoy did not put education on his list of topics to discuss. That would have rounded out a perfect hat trick of policy failures under this administration to answer the question, "Why not New Mexico?"

Withdrawal from Iraq Debate

A couple of weeks ago, I received an invitation from a teacher at Jefferson Middle School to come to his classroom to debate against the following resolution: "The United States should immediately withdraw its troops from Iraq."

Of course, I accepted.

This morning I'll be debating Bob Anderson currently of Stop the War Machine. It should be an interesting morning, and I'll try and post about it late tonight or sometime tomorrow morning. Following the three debates between Bob and myself will be two more involving the same issue with the pro side taken by State Senator Cisco McSorley and the con side taken by candidate for US Senate and current Santa Fe City Councilor, David Pfeffer.

Despite his politics, my hat is off to teacher Scot Key for reaching out to the community to bring a first class experience to his students.

What's Wrong With This Picture?

This [subscription] in the Albuquerque Journal:

Indicted state Treasurer Robert Vigil is making decisions on investment of taxpayer money from his home, directing the purchase of $365 million in bonds and other investments in a span of eight days, his deputy said Wednesday.

Vigil, who faces possible impeachment proceedings, said last week his investment officer was on leave but that his office had resumed making investment purchases.

Compared to this [subscription] from the Albuquerque Journal:

State legislators approved a $216 million rebate and income tax reduction plan Wednesday before adjourning a special session called to give New Mexicans relief from soaring energy prices.

The complete package of relief measures sent to Gov. Bill Richardson, including home-heating assistance and weatherization help for low-income families, totaled $254 million.

Nothing like tackling mole hills when there are mountain to be moved.

Gov Says: Raising it a Quarter is Gouging

This is just too ridiculous:

As for the anti-price-gouging legislation proposed by Governor Bill Richardson, it is in its 10th version. The current version considers gas prices of 10 percent to 15 percent over average area prices as being the level at illegal gouging would occur.

What is Governor Richardson thinking? If gas prices are $2.50 and they are raised a quarter to $2.75, then a business owner would be criminally liable? This is insane. What if it is an independent, locally owned gas station that is struggling to compete and raises it's prices to keep from going out of business. Does the owner now face legal proceedings on top of their business troubles.

Imagine this application to other businesses. Giants like Costco and Walmart continue their expansion in the New Mexico market, and their volume brings down the average area prices. Does a local competitor that decides to compete by improving service and slightly increasing prices, let's say by 10%, qualify as a "price gouger"?

This is a turkey of a law, and the fact that it's in its 10 revision should be a clue that it should just be left to die.

Attorney General Madrid Still Shirking Duty

I'm not an attorney, but the New Mexico statutes I cited yesterday make it pretty clear what the Attorney General's role is supposed to be when it comes to impeachment. Yet, today's front page Journal article (subscription) ends with the following paragraph:

While Attorney General Patricia Madrid has said her office is exploring other options for removing Vigil, Sam Thompson, Madrid's spokeswoman, said Friday that "we've been waiting to see what the Legislature will do."

Someone please send Sam Thompson a link to my Friday post, so that he doesn't continue to embarrass Attorney General Patricia Madrid in the press. Then again, maybe she is worried that some mainstream reporter is going to uncover the fact that the Legislature appropriated funds for an investigation of the Treasurer's Office three times in the last six years with, apparently, no results, no report and no action.

Dear Republican State Legislators:

I'm writing to you in the hopes that you'll do the right thing and come together in a bi-partisan caucus with some of your Democratic colleagues to impeach State Treasurer Robert Vigil. Now, I'm addressing this to you because I'm not sure all of your Democratic colleagues are going to uphold their end of the bargain.

This is not just a partisan assumption on my part. Instead, it is an observation of the lack of action taken by certain Democratic officials to date. You see, there is something called the "Governmental Conduct Act," 10-16-1, et seq., which sets minimum standards of conduct - even for elected officials. It is pretty clear that any violation of the code of conduct is grounds for dismissal. In the case of the State Treasurer, the prescribed action, described in 10-16-11C, is impeachment. The Attorney General Madrid, and to a lesser extent Secretary of State Rebecca Vigil-Giron, are supposed to enforce this or at least monitor compliance. Unfortunately, neither is doing anything.

So, for those of you who are not really well versed in this whole impeachment thing, let me sum it up for you... This is not a discretionary situation. The 10-16-14C affirmatively requires ("shall") the Attorney General to refer matters to the house of representatives "if [she] determines that there is sufficient cause to file a complaint against a public officer removable only by impeachment."

I can't imagine why Patricia Madrid continues to neglect her duty to the citizens of New Mexico despite the the affidavits we are all able to read. There is a reason we have three branches of government, and when one or two continually fail to look after the interests of the public, the third is supposed to take action.

Now here are the constitutional cliff notes for those of you who find the "i" word intimidating:

Article IV, Section 35 - the house of representatives is charged with impeachment, and the senate takes on the role of judge and jury. In other words, impeachment is just a declaration that there needs to be a trial. Any member of the House who doesn't vote for impeachment is being derelict in fulfilling commitment to represent their constituents.

Article IV, Section 36 - the bottomline here is that a determination needs to be made whether or not they should be removed from office. This is not a question of criminality. That will be addressed in the judicial realm. Mr. Vigil has forced your hand, by continuing to show up for work.

So, how about it legislators, can we count on you? Readers, please put your two cents in the comment sections. Consider it your own P.S. to this open letter.

Sincerely,

Mario Burgos
A Concerned Constituent

A Need to Recuse

A couple of days ago, Joe Monahan blogged an interesting point by State Representative Joseph Cervantes (D) of Las Cruces regarding bias in the potential impeachment proceedings of State Treasurer, Robert Vigil:

I consider calls and letters to legislators inappropriate ex parte communications with those potentially serving in a quasi-judicial constitutional role. Ex parte contacts represent an extraordinary breach of procedure and process. Most of my colleagues are not attorneys, however, and may not understand the implications of taking your calls or receiving your letters. Non-lawyers may not understand that pre-judgment or bias may disqualify them from voting on any impeachment issue.

I think Rep. Cervantes has a good point. Along the same lines, it would seem that anyone who has received campaign funds from Mr. Vigil would also have to recuse themselves, right? I would imagine that since the Speaker of the House's son was a Deputy State Treasurer during the time of the alleged corruption, Representative Lujan should also remove himself from the process, right?

Well, I guess we'll see how many elected officials are willing to act ethically.

Flawed Price Gouging Proposal

First, my response to the results of yesterday's city election... I'm glad I live in the county.

Ok, now onto the ill-conceived price gouging legislation proposed by Governor Richardson and Attorney General Madrid:

"I was shocked to learn that New Mexico does not have a law protecting consumers from price gouging," Governor Bill Richardson. "The Attorney General and I will work with legislative leaders and reach out to consumer advocates and business leaders to create the toughest possible law for New Mexicans."

"I stand ready to prosecute anyone who would take unfair advantage of consumers because of a national emergency or natural disaster, but the legislature must provide me the tools to do it," said Attorney General Patricia Madrid.

Governor Richardson and Attorney General Madrid will meet next week with key legislative leaders to discuss the scope of the legislation, which would apply to all commodities, such as gasoline, natural gas and electricity.

So, who will be the likely first victims should these two succeed in pushing this ridiculous proposal into law? Well, you need to look no further than New Mexico's small businesses:

Dennis Romero, owner of A-1 Firewood Inc., 3134 Bridge Blvd. S.W., said he has seen business go up by about 25 percent from this time last year.

While business is up, Romero said, so is the price of firewood.

The most popular pick - a cord of cedar/pinon mix - sells for $195 delivered, up about 30 percent from last year, he said.

Romero said increased gas prices have forced him to raise the price of wood.

Yup, these scoundrels are raising prices to take advantage of a natural disaster, or at least that is what Richardson and Madrid would have you believe. The truth is a lot less devious. The problem with "price gouging" in a capitalist system is, as I've stated before, if the price gets too high, people will seek other options:

Mark Chavez, a spokesman for Cibola National Forest, said people can buy firewood permits for $20 and can get up to four cords of wood.

Please let Governor Richardson and Attorney General Madrid know that we would rather them focus on solving real issues instead of creating laws to address problems that don't exist.

Governor Should Clean His Cabinets First

By all reports, Governor Richardson is bent on making the State Treasurer's office an appointed instead of an elected position. However, all one has to do is check the State Auditor's reports, to realize that Richardson appointees don't exactly have the best track record when it comes to sound fiscal management.

The Taxation and Revenue Department has a long list of problems. The Investment Council is compensating absences. The Department of Finance has errors in posting cash disbursements to the general ledger. The General Services Department has missing property. Even the Governor's office is producing contradictory books... and this is just a partial list of the problems plaguing state government under the control of Governor Bill Richardson.

Don't you think it would be a good idea to straighten out this mess before considering adding another department to the Governor's failing oversight? It is also important to remember that Governor Richardson does not exactly have a stellar track record when it comes to appointing "trustworthy" people.

There was that guy with the felony criminal record who was appointed to head the Adult Parole Board. Oh yeah, and that fellow appointed to the the Gaming Control Board with the ties to gambling machine suppliers. And who can forget the appointed State Transportation Deputy Secretary (subscription) with the DWI.

I'm thinking we really don't need this Governor appointing anyone else.

Interlock Law Enforcement Solutions

In today's Albuquerque Journal (subscription), Metro Court officials complain of the lack of funding to enforce the interlock law for DWI offenders.

Court officials say it's a good law but difficult to enforce.

"It takes money, and it takes bodies to enforce any mandate of the executive branch," Nakamura said.

Officials say compliance officers are needed to ensure offenders get the device installed and to respond if there's a violation. Otherwise, "it's the honor system," Nakamura said.

What is wrong with these people? In the two minutes it took me to read the article, I can think of several solutions, and none of them require additional funding:

1. Partner with MADD and the DWI Resource Center to secure volunteers to verify compliance.
   
   
2. Partner with local high schools to require seniors to do a service learning project centered on compliance verification. It has the added benefit of being a potential deterrent.
   
   
3. Sentence every DWI offender to 20 hours of community service at an interlock verification facility.
   

See, no additional funding required. In fact, we could probably save the taxpayers the $175,000 that is already being spent.