New Mexico government corruption
From Sunshine Review
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New Mexico loses $27 million in Marc Correra deal
The State Investment Council (SIC) is writing off $27 million of a $55 million investment made in 2006 with a different firm, SIC spokesman Charles Wollman. Correra shared in $576,000 in fees paid out in the latest deal, with Northstar SIC Holding LLC.
“This is a $27 million write down,” Wollman said.
The SIC and the New Mexico Educational Retirement Board write off $90 million they had invested with Chicago-based Vanderbilt Financial Trust. A lawsuit Correra is involved in encompasses his shared $2 million in fees for helping to arrange that deal.[1]
In the latest deal, the SIC invested $55 million of a $90 million commitment in 2006 to Northstar SIC Holdings LLC. Northstar invested that money in two other projects, one a “high-risk, high-return” real estate development in Connecticut called Antares Investment Partners. This one later soured, Wollman explained.
A recent SIC report shows the market value of the agency’s SIC original $55 million investment is $12 million. Wollman said the SIC recovered $16 million of its original investment.
In order to get a greater return, the SIC invests money from the state’s four permanent funds. Leasing fees, taxes collected on the extraction of minerals in New Mexico and money from the national tobacco settlement, contribute to the permanent funds. The permanent funds are about 15 percent of the state’s annual budget and without them, each household in the state would pay an average of $800 more in taxes every year, according to the SIC’s website, the New Mexio Independent reported.[1]
Former New Mexico school district business manager accused of extortion
Borrego allegedly took the nearly $3.4 million from 10 district accounts between Jan. 8, 2002, and June 30, 2009. Now Borrego may face a long list of criminal charges.
The money she allegedly stole is equal to about $9,058.18 per student, based on the district’s 373 students enrolled last year.
“This is the largest case my office has ever seen in terms of a school embezzlement, and also in terms of how important this is to the community and to the state,” Balderas said.[1]
Because the school district is small, the impact is especially harmful. The district budgeted about $8 million for operations and instructors’ salaries for the fiscal year that ended June 30, 2008. It reported slightly more than $21 million in total assets, according to the district's independent audit they submitted to the state auditor March 23, 2009.[2]
Albuquerque newspaper sues agency over public records
"The Albuquerque Journal is suing the New Mexico Department of Transportation, alleging that the agency violated the state Inspection of Public Records Act by withholding documents sought as part of an investigation into the agency's practices and the use of public funds.
The newspaper's complaint, filed in state district court, names as defendants the agency, its custodian of records and a handful of employees who allegedly participated in the decision to withhold records that had been requested under the act."
N.M. governor signs bill to make government agencies recognize e-mail records requests
"Government agencies in New Mexico will have to accept electronic requests for public records after the governor signed a bill April 3 inspired by a state university's rejection of an e-mail request.
House Bill 598, sponsored by Rep. Joseph Cervantes, D-Las Cruces, states that communication by e-mail or fax qualifies as a "written" request required under state law."
E-mail OK in seeking public records under new law
"A new state law will require governmental institutions and agencies to accept e-mailed and faxed requests for public records.
Gov. Bill Richardson signed legislation Friday that makes clear that an e-mail or fax must be treated the same as written requests under the state Inspection of Public Records Act."
Sunland park city councilors press mayor on land deal
"Three Sunland Park city councilors have submitted a public records request to their own city government in an attempt to force the mayor to provide more information about a controversial land purchase for a new city hall.
City Councilors Elizabeth Martinez, Gabriela Buso and Yvette Cortez, a faction that often opposes Mayor Martin Resendiz, are seeking details about a $2.85 million land purchase for a new city hall that was approved by the council on Feb. 27, with the condition that an appraisal be conducted."
Records Act 'sabotage' a Roundhouse mystery
" Who tried to deep-six New Mexico's public records law?
It's a Roundhouse mystery with an intriguing cast, including a powerful veteran Democratic lawmaker, a freshman Republican and a behind-the-scenes state lawyer who isn't returning a reporter's calls.
While questions abound, this much is clear: A sweeping rewrite of the state Inspection of Public Records Act was quietly inserted earlier this week into a bill aimed at beefing up the statute."
Bill limits access to criminal records
"New Mexicans convicted of a wide variety of misdemeanors and felonies could eventually have their criminal records erased from the public eye under a bill introduced in the state House.
If approved and signed by the governor House Bill 866 would not wipe clean the slate of certain criminals. Instead the public wouldn’t have access to criminal records after a specific length of time."
Bills would make government more transparent
"The public would have better access to and could gain more understanding of the state government under several bills making progress this session.
Certain committees that are now closed would be open while government documents would become public sooner under the measures originating in the House.
The House Appropriations and Finance Committee today is expected to consider a measure that would open conference committees to the public. They are some of the last meetings legally closed to the public — and to lawmakers who are not members of the committees."
Governor Can't Keep His Hands out of Our Pockets
"Our governor is not going to be happy until he gets his hands all the way into our pockets, turns them inside out and shakes out every last penny, lint balls and all.
The New Mexico Press Association and the New Mexico Foundation for Open Government in 2003 fought a task force composed by the governor of various department heads and their select computer geeks. The task force by legislation was trying to create and implement an E-Portal that would be the answer to the governor’s revenue problems and force the public to pay for documents it already owns."
School Accountability Law Should Not Change
"We’re somewhat ambivalent to House Bill 237, sponsored by State Rep. Andrew Barreras, D-Valencia County. Barreras is taking advantage of a lean year to eliminate the demand by state law that public school districts publish their accountability reports in a newspaper of general circulation in their district.
Since all the school districts in Rio Arriba County, and Pojoaque school district too, have been routinely violating this law for the last decade, removing the requirement would just make them legal, at least in this regard.
This was a good law enacted in the early 1990s spurred by a demand for accountability in public schools because so many were slowly slipping off the end of the scale in test scores, violence and graduation rates. But which districts and by how much? Enter the accountability report."
Pay-to-play lawsuit: Plaintiff files complaint after records request denied
"The plaintiff in the alleged pay-to-play lawsuit involving the Educational Retirement Board and the State Investment Council has filed a complaint saying he was wrongfully denied records under the Inspection of Public Records Act.
The request by Frank Foy asked for "any and all records" related to board or advisory group meetings, Vanderbilt Capitol Advisors, Pioneer Investment Group, ERB chairman Bruce Malott, Meyners and Co., State Investment Officer Gary Bland and Foy, among other things.
The ERB denied the request, saying in part that it is overly broad. The complaint is against the ERB, Malott and Bland."
State agency won’t release GRIPgate records
"Though at least two other state agencies have publicly released similar documents, the New Mexico Finance Authority is refusing to hand over subpoenas it has been issued in the federal investigation into allegations of pay-to-play in the Richardson administration.
The finance authority also refuses to release the documents sought by such subpoenas.
NMI sought the records in two separate requests made under the state’s Inspection of Public Records Act. The first, a narrow request, sought only subpoenas that have been issued in the federal investigation. The second, broader request sought all subpoenas related to any federal investigation received by the finance authority, and all documents requested in those subpoenas."
City representative replaced on county corrections panel
"Mitch Buszek suspects he was removed from the Santa Fe County Corrections Advisory Committee without his knowledge because he was asking too many questions. County Manager Roman Abeyta said Buszek's term was up and he was not nominated for reappointment.
The committee was formed in 2001 amid allegations of civil-rights violations at the county jail by the U.S. Department of Justice. It is charged with inspecting the adult and juvenile jails twice per year and making recommendations to the County Commission on how to improve conditions."
Lawyer: Public records not public
"GALLUP — Tuesday night’s City Council meeting went into closed session immediately after it began to discuss “threatened” litigation against the city pursuant to the Open Meetings Act.
When asked who was threatening the city and for more information why the issue qualified for a closed meeting status, City Attorney Dave Pederson said, “I wrote the statute. Read it.”"
New Mexico Records on Governor Aides, JPMorgan Sought in Probe
"A federal grand jury investigating whether New Mexico Governor Bill Richardson’s administration steered bond advisory work to a campaign contributor subpoenaed correspondence from the governor’s top political advisers and a JPMorgan Chase & Co. banker.
The Sept. 22 subpoena, obtained from the governor’s office under the state’s open records law, shows the grand jury’s interest in the roles that former Richardson chief of staff David Contarino, political adviser Michael Stratton, and JPMorgan Chase & Co. banker Chris Romer may have played in the hiring of CDR Financial Products Inc. The probe’s existence was earlier reported by Bloomberg News."
Española School Board's Secret Agenda
"The Española School Board has claimed transparency will be the hallmark of its superintendent hiring process. So far, the Board has gone as far as skirting state open meetings and public records laws to keep the process under wraps.
The Board may have violated the state Open Meetings Act during a Nov. 1 closed-door meeting where it discussed the superintendent search process and other topics it is required to discuss publicly, according to an agenda of the meeting viewed by the SUN.
An agenda of the meeting distributed to the public stated the Board would meet in closed session to evaluate Superintendent David Cockerham and discuss a land transaction. Once behind closed doors, the Board followed a separate, different agenda listing six separate items, which had been kept from the public until Tuesday."
Open records case: State racks up hefty attorney fees
"The state Taxation and Revenue Department spent at least $31,000 on outside attorneys for a public-records lawsuit against it, and thousands more on in-house attorneys.
The state last month announced it was settling the lawsuit filed by Albuquerque private investigator Eric Griego, who claimed the state was illegally withholding documents he uses in his business."
Public-records lawsuit settled
"The state Department of Taxation and Revenue has settled a two-year-old public-records case and agreed to pay $117,500 to a private investigator who sued the department for access to the records.
A lawyer for the New Mexico Foundation for Open Government said the settlement amount was the largest ever made in such a case."
Judge rules in Sandia landfill public records case
"A state district judge has ruled that a report concerning groundwater monitoring at Sandia National Laboratories' mixed waste landfill is public record.
The state Environment Department had sued Albuquerque-based advocacy group Citizen Action last fall to keep the report secret. The department cited executive privilege in preventing the disclosure of the 2006 report by TechLaw, a consulting company."
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