Laura Gutierrez has been trying to get public records from Albuquerque Public Schools for more than a year. In 2014 a school law enforcement officer allegedly used force against her autistic son. APS opened an investigation and soon cleared the officer of any wrongdoing. Gutierrez wants to see all the documents from this investigation. In the fall and winter of 2015, Gutierrez filed four public records requests with APS for the district’s internal investigation of the officer, an employee of the school district.
Attorneys for the states of New Mexico and Texas learned yesterday that a lawsuit over the waters of the Rio Grande will head to the U.S. Supreme Court. For New Mexico, a lot is at stake. Though Texas also named Colorado in the suit, its real target is New Mexico. Texas alleges that by allowing farmers in southern New Mexico to pump groundwater connected to the river, the state is unfairly taking water from the Rio Grande that, under the 1938 Rio Grande Compact, should be flowing to Texas. When Texas filed a similar suit against New Mexico about the Pecos River, the case dragged on for almost two decades, and cost both states millions of dollars.
A state House of Representatives panel approved a bill to bar local law enforcement agencies in New Mexico from enforcing federal immigration laws. The bill, which according to a fiscal analysis would prohibit state resources from being used against anyone “whose only violation is being in the United States illegally,” passed on a party line 3-2 vote in the House Consumer and Public Affairs Committee. The two “no” votes came from state Reps. Monica Youngblood of Albuquerque and Bob Wooley of Roswell. Both are Republicans.
New Mexico Attorney General Hector Balderas joined attorneys general from 13 other states and the District of Columbia to file a brief arguing against a ban on travel from seven Muslim-majority countries. This amicus brief is in support of the lawsuit filed by Washington Attorney General Bob Refguson. Because of the Washington lawsuit, a federal judge issued a stay on the executive order signed by President Donald Trump. That means the travel ban is not currently in place. “New Mexico has welcomed hundreds of students, scholars, doctors, and other lawful visa-holders from countries affected by this unlawful order,” Balderas said.
State Sen. Michael Padilla, an Albuquerque Democrat who was raised in foster care and has largely focused his legislative efforts on reforming New Mexico’s child welfare system, has introduced a measure to create a task force on child homicides. The proposal also would give the state attorney general authority to order an independent investigation into a child abuse death. The team would include medical experts, law enforcement officers, prosecutors, child welfare workers, tribal members and others. It would be tasked with evaluating investigations of a child’s death, as well as examining how agencies and individuals responded to concerns about the child before the slaying. The task force also would make recommendations to the Legislature on needed reforms.
Senate Bill 294 comes as New Mexico experiences a steep rise in child abuse cases.
New Mexico Attorney General Hector Balderas joined 15 other attorneys general from around the country to condemn the executive order by President Donald Trump banning travel from certain Muslim-majority countries that caused confusion and outrage this weekend. Balderas was part of the joint statement, which included the top legal officers in New York, California, Pennsylvania and more. Other elected officials condemned the executive order. U.S. Sen. Tom Udall called the order “un-American” in a Facebook post Saturday. “Turning our backs on desperate refugees and essentially imposing a ban on Muslim immigration projects weakness, not strength,” Udall said in a statement Sunday.
A one-sentence provision in state law is emboldening at least one agency to keep public information from seeing the light of day. All officials have to do is accuse someone of having a political agenda. For more than a year, retired Interstate Stream Commission director Norman Gaume has wanted to know how much water farmers and others currently draw from the Gila River. That’s where the state plans to build a controversial new project that would divert more water from the river. Specifically, he wondered if water users are using the maximum amount of water they’re already allotted from the river.
Years after the state cut off Medicaid funding to 15 behavioral health providers, citing “credible allegations of fraud,” the Attorney General cleared all providers of the alleged fraud. AG Hector Balderas made finishing the investigation into the providers a key goal when he entered office in 2015. Previously: Top ten stories of 2016: 10-6; #5: NM Dems buck national trend, retake House; #4: Demesia Padilla resigns
In April, Balderas announced the investigation was complete, with no evidence of fraud in the final two companies. Balderas previously cleared ten providers in February, and had already cleared two others in 2015. The allegations of fraud came from a 2013 audit for the state Human Services Department by Boston-based Public Consulting Group.
The highest-ranking official at the state Taxation and Revenue Department became somewhat reflective Tuesday over last week’s sudden resignation of his former boss, Demesia Padilla. At an annual state legislative conference hosted by the New Mexico Tax Research Institute, the department’s Deputy Secretary John Monforte said he’s known Padilla for 10 years and came to the department when she was appointed by Gov. Susana Martinez. Padilla resigned as secretary last week after an agent for Attorney General Hector Balderas filed a search warrant affidavit on her home. Monforte is now heading the department. The affidavit described an ongoing investigation that points to possible tax evasion and alleged embezzlement of money from a business she once did accounting work for, including while she was TRD secretary.
New Mexico has joined the fight over the federal government’s regulation of methane releases from oil and gas operations. This week, New Mexico Attorney General Hector Balderas and California Attorney General Kamala Harris filed a motion to intervene in the case the industry filed against the federal government. The Western Energy Alliance and Independent Petroleum Association of America want to overturn the U.S. Bureau of Land Management’s rule that regulates the release of methane, or natural gas, from oil and gas operations on federal and tribal lands. New Mexico and California support the rule. According to court documents the BLM’s rules will benefit the two states in three ways: generating more annual revenue by cutting natural gas waste, protecting public health from harmful air pollution and reducing the impacts of climate change.