The latest New Mexico revenue projections appear to be convincing economists and state officials there is enough money to finance state government through June without resorting to government furloughs. “Based on the projections we see, yes, I think there are adequate funds,” Deputy state Treasurer Sam Collins told NM Political Report. New Mexico State University economics professor Jim Peach recently gave the Santa Fe New Mexican a similar answer. But Gov. Susana Martinez, who has been threatening furloughs for a month, had a different take. Martinez spokesman Michael Lonergan warned that the state still may not have enough cash on hand to avoid furloughs and is calling on the state Legislature to fix this in a special session.
The New Mexico Legislature filed a lawsuit against Gov. Susana Martinez Friday morning. The suit accuses Martinez of violating the state constitution when she vetoed the entirety of the budgets for the state Legislature and all higher education in New Mexico. Filed by the Legislative Council’s lawyer Tom Hnasko, the lawsuit calls the line-item veto of legislative funding an “attempt to eviscerate the ability of the other branch [of government] to perform its essential functions.”
In his filing, Hnsako asks the court to invalidate Martinez’s line-item vetoes of both the Legislature and higher education. “They’re suing the Governor because they want to raise taxes, and she’s the only one standing in their way,” Martinez spokesman Michael Lonergan said in a statement. “It’s disappointing because it shows a refusal to compromise as this is nothing but an attempt to bully her by short-circuiting the legislative process before a special session.
Gov. Susana Martinez’s veto of the entire higher education budget is getting national attention. First, the Washington Post covered the veto earlier this week. Now, the Chronicle of Higher Education weighed in with a story. Martinez has said the veto was necessary to balance the budget, even as she says the budget—including higher education funding—will be addressed in an upcoming special session. The Washington Post analysis said the veto meant “nothing good” for students, adding the impasse could lead to “significant tuition increases at public universities.”
The newspaper cited a study by the Center on Budget and Policy Priorities that found, when adjusted for inflation, higher education funding in New Mexico dropped by 32.2 percent since the Great Recession, the third-largest such drop in the nation.
The New Mexico Legislative Council voted to sue Gov. Susana Martinez over some of her controversial budget vetoes and is planning for an extremely rare extraordinary session. “Following the legal briefing given by attorneys to the Legislature, the Legislative Council has made the decision to officially begin the legal process necessary to ensure the state constitution is upheld,” Senate President Pro Tem Mary Kay Papen said in a statement. “As legislators we take our oath to support the constitution and the laws of the state seriously. A strong system of checks and balances is crucial to the success of our democracy.”
It’s unclear how individual members voted. Democrats hold a 9-7 advantage on the panel, which is made up of members of both chambers.
Gov. Susana Martinez’s recently announced changes to the state’s teacher evaluation system came from discussions between a panel of New Mexico educators and state Public Education Department officials. This is according to Chris Eide, the national director of state policy, advocacy and partnerships with Teach Plus. The Boston-based nonprofit, which focuses on teacher-driven education reform, launched an initiative in New Mexico last year to look at teacher evaluations and teacher preparation. Over the weekend, Martinez accepted two recommendations from the New Mexico Teach Plus task force. One allows teachers to use up to six absences without affecting the attendance portion of their state teacher evaluations.
Judges may have to decide whether five bills that Gov. Susana Martinez vetoed during the last week will actually become law. Democratic lawmakers say the Republican governor did not properly veto the legislation, which includes a bill to allow research on industrial hemp in New Mexico, and they maintain the measures will become law after all. On Friday, the deputy to Democratic Secretary of State Maggie Toulouse Oliver, said her office would not add the bills to the law books unless instructed by a court. “Whether the governor met her constitutional obligation by vetoing these five bills in the manner in which she did is a question that should be answered by our court system,” Deputy Secretary of State John Blair said in an email. “This office will swiftly chapter these bills if and when we receive guidance from the New Mexico courts to do so,” he added, referring to the secretary of state’s role of assigning code numbers to new laws.
The state Senate’s extraordinary effort to override a veto by Gov. Susana Martinez has landed with a thud in the House of Representatives. Two days after senators voted overwhelmingly to save a bill that would have allowed teachers to use more sick days without being penalized in their performance evaluation, no one has stepped forward in the House to call for a similar override vote. Note: This piece has been updated throughout. Majority Democrats are looking to Republicans who co-sponsored the bill to push for the override in the House. Related: Senate votes to override Martinez veto on teacher absences bill
A two-thirds majority of both the Senate and House is needed to override a veto.
A Republican legislator on Friday began his attempt to override Gov. Susana Martinez’s veto of a bill that would enable teachers to use more sick days without being penalized in their performance evaluation. Sen. Craig Brandt, R-Rio Rancho, moved to have the vetoed bill returned to the Senate so he could seek an override early next week. Martinez is also a Republican, but Brandt said he would continue pursuing the override unless they can reach a compromise in which teachers are not penalized. He said he had initiated conversations with Martinez’s Public Education Department in hopes of starting such a discussion. Related: Martinez vetoes bill on use of sick leave impacting teachers’ evaluations
“I don’t take any joy in overriding a veto,” Brandt said.
A bill that would allow teachers to take up to 10 days of sick leave without it hurting their performance evaluations is headed to the desk of Gov. Susana Martinez for her consideration. The state Senate on Monday unanimously approved House Bill 241, which is subtitled “Teachers are human, too.” It amends the School Personnel Act so that using up to 10 days of personal leave or sick days in a school year would not negatively affect teachers’ performance reviews. “Teachers will do a better job teaching and will not get the students sick if they are healthy when they are in the classroom,” said Sen. Craig Brandt, R-Rio Rancho, one of the bill’s sponsors. “We should not punish them for doing their job.”
Setting up a constitutional showdown with the Legislature, Gov. Susana Martinez has withdrawn most of her appointees awaiting confirmation in the state Senate but will keep the officials in their posts across New Mexico government. Aides to the governor accused lawmakers on Wednesday of moving too slowly in confirming her nominations, leaving more than 70 unconfirmed as the session enters its final weeks. But some senators suggested Martinez was attempting an end run around the confirmation process that would undercut the Legislature’s role as a check on the executive branch of government. “The governor cannot circumvent the Senate’s authority,” Senate President Pro Tempore Mary Kay Papen told the chamber Wednesday afternoon after a clerk read aloud a letter from Martinez announcing the move. The unusual maneuver has turned a typically mundane administrative process into an unlikely flash point between the governor and Democratic legislators as debate over bigger issues, such as the budget and taxes, come to a head.