Randi McGinn Guest Column: “Why Give Up Successful Law Firm To Run For Congress?”; COMMENTARY: McGinn’s Years Advocating Democratic Core Values Needed In Congress

On December 18, 2020, President Joe Biden announced the appointment of Congresswoman Debra Haaland as United State Secretary of Interior and her appointment must be confirmed by the U.S. Senate. It is speculated that Haaland will be confirmed in late March by the Senate at which time she will resign her congressional seat.

The timing of Haaland’s resignation from congress will have a major impact on when a special election is held to replace her. Under New Mexico law, a special election must be held between 77 to 91 days after the seat is vacated. There will be no primary elections. Instead, New Mexico’s 3 recognized political parties central committees (Democrat, Republican and Libertarian Party) will meet and nominate their candidates at least 56 days before the special election.

In the Democratic Party, only members of the State Central Committee residing in Congressional District 1 will vote to fill the vacancy. There are about 170 members from the Albuquerque district on the Democrat Central Committee. Currently, there are 15 candidates running to replace Debera Haaland. A listing of those candidates can be found at this blog article entitled “The Race To Replace Debra Haaland In 1st Congressional District; 15 Announced Candidates Identified”:

https://www.petedinelli.com/2021/02/05/the-race-to-replace-debra-haaland-in-1st-congressional-district-14-announced-candidates-identified/

Randi McGinn is the one candidate running for congress that sticks out above all the other candidates because of her success over many years in the private practice of law and her success in advocacy on issues facing the congressional district and Democratic core values she has fought for for decades.

AN INTRODUCTION OF RANDI MC GINN

I have known attorney Randi McGinn since 1984. Our paths have crossed at various times over the past 37 years. We both practiced law as Assistant District Attorneys in the Bernalillo County District Attorney’s Office working for then Bernalillo County District Attorney Steve Schiff who later went on to be elected to Congress himself and served CD 1 for a number of years. We both were assigned to the Violent Crime Division handling the prosecutions of homicides, rape , armed robbers, and aggravated assaults and even child abuse cases. Those were the years when young attorneys would go to work for the District Attorney’s office for two major reason: the courtroom trial experience and a dedication to public service.

Randi McGinn excelled as a trial attorney handling some of the most difficult and high-profile cases at the time. She was fearless in her advocacy for victims and making sure justice was served. When McGinn left the District Attorney’s office, she started her own law firm. Over the years, she has become one of the most highly respected and successful trial attorneys in the state of New Mexico, all the while advocating for Democratic core values and being involved community issues and organizations. She knows the issues that face Congressional District 1.

At the request of this blogger, Randi McGinn submitted the following column as to why she is running for congress.

RANDI MCGINN GUEST COLUMN

“Why give up the successful law firm you’ve built and the people you love working with to run for Congress?

For me, like many others in our community, the last 4 years of chaos and the dismantling of government have been a clarion call to public service. Not only have we witnessed an attack on our democracy and Capitol, but an attack on our very humanity.

The American values I believed in vanished as racism and misogyny reared their ugly heads, resulting in:

–the government ripping children out of the arms of their parents on only one of our borders and banning people from Muslim countries
–women who dared speak truth to power being publicly degraded by a president
–citizens being snatched off the street for having the audacity to protest police killings of black men and women

My response to this American carnage was to fight back, attending the Women’s March in Washington, D.C. and engaging in “Get Out The Vote” efforts over the last 4 years.

Then, my husband and soulmate, Charles Daniels, was diagnosed with the fatal disease ALS (Lou Gehrig’s disease). He was given 1 year to live, but after choosing not to extend his life with extraordinary measures, died eleven weeks after his diagnosis on September 1, 2019. For the first time in my life, I experienced profound grief. For those who have lost someone they loved deeply, you know how the experience cracks you open and causes you to reconsider what you should do with the rest of your life.

After coming out the other side of mourning, I decided to take the skills I’ve honed over 40 years in the courtroom to Washington, D.C. to do what I do best — hold people accountable for the past corruption of our country and to use the opportunity in this crisis to transform government so it works to benefit its people.

ACCOUNTABILITY

If insurrection is not punished, then it becomes a dress rehearsal for the next time.

While the FBI has begun tracking down all of those who filmed themselves invading our Capitol, we can’t stop with the foot soldiers in this insurrection. Those at the top, who incited the attack, should not be above the law. All of those who promoted the false narrative that the election was stolen and that armed rebellion was the only recourse, should be charged, convicted and, based on the Fourteenth Amendment to our Constitution, Section 3, never be allowed to run for office again.

Just as I did when I volunteered to hold APD officers accountable for the shooting death of homeless camper James Boyd, in Congress, I would love to be a part of the team that investigates, exposes and holds accountable those who corrupted our democracy.

THE OPPORTUNITY IN CRISIS TO TRANSFORM GOVERNMENT

Just as my husband’s death caused me to re-evaluate the course of my life, the pandemic presents a unique opportunity for us to re-evaluate the course of our country. Rather than re-build government back, we have a chance to transform it based on the lessons learned from this crisis.

Lesson 1: Healthcare dependent on an employer doesn’t work in a pandemic when you lose your job through no fault of your own. It is time all American citizens had access to quality healthcare as a right. Having learned that one person can infect the whole world, we now understand that providing for the health of everyone in our community protects each of us and our families.

Lesson 2: The most important people in our community – the essential workers who stocked our groceries, made deliveries to our homes and kept us alive in this pandemic – are the ones we pay the least. Gratitude is not enough. It is time we paid those essential workers a fair wage, at least $15 an hour, eliminate the sexist and racist sub-minimum wage rate of $2.13 an hour for tipped workers and strengthen workers’ rights by strengthening the power of unions.

Gratitude is not enough. It is time we paid those essential workers a fair wage, at least $15 an hour, eliminate the sexist and racist sub-minimum wage rate of $2.13 an hour for tipped workers and strengthen workers’ rights by strengthening the power of unions.

Lesson 3: Educators are the most essential workers of all. Every parent shepherding a child at home doing on line classes has seen the heroic efforts of teachers to engage and keep our children learning. Grandparents, like me, who are pitching in to help with online reading (Harry Potter) or lessons have learned how hard teaching really is. In order to safely reopen classes, we need to keep this most precious resource safe with vaccinations, then support them with raises and extra resources, including social workers, nurses and aides.

Lesson 4: On line learning has exposed the appalling lack of internet resources in New Mexico’s rural areas and on our reservations and pueblos. It is heartbreaking to see children sitting in their parent’s cars in restaurant parking lots just so they can attend their classes. We need broadband access now and make it free to poor or disenfranchised communities.

Lesson 5: There is nothing like isolating or working from home to make you appreciate the glorious outdoor spaces we have in New Mexico. We have to heal our planet, reduce our methane and greenhouse gas emissions, and reverse the drought ravaging our state.

This is an extraordinary moment in our history, an inflection point where real progressive change is possible. The Biden-Harris administration has swiftly taken steps to undo through executive orders the abominable policies on immigration, unlimited drilling on public lands, and withdrawing from nuclear non-proliferation treaties, the World Health Organization and the Paris Climate Accords. Those great first steps need to be followed with legislation so they cannot be reversed simply by a change in leaders.

Just as I practiced transformative law – asking not just for money, but for safety changes to make sure tragedies didn’t happen again — in Congress I will work for permanent, transformative change.”

You can review Randi Mc Ginn’s Her Youtube announcement is here:

https://www.youtube.com/watch?v=3VpTiyToxgw

DINELLI COMMENTARTY AND ANALYSIS

New Mexico, and in turn, the 1st Congressional District, is facing any number of problems that are bringing it to its knees. Those problems include the corona virus pandemic, business closures, high unemployment rates, exceptionally high violent crime and murders rates, poverty, children at risk, a lack luster education system and very little economic development.

On the federal level, issues the country is facing include a threat to our democracy and the election process, COVID relief aide to the state, systemic racism, preserving a woman’s right to choose, responsible gun control, equal rights, civil rights and LGBTQ Rights, immigration reform, health care for all, increasing the minimum wage and paid sick leave, legalization of marijuana, campaign finance reform addressing “citizen united”, fair taxation for all with emphasis on the middle class and forcing corporations and the wealthy to pay their fair share of taxes, just to mention a few.

The Congressional District 1 can go no longer afford to elect people to congress based upon promises and nothing but eternal hope for better times and for a better future and with no results. What is needed is a congressional representative that actually knows what they are doing, and are informed and will make the hard decisions without their eye on the next election or higher office nor someone who just wants to placate their base and tell them what they want to hear. A person who is willing to serve in the United State House for a number of years with an emphasis on constituent services and not use the office as nothing more than a stepping stone for higher office down the road.

I am confident and can say without reservations that Randi McGinn will concentrate on what’s important to the 1st Congressional District and its people and that she truly committed to public service. The Democrat Party is fortunate to have someone of her caliber running for office. The Democratic State Central Committee should have absolutely no reservations about making Randi our nominee for congress.

Learn more about Randi McGinn and what she stands for by going her campaign web page by clicking on the below link:

https://www.mcginnfornm.com/

2021 NM Legislative Update: Pandemic Relief For Workers And Business Needed Now; Mandatory Paid Sick Leave Hard Sell During A Pandemic

Governor Lujan Grisham has called for up to $475 million to be spent on single time pandemic relief measures during this year’s 60-day legislative session that started on January 19. The Governor did not tell lawmakers what specific programs should be funded leaving that up to them.

Legislation is progressing through committee hearings in the 2021 Legislative session that will have a direct impact on New Mexico’s service industry and employees. Two are Pandemic Relief funding and one is paid sick leave.

PANDEMIC RELIEF FUNDING

On Thursday, February 4, the State Senate Finance committee approved two separate pandemic relief bills on a unanimous vote with no dissent. Senate Bill One (SB-1) bill calls for $600 rebates for New Mexico workers who make less than $15 per hour. It also calls for a 4-month tax suspension for restaurants, breweries, dining establishments, including food trucks.

REBATES TO ESSENTIAL WORKERS

In the June and November Special Legislative session held in 2020,the New Mexico lawmakers passed two separate pandemic relief packages. The November relief package was objected to by many legislators because it did not include hazard-pay bonuses to “essential” workers making less than $15 an hour. These are workers who have been at the front lines of the pandemic working at grocery stores, hospitals and other businesses.

According to Senate Majority Leader Peter Wirth, D-Santa Fe, such workers will benefit from the$600 rebates in that it targets New Mexicans who qualified for the state’s Working Families Tax Credit in 2020. Wirth told the Senate Finance Committee:

“These are the essential workers that have been holding our economy together and deserve our thanks.”

RESTAURANT TAX RELIEF

Under the Senate Bill approved by the Senate Finance committee, a “tax holiday” for restaurant and brewery sales was approved to in effect from March through June. According to the legislation, sales made during the 4-month time period would allow to be deducted from gross receipts tax and the state would offset any revenue loss incurred by New Mexico cities and counties as a result.

Sen. Crystal Diamond, R-Elephant Butt, told the Senate Committee that while tax relief could help keep some struggling restaurants afloat, allowing restaurants and bars to reopen with relaxed capacity limits would have a much bigger impact in keeping such establishments from permanently shuttering. At this point, the tax relief is already too late for many restaurants that have already closed.

WAIVER OF LIQUOR LICENSING FEES

The Senate Finance committee endorsed a separate bill that directed the New Mexico Regulation and Licensing, Alcohol and Gaming Division to temporarily waive the fees for liquor licenses. All bars in New Mexico had to pay liquor license fees last year, despite being closed for most of the year due to public health orders issued by Governor Lujan Grisham.

The pandemic and the Governor’s mandatory closures and limited occupancy restrictions for indoor and outdoor dining to slow the spread of the virus has had a dramatic impact. Some supporters are saying that upwards of 30% of businesses closed will never reopen again and have gone out of business.

The state Taxation and Revenue Department said taxable gross receipts from New Mexico’s hospitality and food industries are down 21.8% or by more than $445 million over the 2019 year’s levels through the first five months of the current budget year.

WHERE THE FUNDING WILL COME FROM

The relief package is an estimated $185 million for the rebates and restaurant tax breaks alone. The financing will come from the state’s cash reserves. The states cash reserves are upwards of $2.5 billion, which is 35% of the state’s overall spending.

Senate Bill 1 will be scheduled for debate and a final vote by the Senate during the week of February 8. The goal is to get the recovery package to the Governor by the end of the month to be signed into law. The bills will take effect immediately upon being signed if they pass both legislative chambers with at least a two-thirds majority vote.

https://www.abqjournal.com/2356345/pandemic-recovery-bills-moving-quickly-at-roundhouse.html

MANDATORY PAID SICK LEAVE LEGISLATION

House Bill 20 is legislation that would require New Mexico employers to offer paid sick leave to their workforce. On Thursday February 4, the bill passed the House Labor, Veterans and Military Affairs Committee on 5 to 3 vote. Democrats voted YES in favor and Republicans voting NO Before the vote, the sick leave bill was amended to incorporate ideas from a competing bill.

Under House Bill 20, employees would accrue at least 1 hour of paid leave for every 30 hours worked. Employees could use up to 64 hours of earned leave in a 12 month period, unless the employer offers a higher limit. The sick leave accrual would apply regardless of the size of the business.

The sick leave proposal includes a provision for supplemental leave during a public health emergency, expanding what’s otherwise called for in the law. Under the legislation, employees could use sick leave accrued for medical care, caring for a family member or for absences related to domestic abuse, sexual assault or stalking.
Employers who violate the act would be liable for three times the wages they should have paid the employee, or $1,000, whichever is greater.

Sponsors of the bill are Democratic Representatives . Christine Chandler of Los Alamos and Angelica Rubio of Las Cruces. Both representatives told the House committee the sick leave proposal will help protect employers and employees alike, by limiting the chances for illness to spread within a workplace. Rubio for his part told the committee:

“This is the one thing that workers need right now, particularly because of what they’re exposed to on the front lines.”

OLÉ New Mexico has been a major advocate of paid sick leave the last 4 years in Albuquerque and Bernalillo County, advocating both the city and county governments to enact such legislation and placing the measures on the ballot where it has failed. Eric Shimamoto, a member of OLÉ New Mexico told the house committee:

“If this pandemic has taught us anything, it’s that staying home when you’re sick is taking care of everyone.”

OPPOSITION TO SICK LEAVE ORDIANCE

The paid sick leave legislation drew aggressive opposition from business owners and business groups. They argued forcefully that the amended bill did not address concerns about the cost and paperwork burden on small businesses. Terri Cole, president and CEO of the Greater Albuquerque Chamber of Commerce had this to say in an interview with the Albuquerque Journal after the house committee hearing:

“We provided the committee with several reasonable ways to limit the financial impact this onerous mandatory leave bill will otherwise have on small businesses and their workers. While this one committee chose to ignore the input of the business community, we can’t imagine the governor, House leaders, and Senate leaders share the belief that small businesses shouldn’t be accommodated and included in the conversation.”

The link to the Albuquerque Journal article is here:

https://www.abqjournal.com/2356375/sick-leave-proposal-takes-shape-in-house.html

The paid sick leave Bill 20 has been referred to the House Judiciary Committee, for yet another committee hearing where it could pass, voted down or be tabled. If the bill passes the House Judiciary Committee is will then be forwarded to the full House Chamber for consideration and if it passes there, it will be forwarded to the State Senate for further committee hearings.

COMMENTARY AND ANALYSIS

The pandemic relief bills can not be enacted soon enough and signed by the Governor. The state’s reserve fund of $2.5 billion is being used for what is it intended to be used for: economic and financial crises. The relief was needed yesterday.

As for the sick leave legislation, its goals and objective are worthy of support, but the timing of the enactment could not come at a worse time. Mandatory pay of sick leave is a hard sell given the fact unemployment applications are at historical highs in New Mexico and so many businesses in the service industry have closed down, and probably permanently. Forcing mandatory payment of sick leave is difficult to justify during a pandemic and with so many business closures and even the 25% customer occupancy rules in place.

Santa Fe New Mexican and New Mexico Politcal Reports: “New Mexico House Committee Tables Some Proposed Liquor License Changes”; Other Legislation Drafted

All bars in New Mexico have been closed since March under the Governor’s pandemic health care orders resulting in severe economic consequences. House Bill 8 was introduced for consideration by the 2021 New Mexico Legislature by New Mexico State Representative Dayan Hochman-Vigil, a Democrat from Albuquerque. The legislation would make significant changes to New Mexico’s liquor laws.

HB 8 would allow restaurants, grocery stores, liquor stores, craft distillers, small brewers and bars to offer “home delivery” of bottled alcoholic spirits. Under the legislation, restaurant deliveries would be limited to beer and wine sales that would require a minimum food purchase of $25.00. All the other liquor sales businesses would not have a food sale restriction or a purchase quantity requirement.

HB 8 would create a new type of license that would allow restaurants to serve hard liquor, and not just wine and beer, without the purchase of an expensive dispenser license. If House Bill 8 were to pass, bars owners would be allowed to take alcohol delivery orders without opening their establishment. The argument made it would provide a stream of revenue for the struggling industry during the pandemic. The new license would allow restaurants to pay a yearly fee of $3,000 to the state to sell liquor.

NEW MEXICO HOUSE COMMITTEE TABLES HB 8

On February 6, 2020, the following article written by reporter Robert Nott with the Santa Fe New Mexican was published by New Mexico Political reports, with link following the article:

HEADLINE: “NEW MEXICO HOUSE COMMITTEE TABLES SOME PROPOSED LIQUOR LICENSE CHANGES”

BY ROBERT NOTT, SANTA FE NEW MEXICAN

“Members of a House committee on Friday tabled two bills that would change the way liquor licenses are distributed in New Mexico after several license holders spoke in opposition, arguing the measures would render their licenses, some worth hundreds of thousands of dollars, nearly worthless.

One of the measures — House Bill 8 — would allow restaurants to deliver beer and wine with food orders.

The House Commerce and Economic Development Committee’s decision to delay the bills might have had little to do with the concerns of the liquor license holders.

Several similar bills are making their way through the Legislature, and it’s not uncommon to see lawmakers delay action on a measure as they work to draft a single piece of legislation they believe has the best chance of gaining approval and getting to the governor’s desk for a signature.

“They’re not gone,” said Rep. Antonio “Moe” Maestas, D-Albuquerque, who is chairman of the committee. “Those brains have morphed into one big giant brain.”

Maestas, along with other lawmakers on the committee and members of the public who spoke in favor of the measures, said it’s time to update the state’s liquor license laws, which have not undergone a significant change in 40 years.

While a beer and wine license for a restaurant costs up to $1,150 a year, including fees for Sunday sales, according to the state Regulation and Licensing Department, there is a limited number of liquor licenses available in New Mexico. A license for a new business must be bought or leased from another owner and can sell for $350,000 for a restaurant or bar, or more than $1 million for a retailer.

Under some of the bills being considered during the session, a restaurant could buy a license to serve liquor for as little as $25,000, with annual renewal fees of around $3,000.

The proposed change does not sit well with long-term restaurant and bar owners who paid far more for their existing licenses.

“Allowing people to get in at much less than what I got in for just doesn’t seem equitable,” said Mike Cheney, owner of the Win Place and Show bar, a package store and dance hall in Ruidoso. Cheney said he and his wife paid $600,000 for their liquor license just a few years ago.

Advocates for the legislation — including Alicia Keyes, Cabinet secretary of the Economic Development Department, who spoke during Friday’s hearing — say it is a necessary move. They argue the state’s outdated liquor license laws make it hard for new restaurants to afford a license or, if approved, to take part in any home delivery services of beer and wine.

The proposed legislation could lead to more businesses and jobs in a state hit hard by the COVID-19 pandemic.

In addition, advocates say, restaurants struggling with financial hardships from the pandemic can drum up more business by bringing their products to people self-isolating in their homes.

“This provides an option for a new type of restaurant to open, and safe delivery [of food and alcohol] will provide more revenue,” Keyes told the committee.

“These changes make a lot of sense even without the pandemic,” she said, noting more and more people are becoming accustomed to home delivery services for a variety of goods.

Maestas and other legislators began discussing a need to revise the state’s liquor license laws last year as businesses in the restaurant and hospitality industry either scaled back operations or closed temporarily — or for good.

There are over 700 restaurants with liquor licenses in the state. That does not include bars, clubs or microbreweries.

State law allows a license-holder to lease it to another business or sell it.

But state law also prohibits the government from buying back licenses or even partially compensating longtime license owners for any drop in value, Maestas said at Friday’s hearing.

“There’s no question it will disrupt the entire market of liquor license,” he said of the measure.”

But if something is not done now, he said, eventually those licenses will cost $1 million, making it virtually impossible for new restaurants wanting to serve alcohol to get into the game.

Maestas introduced a separate bill that would offer limited tax breaks to existing license-holders to mitigate their potential losses. He said the bill will get a hearing sometime next week.

The link to the article is here:

https://nmpoliticalreport.com/2021/02/06/new-mexico-house-committee-tables-some-proposed-liquor-license-changes/?mc_cid=90c481db30&mc_eid=d03b0979c3

COMMENTARY AND ANALYSIS

The sale of liquor in the state is one of the most highly regulated industries in virtually all states. Licenses usually have ongoing qualifying mandates for renewal and at times have terms as to how long the license is effective and must be renewed. There is a liquor license revocation process in place, such as revoking a license if liquor is sold to minors. Normally, licenses issued by a state do not give vested property rights to those individuals who apply for and issued the license to be able to sell or transfer on the open market. Dispenser licenses are viewed as “speculative investments” that accrue in value, and that was never the intent of the legislature.

The biggest problem with the existing New Mexico state liquor control laws is that they create the problem of granting a “property right” to those who were originally issued state licenses by allowing them to be sold or leased on the open market. The state did so for the sole purpose of putting a cap on the number of liquor licenses in order to avoid the proliferation of liquor businesses in a county, city or neighborhood. It was a good idea at the time and was intended to have an impact on the state’s alcohol abuse problem and DWI rates.

If New Mexico Governor Michelle Lujan Grisham and the New Mexico Legislature truly want to encourage economic development and help locally owned businesses, liquor license reform must be included in the equation. It is likely such reform will require sweeping changes to level the playing field for all that want to apply for liquor permits.

Its encouraging that HB 8 was tabled for now in that other legislation is being written that will indeed be far more likely to achieve liquor licensing law reform

Links to related blog articles are here:

Liquor License Reform Requires More Than Home Delivery Sales; Abolish “Dispenser Licenses” That Give Property Rights; Return To State Licensing As Giving Permission And Not Giving Property Rights

John B. Strong Guest Column: Revisiting Liquor License Reform

The Race To Replace Debra Haaland In 1st Congressional District; 15 Announced Candidates Identified

On December 18, 2020, President Joe Biden announced the appointment of Congresswoman Debra Haaland as United State Secretary of Interior. The appointment is historic because once confirmed by the U.S. Senate, Haaland will become the first Native American woman to be part of any presidential cabinet. Haaland has yet to be confirmed by the United States Senate and has not resign from congress. She did vote for the 2nd Impeach of President Trump over his inciting of the January 6, 2021 storming of the capitol. It is speculated that Haaland will be confirmed in late March by the Senate at which time she will resign her congressional seat.

TIMING IS EVERYTHING

The timing of Haaland’s resignation from congress will have a major impact on when a special election is held to replace her. Haaland will remain in her U.S. House seat through the Senate confirmation process. If she is not confirmed first, she would remain in congress. If and when of Haaland’s resignation from congress will determine when the New Mexico Secretary of State must call for a special election. The word “if” is used only because over the years more than one cabinet nominee has had to withdraw after US Senate hearings and vetting. Some Republicans are already voicing opposition to her nomination over he opposition the oil and gas drilling and support of environmental efforts.

Under New Mexico law, a special election must be held between 77 to 91 days after the seat is vacated. In 2019, the New Mexico legislature changed its law on the process used to fill vacancies in the United States House and Senate. Under the new law, there are no primary elections. Instead, New Mexico’s 3 recognized political parties central committees (Democrat, Republican and Libertarian Party) will meet and nominate their own candidates at least 56 days before the special election.

In the Democratic Party, only members of the State Central Committee residing in Congressional District 1 will vote to fill the vacancy. There are about 170 members from the Albuquerque district on the Democrat Central Committee and sources have confirmed more that a number of candidates have already begun calling State Central Committee members in the Democratic and Republican parties.

THE RACE TO REPLACE

Since the December 18 cabinet appointment announcement, the race to replace Haaland has become very crowded. One virtual debate amongst the Democratic candidates was held on February 4 by the mid heights Indivisible Nob Hill organization.

Following is a listing of the identified announced candidates:

ANNOUNCED DEMOCRATS

1. State Senator Antoinette Sedillo Lopez, who ran for the position in 2018 and came in 3rd in the primary. She is a fomer UNM Law School professor and the wife of State District Court Judge Victor Lopez.

2. NM State Rep. Melanie Stansbury who has been twice elected to the New Mexico House and has served as an environmental adviser in the Obama White House.

3. NM State Representative Patricia Roybal Caballero, serving as a member of the House of Representatives from the Bernalillo County 13th district. She was elected in 2012, and assumed office on January 15, 2013. In the New Mexico State Legislature, Rep. Roybal Caballero has served as House Democratic Caucus Chair (2014-2016), Vice Chair of the House Consumer & Public Affairs Committee (2013-2018), Vice Chair of the House Labor, Veterans & Military Affairs Committee.

4. New Mexico State Representative Georgene Louis, Bernalillo County District 13. She is an attorney and has served in the legislature since 2013. She is the chair of the House State Government, Elections & Indian Affairs Committee, a a member of House Judiciary Committee and the House Rules and Order Committees.

5. Highly respected trial attorney Randi Mc Ginn, a former Assistant Bernalillo County District Attorney and Special Prosecutor of the two police officers charged in the murder of homeless camper James Boyd. She is also the widow of the late Supreme Court Justice Charles Daniels.

6. Karie Converse, trial attorney and formerly with the New Mexico Office of the Federal Public defender.

7. Victor Reyes, Legislative director for Governor Michelle Lujan Grisham. He is a community organizer, environmental advocate and a strong progressive. Mr. Reyes served as the chair of New Mexico’s Community Development Council where he oversaw the investment of tens of millions of dollars of federal funds in infrastructure and economic development projects in New Mexico. As the political and legislative director of Conservation Voters New Mexico, he led the successful opposition to anti-conservation legislation in the 2015 state legislative session. As the Campaigns Director for ProgressNow New Mexico, he championed progressive candidates and issues.

8. Francisco Fernández According to his campaign web page, Mr. Fernandez is a “5th generation Burqueño” whose family history predates statehood. He grew up in multiple Albuquerque communities. He is the first in his family to graduate college and attended the Jesuit Catholic College of Loyola University, New Orleans. He is involved in the entertainment industry and has pursued a career in television and film production. You can review more on his candidacy at https://www.franciscofornm.com/meet-francisco

9. Selinda Guerro is a community activist. According to her web page, she is a working class BIPOC feminist community organizer. She is a single mother of six and a lifelong resident of Albuquerque. The link to her campaign web page is here to read more about her candidacy and background : https://www.thepeopleforcongress.com/

ANNOUNCED REPUBLICANS

As of Wednesday, January 3, the Republicans who have so far announced their candidacies are:

1. Eddy Aragon, CEO of the Rock of Talk radio station and conservative radio talk show host for “Rock the Talk”. Aragon also ran for Mayor four years ago Just recently, Aragon ran against State Republican Party Chairman Steve Pierce for Republican Party chairman proclaiming the party needed a new generation of leader. Aragon is an extreme, right wing conservative and staunch supporter of President Trump. Aragon is known for his sharp tongue approach on his radio programs that alienates both friends and foes alike.

2. Peggy Muller-Aragon, an Albuquerque Public Schools board member and wife of private attorney Robert Aragon who was a New Mexico State Representative and who himself ran for congress many years ago. His father was longtime New Mexico State Democratic Representative Bennie Aragon. Both Peggy and Robert Aragon were Democrats and one time but become Republicans many years ago.

3. Michaela Chavez, an Albuquerque bookkeeper who recently ran for state Senate and lost to Democrat State Senator Bill O’Neill.

4. Ronnie Lucero, who is involved with the Lexit Strike Force, a group that rallies for conservative Latino voters.

5. Jared Vander Dussen, a candidate who lost in the Republican primary last year to Michelle Garcia Holmes.

ANNOUNCED INDEPENDANTS

Former state Land Commissioner Aubrey Dunn is running as an independent candidate. Dunn was a registered Republican and changed his party affiliation after leaving the Land Commissioners Office.

COMMENTARY AND ANALYSIS

Even with a remarkable number of 14 candidates running to replace Debra Haaland in 1st Congressional District, voters can take comfort that they will not be inundated with TV commercials, at least until the major parties select their party’s nominees. For now, the scrambling and the campaigning is confined to the members of the State Central Committees. No doubt the lion’s share of the campaigning consists of candidates making phone calls to all members of the state central committees which are the hard-core party activists.

The hard-core activists on the Democratic Party State Central committee are most assuredly progressives with many Bernie Sanders supporters. For the Republican State Central Committee, the hard-core party activists are Trump supporters who have bought into all of his lies over the past 4 years and that the election was stolen. Republican Party State Party Chairman and former Congressman Steve Pierce will no doubt make every effort to nominate a strong Trump supporter the likes of Yvette Harrel as he eyes another race for Governor.

New Mexico, and in turn, the 1st Congressional District, is facing any number of problems that are bringing it to its knees. Those problems include the corona virus pandemic, business closures, high unemployment rates, exceptionally high violent crime and murders rates, poverty, children at risk, a lack luster education system and very little economic development.

On the federal level, issues the country is facing include a threat to our democracy and the election process, COVID relief aide to the state, systemic racism, preserving a woman’s right to choose, responsible gun control, equal rights, civil rights and LGBTQ Rights, immigration reform, health care for all, increasing the minimum wage and paid sick leave, legalization of marijuana, campaign finance reform addressing “citizen united”, fair taxation for all, just to mention a few.

The State can go no longer afford to elect people to congress based upon promises and nothing but eternal hope for better times and for a better future and with no results. What is needed is a congressional representative that actually knows what they are doing, and are informed and will make the hard decisions without their eye on the next election or higher office nor some one who just wants to placate their base and tell them what they want to hear. A person who is willing to serve in the United State House for a number of years with an emphasis on constituent services and not use the office as nothing more than a stepping stone for higher office down the road. Let’s hope the candidates who are running for Congress will concentrate on what’s important to the 1st Congressional District and not strictly to their party dogma or personal gain but one truly committed to public service.

Good luck to all the candidates and thank you for making the commitment to run for office during these difficult days for our country and our state.

The “Greedy 8” In Governor’s Office; Pay Raises Of 8% to 21% Given To Governor’s Political Operatives While State Workers Get 1% Pay Increases

It has been reported by two separate news outlets that Democratic Governor Michell Lujan Grisham has given $7,400 to $18,000 pay increases to her personal staff while at the same time she and legislators were taking back a 4% raises promised to teachers, state employees and essential workers. The Governor also issued a hiring freeze for state government as a cost saving measure.

It was on June 18, 2020 that the Governor was forced to call a special legislative session to deal with the state’s deficit and to adjust the state budget amid historical deficits the result of the COVID-19 pandemic business closures and the collapse in oil revenues. Governor Michelle Lujan Grisham and New Mexico lawmakers were faced with more than $2 billion budget deficit that they dealt with during the special session. The state projected a $1.976 billion revenue loss for the Fiscal Year 2021 budget which began on July 1, 2020 and ends on June 30, 2021.

Links to the news articles are here:

https://thecandlepublishing.com/new-mexico-governor-quietly-gave-large-raises-to-her-staff-while-cutting-teacher-and-state-employee-raise/

https://www.abqjournal.com/2355906/govs-office-pay-raises-draw-fire.html

RAISES GIVEN TO POLITCAL OPERATIVES

Eight of Governor Michelle Lujan Grisham’s executive staff received salary increases totaling $92,000 over the past year. The raises took effect in April, 2020, before the special session to deal with the budget shortfall. The increases range from 8% to 21%. All 8 of the executive staff are exempt employees who serve at the pleasure of the Governor, can be terminated without cause, and have little or no job descriptions other than the titles they hold. The new salaries paid range from $101,088 to $146,000.

On average state, school, and hospital employees paid from state and federal funds are paid between $30,000 to $40,000 a year. Last year at the time the Governor approved the executive salaries increases, the Governor told state employs who were paid under $15 an hour they would not get the 4% pay increase originally approved by the 2020 Legislature but would be given a 1% pay increase instead. For a worker making $12 an hour, that would have been less than $20 more a week.

THOSE WHO WERE GIVEN GOVERNOR’S RAISES IDENTIFIED

Five of the eight were given 8% salary increases while the other 3 were given 21%, 15%, and 10% respectively. Following is a listing of the “GREEDY 8” salary increases:

Tripp Stelnicki, Director of Communications, went from a salary of $88,399 paid in January 2020 to a salary of $107,000 in January, 2021, or 21% salary increase.

Melisa Salazar, Director of Boards and Commissions, went from a salary of $78,000 in January 2020 to a salary of $90,000 in January, 2021 or a 15% salary increase.

Matthew Garcia, Chief of Staff, went from a salary of $133,120 in January 2020 to a salary of $146, 016 in January, 2021 or a 10% salary increase.

Teresa Cosados, Chief Operating Officer, went from a salary of $135,200 in January 2020 to a salary of $146,016 in January, 2021 or an 8% salary increase.

Dominic Cabello, Cabinet Director, went from a salary of $133,120 in January 2020 to a salary of $143,770 in January, 2021 or an 8% salary increase.

Diego Arencon, Deputy Chief of Staff, went from a salary of $125,001 in January 2020 to a salary of $135,001 in January, 2021 or an 8% salary increase. Diego Rincon was promoted to Deputy Chief of Staff which was said to have justified the salary increase because he assumed additional duties and responsibilities. Ricon retired from the Albuquerque Fire Department as a “pipeman” over 3 years ago and for a number of years was the president of the Firefighters union. It is common knowledge that Rincon over many years has had a strong working relationship with the Governor and that he has been within her “inner circle” giving advice and support to her during her years as a Bernalillo County Commissioner and as a United States Congresswoman.

Carolyn Buerkle, Deputy Chief Operations Officer, went from a salary of $125,001 in January 2020 to a salary of $135,001 in January, 2021 or an 8% salary increase. Caroline Buerkle was promoted to and became Deputy Chief Operating Officer, which was said to have justified the salary increase because she assumed additional duties and responsibilities. Buerkle is known to be a close personal friend and travels with the Governor often.

Victor Reyes, Director of Legislative Affairs, went from a salary of $93,600 in January 2020 to a salary of $101,088 in January, 2021 or an 8% salary increase.

OTHER STATE EMPLOYEES

The Governor of New Mexico is paid $174,000 a year. (https://ballotpedia.org/Michelle_Lujan_Grisham)

The Lieutenant Governor of New Mexico is paid $85,000 a year. (https://ballotpedia.org/Lieutenant_Governor_of_New_Mexico)

A little less than two years ago on May 24, 2019 ,it was reported that Governor Michelle Lujan Grisham approved a 17% salary increase for all Cabinet secretaries. The raises took cabinet secretaries’ annual pay from $128,000 to $150,000. At the time, Governor spokesman Tripp Stelnicki said the raises would help the state compete with the private sector in getting the best candidates.

https://www.kob.com/new-mexico-news/new-mexico-governor-oks-pay-raises-for-cabinet-secretaries/5360282/

The 2020 New Mexico legislature that convened in January, 2020, teachers were given 6% pay raises and were scheduled to receive 4% starting last summer. That all changed when on June 18, 2020 t the Governor was forced to call a special legislative session to deal with the state’s deficit and to adjust the state budget amid historical deficits. All government pay raises were rolled back to 1% in the June special session. State employees were given 4% pay raises, but those too were eliminated or rolled back to 1%. According to news reports, some of the top staffers in the Governor’s Office, besides the eight who got raises averaging 10% didn’t receive increases either. According to the state’s online salary records the top executives in the Legislative Council Service and Legislative Finance Committee have not had their pay changed over the past year.

SWIFT CONDEMNATIONS FROM REPUBLICAN LEGISLATORS AS DEMOCRAT LEADERSHIP REMAIN SILENT

Not at all surprising, the pay increases drew immediate condemnation from Republican lawmakers. The Republican legislative leaders noted that at least a few of the changes came after the Governor’s public health restrictions began limiting private business activity which were accompanied by layoffs and increases in unemployment benefit applications.

House Republican Minority Whip Rod Montoya, R-Farmington had this to say:

“I thought the governor told us when she was shutting down the entire state that we were all in this together. … Apparently, we’re not all in this together. … [The raises are] very frustrating.”

Senate Republican Minority Leader Greg Baca, R-Belen, issued a written statement an said in part:

[Governor that Lujan Grisham] has chosen to prioritize political appointees over everyone else. … [She has used] her executive budget to reward the loyalty of her inner circle.”

Thus far, the House and Senate Democrat Leadership have not given any reaction to the raises.

GOVERNOR’S OFFICE RESPONDS

Nora Meyers Sackett, the Governor’s press secretary, responded in part to the criticism saying some of the raises were because of promotions and others were planned in 2019 but didn’t take effect until 2020.
Sackett said in part:

“[Salaries] do change when employees are promoted or their responsibilities are expanded, just like in any other office. … The office stays within its means as far as what is budgeted. [The Governor’s Office] staff play a critical role in the operation of the state’s executive branch and the governance of the state – all of which is amplified during a yearlong crisis. They coordinate state departments and agencies, all of whom operate under the executive’s leadership, as outlined by the state Constitution. … [Their work] has been particularly critical during the ongoing pandemic, as Governor’s Office staff have worked 24 hours a day, seven days a week to direct the state’s COVID-19 response and continue to provide important information to the public.”

COMMENTARY AND ANALYSIS

There is no getting around it. No matter what any one can say, all 8 of the pay raises are a classic case of “do as I say, not as I do”. Lest anyone forget, Governor Lujan Grisham asked all state employees to take pay cuts. This was done after a full 8 years of no salary increases under former Republican Governor “She Who Must Not Be Named”.

Handing out $7,400 to $18,000 pay increases to personal staff and political operatives is one sure way to lose credibility with the public and state employees. The Governor’s political operatives need to ask themselves was it really worth it, and because of sure greed, they no doubt think they are worth it and deserve it.
__________________________________________________

POSCRTIPT

The following Albuquerque Journal Editorial was published on Tuesday, February 8:

Editorial: Governor’s big raises for her inner-circle staff are tone deaf and wrong
BY ALBUQUERQUE JOURNAL EDITORIAL BOARD

Monday, February 8th, 2021 at 12:02am

Gov. Michelle Lujan Grisham must think her communications director had a pretty good pandemic year sparring with Republicans, defiant businesses and churches, tweeting those focused on reopenings were a “death cult.”

Tripp Stelnicki was the biggest benefactor over the past year of pay raises ranging from 8% to 21% for several members of the governor’s inner circle. After a $12,000 annual pay raise around April, Stelnicki got a $7,000 bump by September, raising his annual salary almost $19,000 since January 2020.

Stelnicki now makes $107,000 annually – more than double the state’s median household income. This, during a global pandemic that put tens of thousands of New Mexicans out of work for much of last year. And Stelnicki wasn’t alone.

Seven other top staffers in the Lujan Grisham administration received salary increases over the past year at rates far greater than those granted to state employees. But then, road crews and teachers don’t work in the Governor’s Office.

Melissa Salazar, director of boards and commissions, got a 15% increase, pushing her annual salary from $78,000 to $90,000.

Matthew Garcia, who was promoted from general counsel to chief of staff, had his annual pay increased by almost 10%, from $133,120 to $146,016.

The remaining five members of the governor’s top staffers – chief operating officer Teresa Casados, Cabinet director Dominic Gabello, deputy chief of staff Diego Arencon, deputy chief operations officer Caroline Buerkle and director of legislative affairs Victor Reyes – all got 8% raises from January 2020 to January 2021.

The Governor’s Office said at least three of the pay increases – for Garcia, Arencon and Buerkle – were tied to promotions or expanded responsibilities. And no doubt all eight of these employees are putting in increased hours and facing greater pressure as they play key roles in how the state deals with an unprecedented pandemic.

Lujan Grisham press secretary Nora Meyers Sackett said some of the raises were planned in 2019 but didn’t take effect until 2020.

Even a deadly pandemic that crippled the state’s economy couldn’t stop the $92,000 in pay raises?

It certainly derailed other state employee raises. Teachers were scheduled to receive 4% raises starting last summer, but their raises were rolled back to 1% in the June special session. State employees had been scheduled to receive 4%, too, but their raises were rolled back or eliminated entirely.

What’s particularly galling is the governor’s tone deafness. And the public reaction was immediate.

“Wow! In private industry those levels are two to four grade-level promotions,” said Journal SpeakUp! writer DO.

“Under the category of adding insult to injury: Each of our state’s staff to MLG, besides receiving an unconscionable percent increase in salary, in a time of COVID-19, will probably be getting, and has gotten, stimulus checks from Uncle Sam, …” said SpeakUp! writer CL.

Nobody disputes members of the governor’s staff play a critical role in the operation of state government, especially during a public health crisis. But giving them raises averaging 10% while more than 100,000 New Mexicans are out of work, then doubling down and defending them, is opposite of the governor’s “We are in this together” pledge.

Instead, it shows just how out of touch the fourth floor of the Roundhouse can be.

This editorial first appeared in the Albuquerque Journal. It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.

https://www.abqjournal.com/2357147/governors-big-raises-for-her-innercircle-staff-are-tone-deaf-and-wrong.html

2021 Election For Mayor And City Council Starts March 1; 3,000 Petition Signatures For Mayor, 500 Signatures For City Council; $661,309 Public Finance For Mayor And $40,000 To $50,000 For Council; City Hall Jobs At Stake; Measured Finance Committees Will Warp 2021 Municipal

The 2021 Albuquerque Municipal election for Mayor and City Council is about to officially start. March 1 is the first day candidates can declare to seek public finance beginning an 8-month election process.

Election day is Tuesday, November 2, 2021.

This blog article is a review of the requirements to get on the ballot, the requirements for public finance, a discussion of the jobs at stake as well as the roll “measured finance” committees will play in the election.

The municipal election is a “nonpartisan” race, meaning no one on the ballot will have a party affiliation listed. The New Mexico Constitution provides that all municipal elections be nonpartisan which is why the Albuquerque City Charter requires it and not because the framers of our charter thought it was a great idea. Notwithstanding, the Democrat and Republican parties are known to get very involved in one form or another either with volunteers, donations or both.

On the ballot this year will be the office for Mayor and the 5 odd numbered city council districts of the 9 city council seats. The council seats up for election are City Council seats 1, 3, 5, 7, and 9.

Although the municipal election is scheduled for November 2, 2021, there is a possibility that a runoff election will have to be scheduled within 30 days. Under the city’s election laws, a candidate in a slate of candidates must secure 50% plus one of the votes in order to avoid a runoff. If no candidate in a field of 3 or more candidates secures the required 50% plus one vote, a runoff is held between the 2 top vote getters.

THE INCUMBENTS

MAYOR TIM KELLER

Democrat Mayor Tim Keller has already made it known he is running for a second 4-year term but will probably schedule a formal announcement soon. Sources are saying the only potential opposition to Keller at this point is Democrat Bernalillo County Sherriff Manny Gonzales. It’s more likely than not the Republican party will recruit someone to run for Mayor.

TO THE VICTOR GOES THE SPOILS

The Mayor is paid $125,000 a year, but also at stake are 26 Department Directors who are at will employees and who serve at the pleasure of the Mayor and who are often paid much more than the Mayor. To emphasize the magnitude of the jobs that are at stake, following is a listing Mayor Keller’s top paid executives and their salaries. All are at-will employees who would be subject to removal if Keller does not win a second term and the new Mayor decides to fire them and replace them:

MAYOR’S APPOINTED EXECUTIVE STAFF SUBJECT TO ELECTION OUTCOME

The Mayor’s top appointed executive staff and pay include:

Nair, Sarita CA-Chief Administrative Office Chief Administrative Officer (CAO) $186,747.20
Rael, Lawrence D CA-Chief Administrative Office Chief Operations Officer (COO) $181,953.60
Bhakta, Sanjay FA-Finance Admin Svc Chief Financial Officer (CFO) $143,008.80

CITY DEPARTMENT DIRECTORS, DEPUTIES AND ASSISTANTS

Department Directors are appointed by the Mayor and are unclassified positions with starting salaries of approximately $116,000. The Mayor’s department directors and what they are paid are as follows:

Medina, Harold Chief Of Police $183,378.60 (Salary paid to Chief Geier before Keller fired)
Gonzalez, Arturo E Deputy Chief $140,498.63
Garcia, Eric J Deputy Chief $140,144.28
Dow, Paul Fire Chief $148,128.08
Aguilar Jr, Esteban A LG-Legal City Attorney $144,386.41
Mowery, David E Deputy Fire Chief $130,892.98
Frazier, Sean R Deputy Fire Chief 128,686.88
Nevarez, Danny S AW-Animal Welfare Director $139,886.00 (FORMER)
Osterloh, Brian A TI-Technology and Innovation Director $133,923.20
Simon, David J PR-Parks and Recreation Director $129,156.00
Leech, Mark T Technology and Innovation Deputy Director/DTI $128,884.60
Di Menna, Mark A EH-Environmental Health Deputy Director/EHSE $124,694.40
Montoya, Charles P MD-Municipal Development Director $124,088.00
Pierce, Carol M FC-Family Community Svcs Director $124,088.00
Chapman, Paul Ray TI-Technology and Innovation Assoc Chief Info Officer $123,073.60
Martinez, Jennifer Renee FA-Finance Admin Svc Director $122,414.40
Scott, Mary L HR-Human Resources Director $119,344.86
Van Etten de Sanchez, Mary CS-Cultural Services Director $119,020.00
Fleming, Baird E Cultural Services Bio Park Administrator $118,771.23 (FORMER)
Fanelli, Pamela S FA-Finance Admin Svc City Controller $118,771.22
Allen, Nyika AV-Aviation Director $117,648.01
Jaramillo, Synthia R ED-Economic Development Director $117,648.00
Sanchez, Anna M SA-Senior Affairs Director $117,648.00
Whelan, Matthew SW-Solid Waste Director $117,648.00
Duhigg, Katy M CC-Office of the City Clerk City Clerk $116,122.80 (FORMER)
Mitchell, Kenneth D Parks and Recreation Deputy Director-Parks & Rec $113,940.40
Williams, Brennon N PL-Planning Department Director $113,180.80
Lozoya, Melissa R. Municipal Development Assoc Director $113,169.64
Smith, Dean P CS-Cultural Services Assoc Director Library 113,211.20
Sourisseau, Kevin J Municipal Development, Deputy Director 112,041.60
Thompson, James Internal Audit City Auditor 111,195.20 (FORMER)
Truong, Loc T, Human Resources Deputy Director/HR 108,632.24

https://www.petedinelli.com/2020/05/28/9864/

FIVE CITY COUNCIL POSITIONS

Albuquerque City Councilors are paid $30,600 annually and the Council President earns $32,600 annually. They are also eligible to join the Public Employees Retirement Association and earn a pension after they have served 5 full years. Health Insurance is also made available to them.

The City Council incumbents are as follows:

District 1, City Councilor Lan Sena (Democrat) : She represents Albuquerque’s Central West Side. She was appointed to the City Council in March 2020, by Mayor Tim Keller. Sources are saying she is running for a full term.

District 3, City Councilor Klarissa Peña (Democrat): She represents the southwest part of Albuquerque. She was elected to the City Council in October, 2013. Sources are saying she is running for another 4-year term.

District 5 City Councilor Cynthia D. Borrego (Democrat): She represents the Northwest part of Albuquerque. She was elected to City Council in November 2017. Councilor Borrego is the current President of the City Council and sources are saying she is running for a second 4-year term.

District 7 City Councilor Diane Gibson (Democrat): She represents Albuquerque’s mid-heights including uptown and parts of the near northeast heights. She was elected to the City Council in October 2013. Councilor Gibson is the Vice President of the City Council and sources are saying she is not running for a second term but that could change in no one emerges to run against her.

District 9 City Councilor Don Harris (Republican): He represents the far Southeast Heights and Foothills. He was first elected to the City Council in 2005. Sources are saying Councilor Harris is running for another 4-year term.

2021 CANDIDATE GUIDE

The City of Albuquerque “2021 CANDIDATE GUIDE” provides a detailed candidate calendar of deadlines on pages 6 to 12 of the guide. The Candidate Guide provides the dates and requirements for the filing of campaign finance reports.

The link to the Candidate Guide is here:

http://www.cabq.gov/clerk/documents/candidate-guide-2-0.pdf

DISCLAIMER: This blog article should is not a complete outline of all the mandatory requirements for the 2021 municipal election. Any candidate for municipal office should rely on the candidate guide as the definitive requirements and deadlines

PETITION SIGNATURES AND TIME LINES FOR PUBLIC FINANCE CANDIDATES

According to the City Charter and election code ordinances, candidates for Mayor and City council must gather nominating petition signatures from registered voters who live within the city limits.

MAYOR NOMINATING SIGNATURE PERIOD AND REQUIREMENTS FOR PUBLIC FINANCED CANDIDATES

From April 17 to June 19, 2021, candidates for Mayor must gather 3,000 signatures from registered voters within the City. Each name and signature on the nominating petition is reviewed and compared to the voter registration rolls and if the person who has signed the petition name is not on the voter registration rolls, it is disqualified. Therefore far more than 3,000 signatures are needed to take into account disqualified signatures. Consequently, as many signatures above the 3,000 requirement is recommended for a “buffer” in order to ensure the minimum number of nominating signatures are secured.

CITY COUNCIL NOMINATING SIGNATURE PERIOD AND REQUIREMENTS FOR PUBLIC FINANCE CANDIDATES

From May 31 to July 5, 2021, candidates for City Council must gather 500 qualifying signatures from registered voters within the district the candidate wishes to represent. Each name and signature on the nominating petition is reviewed and compared to the voter registration rolls and if the person who has signed the petition name is not on the voter registration rolls, it is disqualified. Consequently, as many signatures above the 500 requirement is recommended for a “buffer” in order to ensure the minimum number of nominating signatures are secured.

EDITORS NOTE: The petition signature timelines for Mayoral Candidates and Council Candidates highlighted above are for publicly financed candidates.

PRIVATELY FINANCED CANDIDATES SIGNATURE COLLECTON PERIODS

Privately financed candidates also have to collect petition signatures, however they do this much later in the election cycle.

Privately Finance Candidates for Mayor must gather more than 3,000 signatures from registered voters within the City and can only gather signatures from June 8 to August 10, 2021. Each name and signature on the nominating petition is reviewed and compared to the voter registration rolls and if the person who has signed the petition name is not on the voter registration rolls, it is disqualified. Therefore far more than 3,000 signatures are needed to take into account disqualified signatures.

Privately Financed Candidates for City Council must gather more than 500 signatures from registered voters within the district the candidate wishes to represent and can only gather signatures from July 6 to August 10, 2021. Each name and signature on the nominating petition is reviewed and compared to the voter registration rolls and if the person who has signed the petition name is not on the voter registration rolls, it is disqualified. Therefore far more than 500 signatures are needed to take into account disqualified signatures.

You can find these timeframes here:

http://www.cabq.gov/vote/candidate-information/privately-financed-candidates

PUBLIC FINANCING AVAILABILITY AND GUIDLINES

March 1 is the first day for Mayoral Candidates to submit Declaration of Intent to Seek Public financing. Council Candidates may file their intent to seek public financing at any point after until the Qualifying Period has closed.

Qualifying public financed candidates for Mayor and City Council are given a single lump sum of money from the city they can use to run their initial campaign and if they make it into a runoff election, they are given a significantly reduced lump sum amount in public financing for the runoff election.

According to the city’s public finance laws, public finance candidates are given $1.75 cents per voter for regular elections and from 60 cents for runoff elections. In the 2021 municipal election, candidate for Mayor who qualify for public finance will be given $661,309.25. If the Mayoral candidate makes it into the runoff, they are given an additional 60 cents per registered voter.

The qualifying public finance candidates for City Council are also given the same amounts per registered voter in their City Council Districts or approximately $41,000 to $51,000, depending on register voter counts. If the city council candidate makes it into the runoff, they are given an additional 60 cents per registered voter in their district.

Candidates for Mayor and City Council are given 2 months to collect nominating petition signatures from registered voters.

Under the city’s public financing laws, candidates for Mayor are only given 8 weeks to collect the 3,779 qualifying donations of $5.00 which is a very difficult and daunting task unless you’re an incumbent and have a built in advantage of people relying on you for a job and have done it before for you. In 2017, there were 8 candidates for Mayor with only 1 candidate qualifying.

Public finance candidates for Mayor and City Council must agree in writing to a spending cap and can only spend what the city gives them.

EDITOR’S NOTE: Public finance candidates for Mayor and City Council can only accept $5.00 qualifying donations from registered city voters. Privately finance candidates can accept campaign donations from any legal source and from individuals, businesses and corporations within the city, county state or out of state and there is no city registration required.

EXPLORATORY PERIODS AND “SEED MONEY”

Candidates for Mayor and City Council who apply for public finance may “test the waters” before filing for candidacy by being allowed to raise “seed money” for their campaigns and determine their viability.

March 1 to April 16, 2021 is designated as the exploratory period for Mayor to collect “seed money” for a campaign for Mayor. Donations of $250 in seed money from individuals is allowed with a total aggregate of $132,261.85 allowed.

April 25 to May 30, 2021 is designated as the exploratory period for City Council candidates to collect “seed money” for their campaign.

City Council Candidates in all 5 City Council Districts on the November ballot can collect up to $250 in seed money contributions from voters in their Districts, but there is an aggregate cap on the total amount of seed money because of different voter registration numbers in each City Council District. The aggregate of seed money contribution limits for each city council district is as follows:

City Council District 1: $8,205.40
City Council District 3: $8,000.00
City Council District 5: $10,097.80
City Council District 7: $8,838.80
City Council District 9: $8,358.20

CAUTION: Participating candidates shall not have, within one year prior to the declaration of intent to seek public financing, raised or expended any monies in excess of the pre- and post- Exploratory Period contribution limits with the intent or effect of campaigning for elected office.

QUALIFYING CONTRIBUTIONS

Public financed candidates are required to solicit $5.00 qualifying donations, with the donations made to the city and not to the candidate and those donations can only come from registered city voters. Qualifying public financed candidates for Mayor and City Council are given a single lump sum of money from the city they can use to run their initial campaign and if they make it into a runoff election, they are given a significantly reduced lump sum amount in public financing for the runoff election.

Candidates must receive Qualifying Contributions from 1% of the registered voters in the city or district the candidate wishes to represent. For the 2021 Municipal elections, following are the required number of qualifying $5.00 donations that must be collected:

Mayor: 3,779

City Council District 1: 411
City Council District 3: 315
City Council District 5: 505
City Council District 7: 442
City Council District 9: 418

QUALIFYING PERIOD TO COLLECT $5 DONATIONS

A very short time period is given to collect the $5.00 qualifying donations.

Candidates for Mayor can collect the $5.00 donations only from April 17 to June 19, 2021, approximately 8 weeks to collect the 3,779 donations.

Candidates for City Council can collect the $5.00 donations only from May 31 to July 5, 2021, or approximately 4 weeks. Note the varying number of $5.00 donations for each council district.

PUBLIC FINANCE AMOUNTS AND SPENDING LIMIT

Once candidates for Mayor and City Council collect the minimum number of qualifying $5.00 donations, the city advances to the candidates in one lump sum public financing. In exchange for the public financing, the candidates must sign and agree to spend no more than what they are given for the campaign. Following are the amounts that will be advanced to qualifying candidates:

Mayor: $661,309.25

City Council District 1: $41,027.00
City Council District 3: $40,000.00
City Council District 5: $50,489.00
City Council District 7: $44,194.00
City Council District 9: $41,791.00

IN-KIND CONTRIBUTIONS ALLOWED

Candidates who have qualified for public financing are allowed to collect but must claim “in-kind” contributions, which are contributions of goods or services and not cash contributions. In kind contributions for public finance candidates have the following caps for individual in-kind and aggregate in-kind contributions :

Mayor: $6,250.40 individual, $132,261.85 aggregated

City Council District 1: $1,499.68 individual, $4,102.70 aggregated
City Council District 3: $1,499.68 individual, $4,000.00 aggregated
City Council District 5: $1,499.68 individual, $5,048.90 aggregated
City Council District 7: $1,499.68 individual, $4,419.40 aggregated
City Council District 9: $1,499.68 individual, $4,179.10 aggregated

PRIVATELY FINANCED CANDIDATES HAVE NO FUNDRAISING OR SPENDING LIMITATIONS BUT CONTRIBUTION LIMITATIONS

Unlike publicly financed candidates, who may only spend the funds given to them by by the City, privately financed candidates have no fundraising or spending limits. Privately financed candidates can raise and are free to accept campaign contributions from whatever legal source they want including contributions from individuals, businesses and corporations within the city, county, state or out of state and there is no city voter registration required.

Privately financed candidates can spend whatever amount they want on a campaign. Public finance candidates can only accept the $5.00 qualifying donations from registered city voters and agree in writing to spend only what the city gives them.

There are, however, limits on individual contributions privately financed candidates can accept from donors. Specifically, Article XIII, Section 4(e) limits the total contributions from any one person, with the only exception being the candidates themselves, and the private contribution cannot exceed 5% of the salary of the elected official at the time of filing the Declaration of Candidacy.

The individual aggregate amounts that can be collected by privately financed candidates from donors for the 2021 Mayor and individual city council races are as follows:

Mayor: $6,250.40

City Council District 1: $1,499.68
City Council District 3: $1,499.68
City Council District 5: $1,499.68
City Council District 7: $1,499.68
City Council District 9: $1,499.68

MEASURE FINANCE COMMITTEES

Public financed candidates are required to solicit $5.00 qualifying donations to the city and those donations can only come from registered city voters. All public finance campaigns and public finance candidates are required to agree to a spending cap in writing and are prohibited from soliciting and asking for any other donations. Public finance candidates are said to be at a distinct disadvantage to privately financed candidates when it comes to what can be raised and spent. That is not at all the case with the involvement of measured finance committees.

Under the City of Albuquerque’s campaign finance laws, a Measure Finance Committee is a political action committee (PAC), person or group that supports or opposes a candidate or ballot measure within the City of Albuquerque. Measure Finance Committees are required to register with the City Clerk within five (5) days once they have raised or spent more than $250 towards their purpose.

All Measure Finance Committees must register with the Albuquerque City Clerk, regardless of the group’s registration as a political action committee (PAC) with another governmental entity, county, state or federal. Measure finance committees must also file financial statements at the same time the candidates running for office report.

Measure finance committees are not bound by the individual contribution limits and business bans like candidates. However, a Measure Finance Committee that receives aggregate contributions more than 30% of the Mayor’s salary from one individual or entity, must incorporate the donor’s name into the name of the committee. No Measure Finance Committee is supposed to coordinate their activities with the individual candidates running for office, but this is a very gray area as to what constitutes coordination of activities and it is difficult to enforce.

KELLER’S CAMPAIGN MOBILIZATION

City hall confidential sources are reporting that Mayor Tim Keller has been aggressively organizing his 2021 campaign for the last 6 months. Keller has sought early endorsements from City Councilors who will be on the ballot with him and other elected officials as well. He is also asking for help in collecting the necessary nominating petition signatures and the necessary $5.00 donations to qualify for $661,309.25 in public finance presumably he goes that route. The amount of public finance has doubled from 4 years ago thanks to the changes in the public finance laws made by the City Council last year. Keller will also be relying on his city volunteer group of upwards of 3,000 that resembles more of a fan club that he organized soon after getting elected 3 years ago.

On August 8, 2018, it was reported that Keller hired his longtime political consultant and 2017 Mayor campaign consultant Alan Packman to work for the City in the Department of Innovation and Technology (IT). The IT Department oversees the 311 citizens call center. As of August 27, 2020, Mr. Packman is paid $80,329 a year. Mr. Packman reports directly to Keller. The 311-call center is the “eyes and ears” of city government working directly with the general public. It’s likely Packman has been working on Keller’s campaign for reelection in the off hours ( wink, wink) at least that is what is mandated by personnel rules and regulations. Only Keller and Packman really know for certain what projects Packman works on and what events Packman attends with Keller.

KELLER’S $1.3 MILLION DOLLAR CAMPAIGN FOR MAYOR WILL REPEAT ITSELF

Keller will likely qualify for the $661,309.25 in public finance as he did 4 years ago by collecting 3,779 qualifying $5 donations made to the city by registered voters. There is little doubt amongst political city hall observers the Mayor Tim Keller will once again count on measured finance committees to raise him millions more as he did 4 years ago.

During the 2017 race for Mayor, Keller was the only candidate out of 8 candidates that was able to secure public financing. In 2017, Keller was given $342,952 by the City in public finance in exchange for agreeing not to spend or raise and spend anymore. Keller made a big deal out of going the public finance road to run for Mayor saying he was opposed to dark money and collecting large donations for campaigns thereby being indebted to donors. Keller even went so far as to brag that by accepting public finance he was “walking the talk.”

The truth was, Keller’s public finance campaign was seriously underwritten by at least 3 “measured finance committees” that raised thousands of dollars to promote Keller for Mayor.

“ABQ Forward Together” was the progressive measured finance committee that was formed specifically to raise money to promote progressive Tim Keller for Mayor. The measured finance committee chairperson was a former campaign manager of Tim Keller’s when he successfully ran for State Senate. “ABQ Forward Together” raised over $663,000 for Keller’s 2017 bid for Mayor. The amount included cash donations or in-kind donations from the Working Families Party, Ole and the Center for Civic Action.

During the 2017 Mayor’s race, Keller received significant support in one form or another from the progressive organizations of OLÉ of New Mexico, the New Mexico Working Families Party, and Progress Now New Mexico. All 3 organizations or their membership in one form or another became very involved with the 2017 Albuquerque Mayor’s race.

When it was all said and done, a total of $1,358,254 was actually spent on Tim Keller’s 2017 successful campaign for Mayor. According to City Campaign finance reports, Keller was given $506,254 public finance money, $663,000 was raised by the measured finance committee ABQ Forward for Keller, $67,000 was spent by ABQFIREPAC on Keller’s behalf and $122,000 was spent ABQ Working Families for Keller for a total of $1,358,254.

https://www.petedinelli.com/2018/01/02/2018-year-to-reform-city-public-campaign-finance-laws-revised-article/

A HIDEOUS THREAT TO MUNICIPAL ELECTION

The fact that measure finance committees are not bound by the individual contribution limits and business bans like candidates is what makes them a major threat to warping and influencing our municipal elections and the outcome. Any Measure Finance Committee can raise and spend unlimited amounts of money and can produce negative ads to destroy any candidate’s reputation and candidacy.

The influence of big money in elections allowed by the US Supreme Court decision Citizens United is destroying our democracy. Political campaign fundraising and big money influence are warping our election process. Money spent becomes equated with the final vote.

Money drives the message, affects voter turnout and ultimately the outcome. It is disingenuous for any public finance candidate to secure taxpayer money first to run their campaigns, agree in writing to a spending cap, and then have their political operatives or supporters solicit or create a measure finance committee to help them get elected and spend massive amounts of money to give them an unfair advantage in the first election and then the runoff.

Voters need to follow the money and demand to know where the outside money known as “dark money” is coming from for any Measure Finance Committee and find out exactly who is trying to influence the election for the candidates. Voters need to beware of the candidates and their political consultants who are seeking help from measured finance committees to be fully informed as to who they are indebted to once they have been elected.

FINAL COMMENT

The city is facing any number of problems that are bringing it to its knees. Those problems include the corona virus pandemic, business closures, high unemployment rates, exceptionally high violent crime and murders rates, continuing mismanagement of the Albuquerque Police Department, failed implementation of the Department of Justice reforms after a full 6 years and millions spent, declining revenues and gross receipts tax, high unemployment rates, persistent and increasing homeless numbers, a lack of mental health and counseling programs and very little economic development, just to mention a few.

The city can go no longer afford to elect a Mayor and City Council based upon promises and nothing but eternal hope for better times and for a better future. What is needed are elected officials that actually know what they are doing and will make the hard decisions without their eye on the next election or to placate their base. It is hoped that there will be more than just one candidate opposing all incumbents. What is needed is a healthy debate on solutions and new ideas to solve our mutual problems. Such a debate can only happen with contested elections. Let’s hope candidates who truly care about the city will run for Mayor and City Council with far more than just one or two running for each office.

Related links are here:

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

The link to the 2021 Candidate Guide is here:

https://www.cabq.gov/clerk/documents/office-of-the-city-clerk-2021-candidate-guide-12-30-20-3.pdf

The link to Public Finance General Information is here:

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates/publicly-financed-candidates-general-information

The link to Election Matching Funds information is here:

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates/election-matching-funds