Capital outlay transparency bill awaits governor’s signature

by Marjorie Childress, New Mexico In Depth | March 26, 2021
4 min read
Capital outlay word cloud Source: New Mexico in Depth

Editor’s Note: This story was originally published by New Mexico In Depth on March 18 under the headline “New Mexico Senate passes outlay transparency bill.” The article has been updated with NMID’s permission to reflect subsequent developments. On March 20 the New Mexico House concurred with the Senate’s amendments of House Bill 55. The bill is now on the governor’s desk.

The New Mexico Senate and House passed a measure last week that would enable New Mexicans for the first time to see how each lawmaker spends public infrastructure money under their control. 

Should Governor Michelle Lujan Grisham sign it into law, the measure would require legislative staff to automatically publish a list 30 days after the session ends that details how individual lawmakers spend millions of dollars in most years—a far cry from the secrecy that has surrounded such decision making at the Roundhouse for as long as people can remember. 

House Bill 55, sponsored by Representative Matthew McQueen (D-Galisteo) and a bipartisan group of lawmakers, sailed through the Senate after some debate, a much different outcome than in previous years. 

In 2015, New Mexico In Depth discovered that such information was a secret after filing a public information request for a list of individual lawmaker’s infrastructure spending allocations and finding out that information wasn’t subject to public scrutiny. That’s because of a long established statute that makes confidential any communication between individual lawmakers and legislative staff. That statute still stands, but now, if the measure becomes law, details about lawmakers’ individual spending choices will be exempt from the rule. 

During the February House floor debate on the bill, McQueen said it’s important to make the information readily available to everyone who’s interested.

Senator Jeff Steinborn (D-Las Cruces) said during Wednesday floor debate in the Senate that making the allocations public was long overdue and “fundamentally the right thing to do.” He listed three reasons: it’s public money that the public has the right to see; making it public prevents fraud; and transparency will result in money better spent. 

Since 2016, when the first bills were introduced by McQueen and former Senator Sander Rue (R-Albuquerque), the transparency measure has been hotly debated, with opposition largely hinging on the political costs to lawmakers if their spending decisions are known to the public. This concern has been voiced largely by rural lawmakers who represent multiple counties, who say they must juggle many more funding requests from their constituents than they can possibly fill. 

But a 2019 investigation by New Mexico In Depth found the issue wasn’t a cut-and-dried example of a so-called rural/urban divide. 

That year, we asked every lawmaker to give legislative staff permission to share their capital outlay allocations with the public. Just 15 lawmakers declined, allowing for the first time an almost complete picture of how individual lawmakers allocate money for brick-and mortar projects around the state. Also included were the governor’s allocations, which will also be public in the future should the bill become law. 

The 15 lawmakers who declined to provide their allocations were almost evenly split between multi-county lawmakers and single-county lawmakers, with the majority of the 15 representing urban constituents. That many rural lawmakers immediately made their spending public called into question the claim that greater transparency would hurt rural lawmakers the most. Some of the most passionate voices supporting the measure were rural lawmakers. Particularly notable was the House Republican caucus, whose lawmakers—many of them representing rural districts—proactively organized the release of their capital outlay.  In 2019, House Minority Leader Jim Townsend (R-Artesia) said: “It’s taxpayer money. I would not be able to defend why it should not be public. My goodness, it’s taxpayer money. I don’t know how else to say it.”

But during the Senate debate, a handful of rural lawmakers voiced concerns about the legislation, even though the bill passed without a dissenting vote. Lawmakers took pains to describe how they allocate funds through a regional decision-making process that Senator Gay Kernan (R-Hobbs) said was infused with a “collaborative spirit.” The trepidation expressed by the lawmakers, even those who said transparency was the right thing to do, stemmed from a fear that their capital outlay decisions would be wielded against them politically come election season. 

Rue, the former senator who championed the measure during his final years in the Senate, would often answer that concern by saying, regardless of politics, he ought to be able to answer to his constituents for how he spends their money. 

author
Kathleen Sloan is the Sun’s founder and chief reporter. She can be reached at kathleen.sloan@gmail.com or 575-297-4146.
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Understanding New Mexico's proposed new social studies standards for K-12 students

“The primary purpose of social studies is to help young people develop the ability to make informed and reasoned decisions for the public good as citizens of a culturally diverse, democratic society in an interdependent world.”
—National Council for the Social Studies 

Reader Michael L. Hayes of Las Cruces commented: What impresses me is that both the proposed standards and some of the criticisms of them are equally grotesque. I make this bold statement on the basis of my experience as a peripatetic high school and college English teacher for 45 years in many states with many students differing in race, religion, gender and socioeconomic background, and as a civic activist (PTA) in public education (My career, however, was as an independent consultant mainly in defense, energy and the environment.)

The proposed social studies standards are conceptually and instructionally flawed. For starters, a “performance standard” is not a standard at all; it is a task. Asking someone to explain something is not unlike asking someone to water the lawn. Nothing measures the performance, but without a measure, there is no standard. The teacher’s subjective judgment will be all that matters, and almost anything will count as satisfying a “performance standard,” even just trying. Students will be left to wonder “what is on the teacher’s mind?” or “have I sucked up enough.”

Four other quick criticisms of the performance standards. One, they are nearly unintelligible because they are written in jargon. PED’s use of jargon in a document intended for the public is worrisome. Bureaucrats often use jargon to confuse or conceal something uninformed, wrong or unworthy. As a result, most parents, some school board members and more than a few teachers do not understand them.

Two, the performance standards are so vague that they fail to define the education which teachers are supposed to teach, students are supposed to learn, and parents are supposed to understand. PED does not define words like “explain” or “describe” so that teachers can apply “standards” consistently and fairly. The standards do not indicate what teachers are supposed to know in order to teach or specify what students are supposed to learn. Supervisors cannot know whether teachers are teaching social studies well or poorly. The standards are so vague that the public, especially parents or guardians, cannot know the content of public education.

Three, many performance standards are simply unrealistic, especially at grade level. Under “Ethnic, Cultural and Identity Performance Standards”; then under “Diversity and Identity”; then under “Kindergarten,” one such standard is: “Identify how their family does things both the same as and different from how other people do things.” Do six-year-olds know how other people do things? Do they know whether these things are relevant to diversity and identity? Or another standard: “Describe their family history, culture, and past to current contributions of people in their main identity groups.” (A proficient writer would have hyphenated the compound adjective to avoid confusing the reader.) Do six-year-olds know so much about these things in relation to their “identity group”? Since teachers obviously do not teach them about these other people and have not taught them about these groups, why are these and similar items in the curriculum; or do teachers assign them to go home and collect this information?

Point four follows from “three”; some information relevant to some performance measures requires a disclosure of personal or family matters. The younger the students, the easier it is for teachers to invade their privacy and not only their privacy, but also the privacy of their parents or guardians, or neighbors, who may never be aware of these disclosures or not become aware of them until afterward. PED has no right to design a curriculum which requires teachers to ask students for information about themselves, parents or guardians, or neighbors, or puts teachers on the spot if the disclosures reveal criminal conduct. (Bill says Jeff’s father plays games in bed with his daughter. Lila says Angelo’s mother gives herself shots in the arm.) Since teacher-student communications have no legal protection to ensure privacy, those disclosures may become public accidentally or deliberately. The effect of these proposal standards is to turn New Mexico schools and teachers into investigative agents of the state and students into little informants or spies.

This PED proposal for social studies standards is a travesty of education despite its appeals to purportedly enlightened principles. It constitutes a clear and present danger to individual liberty and civil liberties. It should be repudiated; its development, investigated; its PED perpetrators, dismissed. No state curriculum should encourage or require the disclosure of private personal information.

I am equally outraged by the comments of some of T or C’s school board members: Christine LaFont and Julianne Stroup, two white Christian women, who belong to one of the larger minorities in America and assume white and Christian privileges. In different terms but for essentially the same reason, both oppose an education which includes lessons about historical events and trends, and social movements and developments, of other minorities. They object to the proposal for the new social studies standards because of its emphasis on individual and group identities not white or Christian. I am not going to reply with specific objections; they are too numerous and too pointed.

Ms. LaFont urges: “It’s better to address what’s similar with all Americans. It’s not good to differentiate.” Ms. Stroup adds: “Our country is not a racist country. We have to teach to respect each other. We have civil rights laws that protect everyone from discrimination. We need to teach civics, love and respect. We need to teach how to be color blind.”

Their desires for unity and homogeneity, and for mutual respect, are a contradiction and an impossibility. Aside from a shared citizenship, which implies acceptance of the Constitution, the rule of law and equality under the law, little else defines Americans. We are additionally defined by our race, religion, national origin, etc. So mutual respect requires individuals to respect others different from themselves. Disrespect desires blacks, Jews or Palestinians to assimilate or to suppress or conceal racial, religious or national origin aspects of their identity. The only people who want erasure of nonwhite, non-Christian, non-American origin aspects of identity are bigots. Ms. LaFont and Ms. Stroud want standards which, by stressing similarities and eliding differences, desire the erasure of such aspects. What they want will result in a social studies curriculum that enables white, Christian, native-born children to grow up to be bigots and all others to be their victims. This would be the academic equivalent of ethnic cleansing.

H.E.L.P.

This postmortem of a case involving a 75-year-old women who went missing from her home in Hillsboro last September sheds light on the bounds of law enforcement’s capacity to respond, especially in large rural jurisdictions such as Sierra County, and underscores the critical role the public, as well as concerned family and friends, can play in assisting a missing person’s search.

Reader Jane Debrott of Hillsboro commented: Thank you for your article on the tragic loss of Betsey. I am a resident of Hillsboro, a friend of Rick and Betsey, and a member of H.E.L.P. The thing that most distresses me now, is the emphasis on Rick’s mis-naming of the color of their car. I fear that this fact will cause Rick to feel that if he had only gotten the facts right, Betsey may have been rescued before it was too late. The incident was a series of unavoidable events, out of everyone’s control, and we will never know what place the correct color of her car may have had in the outcome. It breaks my heart to think that Rick has had one more thing added to his “what ifs” concerning this incident.

Diana Tittle responded: Dear Jane, the Sun undertook this investigation at the request of a Hillsboro resident concerned about the town’s inability to mount a prompt, coordinated response to the disappearance of a neighbor. From the beginning, I shared your concern about how our findings might affect Betsy’s family and friends. After I completed my research and began writing, I weighed each detail I eventually chose to include against my desire to cause no pain and the public’s right to know about the strengths and limitations of law enforcement’s response and the public’s need to know about how to be of meaningful assistance.

There was information I withheld about the state police investigation and the recovery. But I decided to include the issue of the car’s color because the individuals who spotted Betsy’s car emphasized how its color had been key to their identification of it as the vehicle described in Betsy’s Silver Alert. Because the misinformation was corrected within a couple of hours, I also included in this story the following editorial comment meant to put the error in perspective: “The fact that law enforcement throughout the state was on the lookout in the crucial early hours after Betsy’s disappearance for an elderly woman driving a “light blue” instead of a “silver” Accord would, in retrospect, likely not have changed the outcome of the search” [emphasis added].

I would also point to the story’s overarching conclusion about the inadvisability of assigning blame for what happened: “In this case, a perfect storm of unfortunate circumstances, many of them beyond human control, hindered the search that it would fall to Hamilton’s department to lead.”

It is my hope that any pain caused by my reporting will eventually be outweighed by its contribution to a better community understanding of what it will take in the future to mount a successful missing person’s search in rural Sierra County.


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