Political Commentary: Heath Haussamen

Gov. Richardson Isn’t Being Open, Accessible or Accountable

Richardson flip-flops on whether subpoenas are public and ignores requirement that he forward requests about laid-off political appointees to the appropriate agency

By Heath Haussamen, 12-24-09

Let me get this straight. First, earlier this year, the governor’s office released a subpoena it had received in a federal investigation. Then, three other agencies – the New Mexico Finance Authority, State Investment Council and Educational Retirement Board – refused to release similar subpoenas. But eventually, all three agencies reversed courses and followed the governor’s lead in releasing the subpoenas (The ERB first, then the NMFA, then SIC).

Now, the governor’s office is refusing to even tell the Albuquerque Journal if it has received any subpoenas in the ongoing investigation into the nationwide investment scandal that has taken hold in New Mexico, let alone release such subpoenas if they exist.

Is anyone else confused?

Here’s what the governor’s office told the Journal when the newspaper asked if the office had received such subpoenas and, if so, whether it would release them:

“Any responsive records the Governor’s Office may have received would be exempt from disclosure. Such documents would relate to a matter that is or will be before a federal grand jury. This office will not release records of this nature pursuant to the federal rules governing grand juries.”

Sounds a lot like some of the explanations given by the other agencies before they reversed courses and released the subpoenas.

That confusing flip-flopping comes on the heels of the governor’s office playing fast and loose with public records law over requests for information about the 59 political appointees being laid off next month. The governor’s office did not provide any such information in response to requests from me and others.

And, instead of forwarding our requests to the state agencies that are in possession of the relevant records, as required by the Inspection of Public Records Act, the governor’s office wrote that it considered the matter closed.

The State Personnel Office understands its legal duty, and when I made a request days ago to that office for information about the appointees, it forwarded my request to the Department of Finance and Administration. That’s apparently what the governor’s office should have done too.

The governor’s office knows that. Its response to our requests was a flagrant disregard of the law and the right of the public to public information.

Then this flip-flopping on whether subpoenas from federal grand juries are public records. The New Mexico Foundation for Open Government takes the position that the subpoenas are public. So do I. In fact, I sued NMFA earlier this year to try to force the release of its subpoenas.

With these recent actions, Gov. Bill Richardson and his office are flagrantly disregarding the Inspection of Public Records Act and should be ashamed. It’s nothing short of hypocritical that Richardson has talked about the importance of “open, accessible and accountable government” and then acted in this manner.

If there’s one hint of transparency in all of this, it’s that governor’s hypocrisy is exposed for anyone to see.

[End of article]
Comment By mark wilson, 12-24-09

i for one,believe that the governor in question,is as dirty as they come. a person whom has spent the time he has spent in his desired office,who was also called upon to serve by the president of our nation,back out from the the request,because of his background check.shows hes hidding a black trail. his abuse of power,and greed shows by the commitment to the average citizen. he will show his true colors in time to come. im from a small town in north n.m, and the courts continue to suck the life out of average american people,running most into the ground. with monitary fines. and when the system sucks the person down,they turn to the state,for more funding.there for they the state turns to the goverment,for more federal fundings. you show up on the steps of a county court house,on a monday morning,and see how many people are victimized by our so called right to defense.public def. what a joke of the word defence. you are paying there tuition. in which the state probably collects through your tax dollars already. there are so many people that are suffering in this this country already with the bilking of the goverment system,its a shame the honest governor listed above is still allowed in office,america wake up.cut the over cost of those whom only care for them selves.

Comment By milburnschmidt, 12-27-09

Its called a stall till he either dies of old age or his opponents do. A lot of folks dont realize our government is being taken over by cliques that go back and forth between both parties and are piggy banks. If there was nothing to hide it would be out there. This once golden boy is now shown to be a player like to many of our leaders because there is not enough sunshine on them. Does anybody really believe our congressmen and Senators or presidents go into office with meagre assets then retire wealthy.Do you really think they are that smart?

Comment By marqyhompson, 12-31-09

im from a miniscule townsfolk in north n.m, and the courts move to absorb the being out of figure earth group,travel most into the surface. with monitary fines. and when the system sucks the being hair,they release to the refer,for much finance.there for they the express turns to the goverment,for writer agent fundings. you show up on the steps of a county hotel concern,on a weekday period,and see how numerous grouping are victimized by our so called opportune. you are salaried there pedagogy. in which the verbalise probably collects through your tax dollars already.
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marq
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Comment By marqyhompson, 12-31-09

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