March 16, 2012

Skandera/Martinez
Push to Eliminate
Parental Rights
A heated political battle over
third-grade retention
A heated political battle over
parents rights ended when the
clock struck noon on the last
day of the legislative session
with no education-reform bill
passed to address reading
profciency in public elemen-
tary schools.
Public Education Secretary-
designate Hanna Skandera at
hearing on an education bill
Governor Susana Martinez
and her followers in the leg-
islature failed to compromise
with reform-minded legislators,
sticking steadfast to the belief
that the state should have the
fnal say on third graders be-
ing held back. And so they got
nothing.
Rep. Mimi Stewart flibustered
the governors bill as the ses-
sion closed.
continued on page 8
New Mexicos Spyglass A deeper look at whats really behind the story
Issue No.2 A Free Publication Of Independent Source PAC March 16, 2012
Susana Martinez
Perfects Pay to Play
Contributions to Susana
Martinez May Violate the
Letter and Spirit of the Law
If it smells like pay to play and
looks like pay to play, it prob-
ably is pay to play--and its
possibly illegal.
We are referring to endlessly
controversial contributions
Martinez PED Vetoes:
A power-play to eliminate
legislative oversight
Well put more reading coach-
es in elementary schools,
said Gov. Susana Martinez in
her State of the State address.
What she did not say is that if
theres anything in the states
budget requiring reading
coaches in elementary schools,
she was going to veto it.
continued on page 12 to Susana Martinez and her
Susana PAC from Downs at
Albuquerque majority owners
William Windham and John
Turner.
After receiving the money, Mar-
tinez awarded them a 25-year,
billion dollar-plus contract.
New information shows that
this deal not only stinks, but
might very well be illegal.
continued on page 5
Martinez veto message favors wealthy out-of-staters
What do you call a governor who purposely works against the peoples
will to ensure foreign corporations pay less taxes in this state than local
New Mexico businesses? Oligarch? Sellout?
Gov. Susana Martinez vetoed a bill, supported state-wide, that would
have lowered taxes while also closing a tax loophole for nation-wide big-
box retailers. - Page 9.
It wasnt just mom and pop she burned. With a few strokes of her pen,
Gov. Martinez took away badly needed funds from job training, drug
treatment, adult literacy programs, senior care, HIV prevention, minority
children, food banks and - in lockstep with GOP lawmakers nation-wide -
womens health. - Page 10 .
SPYGLASS INDEX ON PAGE 3
Rio Grande Foundation:
skirting New Mexico law?
Is the conservative Rio
Grande Foundation acting as
a front for an out of state for-
proft education management-
company in violation of New
Mexico law?
By law, for-proft companies
cannot manage charter schools
in our state. Its pretty cut and
dry, the governing body
shall not contract with a for-
proht entity for the manage-
ment of the charter school."
(NMSA 1978 22-8B-4R).
continued on page 11
New Mexico Spyglass - 1
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
2 - New Mexico Spyglass
her name, that she had the governor`s support to fnd the fund-
ing from another source. Only silence.
But that wasnt punishment enough for Martinez. Williams Sta-
pleton did not back down. She was and remains an outspoken
opponent of Martinezs third-grade retention bill that would have
adversely impacted New Mexicos Black, Hispanic and Native
American students.
So Martinez enlisted Larry Barker and KRQE in a smear cam-
paign against Williams Stapleton, steering him toward some of
her more pliable frst-year supporters in the legislature.
Independent Source Pac exposed the falsehoods of Barkers
bogus attacks and those of the morally bankrupt Republicans
Martinez had Barker use to smear Williams Stapleton. Indepen-
dent Source Pac sent a very loud and clear message to those
willing to do Martinezs dirty work. We showed their true charac-
ter for New Mexicans to see. Far from being shining beacons of
light, they were revealed as hypocrites with no principles.
This is but one example of Martinezs vindictiveness. Martinez
and her surrogates have also attacked a Supreme Court judge
who struck down her illegal conduct. She fred union leaders
who spoke out against her anti-working family agenda. And she
decimated the flm industry-one of our best job creators.
Martinez is not a leader for New Mexicans. She is vindictive and
concerned only with advancing her agenda for higher political offce.
Governor Susana Martinez has instituted a new way to govern
New Mexico. Vindictiveness has replaced leadership as the
primary strategy for running state government.
Lets look at how the Governors vindictive governance affected
a vulnerable community.
Barely in offce 100 days, Martinez was more than willing to
punish the entire Black community to get back at one legisla-
tor, Sheryl Williams Stapleton. Why? Simply because Williams
Stapleton, the highest ranking Black legislator in New Mexico,
did the right thing and opposed Martinezs agenda of enrich-
ing out-of-state corporations using New Mexicos scarce public
education dollars.
As reported by Independent Source PAC in a series of articles
on our website, Martinez gutted the entire funding for the African
American Performing Arts Center just because Sheryl Williams
Stapleton stood up for New Mexicos children. Martinez initially
approved the funding, but after Williams Stapleton opposed
Martinez`s education agenda, she line-item vetoed all $379,000
in funding for the Center last year, and again this year.
Martinez snuck her veto through without comment. She did not
voice support for the Center or its service to the Black commu-
nity. She did not acknowledge the hardship to the Center her cut
would present. She did not tell Williams Stapleton, who was so
instrumental in getting the Center up and running that it carries
Spyglass Editorial
Susana Martinez Knows Only One Way: Her Way
A note from our editorial department
Readers of this publication should know that ISPAC at-
tempted, repeatedly, to engage state-government offcials
on the issues we cover. Disappointingly - though not surpris-
ingly - the most powerful public employees in New Mexico
have ignored our requests for interviews, choosing to hide
rather than debate their critics. Other publications have been
much more friendly to the Martinez administration, and so are
granted access.
Larry Behrens, the spokesman for the Public Education De-
partment, responded to an ISPAC report explicitly detailing
public-private conficts of interest, job rigging, and money-
motivated policy adoption by saying Its unfortunate that
this type of question comes up from someone known as Bill
Richarsons private investigator.
This is a politically game-planned response that ignores
specifc allegations - backed by documentation - that the
administrations reforms are motivated by money and politics.
Behrenss answer is no answer at all.
Last month we tried again. This is part of an email sent from
ISPAC to Behrens:
Hi Larry,
Can I schedule an interview with Hanna Skandera? Id like to discuss her
philosophy on education policy - what works and what doesnt, grander-
scale - and why she believes her initiatives are effective.
Im not gonna stop asking or trying to get a deeper understanding of the
people we report on. I take writing and reporting very seriously, and politics dont
interest me nearly so much as policy and whats best for the kids in New Mexico.
Public offcials should be able to debate their detractors. I hope youll
really consider my request.

A request was also sent to Scott Darnell, the governors
spokesman:
Hi Mr. Darnell,
Im writing to request an interview with Gov. Susana Martinez. The group I
write and report for - Independent Source PAC - has been critical of Gov.
Martinez and her policies, but its very important to me that we make an
attempt to engage the governor and debate decisions weve criticized.
Public offcials should be able and willing to debate their detractors, I feel,
and Im not nearly so interested in politics as I am in policy and whats
best for the people of New Mexico.
Thank you for the consideration.
All requests have been ignored. Transparency and account-
ability are buzzwords with this administration, not principles.
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
New Mexico Spyglass - 3
tween Buster and his daugh-
ter-in-law, Andrea.
Buster Goff,was originally
against the Downs contract
before he was in favor of it. He
changed his mind after he was
given the unique opportunity to
alter the contract, when other
commissioners were told they
could not.
Goffs favorable vote was
the tie-breaker that ensured
the Downs was awarded the
contract. Did Laguna Develop-
ment, the otherbidder, know
about Andrea Goff?
As a fundraiser, Andrea Goff
was most likely paid a percent-
age of the money she raised.
Based on payments made
to her by Susana PAC, her
income added signifcantly to
the Goff family income.
If Buster Goff had not voted in
favor of the Downs contract,
might that have cost her the
lucrative work with Susana
PAC? Republicans Tom Tinnin
and Charlotte Rode can attest
that Martinez does not hesitate
to punish those who do not do
her bidding.
There are other questionable
contributions to Susana PAC
by the Downs at Albuquerque
majority owners William Wind-
ham and John Turner.
continued on page 9
tember 2011, Andrea Goff was
paid $29,132.47 from April to
September.
5/5/11 $ 6,033.96
6/2/11 $ 7,002.47
7/7/11 $ 5,410.52
8/2/11 $ 7,304.50
9/6/11 $ 3,381.02
The state`s confict of inter-
est campaign disclosure law
specifcally includes daughter-
in-law as a familial relationship
that must be disclosed.
There does not appear to be
any formal public disclosure of
the familial relationship be-
has the odor of a slush fund,
similar to ABQPAC that beneft-
ted former Albuquerque Mayor
Marty Chavez, in violation of
the Citys ethics code.
Andrea Goff, Susana PACs
main fundraiser, also happens
to be the daughter-in-law and
business partner of State Fair
Commissioner, Kenneth Bust-
er Goff.
She raised tons of money for
Susana PAC months before
Martinez appointed Buster
Goff to the State Fair Commis-
sion.
According to Susana PACs
Report of Expenditures and
Contributions through Sep-
Susana PAC: The
Pink Slime in New
Mexico Deal Making
Gov. Susana Martinez must
have been heartened to learn
this week that the U.S. Depart-
ment of Agriculture is buying
seven million pounds of beef
containing pink slime, to
serve as meat in Americas
school lunches.
Pink slime, banned in some
countries, is mostly connective
tissue but can be passed off as
meat. Its an unlisted, but key,
ingredient.
Martinezs political action
committee embraces a similar
ideal. Susana PAC is the main
ingredient in some important
governmental deal making,
even if we dont know it.
Martinez and her colleagues
have openly touted the Downs
deal as transparent and be-
yond reproach, but New Mexi-
cans who actually believe that
are eating pink slime.
The infuence of Susana PAC,
Martinezs political operation,
in the Downs billion-dollar plus
contract award isnt being tout-
ed by the administration, but it
cannot be denied. Susana PAC
is operated by Jay McCleskey,
Martinezs political adviser, and
Paid for by Independent Source PAC and not
authorized by any party, candidate or candi-
dates committee.
To view investigative videos & any documents
referred to in this publication, go to www.inde-
pendentsourcepac.org.
You can also download two extensive investiga-
tive reports by ISPAC entitled Hanna Skandera
and Her Mismanagement of NMPED, and
The Dirty Downs Deal, at the same site.
INDEX
FBI investigating Downs deal . . . . . . . . . . . . . . . . . . page 4
Education reform, or fraud . . . . . . . . . . . . . . . . . . . . page 7
PED ignored minorities. . . . . . . . . . . . . . . . . . . . . . . page 8
Charter school land grab . . . . . . . . . . . . . . . . . . . . page 10
Legislature coverage: Government Jobs. . . . . . . . page 13
Legislature coverage: Ds Versus Rs . . . . . . . . . . page 14
Legislature coverage: Abortion . . . . . . . . . . . . . . . page 15
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
4 - New Mexico Spyglass
According to Traci Wolf, vice presi-
dent of the Downs at Albuquerque,
he has been hired as a consultant
to assist us with preparing our re-
quest for proposal. Whites em-
ployment and role in the RFP is not
exactly a secret.
Yet, two of the evaluators gave mon-
ey to Darren Whites failed congres-
sional bid. Gara contributed $1,500
and Hennessey gave $250. See the
FEC reports on ISPASs web page.
Clearly, these two are not indepen-
dent evaluators. But, this should
come as no surprise.
After all, Martinez used Darren White
in her campaign commercials.
Independent Source PAC (ISPAC)
continues to investigate this mat-
ter despite transparenct roadblocks
placed in the way by the Martinez
political machine. Please check our
website: independent sourcepac.org
for newly posted information and our
investigative videos.
Laguna Development Corp. also
happens to be Native American
owned and operated.
Something is rotten in New Mexico.
That something is the Martinez
Administration and what stinks goes
way beyond the fact that Martinezs
campaign received $70,000 in con-
tributions from the winning bidder.
Pay-to-Play was how Martinez,
during her campaign, described simi-
lar conduct when talking about her
predecessors administration.
Susana Martinez appointed three
people to evaluate the RFP, Garrett
Hennessey, Charles Chuck Gara
and John A. Garcia. The evaluators
are supposed to be totally neutral and
without confict of interest in deter-
mining who should be granted the
winning bid.
However, Charles D. Brunt reported
in an Albuquerque Journal article
on August 12, 2011, the Downs at
Albuquerque hired Darren White to
assist the racino in putting together
a proposal to continue operating the
racetrack and casino at Expo New
Mexico for the next 25 years.
Last November Independent Source
PAC (ISPAC) uncovered an undis-
closed confict of interest involving
two of the RFP evaluators, appointed
by Susana Martinez, that recom-
mended the Downs at Albuquerque
for a 25-year contract over Laguna
Development Corp. ISPAC has called
for canceling the contract, in addition
to a request that the U.S. Attorneys
offce open an investigation of the
BILLION DOLLAR Downs Deal.
The matter has been forwarded to
the Federal Bureau of Investigation
in Albuquerque.
Government contracts are typically
awarded to the entity that offers the
best return to the taxpayers. How-
ever, in the case of the awarding of
a 25-year lease for the construction
of a casino at New Mexico Fair-
grounds, the RFP evaluators for the
contract recommended the least
favorable bid for the taxpayers. The
winning bidder proposed to pay the
state a minimum of $1,000,000 per
year LESS in lease payments than
Laguna Development Corp., the los-
ing bidder. Yet, the Downs at Albu-
querque still won.
Chronology Of ISPAC
Downs Deal Request
For Federal
Investigation
November 22, 2011
Independent Source PAC
requests an investigation by
the US Attorney into possible
pay to play and bid rigging
by Martinez Administration in
the awarding of the Racino
Contract. ISPAC has also
made an IPRA request to look
deeper into the contract award.
December 6, 2011
ISPAC receives letter from the
US Attorney for New Mexico
stating the request for investi-
gation of the Racino contract
has been forwarded to the
Federal Bureau of Investigation
for appropriate action.
ISPAC has also received a
response to our IPRA request.
December 15, 2011
Independent Source PAC
faxed a letter to the Special
Agent in Charge of the Albu-
querque Division of the FBI.
ISPAC submitted this letter
to provide information that it
developed during its ongoing
investigation into the Mar-
tinez Administrations han-
dling of the contract process.
January 24, 2012
ISPAC sends copy of its inves-
tigative report: The Racino
Contract & The Martinez Admin-
istration: A Sole-Source Con-
tract Concealed Behind an RFP
to the FBI offce in Albuquerque.
March 7, 2012
Independent Source PAC faxed
another letter to Special Agent
in charge of the Albuquerque
division of the FBI providing
additional information. This in-
formation involves payment by
Governor Martinezs Susana
PAC to the daughter-in-law of
the Governors State Fair Com-
mission appointee, Buster Goff;
among other items.
Governor Martinezs Billion Dollar Downs Deal Unveiled
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
New Mexico Spyglass - 5
If so, the contract would have
to be terminated. In 2006,
Senator Dede Feldman au-
thored SB 0344, which was
signed into law by then Gover-
nor Bill Richardson. The law
states:
"No campaign contribution
or other thing of value shall
be given by a prospective
contractor or a family mem-
ber or representative of the
prospective contractor to an
applicable public ofhcial or
the applicable public ofh-
cial's employees during the
pendency of the procure-
ment process or during the
pendency of negotiations
for a sole source or small
purchase contract."
The key phrase here is pen-
dency of the procurement pro-
cess or during the pendency of
negotiations for a sole source
or small purchase contract.
The pendency of the procure-
ment process starts with the
public posting of the RFP.
In an email dated June 30,
2011 ISPAC obtained through
an IPRA request, Dan Mourn-
ing, the Deputy Manager of
Expo New Mexico wrote the
following to Ryan Cangiolosi,
Martinezs Deputy Chief of
Staff:
"The RFP is set with a post-
ing on July 5th, but to do
this we have to post in the
paper Sunday paper (sic)
which has a deadline of
12:00 noon today."
As ISPAC previously reported,
on 7/7/11 SunRay Gaming
of New Mexico contributed
$5,000 to Susana PAC, just
two days after the scheduled
posting date for the RFP. Un-
der SB0344, this contribution
would be illegal if it came after
the posting of the RFP.
Windham and Turner are, in
their own words, currently
members and the co-Man-
agers of SunRay Gaming
of New Mexico, LLC which
owns and operates SunRay
Park and Casino located in
Farmington, New Mexico".
Coincidentally, the Martinez
Administration delayed the
posting of the RFP until after
this contribution. As was also
previously reported, Wind-
ham and Turner may not have
disclosed this contribution as
required by law, in their re-
sponse to the RFP.
But delaying the posting may
not have been enough to keep
things within the law.
ISPAC has reported that
the New Mexico State Fair
Commission was set to vote
on a contract between the
Downs and the State Fair
on 12/28/2010. Instead, the
commission ruled to leave a
decision on a new lease for
the Downs of Albuquerque
Racetrack and Casino to the
administration of Gov-Elect
Susana Martinez.
Leaving the decision to Mar-
tinez meant that the lease,
which was a sole source
contract, was still pending.
Two days later, on 12/30/2010,
Windham and Turner gave
Martinez $5,000 through their
company, Brazos Land and
Cattle.
Martinez hired Dan Mourn-
ing as the Interim Director of
the State Fair/Expo NM on
2/28/11. Mourning then began
negotiating a one-year exten-
sion (sole source contract) for
the Downs at Albuquerque.
Mourning appears to have
used part of the agreements
previously negotiated by his
predecessor at Expo NM.
On 5/6/11, Windham and
Turner gave another $5,000
through Brazos Land & Cattle
to Susana PAC.
On 6/1/11, Dan Mourning
signed a one-year lease
extension (sole-source con-
tract) stating that the exten-
sion, continues a revenue
stream that we are in des-
perate need of to stay ahoat
out here, until we can hgure
out what will be the long-
term future of, not just the
Downs."
On 6/14/11, Martinez an-
nounced that she would put
the lease extension on the call
of the special legislative ses-
sion in order to get approval of
the lease. Despite her state-
ment, Martinez did not put the
lease extension on her procla-
mation for the special session.
On 6/17/11, Mark Shoesmith,
an attorney for the Depart-
ment of Cultural Affairs that
oversees Expo NM, emailed
Ryan Cangiolosi that he had a
draft prepared of the RFP for
the State Fair. Shoesmith of-
fered to print out the entire
RFP with appendices" and
to bring them to Cangiolosis
offce. Cangiolosi replied,
"thank you Mark".
On 7/7/11, Windham and
Turner gave Susana PAC the
$5000 contribution through
Sunray Gaming.
On 7/24/11, Mourning issued
the RFP though this left the
lease extension still pending.
According to an ABQ Journal
article by Charles Brunt en-
titled State Fair Seeks Bids
for Downs, Blanchard and
his two Louisiana partners
are seeking a third one-year
lease extension on the origi-
nal 25-year lease."
On 9/16/11, Susana Martinez
attended the Junior Livestock
Sale at the State Fair along
with William Windham. Wind-
ham and Martinez sat together
at the main table and Wind-
ham bid on several animals.
This event occurred after
Windham had already submit-
ted his response to the RFP
and before the selection com-
mittee, personally chosen by
Martinez, chose the Downs as
the winner of the RFP.
Its one thing for a politician
to socialize with a contributor.
But it is another thing when
that contributor stands to
beneft from her decision on a
pending RFP process.
Susana Martinez
Perfects Pay to Play
continued from page 1
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
6 - New Mexico Spyglass
The Fox is No Longer Guarding
the Hen House. Or is She?
(Editor's Note: go to independentsourcepac.org for previous reports
by ISPAC on Patty Matthew's conhicts of interest.)
The fox is no longer guarding the hen house. The New Mexico
Public Education Department said Patty Matthews resigned as
director of Options for Parents after less than six months in the
position. The resignation came immediately after this years leg-
islative session adjourned with-
out confrming PED Secretary
Designate Hanna Skandera.
Had Skandera faced a hearing
at the New Mexico Senate, it
was very likely Matthews role
overseeing charter schools
she also counts as clients
would have been brought up.
Hiring Matthews was entirely
wrong from the start. Infu-
enced by cronyism, conficting
interests, and ethical miscon-
duct, her actions during her
brief time with the administra-
tion crossed many lines.
As Director of Options for Par-
ents, Matthews was in a key
position to assist Skandera in
enacting the Florida Model of
education reform-the national Republican strategy to siphon
off public education funds and divert them to favored compa-
nies. Her prime task was to convert public schools into online or
virtual charter schools.
There is a ton of money to be made in virtual schools, with no
bricks, no mortar, no janitors, no school nurses, and only one
teacher - working from another state - per hundreds of stu-
dents, charging taxpayers the same per-student rate as tradi-
tional schools for the privilege of sitting at a computer.
Matthews helped to bring K12, Inc., a multi-million dollar cor-
poration and the nations largest provider of distance learning,
to New Mexico. K12, Inc. has been trying to fnd a way around
New Mexico laws that kept them out for years. After the com-
pany gave a $5,000 contribution to Susana Martinez, Matthews
was brought on to help pave the way.
Incidentally, K12, Inc. is currently a defendant in a fraud lawsuit,
accused of intentionally misleading shareholders by concealing
serious problems in their actual performance.
Shortly before hiring Matthews, Skandera interceded on behalf
of three charter schools represented by Matthews and her law
partner, Susan Fox. These schools had been notifed by the
Public Education Commission (PEC), after long and careful
reviews, that their charters would not be renewed due to poor
academic performance, failing to meet their charter obligations,
and other valid reasons.
At Matthews` request, Skandera used her infuence to ensure
that these poor performing schools remain open and continue
under-serving their students. In doing so, Skandera chose to
apply a different standard to these failing charter schools than
to traditional schools.
According to Skandera, using standardized tests to rate charter
school performance is arbitrary and capricious, though they
work just fne for rating tradi-
tional schools as failures so
that they can be converted into
charters.
Next, Skandera gave Mat-
thews a sole-source contract
to determine which employees
of the Charter School Division
should be fred. The frst one
on the chopping block was
Sam Obenshain, Head of the
Charter School Division.
Obenshain, in performance
of his job, had conducted the
long and careful reviews of
the three foundering charter
schools
(Matthews clients) and then
recommended to the PEC
that they not be renewed.
Once rid of Obenshain, Matthews and Skandera were left with
a vacant position to fll. They chose.Patty Matthews!... who
represents every charter school in New Mexico in their deal-
ings with NMPED. She was put in charge of regulating her
own clients.
Skandera gave Matthews the title, Director of the new Options
for Parents division of NMPED, in charge of charter schools
and virtual schools. Options for Parents is a confusing name
in an administration so keen on eliminating parents rights to
make important decisions about their childs education.
After moving into her new position, Matthews referred a char-
ter school seeking legal advice to her law partner. This alone
should have cost her, but then she interceded on behalf of a
client, represented by her law partner, who had missed a dead-
line to apply for federal funds.
These blatant conficts of interest were discovered and publi-
cized by ISPAC.
There has been talk that Patty Matthews helped Governor
Martinez select and recruit Hanna Skandera to come to New
Mexico as Education Secretary. Her name may not appear on
the selection committee identifed by Martinez, but if true, then
Skandera owes her job, in part, to Matthews.
Patty Matthews Sighting
Former PED Options For Parents Director, Patty Matthews and Kelly
Callahan (Matthews replacement) seen leaving the Rio Chama
Steakhouse after their lunch meeting during which it is believed they
discussed the future of PEDs Charter Schools Division. Secretary-
designate, Hanna Skandera was also seen there in conversation with
Callahan and Matthews.
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
New Mexico Spyglass - 7
For Skandera and Martinez
who ultimately are responsible
for "failing schools"-removing
kids with disabilities from public
schools is one way to make their
own records look better, while
deceptively diverting public mon-
ies to their political and business
friends private agenda.
Paul Moore, a public high
school teacher in Florida, said
that is exactly what Skan-
deras old boss has done in
Florida: Its an absolute policy
in this state now to move at-
risk kids to charter or private
schools
It also doesnt hurt that these
scholarships are another way
to get the taxpayers to foot the
bill for private school tuition.
Over time the defnition of a
disability in Florida has broad-
ened to such an extent that
allergies and asthma now are
treated under the scholarship
program as being a disability.
Thus, even kids with no aca-
demic issues get to go to pri-
vate school without having to
pay tuition.
Now thats gaming the system.
taxpayer dollars thanks to their
gaming the system.
Stoughton found that the Bush
Administration turned a blind
eye to that fraud because this
program was the governors
baby, and he had a lot of politi-
cal capital invested in this.
There have been efforts over the
years to introduce these types of
scholarships in New Mexico.
Because of New Mexicos gift
ban, which prohibits giving
public funds to private entities,
this kind of funding program
may be harder to initiate here,
especially since there was no
gaming of the system found by
the special education audits.
However, it is a centerpiece of
the Florida Model, so we can
expect some effort by Martinez
and Skandera to try. Espe-
cially because of their over-
reliance on standardized test
scores to determine if a public
school is failing.
Kids with disabilities still have
to take those same standard-
ized tests regardless of the
level of disability. It doesnt
take a rocket scientist to fgure
out that kids with signifcant
disabilities will not perform as
well on standardized tests.
he now is seeking to install na-
tionwide through his company
FEE-more formally known
as-- Foundation for Excellence
in Education.
The interesting thing about the
Jeb Bush privatization reform
is that fraud seems to be part
of the Florida approach to
special education.
In Florida, Jeb Bush pushed
through a program called the
John M. McKay Scholarships
for Students with Disabilities
Program.
Using taxpayer money, the
program provided scholarships
to students with both physi-
cal and learning disabilities so
that they could attend private
schools at taxpayer expense.
According to a June 2011
Miami New Times article that
detailed the widespread fraud,
there are 1,013 private schools
collecting McKay vouchers
from 22,198 children at an av-
erage of $7,144 per year.
That is a lot of public money
($148.6 million last year alone)
being redirected away from
public school districts.
According to Seth Stoughton,
a former investigator with the
Florida Department of Educa-
tion, assigned to investigate
fraud in the McKay program,
allegations of fraud were sub-
stantiated against 25 schools
that received $49.3 million
The Florida Education
Model: A Gateway to
Fraud and Deception?
Skandera: Gaming the system.
This audit is designed to clear
those who turn in honest data
and put the spotlight on those
who dont.- Hanna Skandera,
April 14, 2011.
Last year, Martinez Administra-
tion Public Education Secretary
Designate Hanna Skandera
launched a highly publicized
attack against New Mexico
public school districts, alleging
that some districts were gam-
ing the system" by infating the
number of students in special
education in order to receive
additional funding.
In the end, much like GOP
Secretary of State Diana
Duran and GOP Governor
Susana Martinezs claim of
widespread illegal immigrant
drivers license and voter
fraud, there was no gaming
the system found.
So why the highly publicized
and accusatory campaign over
the special education audit?
And why did they fnd it neces-
sary to make it so public, with
attacks on the school districts?
One possible explanation
is that you cannot reform
something unless the public
believes it is truly broken. And
why not use this sleight of
hand as cover for the Martinez
Administrations own gaming
of the system?
Skandera and Martinez have
been pushing hard to adopt the
Florida Model of education
reform championed by Skan-
deras former boss, Jeb Bush.
While governor of Florida,
Bush introduced a series of
privatization reforms, which
Matt Montao, Director of Educator Quality and Secretary desig-
nate Hanna Skandera attending Legislative Committee regarding
teacher evaluations legislation similar to Florida model.
Jeb Bush
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
8 - New Mexico Spyglass
negative impacts on the rest of
their lives.
Its a sad day when one small
amendment on this bill would
have brought unanimous approv-
al, said Stewart as the session
ticked to a close on its 30th day.
Stewart and other democrats
said they liked numerous poli-
cies in the reform bill, especial-
ly where it addressed identify-
ing and targeting with special
instruction those students who
are struggling to read.
But the Martinez factions re-
fused keeping parental rights
intact.
Sponsor Mary Helen Garcia
did include a weak amend-
ment which would allow par-
ents to petition the state on
whether their student could be
held back, but it was a disin-
genuous option. Parents could
petition only if their child met
stringent stipulations, includ-
ing an unreasonable 95-per-
cent attendance record.
Lawmakers on the other side
of the debate noted that stu-
dents who get sick, or have
a death in the family, or take
a vacation would likely fnd
themselves at the mercy of
the Public Education Depart-
ment because they hadnt
attended enough school to
petition for advancement to
the next grade level.
Education Secretary-Desig-
nate Hanna Skandera had
long said there should be no
compromise on third-grade
retention.
An in her State of the State
speech that opened the session,
Gov. Martinez made her political
intentions clear when she called
it morally wrong to move a stu-
dent from third to fourth grade if
that student doesn`t test prof-
cient in reading.
Stewart battled the effort
throughout the session. She
Parental Rights
continued from page 1
Stewart had long espoused
the need to drop automatic
third-grade retention from the
Martinez-backed reform bill,
citing numerous studies which
have shown that holding back
third graders who cant read has
and click on this story in the
Article Index.)
But apparently to administra-
tors who Skandera brought
in from other states, thats
wrong!
How do we know this?
ISPAC has obtained a copy of
an email from Karina Vander-
bilt to Lenti exploring ways
to do just that. In the email,
Vanderbilt, a Teach for Amer-
ica Policy Fellow working for
PED, recounted to Lenti what
she had learned from PEDs
General Counsel about requir-
ing the use of English by those
seeking alternate demonstra-
tion of competency.
Vanderbilt wrote to Lenti, We
cannot require the majority of
the portfolio to be in English
due to the rule which allows
submission in Spanish or
Native Languages. Darn. We
could say that submissions
demonstrating competency in
Reading must be in English.
Perhaps we could phrase it
along the lines of certain sub-
missions demonstrating com-
petency in Reading standards
must be submitted in English.
The email makes it clear that
Lenti was looking for ways
around our laws to turn New
Mexico into an English only
state.
But, can we expect anything
less from Skandera and
her out-of-state advisers?
Did PED Seek to Push
an English-Only Agenda?
Martinez Administration PED
Secretary Designate Hanna
Skandera brought in a team
of out of state administrators
to New Mexico. Are they now
trying to force English only
on New Mexicos most at-risk
students?
Leighann Lenti, Skanderas
Director of Policy, was brought
in by Skandera from Washing-
ton, DC. Lenti is a Republican
education policy (corporatiz-
ing) advocate and lobbyist for
Wireless Generation, owned
by Rupert Murdoch.
Wireless Generation is cur-
rently under contract with PED
to provide technology and
curriculum services for K-3
education.
New Mexico is a multicultural
and multilingual state. It has
had a long tradition of support-
ing bilingual and multicultural
programs dating back to 1911.
But New Mexicans already
know that.
State law allows New Mexicos
most at-risk students to earn
their high school diplomas
through a process called alter-
nate demonstration of compe-
tency in English, Spanish or in
a Native American language.
This route to a diploma was
designed to help those stu-
dents who have had trouble
demonstrating academic
readiness for career and col-
lege through standardized
tests. Most importantly, its the
law that these at-risk students
be able to demonstrate com-
petency in English, Spanish or
Native American languages.
(For references to the NM
law and emails referred to
in this article please go to
independentsourcepac.org
noted on the House foor that
researched evidence dem-
onstrates retention doesnt
improve achievement. A stu-
dent whos retained has better
chance of dropping out.
Other lawmakers represent-
ing rural, native communities
in New Mexico (long exclud-
ed from the process of draft-
ing education-reform legisla-
tion) spoke out against the
governors bill as well.
Mandatory retention goes
against the principal of the
belief of native people, that
a community makes a child
whole, said Rep. Ray Be-
gaye of San Juan. It will
make the child think hes a
failure.
Begaye also noted the dis-
crepancy between the PEDs
intended reforms and the
Indian Education Act, which
ensures parent participa-
tion in decisions that effect a
childs education.
A coalition of lawmakers
including Sen. Linda Lopez
and Rep. Rick Miera had
tried to get their own bill
through the legislature, which
would have required teams to
address the needs of children
who test poorly in reading
before the third grade. Those
teams would have included
the parents, a teacher, an ad-
ministrator, and other stake
holders. Retention under this
bill would have been more
of a last resort than a state
requirement.
I dont believe in those
kinds of high-stakes tests for
8-year-olds, Miera said.
That bill also differed from
the governors proposal by
seeking to intervene for stu-
dents who weren`t profcient
in math, as well as english.
It failed to pass both houses
as well.
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
New Mexico Spyglass - 9
Foreign corpora-
tions matter more to
Martinez than locally
owned businesses.
The governor sent a powerful
message about her priorities
this week when she vetoed
Senate Bill 9: Foreign corpo-
rations matter more to state
government than locally owned
businesses.
She said it have raised taxes
for those businesses (operating
in multiple states), said Steven
Mayes of MoveOn.org, but the
only way it would have raised
them is if they werent paying
their taxes in the frst place."
SB9, sponsored by Sen. Peter
Wirth, would have required
large retailers like Best Buy
and Walmart, which operate
in other states as well as New
Mexico, to fled the same tax
returns as local businesses. It
Susana PACs Pink Slime
continued from page 3
According to the Downs at Al-
buquerques written response
to the RFP, William Windham
and John Turner are currently
members and the co-Manag-
ers of SunRay Gaming of New
Mexico, LLC which owns and
operates SunRay Park and
Casino located in Farmington,
New Mexico.
On 7/7/11, SunRay Gaming of
New Mexico gave Susana Pac
$5,000. The timing of this is of
interest, considering that the
RFP was issued on 7/24/11-
two weeks later. (Note that
documents received by ISPAC
as part of an IPRA request did
not contain any campaign con-
tribution disclosure information
pertaining to this contribution).
On 5/6/11, Windham and
Turner, through Brazos Land &
Cattle gave another $5,000 to
Susana PAC. That contribution
also had interesting timing.
Just a few weeks after receiv-
ing that contribution, Marti-
nez announced that she was
putting the Downs one-year
extension with the State Fair
onto the call for the special
legislative session.
There is also Jay McCles-
keys relationship with Charles
Chuck Gara to consider.
Gara was the evaluator ap-
pointed by Martinez who gave
the Downs at Albuquerque
a perfect score in manage-
rial expertise, despite the
well-documented history of
problems. As ISPAC previ-
ously reported, Gara had hired
McCleskey to run his pro-
business political action com-
mittee in Albuquerque. During
that time, Gara was accused
by members of the Albuquer-
que City Council of joining the
Planned Growth Strategy Task
Force for the purpose of rig-
ging its outcome to beneft his
committee.
sought to close a loophole in
the states tax code allowing
those companies (with stores
over 30,000 square feet) to
send proft to another state
without a corporate income
tax, like Delaware, and declare
the money there.
Wirth frst introduced the bill
eight years ago and has long
argued it helps local business-
es by making sure their larger
competitors pay the same
taxes they do.
Martinez had long said she
would veto the bill if it cleared
both houses at the legislative
session, but a coalition includ-
ing MoveOn, the CWA and
other labor groups had rallied
hundreds of supporters to con-
tact the governor`s offce and
ask her to sign the bill rather
than vetoing it.
On its website, the Commu-
nication Workers of America
Local 7076 wrote "New Mexico
is the last Western state that
allows big-box companies
to use this loophole to avoid
taxes and shift the tax bur-
den onto the backs of Main
Street businesses. Thousands
of calls were directed to the
Governors offce from her own
citizens requesting her to sign
this fair tax legislation. She
has shown her true cards with
this veto folks. She is not for
small business. She is not for
the struggling businesses and
families in New Mexico.
The bill would have lowered
the corporate tax rate in New
Mexico from 7.6 to 7.5 per-
cent, so not only did it level the
playing feld for small busi-
nesses, it also cut everyones
taxes.
Martinez defended her veto in
a press release, calling SB9
misguided and arbitrary.
Increasing taxes on grocery
stores, clothing retailers and
home improvement stores,
while choosing to cut taxes for
a different sent of corporations
- such as large banks, casi-
nos, payday loan companies,
or any other large corporation
that pays corporate income
tax - is not only misguided and
arbitrary tax policy, but its also
not the way to foster economic
growth in New Mexico, the
statement says.
Wirths bill, as initially written,
would have covered all out-of-
state corporations, including
banks, but was watered down in
committee during the session to
affect only multi-state retail stores.
Shes operating under the
Republican mantra of no new
taxes, said Mayes. She got
backed into a corner with a bill
that actually lowered taxes but
including all those businesses,
500 of them, by closing the
loophole. She sided with out-
of-state companies - the one
percent - over New Mexico
businesses.
The Martinez Administration
claims to have no documents
or written communications
pertaining to how Martinez
selected Gara as an evaluator
for the racino bids. Is is pos-
sible that all of the communi-
cation was between Gara and
Susana PAC, not the Gover-
nor`s offce?
And why was Agnes Maldo-
nado paid $3000 by Susana
PAC on 5/26/11for "profes-
sional services while she was
an employee of ExpoNM?
Maldonado testifed to the
State Fair Commissioners on
July 29, 2011 that she had
"been reviewing the fnancials"
of the State Fair since May
2011. Did Susana PAC pay
her for that work and did the
information fnd its way over
to the Downs through Su-
sana PAC? Maldonado has
since become the Director of
Administration for ExpoNM.
Members of CWA and MoveOn.org hand deliver a patition with thousands of
signatures supporting SB9 to the Governors offce. FGrom left, Martinezs Director
of Constituent Services Henry Varela, CWAs Miles Conway, CWA 7076 President
Donald Alire, ProgressNows Patrick Davis, NM State Federation of Labor Presi-
dent John Hendry, MoveOn.orgs Steve Mayes and Andrew Gold.
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
10 - New Mexico Spyglass
The Legislative Finance Committee report noted that charter
schools seldom obtain lists of comparable properties and their
lease prices, so the charter schools can be at risk of overpaying
for space.
According to real estate company looking to negotiate a lease
with Saylor on behalf of El Camino, the property was worth only
about $700,000 in annual lease. It should be noted, though,
that many charter schools
offset their own lease costs
through the Public School
Capital Outlay Committee,
which awards funds for lease
assistance. In FY 2010, 98%
of lease reimbursements were
issued to charter schools at a
total cost to taxpayers of $8.3
million. It is not known to what
extent the El Camino Real
lease payments were reim-
bursed.
Saylor testifed in late 2010
before the Public Education
Committee.
I think the Charter Act origi-
nally was set up and just tied
the charters hands behind
their back from day one. Theyre not allowed to sign a lease for
more than a year; theyre not allowed to borrow any money to
create facilities or improve facilities; and because of the anti-
donation clause, they cant use any public funding to improve
their facilities if theyre privately owned.
In other words, it seems unfair to Mr. Saylor that the New Mex-
ico constitution prevents the state from paying him to fx up his
privately owned property at taxpayer expense.
ISPAC is currently reviewing emails obtained through an IPRA
request from the New Mexico Public Education Department as
to whether the Director of Options for Parents, Patricia Mat-
thews and her law partner Susana Fox, are seeking the ability
to make an end run about the New Mexico Constitution and the
Charter School Act, SB 466, to see how to fund improvements.
The Charter School Land Grab
Independent Source PAC is currently investigating the hidden
world of Charter School leases.
According to a Report to the Legislative Finance Committee
entitled, Program Evaluation of New Mexico Charter Schools
dated July 23, 2010, the cost of
some Charter School leases,
decrease the ability to spend
resources on instruction.
Charter schools often rent pri-
vately owned buildings to use
for their school, and according
to the Legislative Finance Com-
mittee report, there has been
a growth of private, specialty
charter school developers that
have large amounts of capital
on hand to aid in start-up costs.
In New Mexico, Rick Saylor oc-
cupies the role of charter school
developer. Saylor developed
and owns four charter school
properties, which he leases to
different charter schools.
In 2010, perhaps recognizing
that her "education reform" platform included signifcantly in-
creasing the number of charter schools in New Mexico, Saylor
contributed $6,175 to Susana Martinez`s gubernatorial cam-
paign.
A New Mexico Legislative Finance Committee report singled
out the high lease costs of one of Mr. Saylors charter school
properties stating, El Camino Real reported spending over $1
million on lease costs for buildings, with about $600 thousand
funded out of operational fund. These costs accounted for about
14 percent of all spending from operational funds.
According to an Albuquerque Journal report from 2010, the
$1 million annual lease was nearly twice what two other large
charter schools pay the same landlord in other parts of town.
Photo of El Camino Real Charter School in Albuquerque
Gov. Susana Martinez burned local
businesses with her veto of Senate Bill
9, but she saved some wrath for the
budget as well. Page 39 of the budget
bill featured two of her several line-
item vetoes:
She slashed $150,000 for adult liter-
acy programs and $100,000 for youth
education programs in Santa Fe.
Other veto victims:
$75,000 for the Mainstreet program,
which, according to its website, has had a
hand in creating 140 new businesses by
provid(ing) resources, education, train-
ing and technical services that stimulate
the economic vitality of each participating
community while celebrating local heri-
tage and culture.
$100,000 for the African American Per-
forming Arts Center.
$80,000 for a Gallup food bank.
$100,000 for substance abuse treatment
programs in Rio Arriba County.
$50,000 for a women`s health ser-
vice program in Santa Fe County.
So Martinez appears to have joined
in the GOPs nation-wide power play
against womens health.
Other victims of her veto pen include
home-delivered meals, tourism pro-
motion, HIV prevention and aging
and long-term services for seniors in
Valencia County.
Womens Health and the Poor are Among Martinezs Veto Victims
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
New Mexico Spyglass - 11
And that is a good thing. As
ISPAC previously reported,
an investigative series by
the Miami Herald on Florida
charter schools found that for-
proft management compa-
nies receive as much as 70%
of a charter schools entire
operating budget. The money
that pays these for-proft com-
panies is siphoned away from
local public school budgets.
Money that might otherwise
be used to pay teacher sala-
ries, books and other supplies.
But, recent actions of Paul
Gessing, the president of
the Rio Grande Founda-
tion, raise serious red fags.
Among the concerns, wheth-
er the Rio Grande Founda-
tion is serving as a front for a
for-proft management com-
pany so they can operate
charter schools here in New
Mexico despite being prohib-
ited to do so.
Gessing recently submitted
notices of intent to start four
virtual charter schools un-
der the banner of New Mexi-
co Connections Academy.
A non-publicly operated char-
ter school needs to have a
non-proft entity designated
as management. Enter the
Rio Grande Foundation. The
New Mexico Connections
Academy even uses the
same P.O. Box as the Rio
Grande Foundation.
Gessing is listed as the appli-
cant on behalf of the charter
schools and describes his
experience to operate a
charter school as "President/
Parent/Advocate for Choice
in Education. Not much
experience in the area of
school administration.
Doug Turner, a Rio Grande
Foundation board member,
one time Republican guberna-
torial candidate and advertis-
ing executive, also happens
to be the board President of
the New Mexico Coalition for
Charter Schools.
Rio Grande Foundations role
in the application process
cannot be denied. But, who is
really going to run the school
since Gessing, Turner and the
other board members have no
relevant experience?
New Mexico Connections Acad-
emy has plans to engage
Connections Academy of
New Mexico, LLC an operat-
ing afhliate of Connections
Education LLC.for curricu-
lum, technology, and other
services under the terms of
the professional services
agreement (also known as a
management contract)."
Connections Education LLC
is the second largest for-proft
manager of virtual charter
schools in the country second
only to K12inc. Connections
is in turn owned by Pearson
Education. An English com-
pany that is one of the larg-
est for-proft providers in the
country of educational materi-
als, technologies and assess-
ments.
In 2011, Pearson`s North
American Education Division
made $4.03 billion in revenue
with a net proft of $771 million
dollars.
On the notice of intent, Gess-
ing listed two advisors. One
is a lobbyist working for Pear-
son Education and the other a
lobbyist working for Connec-
tions Education.
There is little doubt that New
Mexico Connections Academy
will be run by a for-proft man-
agement company an appar-
ent violation of state law.
Has Rio Grande Foundation
received money from Connec-
tions Education/Connections
Academy to assist the for-proft
companys gaining access to
the New Mexico market? Only
they know.
Rio Grande Foundation con-
ceals its sources of funding.
Though Rio Grande Founda-
tion has in the past received
funding from the shadowy
privatization groups the Cato
Institute and the State Policy
Network, two sponsors of
the American Legislative
Exchange Council (ALEC)
that is behind a push to hand
private companies our tax
dollars.
Connections Education is
a privately held company
that doesnt disclose how it
spends its money either. But,
based upon actions by the
non-proft foundation Pear-
son operates, Rio Grande
Foundation could be getting
funding from Connections
or Pearson for giving them a
toehold in the state.
Pearsons foundation is cur-
rently under investigation by
the New York State Attorney
General`s offce for allega-
tions of infuence pedaling and
bribery.
Connections has been in the
front lines of moving taxpayer
dollars out of neighborhood
schools and into the hands
of private companies. Mickey
Revenaugh, the vice president
and co-founder of Connections
Academy was the co-chair
of the ALEC Education Task
Force. Back in June 2004,
Revenaugh co-wrote along with
offcers from K12inc, ALEC`s
model virtual school bill.
Legislation that is backed by
Governor Susana Martinez
and her Public Education
Secretary Designate Hanna
Skandera.
Connections operates a myri-
ad of virtual charter schools
where the students do not at-
tend neighborhood school, but
rather take classes by com-
puter from their homes. And
that leads to the next possible
violation of state law.
According to New Mexico law,
a charter school shall be
nonsectarian, nonreligious
and non-home based public
school." (NMSA 1978 22-8B-
4J)
As part of its sales pitch, Con-
nections offers to provide the
technology necessary for ele-
mentary school kids to work from
home. That money is pennies
relative to the proft they make.
Not unlike the way bootleggers
took over distribution of liquor
during prohibition. Connec-
tions makes money by ensur-
ing that any school they oper-
ate also pays for its curriculum
and testing materials.
But how effective is this vir-
tual home schooling?
Connections Academy op-
erates Texas Connections
Academy, which is described
as "a for-proft company that
contracts with the Houston
Independent School District to
run the cyber-academy.
Texas Connections Academy
students performed 20%
BELOW the state average on
standardized tests. In addition
to being illegal in New Mexico,
there is little evidence that
kids do any better in a virtual
home school setting.
The National Education Policy
Center at the University of
Colorado just released a
major study on full-time virtual
academies. The study labeled
these programs a conver-
gence of home schooling,
charter schools and online
content providers."
The study found that there is
no reliable data that shows
that these full-time virtual
academies produce better
results than neighborhood
schools. They do however,
siphon off valuable resources
from local public schools.
These for-proft management
companies are turning our kids
into guinea pigs with unproven
education approaches for the
purpose of making a lot of
money.
continued from page 1
Rio Grande Foundation: Skirting New Mexico Law?
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
12 - New Mexico Spyglass
Removing oversight is actually a prominent theme in these edu-
cation vetoes. Martinez has killed a requirement that the PED
report to the Legislative Education Study Committee and the
Legislative Finance Committee on the effectiveness of technical
assistance services by local education cooperatives, before PED
is allowed to make an allocation. Without the LESC and LFC
watching over them, these technical jobs are more likely to be
manned by out-of-state consultants, paid for with a blank check
backed by taxpayer dollars.
The PED also, thanks to an-
other Martinez veto, does not
have to report to the LESC and
LFC on its student-teacher ac-
countability reporting system.
What would be the harm of
letting elected representatives
monitor such an important
system? And why did Martinez
also veto a line preventing dis-
closure of a students personal
information without written con-
sent by a parent or guardian?
The superintendents council
in New Mexico also fnds itself
cut out of the loop on early
readership initiative funding.
While district superintendents
would seem to be major stakeholders in how early-readership
dollars are spent, the PED can go on its own after Martinez
vetoed a line requiring their insight. PED, again, is enabled to
spend its money without oversight from key offcials.
The move to take away parents rights, by mandating reten-
tion of third graders who don`t test profcient in reading, is also
bolstered by Martinezs vetoes. The governor axed a line from
the budget which requires taxpayer money for a program which
extends the school year for K-3 students with literacy issues be
used only for that program. Sources say the program has been
effective in combatting illiteracy, and would undercut the PEDs
desperately political effort to impose mandatory third-grade
retention.
continued from page 1
Martinez PED Vetoes: A power-play to
eliminate legislative oversight
Martinez has said she used her veto power in the states bud-
get to ensure public funds were being spent responsibly. But
she has also, a little sneakily, vetoed oversight in education that
will enable the ongoing priva-
tization effort in PED and in
public schools.
Check out page 163 of the
states budget, where the
words for reading and in-
structional coaches have
been nixed from the line The
general fund appropriation to
the public education depart-
ment for intervention in D and
F schools is contingent on the
department using the funds for
reading coaches or instruction-
al coaches in D and F schools
as identifed by the A-B-C-D-F
Schools Rating Act.
Why take away the mandate
that funds go specifcally to
reading coaches? This section
of the budget - education - is riddled with vetoes to undo checks
and balances for ensuring the New Mexico Public Education
Department act in the best interests of elementary-age kids.
Its curious, also, that an outspoken champion of getting dollars
directly into classrooms would veto this line: The general fund
appropriation to the public education department for the pre-
kindergarten program and the kindergarten-three-plus program
shall be used only for direct instruction, transportation and ap-
proved administrative costs.
As ISPAC has reported before, the PED under Martinez has
put money meant for New Mexicos schools into nation-wide
organizations like Teach for America. Removing oversight on
where public dollars can be spent will likely beneft TFA and
similar organizations over New Mexicos instructors.
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
New Mexico Spyglass - 13
Lewis represents Rio Rancho and is a history teacher at Cibola
High School, which is public. Hes also a small-government
conservative. He does not see a contradiction there.
Theres a difference between government jobs: Theres good
ones we need, that do great things, and theres others we
dont, he said.
When Gov. Martinez said Government doesnt create jobs,
Lewis believes most of the state understood she was not talking
about teachers or fre fghters or garbage men or nuclear scien-
tists.
So, I asked him, what jobs is she talking about? Lets eliminate
public safety and education and every other job we believe is
necessary. Whats left?
"As far as specifc jobs, there`s layers and layers of bureau-
cracy," he said. "Any job that needs oversight.. In my opinion,
those are the jobs and the companies with people in a mindset
where government is the answer to everything.
What specifc jobs was he talking about, though? I asked where
these jobs were, what departments or even buildings, so I can
go fnd them and ask why they should still have work when their
paychecks are crushing our economy.
Find those areas of government where theres layers of bu-
reaucracy, he said to me, while I scribbled his words and
wrinkled my brow.
I have done this before. I really have. Everyone at the Public
Education Department or the Department of Tourism or the
Public Regulations Commission thinks his or her job serves
some necessary function. Big-picture, it makes sense. As far as
individual jobs, though? Not to that employee.
Lewis said the government of New Mexico has grown by 50 per-
cent in recent years, a higher rate than the population. I thought
growth meant more people were getting jobs - that government
growth means more people employed by government.
Again: More people employed.
Government jobs, Lewis said, dont add dollars into economic
productivity, or bring down our national debt.
The national debt again.
I want to fund education, Lewis said, but not by taxing people
who are producers. Im not for punishing peoples success.
Neither am I. But isnt there a difference between rich and poor
people when it comes to putting money into the economy? Isnt
someone who`s wealthy going to save his extra funds, while fre
fghters or garbage men are going to spend their much smaller
paychecks on rent and food and clothes?
I dont get to ask that question. Lewis has to get back to the
House foor. He leaves me with this: "The best role the govern-
ment can play is get out of private citizens ways.
Not on trash day. see more of Phils Corner on pages 14-15
Jobs. Good Jobs, Bad Jobs?
Rich Men the rest of us
Theres been a thorn stuck in the folds of my cerebrum since
Gov. Susana Martinez gave the State of the State speech my
frst day covering the legislative session. Martinez said "I`ve long
said government doesn`t create jobs. It doesn`t - small busi-
nesses do.
We hear this so often in the larger political dialogue, and I fnd
it maddeningly confusing. Wasnt Martinez a badass district
attorney before she became governor, and arent the salaries
of DAs in this country paid for with taxes? Now shes governor,
surrounded by a staff of state employees. Those arent all gov-
ernment jobs?
Aren`t my parents - a public-school math teacher and a na-
tional-laboratory computer scientist - government employees?
Aren`t fre fghters and cops and garbage men and road work-
ers? And isnt that a good thing?
Yes, but where does the money that pays them come from?
Rep. Dennis Kintigh, of Roswell, said to me when I put those
questions to him. I picked Kintigh because he wants to com-
pletely end the state`s flm-credit program, so he must be hard-
core conservative.
You take it, he said (of the money). The government compels
people to give it that money. It means they have less money
to spend on shoes for kids, food for their families, new cars.
Right. But taxes pay for services we need.
Oh, yeah, Kintigh said. You have to have them. Thats a fact,
but its also a fact that we need to minimize the amount of
taxes people pay.
OK, but I don`t think..
This is where something happened which I will admit I wasnt
quite ready for, even though I absolutely saw it coming. Kintigh
was getting bugged by his colleagues in the House to get back
on the foor. "One more minute," he told them.
Then he turned to me and pivoted our conversation toward the
federal defcit.
"You know how big our national defcit is?" he asked me. I`ve
heard so many different numbers on that one, I dont even both-
er trying to guess. Doesn`t Sean Hannity say it`s $17 trillion?
"About $1 trillion," Kintigh said.
How do we solve that? Tax the rich? Fair enough, he said.
Then he explained to me that even if we took 100 percent of the
earnings of people in the U.S. who make more than $10 million
annually, that total would come out to less than $200 billion.
And then he was gone, inviting me to fnd him later to continue
the conversation.
So I sought out Tim Lewis, another Republican in the House.
Phils Corner at the Legislature
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
14 - New Mexico Spyglass
can kill a bill by voting it down. Or they can chicken out and
table it, in which case its also dead.
This is the meat of a legislative session. Its the whole reason
all these big-shot men and women - warrior-like survivors of
an odious election process - have come together in Santa Fe
for 30 straight exhaust-
ing days.
To haggle over bills.
Bills to salve societys
wounds are introduced
by the dozens. They
swim against the cur-
rent, to live or die.
The chairperson (like a
capo on Sopranos) is
overseeing this Voters
and Elections meeting,
and asks if anyone in
the audience would like
to speak against the
proposed constitutional
amendment. This hap-
pens at every committee
meeting, for every bill.
Lots of hands go up.
Seven people who
identify themselves as
registered lobbyists for various health insurance companies
(United, Blue Cross Blue Shield.) stand and speak for about
one minute apiece.
".puts us on the road to socialized medicine" is one phrase
thats deployed, by a woman with short, asymetrical black hair,
whose huge suit collar has sparkling little spots all over it.
Also brandished about by The Seven Lobbyists is the term "fs-
cal impact.
Fiscal impact. Fiscal impact. Fiscal impact.
One guy, actually here to speak on another bill, raises his hand
when its time for supporters. Hes the only one. He says he
was diagnosed with Stage 3 Hodgekins Lymphoma some years
ago and if not for social medicine, I would not be here.
Dr. James has to speak when the audience of mostly lobby-
ists is done. Quite loudly, he points out that the leading cause
of bankruptsies in the country is health care costs, for people
who already have health insurance. (When this hearing is over,
Dr. James will actually fabergast one of the lobbyists by fash-
ing her a huge smile on his way out of the room. She will act
incredulous.)
And thats besides the point, because the amendment is not
for a new system of single-payer healthcare, Dr. James says.
Wafting in utter essence of politics.
Im sitting through a meeting of the House Voters and Elections
Committee. Im also wafting in utter essence of politics.
We think we elect people, but the legislators at the Roundhouse
during this 30-day leg-
islative session are not,
actually, people. They
are letters. They are ei-
ther D, or they are R.
There are seven Demo-
crats and six Republi-
cans on this committee.
They will vote on two
issues over the next
one-and-a-half hours :
health care, and mini-
mum wage. The votes
will run straight down
party lines. 7-6, 7-6.
Nate Gentry, a Republi-
can from Albuquerque,
makes the strongest
impression on me of
anyone here. What
does affordable mean?
he bullshits through a
smirk, exaggeratingly throwing his hands in the air, and saying
over and over "I don`t mean to be fip," even though he does.
What does accessible mean? Weak.
House Joint Resolution 23 seeks to amend the New Mexico
Constitution to include this: Health care is a fundamental right
that is an essential safeguard of human life and dignity. The
state shall ensure that every resident has the opportunity to
realize this right by establishing a comprehensive system of
quality health care that is accessible to each resident on an
equitable basis regardless of ability to pay.
Rep. Gail Chasey (D-Albuquerque) is sponsoring the resolu-
tion, and shes brought, as an expert, a med student from
UNM whose frst name is James (I was late to this hearing,
and trapped in my seat once I got there, so I never got his last
name). Dr. James is feisty, loud, and grasps this subject quite
well. He appears to have put a lot of work into drafting those two
sentences.
For a bill to become law, it must survive committee. Agriculture
and Water Resources, for example, is a committee. Or Appro-
priations and Finance." Or "Indian and Cultural Affairs." Etc..
(The one Im at, again, is House Voters and Elections.)
Committee is where lawmakers make their bones, voting Yes
or No based on all sorts of variables. Any of these committees
Mental Floss (1993) by Steven Hansen part of the capital collection at the Roundhouse
More Phils Corner at the Legislature
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
New Mexico Spyglass - 15
It`s "a moral step forward." It`s "a dynamic defnition to health
care which may change through time. It obligates the state to
progressive evaluation of how well New Mexicans are being
cared for, medically speaking.
The term watered down comes up a while later, after Gen-
try gets insufferably clever again. He begins to propose an
amendment (to the constitutional amendment, dammit) which
adds water and food before Health care.
Because promising health care as a right is the same as prom-
ising food and water (and nutrition, Gentry says in jest) as a
guaranteed right, Gentry says.
I dont get his point, and I kind of dont want to.
Gentry is showboating. Seriously. Halfway through suggesting
his revision, he says hes decided to withdraw his amend-
ment. Just wanted to start to suggest it to prove a point, appar-
ently. People in the room laugh.
Revisions are made by Democrats on the committee, in hopes
of recruiting Republican votes. The word affordable is insert-
ed. Theres an attempt at changing the word ensure to make
a reasonable effort.
The Declaration of Independence, Dr. James says, does not
say life, liberty and the pursuit of happiness that the state can
afford.
You should never immediately blame a politician who says
I was for it before I was against it. Good ideas get watered
down to nothing in committee, squished and shaped in an
effort to get Republicans or Democrats to vote against their
party, which does not happen.
So the whole big machine of lobbyists turns out to be meaning-
less, because everyone votes based purely on partisanship.
7 D`s, 6 R`s. The lobbyists have infuenced nothing. And yet
there they sit, in really nice clothes, satisfed by a job done.
Next up is another bill. It wants to raise the minimum wage for
the entire state, relative to infation based on some uniform cal-
culation. It would up the minimum wage next year from $7.50
and hour to $7.66.
All the same lobbyists who didnt like the health care amdend-
ment have stuck around to speak up against this minimum
wage increase.
It passes out of this committee 7-6, with everyone voting,
again, straight down party lines. The Republicans do not want
to increase the minimum wage to coincide with infation, argu-
ing it isnt paid for. The Democrats do.
7-6.
Switch one person here from ""D" to "R" - or the other way
around - and these bills amount to nothing. Laws about health
care, or what the poorest people in New Mexico earn to buy
anything, are at the mercy of these 11-person committees.
If I have a point here, and Im not sure I do, its this: These all
seem like nice people (except for Gentry), but they vote with
their party. Each and every one of them.
Hes here on a mission from God.
Rep. Alonzo Baldonado told me he is praying for my children I
havent had yet. Because a child growing up with a father who
doesn`t care for life.." He ended his sentence there, because
the rest should speak for itself.
Baldonado has introduced a bill at the legislature (House Bill 51)
which would require every minor who wants an abortion to write
a letter about it to her parents, delivered personally to the ad-
dressee by the physician or agent (who works for the physician).
Forty-eight hours after delivery, the procedure is legal.
Stories about the bill in local papers were missing something
crucial: comment from Baldonado.
So I set out after him myself. We talked for about 20 minutes
before he had to get back on the foor of the House, because,
he was told, Kiki needs you.
Baldonado is a young guy, 35ish, in his frst year representing
Valencia County. Hes friendly and easy to talk with, even when
hes judging me (My heart hurts for you, he said at one point).
He is not here for his understanding of economics and taxation,
he said. Hes here on a mission from God. To save babies.
And America: If you look at history, and look at nations that
have risen to the top, none of them exist anymore. All the em-
pires are gone. Then theres America. Ive got to sit back and
look and wonder how many years America has left, and wheth-
er it will end before we
know it. In my mind that day will come. We cant continue on
the way were going.
Society is on a bad path when it takes God out of the equa-
tion, he said (adding that Darwins fossil record is full of
holes). That path will get darker and steeper if we continue
killing the unborn.
I asked him why pro-lifers dont rally and decry civilian casual-
ties in war, and he said thats not a problem for him to solve.
I asked him whether theres a contradiction for Republicans,
whose ethos is limited government, telling American women
how they have to act when it comes to the most personal deci-
sion they may ever make.
On that one, he said I was only thinking about the woman. He
thinks about the child that woman is carrying, and the honor
and blessing of carrying a life. Allowing women to kill their un-
born babies, he said, is like seeing someone whos fallen and
hurting on the sidewalk and walking away without helping.
Except that its murder, plain and simple. He repeatedly men-
tioned his three daughters and said, a little ominously, if you
threatened one of my daughters, I wouldnt hesitate to take
you out. (As a quick aside: Ive never threatened anyones
daughter, and I look forward to passing from this Earth some
day many decades from now still able to say same.) Baldonado
thinks murdering a 2-year-old is the same as an abortion. I
pegged him down to make sure I understood that correctly.
How dare we think its OK to take the life of a child, he said. Then
he headed back to Kiki. I would not have put it that way, but Im
happy to have the conversation. Im happy Baldondado is, too.
New Mexicos Spyglass A deeper look at whats really behind the story
March 16, 2012
16 - New Mexico Spyglass
New Mexico Building and
Construction Trades Council
Reaches Historic Agreement
with City of Santa Fe
A fruitful relationship be-
gan this week when the
City of Santa Fe adopted
a community workforce
agreement that will en-
sure much of the money
for public projects stays
within the community.
The new CWA is with
the New Mexico Building
and Construction Trades
Council. From now on,
public works projects
worth more than $500,000 will be required to hire
local, represented workers.
The city can be assured of on-time, on-budget, safe,
consistent performance, said Ray Baca, executive
director for the Building and Construction Trades
Council, and the workers on the job can be assured
Independent Source PAC
11024 Montgomery Blvd. NE #128, Albuquerque, NM 87111
For documents referred to in this publication
go to www.independentsourcepac.org.
Paid for by Independent Source PAC and not authorized by any party, candidate or candidates committee. Michael Corwin, Treasurer
theyre represented, with proper compensation,
training and safety.
The CWA was approved in a unanimous vote by the
Santa Fe City Council.
Baca said workers who want to get on city jobs dont
have to be in a union already, they just have to be
willing to be represented by the council.
This is the frst such agree-
ment in the state of New
Mexico, Baca said. The
economic benefts include
continued employment op-
portunities for local workers,
who spend money theyre
paid by the City of Santa Fe
within the city of Santa Fe.
Whenever a contractor
gets a job, they have to hire
a certain amount of qualifed
workers from the Santa Fe area, Baca said. We
get that beneft, and the wages stay here."
Mayor David Coss and Councilor Dominguez con-
gratulated the Building Trades Council and the
Northern New Mexico Central Labor Council for their
never ending efforts to fght for working families.
Mayor David Coss signs historic Community
Workforce Agreement with City Councilor Carmichael
Dominguez and the New Mexico Building and
Construction Trades Council members looking on