What to know about New Mexico’s special session this week - Danielle Prokop, Source New Mexico
The New Mexico Legislature is set to convene in the City Different later this week for a special session called by Gov. Michelle Lujan Grisham to address criminal competency, among other issues.
Special sessions called by the governor can last up to 30 days, but typically run only a few days to about a week long.
The New Mexico Constitution requires that special sessions are strictly limited to address what the governor lays out in a proclamation. The proclamation isn’t set for release until Thursday morning before the session’s noon start, according to members of the governor’s office.
Unlike regular 60-day or 30-day sessions, bills will not be available ahead of time. Instead, the legislation will be made public on the website as they are being read into the record on Thursday.
Special sessions also throw a wrench during election season. Under state law, legislators cannot accept campaign contributions during the session.
The lead-up to the session has been strained.
Lawmakers from both parties have been skeptical that there’s enough time and consensus to address the issues. Just last week, Lujan Grisham rejected the call by 41 advocacy groups to cancel the special session, even as one of the top priorities still has no sponsor.
But special sessions have often inflamed tensions at the Roundhouse, said former legislators and longtime observers.
“Special sessions are usually pretty controversial,” said Steve Terrell, a now retired Roundhouse reporter for the Santa Fe New Mexican. “These are so-called citizen legislators and their lives are interrupted by these sessions.”
The Senate has a history of adjourning early under previous governors, as recently as 2016 when addressing former Gov. Susana Martinez’s budget requests and the death penalty.
“Officially sine die-ing before the governor wants you to is pretty unusual, but it’s happened,” Terrell said.
Terrell pointed to times during former Gov. Bill Richardson’s tenure, where the chambers split at special sessions called in 2003 and 2008. The House – led by then-Speaker Ben Luján (D-Nambe) – went to work in the special sessions, but the Senate only met to adjourn.
Leonard Lee Rawson, a Republican state senator representing Las Cruces from 1993 to 2008, said there was a shared mood that the issues could wait until the regular session.
“In 2007, the governor called a special session, and the Senate wasn’t really interested in moving that direction,” Rawson said. “It was universal – nobody, nobody in the Senate wanted it – didn’t matter which party.”
Even as the rules required the Senate to convene every three days, “it didn’t mean the Senate had to do any work,” he said.
Rawson said the built-in tensions between the House and Senate and the executive and legislative branches can worsen, when special sessions are perceived to have poor planning.
“Has it really been enough time to bring together the legislature and the governor in terms of what the outcome needs to be or close to the outcome? If not, we’re just wasting people’s time, and expenses,” he said.
John Arthur Smith, a Democrat who represented Deming from 1989 to 2020, said special sessions worked best when there was consensus ahead of time on the goals.
“Where there wasn’t agreement, then it was chaos,” he said, speaking of Richardson special sessions.
He said his concerns about holding a special session in the middle of July raises concerns for costs during the Santa Fe’s tourism season. Special sessions cost tens of thousands of dollars, often ballparked around $50,000 every day.
Smith said without three-fifths agreement by the chambers to enact the laws right away, called an emergency clause, he said that the laws are then enacted 90 days after their passage.
“If you can’t get the emergency clause on, you might as well have just waited if you’re going to have it this late in the game,” Smith said.
More federal assistance heads to southern New Mexico for fire and flooding recovery - By Nash Jones, KUNM News
President Joe Biden on Friday amended the major disaster declaration for southern New Mexico in response to last month’s South Fork and Salt Fires and ongoing flooding. The amendment sends additional federal recovery funds to the state for infrastructure and individuals.
The amendment adds funds to last month's declaration for permanent infrastructure work, according to the office of Gov. Michelle Lujan Grisham. That includes roads and bridges, water control and other public utilities, as well as other public buildings and facilities.
Flood victims in Rio Arriba and San Juan counties will also benefit from the amended declaration. The funds can now help individuals, households and businesses in those counties with “emergency-related work,” like repairing damaged facilities.
Overall, residents of Lincoln, Otero, San Juan, and Rio Arriba counties, along with members of the Mescalero Apache Tribe, are eligible to apply for federal assistance through the Federal Emergency Management Agency.
Man rams car into anti-Trump protesters in Nob Hill Saturday - City Desk Staff Report
This story was originally published by City Desk ABQ
Just hours before the world’s attention turned to an apparent assassination attempt against former President Donald Trump in Pennsylvania, Albuquerque police were called to investigate an incident apparently targeting anti-Trump protesters in Nob Hill.
Social media posts spread quickly Saturday with reports that two men parked near Central Avenue and Wellesley Drive in Nob Hill had been assaulted by a man who confronted them over the anti-Trump signs they routinely display in the back of their pickup truck at that location.
APD spokesman Gilbert Gallegos told City Desk ABQ that the incident involved the same suspect who instigated two different confrontations. He said:
Officers were dispatched to the Nob Hill area along Central Ave., near Wellesley Drive SE, at 1:25 p.m. in response to a 911 call about the incident.
Two men said they were displaying an anti-Trump sign in bed of their pickup when a black vehicle stopped and two people engaged in an argument with the two men in the pickup. The men in the pickup said the driver of the black vehicle exited and threw a bottle, striking one of the men in the leg. The man in the pickup said he sprayed the driver of the black vehicle with Mace.
Witnesses said the driver of the black vehicle returned to the area and rammed the pickup from behind, nearly striking the second individual who was sitting on the tailgate. The pickup was pushed forward and struck another vehicle parked on Central.
The driver of the pickup told police he retrieved a handgun from his vehicle and pointed it at the driver of the black vehicle. No shots were fired and the driver of the black vehicle fled.
APD says witnesses provided photo and video evidence which is being reviewed. Gallegos did not say if police had identified any suspects.
Police ask anyone with information about the incident to call (505) 242-COPS.
Alec Baldwin's criminal case was about ammunition at its shocking beginning and its sudden end - By Andrew Dalton and Morgan Lee, Associated Press
The criminal case against Alec Baldwin was about the handling of bullets from the beginning. And the handling of bullets brought it to an end.
When cinematographer Halyna Hutchins was shot and killed nearly three years ago on the New Mexico set of the film "Rust," one question obsessed authorities yet was never definitively answered: How was it possible that live, lethal rounds had gotten into the mix with the blanks that traditionally make movie gunfire and the inert dummy rounds that play the role of bullets on screen, then into the revolver that Baldwin, in character, was pointing at Hutchins?
Evidence that Baldwin's attorneys unearthed as part of a possible explanation — ammunition turned over by a man who walked into the Santa Fe County Sheriff's Office in March — brought the actor's involuntary manslaughter trial to a swift and sudden end Friday when a judge ruled prosecutors had improperly failed to share that evidence.
One of two special prosecutors on the case, who resigned just a few hours before the dismissal, told The Associated Press on Saturday that the judge's decision was correct.
"When you step back and you think about, 'OK, could the defense have made use of this in preparing a defense?' And the answer is possibly, yeah. ... Then the proper remedy should be dismissal," Erlinda Ocampo Johnson said, adding that it's unfortunate that the jury "never got to hear the facts and make a decision."
With the trial ended in its infancy, it is difficult to say whether the case made by Baldwin's elite and expensive team of lawyers would have shed light on the live rounds question or would have muddied it further.
But the dismissal shut off one of the final avenues where the bullet question could be addressed.
"I feel like this this entire case has run its course, and we will never know," said John Day, a New Mexico attorney who followed the case but is not involved in it. "You can't redo a bad investigation. Once it's done, it's done like this. There's really nothing else that can be done."
The other special prosecutor, Kari Morrissey, and other authorities said they are nearly certain of the answer to at least who brought the live rounds on to the set, if not how they got into Baldwin's revolver: Hannah Gutierrez-Reed, the film's armorer, who was convicted in March of involuntary manslaughter and got the 18 months in prison Baldwin might have gotten if he had been convicted.
Photos found on Gutierrez-Reed's cellphone showed her with the box where the bullets came from, according to testimony this week from a crime scene technician.
And at the hearing that led to the case's dismissal on Friday, Seth Kenney, who provided the firearms and some of the blanks and dummy rounds to the set of "Rust," testified that shortly before "Rust," Gutierrez-Reed had called and texted him about shooting live ammo with the guns to be used as props in the Nicolas Cage film "The Old Way," which she was working on in Montana.
"I said 'absolutely not' and 'it's a big mistake' " Kenney said from the stand. "I even said 'it always ends in tears.' "
Baldwin's lawyers tried to suggest that authorities had under-investigated Kenney and had an overly cozy relationship with him, and they had looked away from his possible responsibility for the live ammunition because Gutierrez-Reed could be tied directly to Baldwin. The defense didn't get to provide the thorough version of this theory because the trial ended so quickly.
Police and prosecutors say there is zero evidence that Kenney is responsible, and he testified Friday that he was absolutely certain he had not been the source.
Gutierrez-Reed is appealing her verdict as she serves her time. Her lawyer says he is planning a new motion to dismiss after the Baldwin ruling.
When that ruling came, Baldwin wept in the courtroom and hugged his lawyers and his wife.
He made his first public comments Saturday when he thanked supporters.
"There are too many people who have supported me to thank just now," Baldwin said in a brief Instagram post that accompanied a photo of him sitting in the courtroom. "To all of you, you will never know how much I appreciate your kindness toward my family."
Several civil lawsuits against Baldwin and "Rust" producers could still end up shedding light on the bullet question.
A lawsuit from Hutchins' husband and son that had been settled could be revived. And lawsuits from the cinematographer's parents and sister and crew members are still being pursued in court.
The attorneys in those cases won't have the investigative power of police, but they could have one advantage the prosecution didn't. The resolution of the criminal case could open the way for a deposition of Baldwin in civil litigation if he can no longer claim it would expose him to criminal liability.
"I'm still here. We have a very large legal team," Gloria Allred, a lawyer representing Hutchins' parents and "Rust" script supervisor Mamie Mitchell. "I have been doing this for 48 years, as long as I've been practicing law, and I have never allowed the dismissal of a criminal case or a conviction in the criminal case that was later vacated on appeal to deter me."
Allred said she doesn't know how long it will take for a civil trial to come. But "however long it takes to persevere, we want to win accountability and justice for the untimely tragedy of losing this beautiful, talented cinematographer," she said.
Parks & Rec is using 100 million fewer gallons of water than it was three years ago. How? - Connor Currier, City Desk ABQ
This story was originally published by City Desk ABQ
The Parks and Recreation Department (PRD) has reduced the amount of water it uses by more than 100 million gallons over the past three years, despite facing record heat. However, it is using more water than it was in 2019.
Albuquerque’s Parks and Recreation Director Dave Simon told City Desk ABQ in an email the department’s long term goal is to make sure the city has water in the future.
“As climate change continues, water resources in New Mexico are projected to decrease,” said Simon. “PRD’s goal is continuous, steady improvement in water conservation so that the City protects its essential water supplies for domestic, commercial, and agricultural uses.”
By the end of fiscal year 2023, PRD statistics showed a scaling down of water use by more than 100 million gallons compared to 3 years prior, despite increasingly hot summers and one more site than it had in 2020.
In 2019, however, the department was using even less water. The number of gallons jumped up in 2020.
A department spokesperson said that’s because “weather is the single biggest factor for water usage” and 2020 was tied for the fifth warmest year in Albuquerque history and it was unusually dry. She said when the city has a wetter monsoon season PRD is able to water less.
“Higher traffic in parks can also lead to more water usage to protect the grass,” spokesperson Emily Moore said. “During the pandemic, more people opted outside and utilized the City’s parks, trails, and open spaces.”
PRD runs a summer program called “Operation Cooldown” where it turns on sprinklers at parks throughout the city for children and families to play in when the temperatures are projected to hit triple digits. PRD says the water used in Operation Cooldown is offset by decreasing watering of other places and times.
Here’s how Simon said the parks department reduced its water use:
TECHNOLOGY
SmartUse, a city contractor, provides the department with tracking water use data.
PRD is then able to monitor park irrigation systems and water usage patterns to identify outliers and compare water consumption overtime.
PROJECTS
The department has renovated park irrigation systems, which includes replacing older water lines, eliminating irrigation in areas that don’t need it, lining ponds, upgrading sprinkler controllers with better technology, and enhancing sprinkler heads to distribute water more efficiently.
Simon said the department prioritizes renovating parks if their system is at least 50 years old.
OPERATIONS
PRD scheduled watering during early morning and evening hours in order to decrease evaporation and cut back on water loss.
The department also created a system to review park irrigation systems and try to identify and fix issues before summer weather begins.
The department also has staff available 24 hours a day to take 311 calls regarding water waste.
Public not allowed in meetings of state advisory council on missing and murdered Indigenous people — Bella Davis, New Mexico In Depth
This story was originally published by New Mexico In Depth.
An advisory council Gov. Michelle Lujan Grisham established last year to help address a crisis of missing and murdered Indigenous people is meeting behind closed doors. That’s a problem, according to the head of a government transparency group.
The governor announced the advisory council in November, a little over a month after New Mexico In Depth reported that her administration had quietly dissolved a state task force working on the issue, a move affected families and other advocates protested. The task force held regular public meetings until it was shuttered.
The seven-member council has met once so far, in March, to organize itself. Asked this week whether it has scheduled another meeting, Indian Affairs Department spokesman Aaron Lopez did not answer. Instead, he wrote in an email that advisory councils aren’t subject to the state Open Meetings Act.
That means they’re not legally required to have public meetings.
But they could. A review by New Mexico In Depth of other state advisory councils show a number have and continue to meet publicly, including at least one Lujan Grisham created.
The council’s “decision to not hold public meetings is related to the sensitive nature of the topics discussed and the need for privacy in handling certain cases,” Lopez wrote in an email Friday.
Asked whether the council will share the location and time of its meetings, Lopez wrote it’s not required to.
Melanie Majors, executive director of the New Mexico Foundation for Open Government, said the public should be able to hear directly what members discuss, partly because those discussions could inform policy.
“If it’s public money that’s being used, it’s for a public agency, then the public should be involved, no ifs, ands, or buts,” said Majors, who later wrote in an email that “it is basically a question of accountability and being transparent.”
A news release last fall said the council would bring together tribal and state leaders, law enforcement, advocates and affected families to “support” the state’s efforts to carry forward recommendations made by the now-defunct task force.
Lopez wrote over email that the council “will keep the public informed and provide any necessary updates” at meetings hosted by the Indian Affairs Department in part to share developments in the state’s response to the crisis.
The next public meeting is scheduled for 10 am Monday. It will be held in Santa Fe in the second floor conference room of 1220 S. Saint Francis Drive and streamed via Zoom.
A notice was posted on departmental social media accounts Thursday morning, with an agenda that doesn’t include a public comment period. New Mexico In Depth could not find a notice on the agency website.
“Generally, community meetings are promoted through local media, social media, community bulletin boards, and direct outreach by” the department, Lopez wrote.
Last year, the department faced criticism for hosting an event for families with missing loved ones on short notice. The agency announced the date and location of Missing in New Mexico Day, which the state is required by law to hold annually, less than a week in advance.
Josett Monette, who now leads the agency, said at the time that officials wanted to “get the notice out as soon as possible” in the future.
Pojoaque Pueblo Gov. Jenelle Roybal and Picuris Pueblo Gov. Craig Quanchello are co-chairs of the advisory council.
Members include:
First Lady Jasmine Blackwater-Nygren, Office of the Navajo Nation President and Vice President
Major Nathan Barton, Pojoaque Police Department
Chief Daryl Noon, Navajo Nation Police Department
Dawn M. Begay, CABQ Native American Affairs
Tiffany Jiron, Executive Director Coalition to Stop Violence Against Native Women