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THURS: New Mexico schools still waiting for restored federal funding, + More

Classroom barrack at an elementary school in the Barelas neighborhood of Albuquerque
Marisa Demarco
/
Source NM
Classroom barrack at an elementary school in the Barelas neighborhood of Albuquerque

Trump administration restores federal funding. NM schools are still waiting to see it. - Noah Alcala Bach, Albuquerque Journal 

The Trump administration has released nearly $7 billion in federal funding that was withheld from K-12 public schools. But the state’s Public Education Department, which is tasked with distributing the money to schools and programs, has not seen those funds restored yet, according to its Chief Financial Officer, Marian Rael.

“According to the announcement from USDOE (U.S. Department of Education), the awards would start coming in this week. If they do that in alphabetical order, it may be a few days before we see anything,” PED spokesperson Janelle García wrote in a statement.

The funding cuts would’ve impacted English language learner programs, immigrant student support systems and after-school programs. PED estimated that the funding freeze would have impacted $40 million it receives in federal funds.

Districts across the country were given a day’s notice on June 30 that expected funding wouldn’t be released as scheduled. On July 14, more than 20 Democratic-led states, including New Mexico, filed a lawsuit against the Trump administration.

“Our office is closely reviewing this announcement and its impact on New Mexico, and we’re encouraged that this critical education funding is being restored,” Lauren Rodriguez, chief of staff for New Mexico Attorney General Raúl Torrez, said in a statement.

While still not resolved, Rodriguez called the development “{span}a step in the right direction for students, educators, and families across our state.”

According to the New York Times, the administration on July 18 released $1.3 billion, mainly going toward after-school programs. Then, on Friday, it was announced the remaining frozen funds would be released. The U.S. Office of Management and Budget and the Education Department did not respond to a request for comment from the Journal.

“We’re thrilled by the news that the federal government has decided to release Title II, Title III and Title IV funding that we use to provide services to English language learners and newcomer students and to support continuous learning and growth among our educators, with the ultimate goal of improving student outcomes,” Martin Salazar, spokesperson for Albuquerque Public Schools, said in a statement.

Stewart won’t face discipline for calling staffer ‘stupid,’ subcommittee rules - Danielle Prokop, Source New Mexico

A prominent New Mexico senator will likely not face further discipline for calling a legislative staffer “stupid” and shouting at her following a dispute in February, according to a decision published Wednesday by the members on the interim Legislative Ethics Committee’s hearing subcommittee.

Michelle Jaschke, the capital outlay programs coordinator for the Legislative Council Service, filed an allegation of harassment against Senate President Pro Tempore Mimi Stewart (D-Albuquerque) following an all-caps email exchange and “screaming” phone call in February.

“While the Hearing Subcommittee has found that Senator Stewart’s actions were inappropriate and unprofessional under the circumstances, the Hearing Subcommittee determines that the single incident at issue did not rise to a level that a reasonable person would find threatening, intimidating, or coercive,” the decision states.

The decision further noted Stewart’s behavior was analyzed as a “serious single incident,” but said if future conduct could use the complaint to consider “a series of incidents.” The decision also requested the Legislature’s Anti-Harassment Policy be revised to “provide further clarity,” on the conduct that violates the policy.

Stewart, after the release of the decision, gave a statement to Source NM, saying she failed to treat staff with kindness and respect.

“I regret that I failed to meet this standard in my interactions with Michelle during the last session. I sent her a sincere letter of apology at that time, and I stand by that apology today,” Stewart said.

Stewart added that she wants to add options, including mediation, to resolve similar conflicts.

Jaschke did not respond immediately to Source NM voicemail or emails Wednesday.

The subcommittee, chaired by Richard Bosson, a retired Supreme Court justice and six lawmakers, held a public hearing on the allegations and investigative report prepared by employment and labor lawyer Lorna Wiggins.

Bosson broke a tie between the six lawmakers, siding with Democratic Sens. Carrie Hamblen, Roberto “Bobby Gonzales and Leo Jaramillo to dismiss the complaint without further sanctions.

Republican Sens. William Sharer, Nicholas Paul and James Townsend voted to seek sanctions. In a statement, Sharer blasted the committee’s recommendation as partisan and further evidence that Democrats are opposed to justice, for both violent perpetrators and leaders in their party.

“Perhaps New Mexicans won’t be surprised that the same Democrat lawmakers who fail to hold criminals accountable also refused to hold Senator Stewart responsible for her verbal abuse of a legislative staff member,” Sharer said in an emailed statement.

Stewart’s statement following committee’s decision

“As I have stated before, I believe it is essential that we, as legislators, treat everyone with kindness and respect. During legislative sessions, it becomes even more critical to maintain our composure and show understanding, especially toward the staff who are an integral part of the team.

I regret that I failed to meet this standard in my interactions with Michelle during the last session. I sent her a sincere letter of apology at that time, and I stand by that apology today.

Regarding the policies and process that brought us to this point, I agree with the subcommittee’s recommendation that we work on bringing added clarity to the policy. I also think we should explore options such as mediation that could help resolve similar conflicts more efficiently while remaining fair and sensitive to all parties involved.

We have critically important work ahead of us during the interim and in the next legislative session. My focus remains on delivering results for my constituents and the people of New Mexico.”

NM AG, activists issue alert about RECA scams - Source New Mexico

New Mexico’s nuclear victims waited 80 years for recognition and the right for compensation under the federal Radiation and Exposure Compensation Act.

It took less than a month for scams to develop targeting those victims.

RECA — created in 1990 to provide restitution to people sickened by exposure to radiation and uranium — excluded New Mexico’s downwinders and post-1971 uranium miners, expired last year after years of lobbying for expansion by victims and New Mexico’s elected leaders.

But President Donald Trump signed a two-year expansion and extension into law earlier this month as part of Republicans so-called “Big Beautiful Bill.”

On Tuesday, both the New Mexico Department of Justice and the Tularosa Basin Downwinders Consortium issued a warning that RECA scams have already developed. According to an NMDOJ news release, “organizations and attorneys are soliciting people to file claims with them for a fee, despite the fact that New Mexico will have a legitimate claim submission process and guidance forthcoming.”

The U.S. Department of Justice has not yet announced an official claims process for qualifying New Mexicans. Both U.S. Sen. Ben Ray Luján (D-N.M.) and Mike Crapo (R-Idaho) last week recently sent letters to U.S. Attorney General Pam Bondi and Secretary of Labor Lori Chavez-DeRemer urging them to issue guidance quickly for RECA given the short two-year timeline for compensation.

“We are grateful to our Congressional Delegation who tirelessly advocated for the expansion of these critical compensation efforts,” New Mexico Attorney General Raúl Torrez said in a statement. “New Mexicans who have been affected by these exposures deserve compensation — and they deserve to get that compensation free from bad actors attempting to take advantage of them. We encourage New Mexicans to file claims through legitimate entities to ensure they receive the maximum compensation they are entitled to through RECA, and also to file any reports of suspected fraudulent activity with our office.”

The news release notes that any entity that files a RECA claim on behalf of residents will charge a fee, which is capped at 2% by law, but can increase to 10% if that claim is rejected. Moreover, the state will have official RECA clinics to assist people.

The Tularosa Basin Downwinders Consortium said it will have official updates online.

“The people of New Mexico have waited 80 years for acknowledgement of the harm they suffered as a result of being overexposed to radiation from the Trinity bomb,” TBDC co-founder Tina Cordova said in a statement. “We hope everyone will be patient a little longer as details of the claim process are developed. Please don’t allow someone to take part of your claim out of fear or some sense of urgency. We will do all we can to assist with the claims process once the guidelines are released.”

Governor plans to add ICE-related legislation to NM special session agenda - Dan Boyd, Albuquerque Journal

Gov. Michelle Lujan Grisham intends to add legislation dealing with privately run immigration detention facilities to the agenda of a New Mexico special session that’s likely to be called within the next two months, her top attorney told lawmakers Wednesday.

But legislative debate on a slew of bills dealing with juvenile crime and firearm restrictions is expected to be delayed until the 30-day session that starts in January.

“Those are going to be bills we want to make sure we have plenty of time and consensus on,” Holly Agajanian, the governor’s chief general counsel, told members of the legislative Courts, Corrections and Justice Committee during a meeting in Mescalero.

The Governor’s Office has not yet set a specific date for a special session this year, though Lujan Grisham has signaled on several occasions she was considering calling lawmakers back to Santa Fe this year.

During Wednesday’s meeting, Agajanian said the governor is eyeing late August or early September for the special session, but said no final decision has been made.

She also said a state-level response to a federal budget bill that’s projected to lead to more than 90,000 New Mexico residents losing their health care coverage would be a primary focus of the special session. Such a response could also include steps to reinforce a food assistance program that provides benefits to roughly 460,000 New Mexicans.

But Lujan Grisham is also planning to add other issues to the special session agenda for lawmakers’ consideration, including bills dealing with felons in possession of guns and the state’s definition of danger to one’s self and others.

In addition, legislation banning New Mexico local governments from entering into contracts with federal agencies to detain immigrants for civil violations could also be in the special session mix.

“This is not necessarily an exhaustive list for a special session call, but it reflects the governor’s current concerns,” Lujan Grisham spokesman Michael Coleman said Wednesday.

Legislation targeting private immigration detention centers passed the state House on a 35-25 vote during this year’s 60-day session, but stalled in a Senate committee.

New Mexico currently has three private detention centers — in Torrance, Cibola and Otero counties — that operate via intergovernmental service agreements between local counties and the federal Immigration and Customs Enforcement, or ICE.

Legislators still digesting special session menu

During Wednesday’s hearing, some legislators lauded the governor’s decision to include immigration-related legislation on the special session agenda amid President Donald Trump’s mass deportation push.

“I think the government should not be complicit with detaining people in this way,” said Sen. Antoinette Sedillo Lopez, D-Albuquerque, who said she’s been denied entry to private immigration facilities during unannounced visits.

Sedillo Lopez said the facilities are generally not subject to state oversight, since they are run by private companies under contracts issued by the federal government.

But Sen. Joseph Cervantes, D-Las Cruces, the chairman of the Courts, Corrections and Justice Committee, said he’s opposed a de facto ban on private immigration detention facilities in past years.

“If we shut down the New Mexico beds, they’re just going to send them somewhere else,” said Cervantes, who added he’s trying to organize a committee tour of the Otero County Processing Center in Chaparral next month.

Sen. Crystal Brantley, R-Elephant Butte, criticized the governor’s plan to add immigrant detention facilities to the special session agenda, saying crime and child welfare should be higher priorities.

“Our president has taken illegal immigration to the lowest numbers ever, but here we are finding a way to use taxpayer dollars to pick a fight with the administration for cheap political points,” Brantley said in a statement. “Meanwhile, we’re leaving serious bipartisan juvenile justice reform efforts out in the cold.”

“I’m deeply upset yet not surprised that this is shaping up to be another special session of hot air,” she added.

Governor’s special session history

When a proclamation is officially issued, the special session would be the seventh such session called by Lujan Grisham since she took office in 2019. Under the state Constitution, special sessions can last for up to 30 days in New Mexico and their agendas are set by the governor.

Last year, the governor called lawmakers back to Santa Fe for a crime-focused special session. But the Democratic-controlled Legislature largely rejected the governor’s agenda and adjourned after just five hours.

That prompted Lujan Grisham to say the Legislature should be “embarrassed,” though lawmakers subsequently approved some crime-related measures sought by the governor during this year’s session.

Judge dismisses lawsuit filed by Alec Baldwin for malicious prosecution in fatal 'Rust' set shooting - Associated Press

A New Mexico judge has dismissed a lawsuit filed by actor Alec Baldwin for malicious prosecution and civil rights violations in the 2021 fatal shooting of a cinematographer on the set of the Western movie "Rust."

The judge in a ruling made public Wednesday dismissed the case without prejudice for lack of any significant action with the claim, which was filed in state district court earlier this year. Baldwin's attorneys will have 30 days to file a motion seeking reinstatement.

Luke Nikas, Baldwin's lead attorney, told The Associated Press in an email that the dismissal amounted to a nonevent since his team has been waiting to prosecute the case.

"We have been in good-faith settlement discussions with the parties to the lawsuit and will be refiling promptly if those discussions are not promptly and favorably resolved," he said.

Defendants include special prosecutor Kari Morrissey and Santa Fe District Attorney Mary Carmack-Altwies, along with three investigators from the Santa Fe County sheriff's office and the county board of commissioners.

A charge of involuntary manslaughter against Baldwin was dismissed at trial last year on allegations that police and prosecutors withheld evidence from the defense. The trial was upended by revelations that ammunition was brought into the Santa Fe County sheriff's office months earlier by a man who said it could be related to the killing of cinematographer Halyna Hutchins.

The allegations in Baldwin's tort claim include defamation, with his attorneys saying that prosecutors and investigators targeted the actor and coproducer for professional or political gain.

Hutchins died shortly after being wounded during a rehearsal for the movie "Rust" in October 2021 at a film-set ranch on the outskirts of Santa Fe, New Mexico.

Baldwin was pointing a pistol at Hutchins when it discharged, killing Hutchins and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.

The actor recently spoke to The Associated Press at San Diego's Comic-Con International, saying he couldn't believe what happened that day in court as the trial came to an abrupt end and that his life over the last year has been far better than the few years that preceded it.

Still, Baldwin and other producers of "Rust" are being sued in New Mexico state court by the parents and younger sister of Hutchins. Court records show a deposition for Baldwin in that case was put off in May and has yet to be rescheduled.

Gallup Indian Medical Center limits care because of Trump executive order on contract review Santa Fe New Mexican

Members of New Mexico’s Congressional delegation are calling on the federal government to act in response to reports that the Gallup Indian Medical Center has reduced and suspended some medical services. U.S. Senators Ben Ray Lujan, and Martin Heinrich along with U.S. Representatives Teresa Leger Fernandez and Melanie Stansbury authored a letter to Health and Human Services Secretary Robert F. Kennedy Jr. and Indian Health Service Acting Director Benjamin Smith. The letter says that the Gallup Indian Medical Center has reduced and suspended some services due to recently implemented bureaucratic red tape.

Specifically, the letter calls attention to a new process known as Presidential Appointee Approver and Departmental Efficiency Review. Known by its acronym, PAA-DER, the policy went into effect June 30. Since then, the result of the policy has been what the lawmakers called “wasted resources, staffing shortages, and preventable delays in care.”

The Santa Fe New Mexican reports the Gallup Indian Medical Center has restricted birth services in its Women’s Health Unit. An internal email obtained by the New Mexican says scheduled caesarean sections are “limited,” while births involving induction or attempted vaginal delivery following a C-section are referred to other facilities. The center has the only maternity ward in Gallup. The email also says surgeries are being limited only to people arriving in the emergency room who need immediate intervention.

Sen. Heinrich says he’s “appalled” at what he called the “dismal state” of Gallup Indian Medical Center and called the new federal policies “a blatant and unacceptable violation of treaty obligations.”

WNMU regents ax Joseph Shepard’s severance and teaching contract —Searchlight New Mexico

Unanimously, the newly appointed regents at Western New Mexico University have approved a plan to strike down former President Joseph Shepard’s previously awarded $1.9 million severance payment and five-year teaching contract, on the grounds that they were awarded in violation of the state’s Open Meetings Act.

“Shepard’s separation agreement and faculty appointment are no longer in existence,” regent John V. Wertheim said at a WNMU Board of Regents meeting on July 31. “The best resolution for everyone is to get this in front of a retired judge or justice of the New Mexico Supreme Court to hammer out a fair, negotiated settlement. That’s certainly my goal in making the motion I made.”Regents at the July 31 meeting acknowledged that they aren’t sure if or how their move can pull back the nearly $2 million that the Silver City school already paid to Shepard following his December resignation — regent chair Steven Neville said the votes leave the agreement “unapproved and basically in limbo at this point.” But it appears likely that the board’s decision will influence the ongoing lawsuit from Attorney General Raúl Torrez that seeks to recover the severance money and void Shepard’s teaching contract.

Meanwhile, Thursday’s decision does not affect another court challenge Shepard is facing. In June, the New Mexico State Ethics Commission filed a lawsuit alleging that, while president, Shepard misdirected funds meant for an Americans with Disabilities Act-compliant project toward an outdoor patio that he used for his daughter’s wedding.

“I know there’s going to be a lot of questions after these votes,” regent John V. Wertheim said at the meeting. “Shepard’s separation agreement and faculty appointment are no longer in existence … The best resolution for everyone is to get this in front of a retired judge or justice of the New Mexico Supreme Court to hammer out a fair, negotiated settlement. That’s certainly my goal in making the motion I made.”

Western New Mexico University Regent John Wertheim speaks during a July 31 meeting held at the Silver City campus. Courtesy of Algernon D'Ammassa / Albuquerque Journal  Shepard and the New Mexico Department of Justice did not respond to a request for comment.

In an unprecedented occurrence for WNMU’s regents, Friday’s meeting, which was held in person and on Zoom for virtual attendees, was derailed by hackers. Shortly after people initially logged on to the meeting’s virtual component, several hackers joined and displayed pornographic videos, racial slurs and swastikas on their video feeds. Attendees in the room appeared not to notice the chaos — regents were unfazed as they continued to discuss routine government business — but even presentations shared by the host of the meeting were quickly replaced by the explicit pornographic videos.

The meeting was interrupted by hackers who posted posted pornographic, racist and anti-Semitic content. Screenshot: Joshua Bowling/Searchlight New Mexico Several of the hackers’ video feeds featured text that read: “hacked by nuenze.” The same group seems to have carried out a similar operation in Mississippi earlier this week. After WNMU administrators ejected bad actors from the meeting, everyone in remote attendance had their cameras turned off. Earlier this year, in April, Russian cyberattackers appeared to infiltrate WNMU employee computers.

Thursday’s vote was the latest step in what has been a busy year for Shepard and WNMU. Concerns over his conduct as president were first widely raised in late 2023, after Searchlight New Mexico broke the story of how he; his wife, former CIA agent Valerie Plame; and several other university officials used taxpayer dollars to pay for lavish lifestyles in an otherwise impoverished town. Searchlight found Shepard had adorned his on-campus house with nearly $28,000 worth of exotic furniture from Seret and Sons, a Santa Fe business known for imported pieces and steep prices.

Within weeks, state lawmakers grilled Shepard at the Capitol over Searchlight’s reporting. The Higher Education Department and the Office of the State Auditor both announced they were looking into WNMU’s finances and sent the university scathing letters questioning many of Shepard’s purchases. Employees at the university and its sister foundation told Searchlight that the foundation had been reduced to being “the presidential piggybank.”

Joseph Shepard. Courtesy of Daniel Chacon/Santa Fe New Mexican After that, though, things were relatively quiet for most of 2024. The Amazon Prime streaming show “The College Tour” released an episode set at WNMU; Shepard appeared in it to laud how the school serves students in unique circumstances, such as first-generation college students. “We’re that small place that gives that big experience,” he said.

By fall of 2024, developments picked up. In November, the state auditor released a blistering report detailing the highlights of his office’s investigation. It alleged $363,525.99 in “wasteful” and “improper” spending, including a trip to the Ritz-Carlton, Rancho Mirage in Palm Springs, California.

A month after the auditor’s findings were made public, Shepard resigned from his post as university president. At a Dec. 20, 2024, regents meeting, Shepard was awarded $1.9 million in severance and a five-year teaching contract in the university’s business school for $200,000 per year. He had been in his job for more than 13 years.

Since then, Shepard has been the target of multiple lawsuits relating to the terms of his departure and his conduct as president. In January, the New Mexico Department of Justice filed suit against Shepard and the regents to nullify his severance and teaching contract and to recoup the nearly $2 million “golden parachute.”

New Mexico Attorney General Raúl Torrez and House Speaker Javier Martinez announcing a lawsuit against Joseph Shepard and WNMU's then-Board of Regents in January. Nadav Soroker/Searchlight New Mexico Thursday’s unanimous decision from the new Board of Regents has the potential to affect the NMDOJ’s lawsuit over Shepard’s severance and employment contract. But it does not appear poised to affect a lawsuit filed in June by the State Ethics Commission, which accused Shepard of violating the state Governmental Conduct Act, which regulates how employees at all levels of New Mexico government comport themselves.

“As WNMU President, Shepard had a practice of authorizing university expenditures from which he benefited that were only loosely connected to university purposes,” the 106-page lawsuit alleges. “While a university president has wide latitude to authorize university expenditures for university purposes, the Governmental Conduct Act places a limit on the expenditure of public funds for a private purpose. Shepard transgressed that limit.”