Politicians, officials fail to disclose conflicts

SANTA FE, NM (KRQE) - The group includes two state Supreme Court justices, a member of the Public Regulation Commission and scores of high-ranking appointees to state boards and commissions.

Membership, however, is a dubious distinction.

That’s because members of the group failed to comply with a state law that requires them to disclose their finances, investments and business dealings so the public can be fully informed of any conflicts of interest.

“New Mexicans have a right to know and should care that they have as much information as possible about their elected or appointed officials,” said Secretary of State Dianna Duran. “It’s important to their everyday lives. They’re affected by the decisions that are made by these officials.”

In fact, a three-month News 13 investigation discovered more than 150 state officials who have failed to comply with the law, which requires anyone to file with the Secretary of State within 30 days of being appointed. Violation of the act is punishable by up to a year in jail and fines up to $5,000.

However, News 13 also found that the Secretary of State’s office is part of the problem too.

According to the Secretary of State’s Web site, both Attorney General Gary King and State Treasurer James Lewis haven’t complied with the law.

But King told News 13 he personally hand-delivered his financial disclosure report to the Secretary of State’s office. And Lewis has proof that he filed. He showed News 13 a time-stamped copy from the Secretary of State’s office proving he filed his report Jan. 12.

The Lewis document is not the only one misplaced by Duran’s office. News 13 discovered critically important documents that were misplaced, misfiled or simply lost.

“Thanks to the research of your team, we’ve been made aware of a couple of areas that we need to correct and we have done that,” Duran said. “Now having said that, we do acknowledge that we still have a lot of work to do.”

Sen. Dede Feldman, D-Albuquerque, is a long-time advocate for governmental accountability and said the financial disclosures contain important information for citizens.

“(The disclosures) are the only way that the public has to know whether there is a conflict of interest in terms of our profession, our financial interest and what we are doing in the public name,” Feldman said.

For example, anyone who wants to know if Gov. Susana Martinez has any outside business interests can check the Web site and discover she doesn’t have any conflicts, according to her financial disclosures.

But check up on Charles Daniels, chief justice of the state Supreme Court, and find only questions because, according to the site, he hasn’t filed a financial disclosure form. Daniels did not return a phone call seeking comment.

The same goes for PRC Commissioner Ben Hall, Harold Lavendar, the newest State Investment Council member, and state Supreme Court Justice Edward Chavez.

Others who haven’t filed, according to the Secretary of State’s office, include Western New Mexico University Regents Charles Randy Briggs and Tony Trujillo and Eastern New Mexico University Regent Marshall Stinnett. Absent disclosures also come from members of the Law Enforcement Academy Board, the state lottery board, the Parole Board, Museum of New Mexico regents and trustees from the Natural History Museum.

Many of those board members are appointed by Gov. Martinez.

“People are not taking it seriously,” Martinez told News 13. “They simply don’t think it’s important, and it’s also not being enforced by the Secretary of State.”

Martinez said she’s disappointed in Duran’s office.

“They have to really be better at making sure that every document that is taken is file-stamped so that the individual has proof that they’ve done it so that there aren’t consequences later,” she said.

Part of the problem may be that no one in state government could come up with a complete list of just exactly who is required to file under the Financial Disclosure Act.

“We are working diligently to ensure that those who are not compliant – we will work with them to become compliant,” Duran said.

Martinez said she’s giving state appointees who haven’t filed the required disclosure forms 30 days to do so. Those who don’t can take a hike, she said.

“If you choose not to comply with the law … I will be happy to ask the Secretary of State to enforce them to the letter of the law and with all the civil penalties that come with it,” the governor said. “And, frankly, you no longer get to serve.”