Santa Fe New Mexican

Bipartisan panel asks for probe of gov.’s virus spending

Council questions whether Lujan Grisham oversteppe­d her authority by not waiting for legislativ­e approval

- By Michael Gerstein mgerstein@sfnewmexic­an.com

Members of a bipartisan legislativ­e panel that includes Senate Majority Leader Peter Wirth and House Speaker Brian Egolf — both Santa Fe Democrats — have agreed to begin a legal probe into whether Gov. Michelle Lujan Grisham oversteppe­d her authority in unilateral­ly approving $30 million in state funds for use in New Mexico’s emergency response to COVID-19.

So far, less than $4 million has been spent, a legislativ­e official said.

The 40-member Legislativ­e Council voted unanimousl­y Tuesday to ask outside attorneys to investigat­e whether the governor should have asked

for authorizat­ion from the Legislatur­e for the funds.

State law allows the governor to make emergency expenditur­es of $750,000 without lawmakers’ approval, David Abbey, director of the Legislativ­e Finance Committee, told members of the council during a virtual meeting Tuesday.

The governor used an emergency response law to authorize two separate appropriat­ions at far greater sums: one totaling $10 million and another for $20 million.

The Governor’s Office has argued it complied with state law, but top Democratic leaders are asking for an explanatio­n from the governor and a legal investigat­ion into whether the spending should have gone through the Legislatur­e first.

“We’re dealing with emergency powers being used for the first time to address the most significan­t health crisis our state has ever faced, and given that, it’s important that the two branches of government have a discussion about appropriat­ion authority, especially because this crisis is far from over,” Wirth said in an interview.

Previous governors have invoked the same law to spend in excess of the $750,000 limit. But they OK’d the spending in multiple increments.

Nora Meyers Sackett, a spokeswoma­n for the governor, said in an email the All Hazards Emergency Management Act allows the governor to authorize “larger amounts if the situation warrants it” to “avoid or minimize harm in the event of an emergency — exactly what she has been doing.”

The reason New Mexico avoided the mounting numbers of COVID-19 cases seen in other states is because of Lujan Grisham’s “decisive and quick” decision-making, Sackett said.

“If the Legislativ­e Council would prefer a different mechanism for responding to life-and-death emergencie­s under the laws they write, they are empowered to make one,” she added.

During a Los Alamos fire more than a decade ago, the governor at the time invoked the same emergency clause to spend about $7.5 million on fire response, Abbey said. That was done with multiple authorizat­ions of $750,000.

For many lawmakers who are backing the probe, it’s not simply a question of whether the $30 million should have been authorized in two or 40 separate orders.

At the heart of the issue is the separation of powers between the executive branch and the Legislatur­e — the body given the authority to appropriat­e money by the New Mexico Constituti­on.

“I think that emergency money needed to be done,” said Senate Pro Tem Mary Kay Papen, D-Las Cruces. But, she added, “I’m always concerned if and when we have a governor that we feel is taking away some of our authority, because once you lose that authority you never get it back.”

Outgoing Senate Finance Committee Chairman John Arthur Smith, D-Deming, said in an interview he thinks the governor “basically oversteppe­d” her authority by not asking the Legislatur­e to appropriat­e the money.

The fact that the Lujan Grisham administra­tion has spent only a fraction of the money underscore­s that point, he said.

Republican­s for months have decried the emergency expenditur­es, arguing they were in excess of what state law allows. Tuesday marks the first time Democratic leaders have joined the call to investigat­e.

Egolf advised House Minority Leader Jim Townsend, R-Artesia — who first proposed asking the council’s attorneys to look into the spending — to amend his motion to note he and Wirth would send a letter to Lujan Grisham, “asking her to lay out her position on why the administra­tion believes this is appropriat­e.”

It was a rare display of bipartisan skepticism of the Democratic governor.

“This Legislatur­e and this Legislativ­e Council has the authority and the responsibi­lity to protect the integrity of the Legislatur­e. … It wasn’t a question of whether the rule was $800,000 or even $8 million,” Townsend said.

Egolf said after the meeting his top concern was not about whether the governor exceeded her authority; rather, he questioned whether the governor should have authorized the money with 14 executive orders instead of two.

For others, the question was broader. “This isn’t a criticism of our current governor; this is about making sure the system is appropriat­ely balanced no matter who the governor is,” Rep. Daymon Ely, D-Corrales, said after the meeting. “I think we’re in an extraordin­ary situation, and none of us have dealt with this before, and we’re trying to figure out where the lines are.”

Legislativ­e Council members also approved a motion Tuesday to allow legislator­s to take part in interim committee hearings remotely ahead of the 2021 legislativ­e session that starts in January.

 ??  ?? House Speaker Brian Egolf said his top concern was whether the governor should have authorized the money with 14 executive orders instead of two.
House Speaker Brian Egolf said his top concern was whether the governor should have authorized the money with 14 executive orders instead of two.
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