Capital outlay switcheroo the art of the backroom deal
Power brokers trade favors on wide-ranging issues
For anyone seeking to learn the “art of the backroom deal,” there is no better place to go than the Roundhouse in Santa Fe. In rooms closed to the general public, power brokers trade favors related to a wide range of issues under consideration by the Legislature. These closed-door meetings are the essence of how decisions are made, and the only thing missing is the cigar smoke billowing from under the door. Three weeks ago, during discussions on the number of capital outlay dollars legislators and the governor will provide for needed infrastructure projects across the state, the chairmen of two powerful tax committees and the governor negotiated a little extra for tribal lands.
Traditionally, capital outlay funding is distributed one-third to the governor, one-third to members of the Senate, and one-third to members of the House. The governor allocates her portion to projects believed to have a statewide benefit, while House and Senate members spend their portions parochially, namely satisfying the needs of their local communities, for example, with water, sewer and road projects.
So, what happened regarding this year’s capital outlay funds? Tribal communities command significant influence within the Roundhouse. This is evidenced by a cursory look at last year’s campaign finance reports, which revealed over $170,000 in contributions to the governor’s reelection campaign, which came from various nations, tribes and pueblos. Additionally, both of the tax committee chairmen are members of tribal communities and wield enormous power in the halls of the state capital. While it is the job of every legislator to advocate for the communities they represent, there is a distinct lack of checks and balances in how the governor makes her capital outlay decisions and whether those actions are the result of her being beholden to campaign contributors. What’s at fault here is the process by which decisions are made.
Taking $100 million in taxpayer funds “off the top” of the capital outlay allocation for parochial tribal interests shortchanges every other New Mexico community in non-tribal districts. It should also be noted that creating such a tribal allocation has never occurred before. By giving tribal entities the ability to spend $100 million, each state House constituency receives $476,000 less and each state Senate constituency $794,000 less than they would have otherwise. Since the governor has wide discretion in allocating her portion of capital outlay dollars, no one in the Legislature would have taken issue if she wanted to emphasize tribal land projects out of her share. But taking this money out of the Legislature’s share of available resources is a different story entirely. Communities across the state all have similar needs and there is never enough to completely satisfy every request.
While there is insufficient evidence to suggest there was any quid pro quo in play here, sometimes what looks like a duck, walks like a duck, and quacks like a duck often is a duck.