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Gary King
Gary King is a republican in Democrat clothing. He is a prime example of why so many have lost faith in our political system. These statements are strong, but also supported by  New Mexico Statutes.

In a desperate act of self preservation, Gary King had a letter written from the Attorney General's office, stating that Gov. Susana Martinez should pay back the expense of her helicopter ride. At first glance, the letter seems like the good and proper administration of his duties as Attorney General. There was nothing legal he could do; he looked into the matter himself.

Holding the title of democrat doesn't make anyone anymore accountable than holding the title of christian. The wanton way in which Susana conducts herself in office has the majority of us thinking, where is the accountability?

Who is our governor accountable to?

The Attorney General and the Secretary of State. The AG is responsible for filling any civil litigation against the Governor in the case that any statues were breached. The Attorney General at his sole discretion, can take up a case against Martinez. Ill give him the benefit of the doubt. Maybe he is to busy to learn the laws regarding the private use of public property by state officials in New Mexico. If that is the case, then here is all the work done for him.

If he was serious about holding Martinez accountable for stealing tax payer money he could have easily referenced these

Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 10 Public Officers and Employees > ARTICLE 8 Per Diem and Mileage > 10-8-5. Restrictions; regulations. (1995) Which states.

C.   Money expended by the governor from the appropriations made for his office and contingent and other expenses are not subject to any of the foregoing provisions of this section and are not subject to audit; provided that the governor shall only use contingent and other expenses for purposes connected with obligations of the office.  An expenditure report on the use of the governor's contingent and other expenses shall be submitted annually to the department of finance and administration.

Fundraising is not an obligation of office in any sense of the term. These next statutes deal specifically with governmental conduct. Definitions according to the statutes are listed first.
Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 10 Public Officers and Employees > ARTICLE 16 Governmental Conduct > 10-16-2. Definitions. (2011)

H.   "official act" means an official decision, recommendation, approval, disapproval or other action that involves the use of discretionary authority;
. Fundraising directly enhances financial position.
I.   "public officer or employee" means any elected or appointed official or employee of a state agency or local government agency who receives compensation in the form of salary or is eligible for per diem or mileage but excludes legislators;

Commandeering a police helicopter is an official act. It uses discretionary authority. The governor is an elected official of the state.
Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 10 Public Officers and Employees > ARTICLE 16 Governmental Conduct > 10-16-3. Ethical principles of public service; certain official acts prohibited; penalty. (2011)

A.   A legislator or public officer or employee shall treat the legislator's or public officer's or employee's government position as a public trust.  The legislator or public officer or employee shall use the powers and resources of public office only to advance the public interest and not to obtain personal benefits or pursue private interests.
B.   Legislators and public officers and employees shall conduct themselves in a manner that justifies the confidence placed in them by the people, at all times maintaining the integrity and discharging ethically the high responsibilities of public service.
C.   Full disclosure of real or potential conflicts of interest shall be a guiding principle for determining appropriate conduct.  At all times, reasonable efforts shall be made to avoid undue influence and abuse of office in public service.

Using a police helicopter to make it on time to a fundraising event for her reelections is not in her scope of duties or obligations to office. Is there some sort of exception for the governor's fundraising events?
Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 10 Public Officers and Employees > ARTICLE 16 Governmental Conduct > 10-16-4. Official act for personal financial interest prohibited; disqualification from official act; providing a penalty. (2011)

10-16-4. Official act for personal financial interest prohibited; disqualification from official act; providing a penalty.
A.   It is unlawful for a public officer or employee to take an official act for the primary purpose of directly enhancing the public officer's or employee's financial interest or financial position.  Any person who knowingly and willfully violates the provisions of this subsection is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

Commandeering a police helicopter is most definitely an official act. It is a power that is vested in the governor, it is a discretionary power. A fundraiser is directly related to "enhancing ones financial interests or position"
Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 10 Public Officers and Employees > ARTICLE 16 Governmental Conduct > 10-16-3.1. Prohibited political activities. (2011)
C.   violating the officer's or employee's duty not to use property belonging to a state agency or local government agency, or allow its use, for other than authorized purposes.
The fact that she used a police helicopter, also violates the employees duty not to use property belonging to state for anything unauthorized.

The next statues demonstrate the Attorney Generals responsibility to persecute.

Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 10 Public Officers and Employees > ARTICLE 16 Governmental Conduct > 10-16-14. Enforcement procedures. (1993)
C.   If the attorney general determines that there is sufficient cause to file a complaint against a public officer removable only by impeachment, he shall refer the matter to the house of representatives of the legislature.  If within thirty days after the referral the house of representatives has neither formally declared that the charges contained in the complaint are not substantial nor instituted hearings on the complaint, the attorney general shall make public the nature of the charges, but he shall make clear that the merits of the charges have never been determined.  Days during which the legislature is not in session shall not be included in determining the thirty-day period.
E.   Subject to the provisions of this section, the Governmental Conduct Act may be enforced by the attorney general.  Except as regards legislators or statewide elected officials, a district attorney in the county where a person resides or where a violation occurred may also enforce that act. Enforcement actions may include seeking civil injunctive or other appropriate orders.  
All Gary King could muster was a letter with a recommendation? This is the man running for governor as a democrat?
Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 10 Public Officers and Employees > ARTICLE 16 Governmental Conduct > 10-16-17. Criminal penalties. (1993)
10-16-17. Criminal penalties.
Unless specified otherwise in the Governmental Conduct Act, any person who knowingly and willfully violates any of the provisions of that act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both. Nothing in the Governmental Conduct Act shall preclude criminal prosecution for bribery or other provisions of law set forth in the constitution of New Mexico or by statute.
At the very least he could have had her charged with a misdemeanor and ordered that the money be repaid in accordance with the law!

A person kind of has to wonder how Martinez is getting away with so much. From the well collaborated Behavioral Health routing to using official government property to go to a fundraiser. I have two words for you Gary KIng.

If Gary King really had New Mexico's interest at heart he could have, would have, and should have thrown the book at Martinez. Instead he wags his finger at her, and has the nerve to insult our intelligence and ability to find out the truth about the law and his options to prosecute. Options afforded to him by his office to hold Martinez accountable.

What about the Downs? It has yet to be seen how aggressive Gary King will be in going after her. It seems odd that there is so much hype centered around a racetrack, when the Behavioral Healthcare providers for the whole state of New Mexico were wholesale taken over by Arizona companies. Gary King is partnering with Martinez, agreeing not to release information concerning the audit to the public.

Do we really need the kind of spineless, self-interest that Gary King has shown in office? We definitely do not need Gary King as Governor.

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Comment Preferences

  •  Tip Jar (6+ / 0-)

    Truth from an idealist perspective.

    by BAngele on Tue Feb 11, 2014 at 09:31:42 PM PST

  •  thanks. (1+ / 0-)
    Recommended by:

    This is a list of 76 universities for Rush Limbaugh that endorse global warming denial, racism, sexism, and GOP lies by broadcasting sports on over 170 Limbaugh radio stations.

    by certainot on Wed Feb 12, 2014 at 12:09:57 AM PST

  •  It's the King Dynasty v.3.2 (0+ / 0-)

    never the bluest of blue Dems...

    don't always believe what you think

    by claude on Wed Feb 12, 2014 at 06:36:59 AM PST

  •  a paid webber staffer wrote this (0+ / 0-)

    This writer has already "endorsed" Webber who obviously provided the inaccurate facts.  Webber just yesterday implored all to focus on Martinez.  He's a right-winger trying to buy the Democratic nomination.  If his team is so dumb as to try this tactic he'll need a lot more money than the three million he's promised to spend to buy the race.  

    •  I dont work for Alan's Campagn, (0+ / 0-)

      My sources are NM statute. The only thing that is obvious is that you dont have a leg to stand on with your claim.

      I support having people who understand that you dont build fortunes off of breaking backs, and that you can build fortunes collectively and without exploiting.

      There is a reason I support Webber, and there is a reason I dont support King. Both are based on unbiased facts and their actions in the past.

      Heres where you can look up NM statute for yourself.

      New Mexico Compilation Commission

      Its a great resource, I hope you use it before making any more uneducated comments concerning my sources.

      Im not the type of person wired for popularity contests. Im in this because Im not going to just give away a state office to someone who has the ability to ruin countless lives because "I like them". I need facts, I judge based on actions and results, not neatly worded intentions.

      Toss the buzz words and write something you can back up with facts. All I did was a little investigative journalism. You should try it sometime.

      Truth from an idealist perspective.

      by BAngele on Wed Feb 12, 2014 at 11:59:37 PM PST

      [ Parent ]

    •  You shouldnt get "fact"s from politicians... (0+ / 0-)

      You should get them from authoritative sources.

      Just because you blindly follow whoever you happen to "like the most" based on your "gut feeling", (which has little value because its gullible to manipulation). Doesnt mean we all do.

      There is a difference between making a decision then looking up facts to support it (which seems to be your method), and researching all the fats available and then coming to a conclusion (which is what I do

      This article isnt even about Webber. Its not even really about Susana. (In my mind she isn't relevant right now..She took the therapy and doctor that has helped me stabilize my depression and develop coping skills particular to my challenges, and replaced it with the same Arizona trash cookie cutter behavioral health companies that had me "doped up and tuned out" living in the gutter). They are slowly changing previous policy so no one notices, and piece by piece gutting what worked about the place that used to be Zia, and is now Agave Health.

       But your right, Alan did tell democrats that we should stop throwing mud at each other and focus on Martinez, who is our collective enemy.

      Thank you for the inspiration, I think Ill do some more digging on the behavioral health issue....

      Truth from an idealist perspective.

      by BAngele on Thu Feb 13, 2014 at 07:07:49 AM PST

      [ Parent ]

  •  here are some facts for you (0+ / 0-)

    And proof this rich boy can't buy the election. He's a non starter in a Democratic primary.  He'll undoubtably run as a Repub four years from now.  A couple of documented quotes with much more damning ones to come.  

    “And unlike Obama or his Republican challengers, I want higher gas prices. At least for a while . . . It turns out, we're at our best, our most innovative and our most pragmatic when times get a little bit tougher.” (USA Today, March 20, 2012)

    “They [Democrats] like companies, as long as they don't practice private enterprise. They don't begrudge rich people their wealth; they just want to reapportion it. But at least they [Republicans] have a philosophy. The Democrats just don't want anyone to go home angry, so their economic policy offers everybody a party favor and a lollipop.”  (USA Today, March 15, 2010)

    •  Thank goodness (0+ / 0-)

      I thought you had something to burst my bubble with. Im not sure if you have gone to college, but in general the best professors do not accept pop culture magazine articles. Most of the articles are opinion pieces and very little is centered around actual fact. Next time use peer reviewed journal, or...NM Law

      Second you would have been better to display the whole paragraph (you have the room) instead of one sentence. Take this for example "Not everyone knows what they are  talking about", is the same as ".....everyone knows what they are talking about.

      Third, Alan Webber didn't start off rich, he started off poor.  Some people resent poop people when they figure out how to get out of poverty. He doesnt. He is very real when it comes to dealing with life and finding real solutions.

      I became interested in him when I learned he was running for governor, I stayed interested because of the speeches I found on you tube that he gave back in 2009 and 2010. They were all about how to really put your best foot forward, without running anyone over. That and his books. Im excited to get my 52 rules of thumb.

      What I think makes him allot different from the other millionaires running for governor is that he worked for it, it wasn't all donated to him for a party favor and a lollipop. I dont think he said anything in the second quote I dont agree with in the actual article, but you hacked it to death for obvious reasons.

      A friend told me once "you aint gotta lie to kick it" The holes in your argument are like unto a volleyball net......Im sure you can find SOMETHING if you dig hard enough....impress me.

      Truth from an idealist perspective.

      by BAngele on Fri Feb 14, 2014 at 12:56:29 AM PST

      [ Parent ]

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