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.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.
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.
Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 10 Public Officers and Employees > ARTICLE 16 Governmental Conduct > 10-16-2. Definitions. (2011)Commandeering a police helicopter is an official act. It uses discretionary authority. The governor is an elected official of the state.
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;
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)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?
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.
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)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"
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.
Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 10 Public Officers and Employees > ARTICLE 16 Governmental Conduct > 10-16-3.1. Prohibited political activities. (2011)The fact that she used a police helicopter, also violates the employees duty not to use property belonging to state for anything unauthorized.
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 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)All Gary King could muster was a letter with a recommendation? This is the man running for governor as a democrat?
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.
Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 10 Public Officers and Employees > ARTICLE 16 Governmental Conduct > 10-16-17. Criminal penalties. (1993)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!
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.
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.