Latest news with #NewMexicoConstitution
Yahoo
02-05-2025
- Business
- Yahoo
Ruling: East Central bookstore must remove encampment or face hefty fine
May 1—A hearing officer ruled that Quirky Used Books must remove a homeless encampment from its parking lot in two weeks or pay a fine of $1,500 to the city of Albuquerque. In the written ruling issued Thursday, City Hearing Officer Ripley Harwood stated he would only impose fines tied to one of several ordinance violations brought against the bookstore, that which prohibits camping on public property, including the use of tents. Harwood dismissed the other violations, which involved weeds and litter and outdoor storage. The dispute dates back to July 2024, when Quirky Used Books began allowing 18 unhoused people with 12 tents to stay in the store's back parking lot at 120 Jefferson NE, just north of Central. After the city received various 311 complaints — at least one from a neighboring business — Code Enforcement issued the violations, leading to an administrative hearing on Monday. Gillam Kerley, owner of Quirky Used Books, said he was "disappointed" the hearing officer could not rule on whether the violations aligned with the New Mexico Constitution. Harwood said, in his decision, that he considered constitutional arguments "to be outside the scope of my review." In his ruling, Harwood said the case is not about the rights or risks of homeless people occupying public property, but rather "a case about the limits of the rights of private property owners to the allowable uses of their property." Kerley said he will be seeking a stay on the enforcement of the ruling pending an appeal to the 2nd Judicial District Court. He said they were appealing to get a ruling "on whether the New Mexico Constitution's right to seek and obtain safety and the right to preserve one's property essentially outweigh the language of the zoning code." The bookstore owner added that he does not expect the decision to be reversed during the appeal. The city's Code Enforcement Department said they were pleased with the ruling. "We're happy with the decision because it moves Quirky Books towards remediation, which is what we always wanted," said Tim Walsh, public information coordinator for the city of Albuquerque Planning Department. "We just want them to come into compliance and hopefully this will get them there." The city plans to stay in contact with the bookstore to ensure they come into compliance. Code Enforcement has another hearing pending with Quirky Used Books over similar violations, but said they will drop the case if Quirky Used Books comes into compliance in the next two weeks. A hearing on that matter has not been scheduled yet. Kerley said he was glad the hearing officer did not agree with a majority of the proposed violations, including the accusation of litter and filth in the parking lot. In his ruling, Harwood left a glowing review of Kerley's character, calling him an "altruistic idealist." "Were the world full of idealists such as Gillam Kerley, humanity would likely solve the broad-based societal problems without the need for the blunt instrument of government," Harwood wrote. "The reality is that Quirky Books cannot solve the enormous public problem of the homelessness and in trying to do so, they have merely caused other harms. The homeless problem is for governments to solve."
Yahoo
01-04-2025
- Politics
- Yahoo
'Pocket vetoes' could become relic of the past under change approved by NM lawmakers
Mar. 31—SANTA FE — For years, New Mexico governors have been able to kill bills without explanation by simply declining to sign them. But the so-called "pocket veto" could be abolished starting in 2027, under a measure approved by lawmakers during this year's 60-day session. The change, which was approved without a single "no" vote in either the House or Senate, would also have to be ratified by voters next year in order to take effect. Rep. Matthew McQueen, D-Galisteo, on Monday described the elimination of the pocket veto as a good governance proposal. "It really is a transparency measure," McQueen told the Journal. "The governor can obviously veto bills — we'd just like to know why." He also said the change was not prompted by the actions of Gov. Michelle Lujan Grisham, who has actually pocket vetoed fewer bills than her predecessor — Republican Susana Martinez. Another sponsor of the measure, Sen. Joseph Cervantes, D-Las Cruces, said governors have pushed back against the idea of getting rid of the pocket veto in past years, but said Lujan Grisham did not actively oppose the proposal during this year's session. "This was not a response to any bills of mine she's vetoed," Cervantes said of the legislation. "This is just a common-sense way of improving communication." A Lujan Grisham spokesman confirmed Monday the Democratic governor did not oppose the measure during this year's session. "The governor's position is that this is an issue that New Mexico voters should decide on at the ballot box," the governor's spokesman Michael Coleman told the Journal. Under the New Mexico Constitution, governors have a time period of 20 days after a legislative session ends to sign or veto most bills approved by lawmakers. Any bills that are not signed before that deadline are automatically pocket vetoed. While the Constitution requires governors to state their objections to most vetoed bills, that requirement does not pertain to pocket vetoes. That has long irked many legislators and advocates alike, who say it's impossible to know why a bill was not signed if the governor does not have to provide an explanation. Specifically, McQueen said legislation he sponsored dealing with land grants was line-item vetoed three separate times by two different governors. Under the measure approved this year by lawmakers, House Joint Resolution 2, any bills vetoed by a governor would have to be accompanied by a "substantive" explanation for the veto. That requirement was added to ensure that veto messages feature meaningful feedback, not just perfunctory disapproval, McQueen said. In addition, any bills not acted upon before the deadline would automatically take effect — instead of being struck down. The number of bills pocket vetoed has varied by year and by governor, but some years have seen a large kill-off of bills by executive inaction. In 2017, for instance, Martinez pocket vetoed 56 bills, including legislation dealing with college credits, wildlife trafficking and breast feeding policies for female inmates. At least some of those bills were later signed into law by Lujan Grisham. Meanwhile, the proposed change would not apply to bills approved during this year's session, which ended March 22, or during next year's 30-day legislative session. Of the 195 bills approved by lawmakers during this year's 60-day session, Lujan Grisham had signed 24 bills and vetoed two measures, as of Monday. She has until April 11 to act on the remaining 169 bills, which include a $10.8 billion spending plan for the coming year and a tax package approved by legislators on the session's penultimate day. In a twist, the proposal to get rid of the pocket veto is not subject to the governor's veto pen, since it is a constitutional amendment that requires voter approval.
Yahoo
21-02-2025
- Business
- Yahoo
Former WNMU president moves to dismiss state's lawsuit
Feb. 20—Western New Mexico University's former president is asking a court to dismiss a lawsuit by the state Department of Justice targeting his lucrative severance package. Attorney General Raúl Torrez challenged the severance agreement approved by WNMU regents on Dec. 20, which included a $1.9 million payment on top of a faculty appointment paying $200,000 annually with an eight-month sabbatical. The complaint alleges that the board of regents, most of whom subsequently resigned at Gov. Michelle Lujan Grisham's request, negotiated the agreement in violation of New Mexico's open meetings law. Torrez is asking a judge to void the contract and reclaim the money, arguing that Shepard and the regents breached their fiduciary duties in handling public funds. The complaint alleges that the contract is "unconscionable" under the law and also violates the New Mexico Constitution's anti-donation clause. Shepard retorted Wednesday with a motion to dismiss the suit, accusing the attorney general of overreach, calling the lawsuit "a transparent effort to substitute its own views about the best interests of Western New Mexico University ... for those of the Board. While NMDOJ has many responsibilities, managing the University's financial affairs is not one of them." The motion further argues that Shepard had no fiduciary responsibility in negotiating his severance, which followed his announcement in December that he would resign amid increasing scrutiny of lavish spending at the university, located in Silver City. The controversy has prompted inquiries from the Office of the State Auditor as well as the State Ethics Commission. Shepard's motion argues that he and the former regents negotiated lawfully. "No amount of spin from Joseph Shepard's crisis communications consultants or his high-priced legal team is going to deter the New Mexico Department of Justice from holding him accountable for abusing the public trust and misusing taxpayer money," Torrez said in a written statement. "He may have convinced his pals on the Board of Regents at Western New Mexico University to hand him a golden parachute, but we intend to use every available resource to recover funds that should have gone towards supporting the teachers, staff and students at that institution. We look forward to responding to this filing and having our day in court." In a separate filing, former regents Mary Hotvedt, Daniel Lopez, Dal Mollenberg filed a response to Torrez's complaint on Wednesday, along with student regent Trent Jones. Lujan Grisham asked the entire board, a body appointed by the governor, to step down Dec. 31 after the severance agreement prompted criticism and outrage. Jones subsequently rescinded his resignation, according to court documents. The regents denied they or Shepard had breached their fiduciary responsibilities and argued the Department of Justice cannot challenge the validity of the contract since it is not a party to it and the regents have the authority to manage and govern the university. The former regents said they can no longer be sued in an official capacity nor be held personally liable. A joint resolution seeking constitutional changes specifying university boards' fiduciary duties and a legal path to remove regents passed its second legislative committee Wednesday. It moves next to the state House of Representatives for a vote.
USA Today
29-01-2025
- Politics
- USA Today
Superintendent Ruiz confirms students' safety amid national immigration policy change
Superintendent Ruiz confirms students' safety amid national immigration policy change Show Caption Hide Caption How far could Trump's executive orders on immigration go? President Donald Trump wasted no time signing executive orders related to his sweeping immigration crackdown after taking office. Las Cruces Public Schools Superintendent Ignacio Ruiz said students were safe amid an Executive Order by President Donald Trump which resulted in changes in U.S. Department of Homeland Security immigration enforcement policies. Trump issued an order Jan. 21 to allow U.S. Immigration and Customs Enforcement (ICE) to enter schools, healthcare facilities, and places of worship to conduct arrests, according to a new Department of Homeland Security policy. "Please be assured that every child, regardless of their immigration status, is welcome in our schools," Ruiz said. According to Ruiz's letter, district staff members are seeking legal guidance on how the order could impact schools and existing district policies and are reviewing the New Mexico Attorney General's guidance document. The New Mexico Constitution secures the right to a free education for "all children of school age in the state." Under a 1982 U.S. Supreme Court decision, Plyler v. Doe, all children, including those undocumented, have the same rights to attend public primary and secondary schools. Children in New Mexico are entitled to a free public education, irrespective of their immigration status. There are about 4,000 undocumented children between the ages of three and 17 years old enrolled in New Mexico Public Schools, according to the New Mexico Dept. of Justice. Las Cruces Public Schools do not collect any data regarding the immigration status of students or their family members to provide to any law enforcement agencies, according to Ruiz. "Las Cruces Public Schools is not responsible for enforcing federal immigration law. We will not initiate contact with federal immigration authorities to share student information. We will continue to comply with the Family Educational Rights and Privacy Act," the letter read. School administrators wishing to foster a learning environment that limits the fear of immigration enforcement on school grounds can establish policies restricting public access and requiring visitor authorization before entering school grounds, according to the New Mexico Dept. of Justice. Police officers may access non-public areas of a school if they have the school's prior consent, a judicial warrant authorizing entry, or during a genuine public safety emergency. ICE authorities can only enter non-public areas of a school after obtaining the school's consent or a court order. An ICE administrative warrant does not authorize I'm migration officials to access nonpublic, restricted areas of a school or to search school records, according to the New Mexico Attorney General's guidance document. Parents and caregivers need to keep their contact information current to ensure they receive current updates and information from Las Cruces Public Schools. Counselors are available at all schools, ready to assist students who might feel stressed or fearful due to changes in federal policies, the letter read.
