New Mexico in Focus; 1029; PPD NM Ethics Watch and Untested Rape Kits

>> FUNDING FOR NEW MEXICO INFOCUS PROVIDED BY THE MCCUNE CHARITABLE FOUNDATION AND THE NELITTA E. WALKER FUND FOR KNME-TV, KNME-TV ENDOWMENT FUND AND VIEWERS LIKE YOU. >> THIS WEEK ON NEW MEXICO INFOCUS, WHAT DOES IT MEAN TO BE ETHICAL WHILE SERVING IN PUBLIC OFFICE? >> PEOPLE SOMETIMES FIND THEMSELVES IN CONFLICTED SITUATIONS. SOMETIMES IT IS INNOCENT. SOMETIMES IT IS SORT OF WILLFUL. AND, BEING ABLE TO SEPARATE THOSE TWO IS IMPORTANT. >> AND WE LOOK AT WHAT IS BEING DONE TO ADDRESS A BACKLOG OF UNTESTED RAPE KITS ACROSS THE STATE. >> NEW MEXICO INFOCUS STARTS >> THANKS FOR JOINING US FOR NEW MEXICO INFOCUS. LATER IN THE HOUR, THE LINE OPINION PANEL LOOKS AT WHETHER OR NOT PARENTS OF THE STATE'S THIRD GRADERS WERE PROPERLY NOTIFIED ABOUT THEIR CHILDREN'S READING DEFICIENCIES. AND THE LINE DISCUSSES THE FUTURE OF NAFTA UNDER A TRUMP ADMINISTRATION. BUT, FIRST, WE TALK ABOUT THE GROWING LINE OF CANDIDATES

VYING TO BE THE NEXT MAYOR OF ALBUQUERQUE. LET'S GO NOW TO THE LINE. >> WHEN ALBUQUERQUE VOTERS GO TO THE POLLS IN OCTOBER OF THIS YEAR TO CHOOSE THE NEXT CITY LEADER, IT WILL BE THE FIRST MAYORAL CAMPAIGN IN 20 YEARS WITHOUT AN INCUMBENT ON THE BALLOT. >> AS RICHARD BERRY HAS NOT CHOSEN TO REELECTION, WHAT QUALITIES WILL YOU LOOK FOR IN THE NEXT MAYOR OF ALBUQUERQUE. TELL US WHAT YOU THINK. VISITING NEWMEXICOINFOCUS.ORG OR FIND US ON FACEBOOK OR TWITTER. I'M JOINED BY DANIEL FOLEY, FORMER HOUSE NEW MEXICO MINORITY WHIP. ANDY LYMAN IS BACK. HE'S A REPORTER WITH NM POLITICAL REPORTS. LAURA SANCHEZ-RIVET, AN ATTORNEY AT CUDDY & MCCARTHY, LLP. TOM GARRITY OF THE GARRITY GROUP, PR. THE RACE FOR THE TOP SPOT GOT A BIT MORE CROWDED IN THE LAST FEW DAYS. SOME CANDIDATES ANNOUNCING THEIR BIDS OVER THE WEEKEND, CITY COUNCILOR DAN LEWIS AND FORMER DETECTIVE MICHELLE GARCIA HOLMES AND TIM KELLER. HE JUST DECLARED HIS CANDIDACY ON WEDNESDAY. >> THEY JOIN FORMER BERNALILLO COUNTY COMMISSIONER DEANNA ARCHULETA WHO OFFICIALLY ANNOUNCED LAST MAY, IF YOU RECALL THAT, AND CITIZEN

ACTIVIST STELLA PADILLA MADE HER ANNOUNCEMENT AT A NEW YEAR'S EVE EVENT. SEVERAL OTHER CANDIDATES ARE SEEN AS LIKELY TO RUN AND YOU AND JOEY PETERSON COVERED THIS STORY RECENTLY IN THE POLITICAL REPORT. YOUR TAKE ON OFFICIAL AND UNOFFICIAL LIKELY CANDIDATES? IS IT GOING TO BE AS CROWDED AS WE THINK, AND, IF SO, WHY? WHAT IS GOING ON? >> INITIALLY IT WILL BE CROWDED. THERE ARE DEADLINES -- ACTUALLY A FEW PEOPLE GOING IS PRETTY BIG REQUIREMENTS THERE BY THE SPRING, I THINK, APRIL. I THINK THAT IS GOING TO PARE DOWN THE LIST A LITTLE BIT. YOU HAVE TO HAVE A NUMBER OF SIGNATURES PLUS MONEY PER SIGNATURE. THOSE REQUIREMENTS MAY -- I GUESS WE ARE GOING TO HAVE TO WAIT AND SEE IF EVERYONE CAN DO THAT. IT IS KIND OF A BIG TASK. >> ABSOLUTELY. TOM IS THIS EARLY TO YOU? I AM THINKING ABOUT MAYORAL CYCLES IN THE PAST. IT SEEMS ABOUT RIGHT ON THE NUMBER BUT THIS MANY THIS EARLY? THIS SEEMS UNUSUAL. >> YEAH, YOU KNOW, WITH THE POTENTIAL OF AT LEAST 13 DIFFERENT CANDIDATES ON THE

BALLOT THAT WE KNOW OF, IT IS CANDIDATES TO NEED TO FOCUS ON BUILDING THEIR BASE AND THEN THE NAME RECOGNITION FACTOR IS GOING TO COME IN HUGE, HUGE. SO, YOU KNOW. >> ANYBODY HAVE AN EARLY LEAD ON THE NAME RECOGNITION PART? A LOT OF THESE FOLKS I READ OFF AT THE BEGINNING, THEY HAVE BEEN AROUND TOWN FOR A LONG TIME DOING GOOD WORK IN DIFFERENT CAPACITIES BUT NOT PUBLIC CAPACITIES. >> A LOT OF INSIDERS. BRIAN COLOGNE WOULD BE CONSIDERED AN INSIDER BUT AS FAR AS AN INSIDE NAME BUT THEN WHEN YOU LOOK AT TIM KELLER, SOMEBODY WHO HAS BEEN A STATE SENATOR, DEANNA ARCHULETA, FORMER COUNTY COMMISSIONER, THEY HAVE A TRACK RECORD OF KNOWING HOW TO RUN CAMPAIGNS AND WIN. THAT COULD COME INTO THEIR BENEFIT AS WELL. AND THERE ARE A LOT OF NO NAMES OUT THERE. AS WELL, WE ARE HAVING TO LOOK AND SAY, HOW DO YOU SAY THEIR NAME? SO, WHO KNOWS MAYBE THEY HAVE A WHOLE BASE OF SUPPORT THAT NOBODY KNOWS ABOUT. WE SAW THAT PLAY OUT IN THE REPUBLICAN PRESIDENTIAL CAMPAIGN. >> GOOD POINT THERE. DANIEL, THERE ARE TWO KINDS OF RACES, ONE WHERE YOU ARE LEANING AGAINST THE INCUMBENT AND NOW WE HAVE ONE LIKE THIS

WIDE OPEN. HOW DOES THAT CHANGE THE LANDSCAPE FOR FOLKS GETTING IN? IS IT A DIFFERENT OPPORTUNITY WHEN YOU'RE NOT ABLE TO SAY, I DON'T LIKE THIS GUY. >> IT IS HARD TO RUN AGAINST -- HARD TO INVOKE THE NEGATIVE. SAY, I AM NOT AS BAD AS A CHOICE AS THE OTHER GUY. EVERYONE IS GOING TO COME IN WITH IDEAS. YOU'RE GOING TO HAVE TO STAND ON YOUR OWN IDEAS, YOU KNOW. AS THE CAMPAIGNS REALLY START TO GEAR UP, THERE IS NOBODY OTHER THAN PROBABLY PETE DINELLI WHO HAS SOME EXPERIENCE AT THE GOVERNMENT LEVEL, CITY GOVERNMENT LEVEL, THAT YOU WOULD BE ABLE TO DRAW, YOU KNOW, A CONTRAST TO WHAT HE HAS DONE. HARD TO SAY, I WOULDN'T DO WHAT THAT STATE SENATOR DID IF I WAS MAYOR. THERE IS ALSO, YOU KNOW, WE GOT A GUY WHO HAS BEEN ON THE SHOW A FEW TIMES, EDDIE ARAGON, OWNS HIS OWN RADIO STATION, ON THE RADIO EVERY DAY. AND IF I REMEMBER CORRECTLY, I THINK EDDIE WAS EARLY TRUMP GUY. AND, SO, YOU KNOW THIS COULD BE A UNIQUE OPPORTUNITY. YOU KNOW, I AM GOING TO TAKE A

SPIN ON THIS AND SAY MORE THAT IT IS INTERESTING TO SEE IS DONALD TRUMP THE KIND OF GUY, ONE OF THE TOP 20, 25 CITIES IN AMERICA, IT IS A VERY HISPANIC COMMUNITY, A BORDER STATE, YOU KNOW, DO YOU SEE A GUY LIKE DONALD TRUMP SHOW UP AND HELP A GUY THAT HELPED HIM, WAS FOR HIM EARLY ON. THE DON SEEMS TO REMEMBER THAT, SEEMS TO LIKE TO GET INVOLVED IN THIS KIND STUFF. THIS RACE IS AT A TIME THAT IT IS GOING TO BE A LITTLE BIT INTO HIS ADMINISTRATION SO HE IS GOING TO HAVE POTENTIALLY HAVE A LITTLE BIT OF TIME BUT IT IS GOING TO BE INTERESTING TO SEE DOES A GUY LIKE EDDIE ARAGON WITH EARLY SUPPORT OF PRESIDENT TRUMP, IS HE ABLE TO INVOKE THAT NAME AND BRING SOMEONE, AND, YOU KNOW, MOST PEOPLE WOULD TELL YOU THAT A PRESIDENT WOULD NEVER COME DO THAT. DONALD TRUMP IS NOT YOUR TYPICAL PRESIDENT. >> SEE WHERE HE SITS IN THE FALL, THOUGH, MR. TRUMP, HE COULD BE, YOU KNOW, IN BIG TROUBLE. >> WON'T MATTER TO HIM. >> HE'LL COME IF HE CAN COME. >> LAURA, I AM INTERESTED IN THE PARTISAN ANGLE ON THIS. OUR CITY COUNCIL RACES, MAYORAL RACE, ARE NONPARTISAN

BUT THEY REALLY ARE IN A LOT OF WAYS. EVERYONE HAS THEIR OWN CAMP THEY BRING TO THE TABLE, DOES HAVE A WIDE OPEN SEA CHANGE THAT DYNAMIC IN YOUR VIEW? THE IDEA THAT IT COULD BE A MORE PARTISAN THAN NOT? >> WELL, I THINK CITY ELECTIONS ARE IN THEORY SUPPOSED TO BE NONPARTISAN BUT THERE IS ALWAYS BEEN AN ELEMENT OF PARTISANSHIP TO IT ELECTORAL SYSTEM IS SET UP. WHEN IT COMES TO GETTING OUT THE VOTE REACHING OUT TO YOUR BASE, IT STILL FOLLOWS ON PARTY LINES. THAT MEANS INDEPENDENTS ARE SOMEWHAT AT A DISADVANTAGE AND THAT IS I THINK WHERE RAISING MONEY MAKES A DIFFERENCE. IF THEY ARE ABLE TO RAISE ENOUGH MONEY TO REACH OUT TO OTHER SWING VOTERS, INDEPENDENTS, WE KNOW THERE IS A LOT OF PEOPLE WHO VOTE INDEPENDENT AND WHO ARE REGISTERED DECLINED TO STATE, BUT THEY ARE NOT NECESSARILY ENGAGED THROUGH A MACHINE LIKE THE TWO PARTIES ARE. SO, I THINK IT MAKES IT MORE DIFFICULT FOR THEM BUT CERTAINLY THE PEOPLE WHO HAVE BEEN PART OF THE RANK AND FILE PARTIES, ACTIVE, I THINK, HAVE A STRUCTURE ALREADY IN PLACE THEY CAN WORK ON.

AND ONE THING I WANT TO SAY TO DAN'S COMMENT NOBODY BUT PETE DINELLI HAS EXPERIENCE AT THE CITY. DAN LEWIS AND KEN SANCHEZ, THEY HAVE MORE EXPERIENCE PROBABLY THAN PETE DINELLI JUST GIVEN THEIR POSITIONS ON CITY COUNCIL, BUT KEN SANCHEZ IS ON THE FENCE WHETHER HE RUNS AGAIN. JUST ANNOUNCED RECENTLY. IT IS A CROWDED FIELD AND THAT IS AN ADVANTAGE TO CERTAIN PEOPLE. CYNICALLY, THERE IS AT LEAST ONE CANDIDATE WHO WOULD LIKE TO SEE MORE PEOPLE BECAUSE THE MATH LINES UP IF THERE IS MORE PEOPLE ON THERE, HE CAN TAKE MORE PEOPLE AND PUMP UP HIS VOTE. SO, HE FOCUSES ON A SMALLER SORT OF PIECE OF THE PIE. ULTIMATELY, THERE IS NO PRIMARY. YOU'RE TALKING ABOUT SOMEBODY WHO HAS TO GET 50% OR MORE IN THE ELECTION IN OCTOBER AND IF NOT THEN THERE IS A RUNOFF. EVEN IF THE FIELD NARROWS, THERE IS STILL GOING TO BE A RUNOFF. >> I AM THINKING THE SAME THING, RUN OFF IS LIKELY. >> THERE IS A LOT OF PEOPLE YOU GET TO A CERTAIN POINT WHERE IT IS MATHEMATICALLY DETERMINED THAT NO ONE GETS 50%. I THINK THERE IS SEEMS TO BE A LOT OF DEMOCRAT OR LEFT LEANING PEOPLE IN THERE AT SOME POINT, THERE HAS TO BE

DECISION MADE WE GOT TO PARE THIS DOWN OURSELVES OR ELSE WE ARE GOING TO HAND IT OFF TO THE OTHER SIDE. >> I AM GLAD YOU MENTIONED SOMETHING BY THE WAY. IT IS NOT -- THE OFFICE, OF COURSE, OF MAYOR IS CONNECTED TO EVERYTHING ELSE, MEANING CITY COUNCIL, I AM THINKING ABOUT. IF YOU HAVE A MAJORITY ON THE CITY COUNCIL ONE WAY OR THE OTHER, WHEN YOU HAVE A MATCHING MAYOR IN THAT OFFICE THAT COINCIDES WITH THAT MAJORITY, I HAVE TO THINK GOING BACK TO THE PARTISAN THING THAT HAS TO BE PART OF THE PLAN FOR BOTH PARTIES HERE. THERE IS WAYS TO AFFECT CHANGE IF YOU HAVE A MAJORITY ON THE CITY COUNCIL AND EITHER DEMOCRAT -- >> WE SAW THAT IN THE CITY COUNCIL RACE, TOO. YOU HAD BRAD WINTER REALLY TRYING TO DEFEND THAT SEAT AND IT WAS THE REPUBLICANS IN THE CITY SAYING WE CAN'T LOSE THIS SEAT BECAUSE THAT IS OUR BALANCE THERE; RIGHT? >> THAT IS RIGHT. >> WE CAN'T GIVE THE WHOLE COUNCIL AWAY. >> INTERESTING. TOM PICK UP ON THAT IF YOU WOULD. THESE THINGS DON'T HAPPEN IN A VACUUM. THE MAYOR CAN'T DO EVERYTHING. COUNCIL DOES A LOT THINGS, THE ABILITY TO WORK WITH EACH. I DON'T KNOW IF THAT IS GOING TO BE A CAMPAIGN ISSUE OR NOT BUT IT HAPPENS. THAT IS FOR SURE.

>> YEAH. TO PLAY OFF OF THE CAMPAIGN ISSUES THAT WILL COME UP, ECONOMIC DEVELOPMENT, YOU KNOW, MAYOR BERRY MADE HIS LONG PLAY WITH TECHNOLOGY. WILL THE NEW MAYORAL OR THE TOP MAYORAL CANDIDATES HAVE A DIFFERENT VIEW OF ECONOMIC DEVELOPMENT? AND, OF COURSE, POLICE, AND, YOU KNOW, HOW THE POLICING TAKES PLACE IN ALBUQUERQUE, TOP ISSUE AS WELL. TO THAT EXTENT, THOSE WILL BE TWO OF THE TOP ONES. >> WE HAVE A MINUTE HERE. TOM MENTIONED TIM KELLER MADE A POINT TO SAY ON JOE MONAHAN'S BLOG HE GETS RID OF CHIEF EDEN ON DAY ONE. I HAVE TO THINK CHIEF EDEN IS GOING TO BE AN ISSUE IN THIS CAMPAIGN. THAT APD, BUT BIGGER THAN THAT, CHIEF IS GOING TO BE. WOULD YOU AGREE THAT? THAT IS GOING TO BE AN ISSUE OR MAYBE THE ISSUE GOING INTO THIS? >> I THINK IT IS GOING TO BE ONE ISSUE. THERE IS A LOT OF OTHER ISSUES THAT THE CITY HAS, IT FACES RIGHT NOW. THERE IS A LOT OF ECONOMIC DEVELOPMENT CHALLENGES. WE HAVE GOT A LOT OF CHANGES

THAT ARE HAPPENING POTENTIALLY AT THE FEDERAL LEVEL THAT COULD AFFECT THE CITY. WE NEED SOME STRONG LEADERSHIP BUT I THINK THE EDEN ISSUE AND THE WAY ADMINISTRATION IN GENERAL, NOT JUST THE CHIEF, BUT BERRY'S ADMINISTRATION, HOW THEY HAVE DEALT OR NOT DEALT WITH THE APD ISSUE AND THE INVOLVEMENT OF THE DOJ, I MEAN, THAT IS A HUGE ISSUE THAT ANYONE WHO TAKES OVER IS GOING TO FACE AND HAVE TO ADDRESS THROUGHOUT THE CAMPAIGN. I THINK, THOUGH, INTERESTINGLY FOR ME, TIM KELLER TAKING PUBLIC FINANCE, AND THERE HAS BEEN A COUPLE PEOPLE ALREADY SAID THEY WANT TO DO PUBLIC FINANCE, SOME OF THE BIGGER NAMES OR THE PEOPLE WHO HAVE NAME ID HAVE DECIDED NOT TO DO PUBLIC FINANCE. WHEN YOU LOOK AT 900,000 THAT BERRY RAISED IN THE LAST ELECTION. >> 1.1 MILLION. >> THAT MARTY CHAVEZ RAISED FOR HIS ELECTION LAST TIME, REALLY YOU'RE LOOKING AT 379,000 IS A DROP IN THE BUCKET COMPARED TO THOSE AMOUNTS. AND IT IS A REAL CHALLENGE FOR THEM TO GET THEIR NAME OUT AND BUY TV IN A MARKET LIKE THIS, IF THEY DON'T HAVE THE MONEY. >> ESPECIALLY IF IT IS CROWDED. ANOTHER 30 SECONDS.

PICK UP ON THAT, THAT IDEA THAT MONEY IS THE THING THAT TURNS THE KEY. >> IT ALWAYS IS. ESPECIALLY IF YOU HAVE A CROWDED FIELD. IT IS WHO CAN GET THEIR MESSAGE OUT FIRST, CONSISTENT AND STAY IN FRONT OF PEOPLE, AS OUR PR GURU WOULD TELL YOU, I THINK THAT IS A MOVE. SO THOSE WITH THE MOST MONEY -- YOU RARELY SEE SOMEONE WITH LEAST MONEY WIN ELECTIONS. THE OTHER THING IT IS INTERESTING TO SEE, IT IS GOING TO BE THE FIRST OPPORTUNITY, REAL FIRST OPPORTUNITY, FOR THE RAPID TRANSIT TO REALLY BE TOPIC OF CONVERSATION. IS THIS GOING TO BE SOMETHING THAT BECOMES A MAJOR FOCAL POINT THAT WE WIND UP WITH THIS PARTIALLY STARTED PROJECT THAT ALL OF A SUDDEN WE SAY, JUST STOP, GO BACK TO DOING WHAT WE WERE DOING, BECAUSE THERE IS SOME, NOT ONLY PRETTY UPSET PEOPLE, BUT PRETTY WEALTHY UPSET PEOPLE. AND IF YOU'RE INVOLVED IN A MAYOR'S RACE, YOU KNOW, A GROUP OF PEOPLE GETTING TOGETHER AND PUTTING TOGETHER A CHECK FOR YOU, PUTTING TOGETHER SOME STUFF FOR YOU, CAN MAKE A DIFFERENCE IN A RACE LIKE THIS. >> THE OTHER THING THAT IS IMPORTANT IS DEVELOPMENT AND GROWTH IN CERTAIN PARTS. SANTALINA HAS BEEN A HUGE

ISSUE AND THERE IS A COUPLE CANDIDATES, I THINK, TIM KELLER, ONE, WHO OPPOSED SANTALINA DEVELOPMENT, SO THAT IS AN ISSUE ALSO FOR A LOT OF VOTERS. >> FOR PEOPLE THAT WRITE CHECKS AS DAN MENTIONED THAT IS A BIG DEAL. >> WE'LL END. WHEN THE LINE PANEL RETURNS WE'LL DISCUSS CONCERNS ABOUT THE FUTURE OF THE NORTH AMERICAN FREE TRADE AGREEMENT UNDER A TRUMP ADMINISTRATION. >> WHAT DOES IT MEAN TO BE ETHICAL WHILE SERVING IN PUBLIC OFFICE? THAT IS A BIG QUESTION RIGHT NOW IN U.S. AND ALSO HERE IN NEW MEXICO. THERE HAVE BEEN SEVERAL BILLS INTRODUCED IN THE LEGISLATURE IN RECENT YEARS THAT WOULD HAVE INCREASED OVERSIGHT OF CAMPAIGN FINANCE SPENDING BUT MOST HAVEN'T GOTTEN VERY FAR IN THE LEGISLATIVE PROCESS. THERE HAVE ALSO BEEN CALLS FROM SOME LAWMAKERS AND OUTSIDE GROUPS TO CREATE AN INDEPENDENT ETHICS OVERSIGHT COMMISSION FOR GOVERNMENT OFFICIAL HERE IN NEW MEXICO. THIS WEEK WE ARE KICKING OFF OUR 2017 COVERAGE FOR THE PEOPLE, POWER AND DEMOCRACY PROJECT, A COLLABORATIVE REPORTING PROJECT WITH KUNM, NEW MEXICO IN-DEPTH AND NEW MEXICO NEWS PORT. MEXICO ETHICS WATCH TO JOIN US

TO TALK ABOUT WHY ETHICS >> WE ARE HERE TODAY WITH VIC BRUNO, TREASURER OF NEW MEXICO ETHICS WATCH. DOUGLAS CARVER, EXECUTIVE DIRECTOR. THANK YOU BOTH FOR BEING HERE. >> THANK YOU. >> SO, DOUG, LOTS OF PEOPLE ARE CONCERNED ABOUT THE INFLUENCE OF MONEY IN POLITICS CAMPAIGN CONTRIBUTIONS AND OUTSIDE GROUPS THAT ARE SPENDING MONEY ON TELEVISION ADS. YOU GUYS ARE FOCUSING ON SOMETHING SPECIFIC. >> THAT IS CORRECT. CAMPAIGN FINANCE DISCLOSURE IS IMPORTANT AND WHO IS FUNDING CAMPAIGNS IS IMPORTANT BUT NO ONE IN THIS STATE IS REALLY LOOKING AT THE PERSONAL STATEMENTS THAT MOST ELECTED OFFICIALS AND CABINET SECRETARIES AND OTHER STATE OFFICIALS NEED TO FILE. AND SO NEW MEXICO ETHICS WATCH DECIDED TO TAKE A LOOK AT THOSE AND WE'RE SOMEWHAT SURPRISED AT WHAT WE FOUND. >> WHAT DID YOU FIND? >> WE FOUND THAT NO ONE SEEMS TO BE LOOKING AT THESE FORMS

AFTER THEY ARE FILED. WE EXAMINED OVER 560 OF THEM AND WE WERE RATHER STUNNED TO FIND THAT MANY OF THEM ARE FILLED OUT INCORRECTLY, NOT SIGNED, HAVE NO INFORMATION ON THEM, AND THEN LOOKING DEEPER INTO THE FINANCIAL DISCLOSURE ACT, WHICH IS THE ACT WHICH REQUIRES PEOPLE TO FILE THESE FORMS, THE ACT IS SO FULL OF LOOPHOLES AND REQUIRES GENERALITY IN REPORTING, THAT EVEN IF THE FORM IS FILLED OUT PERFECTLY CORRECTLY, THE PUBLIC KNOWS NOTHING ABOUT THE FINANCES OF THE OFFICIAL WHO SUBMITTED THE FORM. >> VIC, YOU WORK IN REAL ESTATE, AM I RIGHT? >> I DO. >> HOW IMPORTANT IS IT THAT THESE FOLKS TELL US WHAT THEIR PERSONAL BUSINESS DEALINGS ARE? IS THIS KIND OF ETHICAL DISCLOSURE SOMETHING THAT YOU DEAL WITH IN YOUR WORK? >> ABSOLUTELY. YOU KNOW, THE NATIONAL ASSOCIATION OF REALTORS WHICH EMITS THE REALTOR BRAND THAT YOU HEAR ABOUT, HAS ITS OWN CODE OF ETHICS AND THAT IT HAS BEEN IMPROVED, UPDATED

AND HAS AN ENFORCEMENT PROCESS WHERE THE PUBLIC IS INVITED TO BRING A COMPLAINT AGAINST A REALTOR IF THEY FEEL THEY HAVE BEEN DISADVANTAGED SOME WAY. AND THERE IS A FORMAL PROCESS FOR DEALING WITH THAT. ONE OF THE THINGS THAT WE FIND IN REAL ESTATE, WHICH IS SORT OF AKIN TO WHAT YOU FIND IN THE POLITICAL SPECTRUM AND ELSEWHERE IN BUSINESS AND REAL LIFE IS THAT PEOPLE SOMETIMES FIND THEMSELVES IN CONFLICTED SITUATIONS. SOMETIMES IT IS INNOCENT. SOMETIMES IT IS SORT OF WILLFUL. AND, BEING ABLE TO SEPARATE THOSE TWO IS IMPORTANT. AND HAVING A PROCESS TO VET THAT IS ALSO IMPORTANT. IN THE POLITICAL SPECTRUM, YOU KNOW, WE LOOK TO OUR ELECTED OFFICIALS TO PRESERVE THE PUBLIC TRUST. WE ARE THE PUBLIC, AND WHEN THEY COMMIT A BAD ACT, YOU KNOW, WE HAVE TO HAVE A WAY TO

KNOW ABOUT IT. FINANCIAL DISCLOSURES ARE A WAY FOR THEM TO HOLD THEMSELVES ACCOUNTABLE BY PROPERLY FILLING THEM OUT AND FOLLOWING THOSE EXPECTATIONS ABOUT CONFLICTS WITH WHAT THEY ARE INVOLVED WITH TO THE LETTER. AND, WHEN THEY DON'T, THERE SHOULD BE A PROCESS FOR HOW DO WE DEAL WITH THAT? HOW DO WE GET THEM TO STOP THAT BEHAVIOR AND THAT SORT OF THING. SO, USUALLY, IN THE REAL ESTATE WORLD IT IS A SMALL MINORITY OF PEOPLE, ONE, TWO, 3% OF REALTORS MIGHT FIND THEMSELVES IN THAT POSITION. AND, I EXPECT IT IS THE SAME IN THE POLITICAL SPECTRUM. MOST PEOPLE GO WITH A GOOD INTENTION OF PRESERVING THE PUBLIC TRUST AND SOMETIMES THEY JUST KIND OF GO ASTRAY. >> BUT, SO, WHAT ARE THE KIND OF THINGS THAT IF THIS SYSTEM WERE WORKING WE WOULD BE TURNING UP IN THESE FORMS? >> WELL, THE INITIAL IMPETUS WAS CURIOSITY ABOUT HOW LEGISLATORS VOTE. AND, WHETHER THOSE VOTES MIGHT AFFECT SOMETHING IN THEIR PERSONAL FINANCIAL PORTFOLIO.

THERE IS NO WAY TO TELL FROM WHAT WE SEE. SO THE KIND OF THING THAT MIGHT TURN UP IS YOU VOTED FOR A BIT OF LEGISLATION THAT HELPS INVESTMENTS THAT YOU HAVE OR YOUR FAMILY HAS. OR PERHAPS YOU HAD A CAPITAL OUTLAY PROJECT FUNDED THAT ENDS UP INCREASING THE VALUE OF YOUR PROPERTY. I KEEP USING THE EXAMPLE WHEN I TALK TO PEOPLE ABOUT, FORMER SPEAKER OF HOUSE OF THE REPRESENTATIVES, BACK EAST, AND HE GOT IN TROUBLE FOR A LOT OF MORE SERIOUS THINGS BUT BECAUSE THEY HAVE BETTER FINANCIAL DISCLOSURE THERE, IT WAS FOUND THAT HE HELPED TO GET FUNDED A ROAD EXPANSION NEAR A PIECE OF PROPERTY HE HAS. AND THE PROPERTY VALUE OF THAT SKY ROCKETED. WE WOULDN'T BE ABLE TO TELL THAT WITH OUR FINANCIAL DISCLOSURES. BECAUSE NOT ONLY ARE THE REQUIREMENTS GENERAL, THERE IS A WHOLE SEPARATE QUESTION OF WHAT IS GOING ON WITH CAPITAL OUTLAY AND HOW OBSCURE THAT PROCESS IS. >> YOU MENTIONED NOBODY IS

LOOKING AT THE FORM. I KNOW NOBODY LOOKS AT THE FORM BECAUSE I HAVE LOOKED AT THEM AND ASKED OTHER PEOPLE ABOUT THEM AND NO ONE HAS A CLUE. SO, VIC, IS IT A PROBLEM THAT THERE IS NO AUDIT OF THESE THINGS AND THAT THEY KNOW NO ONE IS LOOKING AT THEM? IS THAT PART OF THE REASON THEY ARE HAPHAZARDLY FILLED OUT? >> WHEN PEOPLE ARE ABLE TO OPERATE ESSENTIALLY IN THE DARK, ALL BAD THINGS CAN HAPPEN IN THE DARK, NOT IN THE LIGHT OF DAY. AND THEY ARE TUCKED AWAY, SURE THAT IS WHEN THINGS KIND OF CAN HAPPEN. >> I WOULD LIKE TO ELABORATE ON THAT A LITTLE BIT. I KNOW SECRETARY OF STATE'S OFFICE IS INCREDIBLY OVERBURDENED AND INCREDIBLY UNDERFUNDED AND I DO WANT TO EMPHASIZE THE FACT THAT OUR REPORT WAS COMPLETED AND RESEARCH COMPLETED BEFORE THE PRESENT SECRETARY OF STATE TOOK OFFICE. SO, WHAT WE FOUND, THE OVERSIGHTS WE FOUND FROM 2014 TO 2016, WERE BEFORE SECRETARY TOULOUSE OLIVER TOOK OVER BUT IT IS EVIDENCE NO ONE IS

LOOKING AT THESE AND NOT JUST LEGISLATORS, WE MENTIONED LEGISLATORS BUT CABINET SECRETARIES, LIEUTENANT, GOVERNOR AND ONE BIG PROBLEM IS THAT NO ONE REALLY KNOWS EXACTLY WHO IS SUPPOSED TO BE FILING THESE. THE STATUTE SAYS, APPOINTED OFFICIALS, STATE-WIDE ELECTED LEGISLATORS, PEOPLE ON BOARDS AND COMMISSIONS, AND THEN WE HAVE ANOTHER VERY VAGUE REQUIREMENT THAT SAYS, IF YOU HAVE A FINANCIAL CONFLICT THEN YOU SHOULD SUBMIT A STATEMENT TO THE SECRETARY. SINCE THE SECRETARY OF STATE'S OFFICE STOPPED A NUMBER OF YEARS AGO POSTING THEM ONLINE, NO ONE CAN LOOK AND SEE WHAT IS THERE. AND THERE IS NO LIST OR ANYTHING TO LET THE PUBLIC KNOW WHO SHOULD BE FILING AND WHETHER OR NOT THEY MISSED A FILING. SO, THERE IS NO ACCOUNTABILITY AT ALL. AND THAT IS EVEN BEFORE WE GET TO THE PROBLEMS WITH THE LAW. AS I SAID BEFORE, IF EVERYTHING WAS DONE CORRECTLY, SECRETARY LOOKED AT ALL OF THEM, THE LAW IS SO VAGUE, SO GENERAL BY DESIGN, THAT WE STILL WOULDN'T KNOW ANYTHING

ABOUT THE FINANCES AND POSSIBLE CONFLICTS OF INTEREST WITH OUR STATE OFFICIALS. >> I THINK THERE IS ANOTHER POINT THAT MAYBE IS WORTH DISCUSSION AND THAT IS ISSUE OF PRIVACY. YOU HAVE TO -- THE PROCESS HAS TO BALANCE THE INDIVIDUAL'S PRIVACY THAT HAS TO FILE THESE THESE DISCLOSURES, HOW DEEP DO YOU GO, AGAINST THE RIGHT OF THE PUBLIC TO KNOW. THAT IS A DIFFICULT THING AND THAT IS WHERE ETHICS DISCUSSION COMES INTO PLAY. >> IT IS UNCOMFORTABLE CERTAINLY TO PUT OUT YOUR HOME ADDRESS AND DETAILS ABOUT YOUR PERSONAL FINANCES AND INVESTMENTS AND YOUR WORK OUT THERE, BUT IT IS IMPORTANT FOR THE PUBLIC TO SEE THAT STUFF? >> SURE. AND I THINK THAT RECOMMENDATION OF NEW MEXICO ETHICS WATCH IS TO ACTUALLY HAVE THE SECRETARY OF STATE POST THAT ON THE WEBSITE RATHER THAN HAVING TO FILE INFORMATION REQUESTS. >> HAVE YOU TALKED TO HER ABOUT IT? >> I HAVEN'T TALKED TO HER ABOUT IT. I HAVE SPOKEN WITH PEOPLE IN HER OFFICE ABOUT THE REPORT

AND GAVE A GENERAL SENSE OF OUR RECOMMENDATIONS AND WE PROVIDED SECRETARY'S OFFICE WITH A COPY OF THE REPORT. I ANTICIPATE THAT SOME ACTION WILL BE TAKEN. THE OFFICE HAS BEEN, AS EVERYONE KNOWS, BEEN IN DISARRAY FOR A COUPLE OF YEARS. WE ARE ALL HOPING FOR GOOD THINGS OUT OF THE SECRETARY'S OFFICE. WE NEED TO RIGHT THAT SHIP. >> SO, ONE OF THE THINGS WE OFTEN HEAR ABOUT WHEN THESE ETHICS ISSUES COME UP IS THAT, YOU KNOW, THIS IS JUST A POLITICAL TOOL. THIS IS, YOU KNOW, FOLKS TRYING TO TARGET ELECTED OFFICIALS OR PUBLIC OFFICIALS FOR POLITICAL REASONS. SO, WHO ARE YOU PEOPLE? >> I'LL TAKE A STAB AT THAT. >> WHO ARE YOU? >> LISTEN, THIS IS A BIPARTISAN, YOU MIGHT SAY, NONPARTISAN GROUP. AND IT IS VERY IMPORTANT TO KNOW THAT. WE DON'T GIVE UP OUR OWN INDIVIDUAL IDEOLOGY FROM WHATEVER POLITICAL SPECTRUM WE COME FROM AND IT IS INTERESTING, CERTAINLY EXCITING TO ME, TO BE ABLE TO COME TOGETHER, REPUBLICANS AND DEMOCRATS, OVER A COMMON CAUSE.

WE RECOGNIZE THE VALUE OF GOOD GOVERNANCE AND WHAT YOU HAVE TO DO TO GET THERE. SO WE DON'T GIVE UP OUR IDEOLOGY ABOUT HOW EDUCATION SHOULD BE DONE OR HOW THIS SHOULD BE DONE OR WHATEVER. THOSE BATTLES WILL CONTINUE. HOPEFULLY WE FIND GOOD BENEFIT TO THE PUBLIC THAT NEEDS TO BE SERVED. THE IDEA OF ETHICS IS NOT PARTY SPECIFIC. IT AFFECTS EVERYONE. >> DOUG, NEW MEXICO ETHICS WATCH SUPPORTS THE IDEA OF CREATING AN INDEPENDENT ETHICS COMMISSION WHICH IS A CONCEPT WE HAVE SEEN IN THE LEGISLATURE OVER AND OVER. WHAT WOULD THAT CHANGE IN YOUR MIND? >> THAT IS AN EXCELLENT QUESTION AND IN FULL DISCLOSURE, I SHOULD LET YOU AND VIEWERS KNOW I HAD WORKED ON SOME OF THE LEGISLATIVE PROPOSALS THAT LOOK LIKE THEY ARE GOING TO REAPPEAR IN THIS SESSION WHEN I WAS AT THE COUNCIL SERVICE. IT IS HARD TO KNOW WHAT THE COMMISSION WOULD CHANGE BECAUSE IT WOULD DEPEND ON HOW THE COMMISSION WAS CREATED. THERE IS A GREAT RISK THAT YOU

CREATE SOMETHING CALLED ETHICS COMMISSION THAT IS JUST A SHELL COMMISSION. AND THAT MIGHT POSSIBLY DO MORE HARM THAN GOOD. BUT, AN ETHICS COMMISSION THAT IS GROUNDED IN THE CONSTITUTION, HAS TRUE INDEPENDENCE FROM ANY ONE BRANCH OF GOVERNMENT, HAS INDEPENDENT AUTHORITY FOR INVESTIGATIONS, SUBPOENA POWER AND OPERATES TRANSPARENTLY, IS SOMETHING I THINK WOULD HELP FOCUS THE PUBLIC'S ATTENTION AND PUBLIC'S MIND ON ETHICS IN THE STATE AND HELP PROVIDE GREATER ACCOUNTABILITY FOR OUR PUBLIC OFFICIALS. >> VIC, THIS PROPOSAL IS COMING UP AT A TIME WHEN THE LEGISLATURE IS TRYING TO FIND MONEY TO FINISH THIS FISCAL YEAR AND NEXT ONE. DO WE NEED MONEY TO DO THIS? >> WELL, NEW MEXICO ETHICS WATCH IS ITS OWN ORGANIZATION. WE ARE NOT THE GOVERNMENT. >> ASKING THE GOVERNMENT TO SPEND MORE TIME LOOKING AT THESE FORMS, POSTING THEM, CREATING AN ETHICS COMMISSION, COSTS MONEY. >> SURE, I MEAN, YOU HAVE TO ALLOCATE STAFF RESOURCES, FOR EXAMPLE, IN THE SECRETARY OF STATE'S OFFICE, BUT SOME OF THE THINGS THAT CAN BE DONE ARE ACTUALLY PRETTY SIMPLE,

DATE STAMPING FORMS PROPERLY, MAKING SURE THEY ARE PROPERLY FILLED OUT. SO, SOMEBODY ON THE RECEIVING END THAT IS ALREADY DOING THAT, MIGHT JUST NEED A LITTLE HELP UNDERSTANDING THE BENEFIT OF DOING IT DIFFERENTLY. >> IF I COULD ADDRESS THE POINT ON THE BUDGET ISSUE. I LOOKED AT COSTING OF THE ETHICS PROPOSALS LAST YEAR AND REPRESENTATIVE DINES' CONSTITUTIONAL AMENDMENT CAME IN AROUND 390,000. THEY ONLY HAD TWO FDE'S, I THINK. >> FULL-TIME EQUIVALENT EMPLOYEES. AND REALISTICALLY, THEY WOULD HAVE TO HAVE A PARALEGAL AND ADMINISTRATIVE ASSISTANT, SO, LET'S SAY 500,000. JUST BALLPARK IT. REPRESENTATIVE EGOFF, THEN REPRESENTATIVE EGOFF'S, BILL CAME OUT AT AROUND 1.1 MILLION. THE STATE BUDGET IS 16, 17 BILLION AND WE REALIZE TIMES ARE TIGHT. EVERYONE KNOWS THERE IS BELT TIGHTENING GOING AROUND, BUT I DON'T THINK THE LEGISLATURE CAN DODGE AND SAY WE DON'T HAVE THE MONEY. THEY NEED TO BE HONEST AND SAY, WE DON'T CONSIDER THIS A PRIORITY AND THEREFORE WE

DON'T WANT TO FUND IT. YOU HAVE TO MAKE TOUGH CHOICES IN TIGHT FISCAL TIMES AND IF THEY WANT TO MAKE THE CHOICE THAT FUNDING AN ETHICS COMMISSION ISN'T IMPORTANT, THEN THEY SHOULD BE HONEST ABOUT THAT CHOICE. AND, I THINK IN THE LONG RUN, SUPPORTING AN ETHICS COMMISSION IS COST EFFECTIVE BECAUSE IF YOU HAVE MORE ETHICAL GOVERNMENT YOU'RE NOT GETTING PETTY CORRUPTION OR AS WE SAW WITH, SAY, MANNY ARAGON, IN THAT SCANDAL OF THE COURTHOUSE, MASSIVE CORRUPTION. WHEN MONEY IS TIGHT, YOU NEED EVERYONE OPERATING TRANSPARENTLY AND AT THE HIGHEST STANDARD. YOU CAN'T LET MONEY BE SKIMMED OFF OF BUDGETS, MONEY BE DIRECTED TO PROJECTS WHERE THEY DON'T ACTUALLY HELP THE STATE AND INDIVIDUALS. SO, IF WE FUND AN ETHICS COMMISSION, IN THE LONG RUN IT WOULD PAY FOR ITSELF ASIDE FROM BEING THE RIGHT THING TO DO. >> DOUG AND VIC, THANK YOU FOR COMING TO TALK TO US ABOUT NEW MEXICO ETHICS WATCH. >> THANK YOU. ACCORDING TO A RECENT ARTICLE WRITTEN BY BRUCE KRASNOW IN THE SANTA FE NEW MEXICAN, NO STATE HAS SEEN A GREATER

INCREASE IN INTERNATIONAL TRADE THAN NEW MEXICO. SINCE THE NORTH AMERICAN FREE TRADE, NAFTA, TOOK EFFECT IN 1994. THAT IS AMAZING, BUT THE TRADE AGREEMENT IS A SOURCE OF FEAR FOR SOME NEW MEXICO BUSINESSES, AS PRESIDENT ELECT TRUMP PREPARES TO TAKE OFFICE. DONALD TRUMP HAS CALLED NAFTA, QUOTE, MAYBE THE WORST DEAL THAT THE U.S. HAS EVER SIGNED. WHAT DO YOU THINK WOULD HAPPEN TO PLACES LIKE SANTA THERESA. LET'S TALK ABOUT THAT. ENCOURAGE PEOPLE TO READ THAT BRUCE KRASNOW PIECE. IT IS AMAZING. ARE FOLKS RIGHT TO BE FEARFUL OF THIS? >> I DON'T THINK SO. I MEAN, EVEN WHEN YOU READ HIS PIECE, THEY ARE TALKING TO PEOPLE THAT MOVED DOWN THERE LAST YEAR, TWO YEARS AGO, AND 1994. WHEN I WAS IN THE LEGISLATURE, WE WERE -- AND IT IS NOT THAT LONG AGO, EVEN THOUGH IT GETS FURTHER EVERY YEAR -- WE WERE NOT THE TOP TRADER WITH MEXICO. WE WERE WAY DOWN THE LIST IN TRADING WITH MEXICO. STATES LIKE CONNECTICUT HAVE BETTER TRADE WITH MEXICO. >> IDAHO HAS BETTER. >> RIGHT, THIS WHOLE, THE SKY IS FALLING OVER THE NAFTA DEAL

BECAUSE WE HAVE GROWN SO MUCH, CLEARLY, SANTA THERESA HAS GROWN AND SOUTHERN NEW MEXICO IS BENEFITING FROM IT. IT IS BENEFITING NOT SO MUCH PER SE JUST FROM NAFTA, IT IS BENEFITING FROM THEY BUILT THE LARGEST PORT OF ENTRY TO GET INTO THE U.S. DOWN THERE, THEY HAVE THE RAIL YARDS DOWN THERE. >> DOES HIS PLAN KIND OF DERAIL ALL OF THAT? >> I DON'T THINK SO. I DON'T KNOW HOW YOU CAN SAY YES OR NO. HERE IS WHY I SAY THAT. IF THIS WAS PASSED IN 1994 AND IT HAS TAKEN UNTIL 2012 FOR NEW MEXICO, GIVING FOLKS BENEFIT OF THE DOUBT, 2012, 2013 TO SEE THIS THING COME TO FRUITION, I MEAN IT DOESN'T SOUND TO ME LIKE THIS THING WAS THE ECONOMIC DRIVER THEY THOUGHT THIS WAS GOING TO BE. I AM NOT SURE THAT IT WOULD TURN AROUND AND THAT ALL OF THIS STUFF WOULD CEASE TO OPERATE THE WAY IT IS. HE HAS BEEN SPECIFIC THAT HE FEELS LIKE THE NAFTA AGREEMENT PUTS US AT A DISADVANTAGE. IT DOESN'T MEAN, WHO KNOWS, HE MAY COME UP WITH A DEAL THAT IS BETTER. HE COULD COME UP WITH A DEAL THAT IS JUST AS GOOD IF NOT BETTER AND SPUR MORE GROWTH.

IF HE FOCUSES MORE ON THAT STUFF, THAT MORE OF THAT INTERCHANGE OF LABOR HAS TO BE DONE IN THE U.S., THAT IS GOING TO DO MORE TO GROW THE U.S. RIGHT NOW, YOU GOT SITUATIONS WITH CARS, WHERE THEY ARE LITERALLY MAKING CARS IN MEXICO, DRIVING THEM ACROSS THE BORDER, PUT THE WHEELS ON THEM, THEN THEY CAN SAY THEY ARE AMERICAN MADE. THAT IS THE KIND OF THING HE IS TALKING ABOUT. >> FORCE MORE OF THAT WORK. >> WHAT IS YOUR SENSE OF THIS? YOU'RE AWARE OF SANTA THERESA'S IMPORTANCE. ONE OF THE THINGS ABOUT BRUCE'S PIECE I LIKED A LOT, IT IS SO IMPACTFUL TALKING ABOUT CHANGING A RAIL LINE TO GO AROUND EL PASO AND TO BE ABLE TO GET RIGHT TO SANTA THERESA AND MAKE THE THING MORE EFFICIENT. THAT IS A SERIOUS INVESTMENT. I ASK AGAIN IS MR. TRUMP, THE PRESIDENT ELECT, IS HIS POSITION GOING TO UPSET SOMETHING THAT WE HAVE GOOD MOMENTUM GOING FOR? >> THERE IS ALWAYS THAT POTENTIAL. YOU HAVE UNION PACIFIC RAILROAD THAT INVESTED 400 REALLY THE BRIGHTEST ECONOMIC SUCCESSES ARE DOWN IN SANTA

THERESA, AS FAR AS WHEN YOU LOOK AT WHAT IS WORKING FOR THE STATE. SO, THE OTHER SIDE OF THE BORDER, AUTO COMPANIES AND COMPANIES THAT SUPPORT THE AUTO INDUSTRY. YOU ALSO HAVE FOX CON WHICH IS A MAJOR CHINESE COMPANY. SO, HOW ARE ALL THESE THINGS GOING TO COME INTO PLAY, NOBODY REALLY KNOWS, BUT THERE IS ENOUGH, YOU KNOW, CHURN AT THAT NATIONAL LEVEL WHERE YOU GO, YOU KNOW SOMETHING COULD HAPPEN. AND I THINK IT IS JUST ANOTHER WAKE UP CALL FOR NEW MEXICO TO DIVERSIFY ITS ECONOMY. >> MOMENTUM IS TOUGH FOR US. HARD FOR US TO GET THAT SENSE GOING. SO, ANY ONE SMALL THING COULD POTENTIALLY -- >> IT COULD. BRUCE, ECHO YOUR THOUGHTS, BRUCE DID A GOOD JOB OF SAYING HOW LONG IT HAS TAKEN SANTA THERESA TO GET TRACTION, AND SO, TO DAN'S POINT, IT TOOK A WHILE FOR SANTA THERESA TO CATCH ON. SO, HOPEFULLY THAT MEANS THEY ARE IN FOR THE LONG HAUL AS FAR AS COMPANIES DOWN THERE. >> ANDY, WHAT DO YOU THINK? IS THIS SOMETHING BUSINESSES

SHOULD BE AFRAID OF OR PERHAPS AN OPPORTUNITY, AND WE ARE NOT SEEING IT QUITE YET? >> WHAT I THOUGHT WAS INTERESTING IN BRUCE'S STORY WHICH WAS REALLY WELL WRITTEN WAS THAT HE MENTIONED THAT THIS MAY BE AFFECTED, EVEN JUST THE DISCUSSION OF THIS, WHETHER IT IS DECIDED OR NOT, JUST DISCUSSION OF THIS MAY SCARE SOME PEOPLE AWAY. SO, I THINK IT IS ALL HARD TO SAY RIGHT NOW AND I THINK WHAT WE HAVE SEEN IS PRESIDENT ELECT TRUMP HAS SAID A LOT OF STUFF AND KIND OF BACKED OFF ON SOME THINGS SO WE REALLY HAVE TO WAIT TO SEE WHAT HE PUSHES THROUGH. THERE IS ALSO A LOT OF PEOPLE IN CONGRESS THAT MAYBE WANT GLOBALIZATION, MORE GLOBALIZATION, AND EVEN ON THE REPUBLICAN SIDE THAT SAY, LOOK, WE NEED TO HAVE OPEN BOARDERS WHEN IT COMES TO TRADE IN ORDER TO KEEP OUR ECONOMY AFLOAT. >> SPEAKING OF DONA ANA COUNTY, LAURA SANCHEZ-RIVET, THE AMOUNT OF JOBS THAT COULD BE AT STAKE IN THIS KIND OF DECISION, YOU KNOW WHAT I MEAN, IT'S A VERY SERIOUS ISSUE FOR THOSE FOLKS DOWN THERE. WE CAN MUSE ABOUT IT UP HERE IN ALBUQUERQUE ALL WE WANT BUT IT IS SERIOUS BUSINESS.

WHAT IS YOUR THOUGHT? YOU'RE FROM THE SOUTHERN PART OF THE STATE. >> I DO HAVE FAMILY ALSO IN EL PASO AND ANTHONY AREA SO I AM FAMILIAR WITH THAT AREA AND I WAS IN HIGH SCHOOL WHEN NAFTA WAS BEING TALKED ABOUT UNDER THE CLINTON ADMINISTRATION. I REMEMBER SANTA THERESA BEING, YOU KNOW, A DUSTY LITTLE TOWN. IT WASN'T A BORDER TOWN. DEMING WAS AND COLUMBUS WAS MORE A BORDER TOWN. THERE WAS NOTHING THERE. YOU DRIVE DOWN THERE NOW AND IT IS BOOMING. THERE IS A LOT MORE HAPPENING AND THAT MEANS HUGE -- YOU KNOW -- A LOT OF JOBS FOR THAT AREA, FOR DONA ANA COUNTY, AND MORE ECONOMIC DEVELOPMENT FOR THE STATE OVERALL TO BE ABLE TO HAVE THAT. WHAT IS INTERESTING IS YOU SEE THE RUST BELT, AREAS LOSING JOBS, AND THAT ARTICLE THAT WE READ, HAD THE EXAMPLE OF A MICHIGAN COMPANY MOVING DOWN TO SANTA TERESA TO TAKE ADVANTAGE OF SOME OF THE OPPORTUNITIES DOWN THERE AND SO WE SEE SOME OF THAT MOVEMENT WHERE THERE IS LOTS OF JOBS IN MICHIGAN BUT THAT DOESN'T NECESSARILY MEAN THE JOBS ARE GOING ACROSS THE BORDER, BUT TO BORDER STATES

WHERE THEY SEE A DIFFERENT OPPORTUNITY. >> DOES THIS COMPLICATE THE PRESIDENT ELECT'S RHETORIC ABOUT, YOU KNOW, FOLKS FLEEING TO GO OVERSEAS? >> I THINK, IN GENERAL, THERE IS A LOT OF FACT CHECKING THAT NEEDS TO HAPPEN THERE BUT YOU MENTIONED EARLIER ABOUT TRUMPS PLAN. I DON'T KNOW THAT THERE A ACTPL. CAMPAIGRHOR S DOINAW B EX, LYECBE THAT TALKED ABOUT ACTUALLY SOME OF THE ADVISERS FOR T NOW SAYING, THEY ARE KIND OF SOFT PEDALING ON THAT ISSUE ABOUT WHETHER IT IS REALISTIC THEY DO AWAY WITH IT RATHER THAN TWEAK SOME OF IT. FRANKLY, IT IS DIFFICULT, I THINK, AT LEAST FROM WHERE I SIT, TO SEE IF THERE IS ANY PLAN ON ANY ISSUE MOVING FORWARD. AND SOME OF HIS, YOU KNOW, IN TERMS OF THE PRESS CONFERENCE HE HAD, THERE WERE NO DETAILS ABOUT ANYTHING. AND WE DIDN'T SEE ANY DETAILED PLANS ABOUT ANYTHING DURING THE CAMPAIGN. SO WHAT ACTUALLY WILL HAPPEN COMPARED TO WHAT WAS SAID DURING CAMPAIGN ARE TWO DIFFERENT THINGS. >> IT IS INTERESTING TO SEE HOW THIS AFFECTS RELATIONSHIP WITH SUSANA MARTINEZ.

THERE HAS BEEN A DESIRE TO REACH OUT TO HER. HE HAS SHOWN A DESIRE TO BRING BACK -- TRY TO BRING PEOPLE BACK INTO THE FOLD. IT'S CLEAR FROM THE WAY SANTA TERESA HAS GROWN IN THE LAS EIGHT YEARS IT HAS BEEN A FOCUS OF HERS. SHE IS FROM DOWN THERE AND UNDERSTANDS THE AREA. AT A TIME WHEN THE REST OF THE STATE IS CRATERING WE HAVE SEEN UNPRECEDENTED GROWTH DOWN IN SANTA TERESA DURING HER ADMINISTRATION. SO IT IS INTERESTING TO SEE HOW MUCH IMPACT SHE IS ABLE TO HAVE IN THESE CONVERSATIONS AS A BORDER GOVERNOR BEING CHAIR WOMAN OF THE REPUBLICAN GOVERNOR'S ASSOCIATION, IS THIS GOING TO GIVE HER AN OPPORTUNITY TO RALLY MORE BORDER STATE GOVERNORS. WE KEEP TALKING ABOUT HOW IT AFFECTS SANTA TERESA, THERE HAS TO BE FOLKS ON THE NORTHERN END OF U.S. THAT HAVE HAD A MUCH SMOOTHER, MUCH LONGER TRADE OPPORTUNITY WITH CANADA, THAT HAVE GOT TO BE JUST AS UPSET AND A LOT OF THOSE ARE REPUBLICAN GOVERNORS AS WELL. SUSANA MARTINEZ AND HER POSITION NOT ONLY WITH WHAT SHE HAS DONE TO GROW SANTA TERESA BUT BUILD THE COALITION TO GO TO THE WHITE HOUSE AND SAY, YOU CAN'T MESS WITH US.

>> WE HAVE COME BACK AROUND HOW YOU STARTED THIS OFF HERE. I WANT TO TOUCH SOMETHING LAURA MENTIONED. THERE REALLY ISN'T A PLAN FROM TRUMP ADMINISTRATION AS IT STANDS. HOWEVER, WHEN YOU START USING WORDS LIKE TARIFFS, IT IS LIKE A NIGHTMARE SCENARIO FOR LOTS OF FOLKS, LIKE THE LAST WORD THEY WANT TO HEAR ABOUT A TARIFF. CAN ONE REALLY WALK BACK FROM THAT KIND OF A THING? DO YOU KNOW WHAT I MEAN? THAT IS A FAIRLY SERIOUS THING TO THROW OUT THERE, THAT YOU ARE GOING TO PUT A TAX ON SOMEBODY. >> I THINK WHAT WE ARE SEEING HERE IS WHAT THE CANDIDATE SAYS AND THEN WHAT THE CANDIDATE DOES. THERE IS TARIFF, IN GENERAL, YOU KNOW, WILL TEND TO GET A LOT OF FOLKS CONCERNED BUT FOR THE MOST PART, I DON'T -- NOBODY KNOWS THE PLAN SO I THINK, YOU KNOW, I THINK IT WAS ANDY'S POINT ABOUT THE TALK BEING REALLY, THE REAL KILLER RIGHT NOW. IF EVERYBODY IS ALL PANICKED SAYING, OH, MY GOSH THIS IS GOING TO BE HORRIBLE, FOLKS USUALLY KEEP THEIR BUSINESS DECISIONS FAR, FAR AWAY FROM CONTROVERSY. SO, IF THERE IS CONTROVERSY,

NOT THAT WE SHOULDN'T TALK ABOUT IT, WE SHOULD, IT IS A MAJOR ISSUE AND ONE OF THE BRIGHT SPOTS IN NEW MEXICO ECONOMY, BUT THERE IS REASON FOR CONCERN BUT I DON'T THINK THE SKY IS FALLING. >> GOOD POINT. NOW WHEN WE COME BACK TO THE LINE, WE'LL LOOK AT PED'S ANNOUNCEMENT THAT 95% OF STUDENTS NOT READING AT A THIRD GRADE LEVEL WERE PROMOTED ANYWAY. >> LAST YEAR MANY NEW MEXICANS SHOCKED TO LEARN THERE WERE MORE THAN 5,000 UNTESTED RAPE KITS ACROSS THE STATE. THAT NUMBER WAS IN A REPORT FROM STATE AUDITOR TIM KELLER'S OFFICE. ALBUQUERQUE AND BERNALILLO COUNTY HAVE THE HIGHEST NUMBER OF UNTESTED KITS. PRODUCER SARAH GUSTAVUS LOOKS AT WHAT IS BEING DONE TO MOVE FORWARD AND PREVENT THIS FROM HAPPENING AGAIN. >> I AM JOINED THIS WEEK BY STATE AUDITOR TIM KELLER. THANKS FOR BEING HERE. >> JIM HARVEY, EXECUTIVE DIRECTOR OF THE RAPE CRISIS CENTER OF CENTRAL NEW MEXICO. THANKS FOR JOINING US. >> THANK YOU FOR HAVING ME. >> TIM, EARLIER IN THE HOUR, CANDIDATES FOR ALBUQUERQUE MAYOR'S RACE. WE BOOKED YOU BEFORE THEY DECIDED TO TALK ABOUT THAT AND

YOU ARE HERE IN YOUR STATUS AS AUDITOR. >> GREAT TO BE HERE. >> LET'S TALK ABOUT THE AUDIT THAT YOUR OFFICE PRODUCED THAT SHOWS THAT FUNDING FOR FORENSIC LABS ARE DECREASING AND RESOURCES FOR TECHNICIANS ARE STRETCHED THIN. WHAT ARE SOME OF THE CHALLENGES THAT YOU FOUND THAT ARE LEADING TO THIS BACKLOG OF THOUSANDS OF RAPE KITS ACROSS NEW MEXICO. >> WELL, OUR REPORT OUTLINES A COUPLE OF DIFFERENT FACTORS. THERE IS 14 RISK FACTORS IN BUT THE ONE STORY THAT IS NOT TOLD ENOUGH AND NEEDS TO BE IN NEW MEXICO, ESPECIALLY RURAL NEW MEXICO, UNFORTUNATELY, ABOUT 20% OF THE RESPONDENTS ACTUALLY STATED THAT CREDIBILITY OF THE VICTIM OR THE WITNESSES WAS ONE OF THE REASONS WHY THE KIT WAS NOT SENT IN TO BE TESTED. THAT IS SOMETHING THAT I REALLY THINK SPEAKS TO SOME LONG HELD UNFORTUNATE STEREOTYPES AND PREJUDICES AGAINST WOMEN AND CHILDREN. SO, I THINK, ON THE ONE HAND WE MADE A LOT OF PROGRESS. IF WE DID THAT SURVEY 10 YEARS AGO, IT WOULD HAVE BEEN TOTALLY DIFFERENT. ON THE OTHER HAND, THIS IS STILL A VERY IMPORTANT STIGMA

THAT WE HAVE AND SOMETHING THAT WE NEED TO JUST BLAST RIGHT THROUGH AND THAT IS WHY WE SUPPORT HAVING EVERY KIT TESTED. >> YOU ALSO BROUGHT A SAMPLE KIT. I THINK THAT MIGHT BE USEFUL FOR FOLKS TO SEE. WHAT EXACTLY ARE WE TALKING ABOUT? >> SO, A LOT OF FOLKS, THEY ARE COMMONLY CALLED RAPE KITS AND THE PREFERRED TERM IS ACTUALLY SEXUAL ASSAULT EVIDENCE KIT. IT LOOKS LIKE THIS. BASICALLY AN ENVELOPE BUT IT HAS SORT OF DIFFERENT INVENTORY INFORMATION ON THE FRONT, BUT WHEN WE TALK ABOUT THESE KITS, YOU KNOW, THIS IS REPRESENTATIVE OF ONE OF THE WORST HOURS OR SEVERAL HOURS IN PEOPLES' LIVES. AND THEY HAVE THE COURAGE AFTER AN ASSAULT TO ACTUALLY GO TO A CENTER TO ACTUALLY GET THE EVIDENCE TAKEN THAT GOES IN HERE. SO THIS HOLDS TYPICALLY DNA, BUT USUALLY SWABS OR HAIR, FINGERNAILS, THINGS LIKE THIS. AND THERE CAN ACTUALLY BE LARGER PIECES OF EVIDENCE LIKE CLOTHING AND THINGS THAT COME WITH IT. IF YOU GO INTO AN EVIDENCE ROOM IN A POLICE DEPARTMENT, YOU SEE THREE THINGS. PRIMARILY A BUNCH OF

CONFISCATED DRUGS, AND TYPICALLY TRASH BAGS, EVEN OF MARIJUANA AND THINGS LIKE THIS. YOU SEE A HUGE GUN RACK AND SHELVES AND SHELVES OF THESE AND NONE OF THOSE ARE SUPPOSED TO BE THERE. THEY ARE SUPPOSED TO BE IN THE LAB BEING TESTED. >> WERE YOU SURPRISED BY ANY OF THE RESULTS OF THE AUDIT, WHAT THEY FOUND? >> SURPRISED, PROBABLY BY THE NUMBERS. I HAD NO IDEA WHAT THE STATE-WIDE NUMBERS WERE LIKE. YOU KNOW. I KNEW THAT THE LARGEST NUMBER OF UNTESTED KITS WERE HERE IN ALBUQUERQUE. BUT, YOU KNOW, WHEN I LOOK AT YOU KNOW, IT REALLY DOESN'T SURPRISE ME THAT NUMBERS ARE AS SIGNIFICANT AS THEY ARE. >> CAN YOU PROVIDE US WITH THE NUMBERS THAT YOU GOT? >> ROUGHLY 5,300 UNTESTED KITS IN THE STATE AND THAT IS BASICALLY UNCHANGED FROM LAST YEAR. YOU KNOW, I WOULD ALSO ADD THAT NO ONE ACTUALLY HAD A NUMBER UNTIL ACTUALLY A LOT OF ADVOCACY GROUPS AND EVEN THE

STATE DPS AND OUR OFFICE AGREED TO SORT OF PUT TOGETHER AND HAVE THIS COUNT EVERY YEAR. BUT, THE DOWN SIDE AND THING WE NEED TO BE HONEST ABOUT BUT IS NOT THE BEST THING TO TALK ABOUT IS ON A PER CAPITA BASIS OUR STATE IS OFF THE CHARTS. WE HAVE DOUBLE THE AMOUNT OF BACKLOG TO THE 49TH STATE. SO WE ARE TWICE AS BAD AS THE NEXT WORST STATE ON THE ISSUE. WE ARE PARTICULARLY CHALLENGED WITH THIS. >> WHY IS THIS AN IMPORTANT TRANSPARENCY ISSUE. YOU MENTIONED, WE DIDN'T KNOW THIS WAS AN ISSUE BEFORE BUT NOW THERE IS MEDIA STORIES AND MORE ATTENTION ON IT NOW BECAUSE WE HAVE THE NUMBERS. WHY IS THAT IMPORTANT FOR TRANSPARENCY? >> WE TALK ABOUT THE POWER OF SUNSHINE AND IT IS DEFINITELY JUST A FIRST STEP, BUT FOR US ON THIS ISSUE, ONE, WE DIDN'T ACTUALLY KNOW A COUNT SO WE COULDN'T COMPARE US TO OTHER STATES. WE KNOW IT IS A NATIONAL PROBLEM BUT PEOPLE DIDN'T KNOW, IS THIS A HUGE PROBLEM OR A LITTLE PROBLEM. NOW WE KNOW IT IS A BIG PROBLEM.

THE OTHER THING IS JUST BY SHINING THE LIGHT WE HAVE ACTUALLY SEEN PROGRESS AND LITERALLY WE SELECTED RURAL POLICE DEPARTMENTS TO VISIT AND WE WOULD ANNOUNCE WE WERE GOING DOWN ON FRIDAY AND SHOW UP MONDAY AND INVENTORY SHELVES WOULD BE EMPTY. SO, LITERALLY, LIKE JUST THE ACT OF US SAYING WE ARE GOING TO GO DOWN, PUSHED A LOT OF THESE RAPE KITS ALREADY TO THE LAB WHERE THEY SHOULD HAVE BEEN IN THE FIRST PLACE. AND EVEN AT THE CITY, AS SOON AS WE STARTED SAYING WE ARE GOING TO DO AN AUDIT, ALL OF A SUDDEN WE STARTED SEEING ALL SORTS OF PROACTIVE PROGRAMS TO GET RID OF THE BACKLOG. THAT IS A GOOD THING AND SPEAKS TO POWER OF SUNSHINE. >> REMIND US OF THE PROCESS. THEY ARE TAKEN AT THE LOCAL LEVEL AND SENT TO A STATE LAB? >> THERE IS REALLY TWO TRACKS AND THERE IS ALSO TWO KINDS OF CONCLUSIONS IN OUR REPORT. SO, IF YOU'RE NOT IN ALBUQUERQUE OR BERNALILLO COUNTY, ANYWHERE IN THE STATE, ALL OF THE KITS FLOW TO THE STATE LABORATORY IN SANTA FE. AND, THE BACKLOG WAS ALL OVER. IT IS IN THE LAB AND THAT IS WHERE IT SHOULD BE, BUT BEFORE WE DID OUR WORK, IT WAS ALSO IN RURAL NEW MEXICO.

SOME OF THESE KITS WERE AS OLD AS 1980. THIS IS HOW BAD THE BACK LOG IS. IN ALBUQUERQUE, THE SITUATION IS DIFFERENT. WE HAVE OUR OWN LAB. SO, LITERALLY IT JUST SORT OF GOES FROM THE POLICE DEPARTMENT OVER TO THE LAB BUT IT IS ALL KIND OF THE SAME SHARED EVIDENCE ROOM. SO, THAT IS WHY THERE IS ALSO TWO SETS OF CHALLENGES. A STATE CHALLENGE AND ALBUQUERQUE CHALLENGE. >> YOU MENTIONED THIS WOULD HAVE BEEN THESE KITS REPRESENT A PERIOD OF TIME THAT IS VERY DIFFICULT FOR PEOPLE AND IT IS VERY DIFFICULT TO GO AND ACTUALLY REPORT A SEXUAL ASSAULT. CAN YOU TALK ABOUT HOW YOU FEEL PEOPLE IN THE COMMUNITIES MAY BE REACTING AS THEY HEAR ABOUT THIS NEWS THAT KITS AREN'T BEING TESTED. DOES THAT DAMAGE THE CREDIBILITY, DAMAGE WHAT PEOPLE THINK WHAT MIGHT HAPPEN IF THEY REPORT A SEXUAL ASSAULT? >> THAT IS A CRITICAL WORD TO MENTION, CREDIBILITY. WHEN YOU START TALKING ABOUT THIS AND THE PROBLEM IS THE SECOND GREATEST HURDLE BEHIND GETTING THE KITS TESTED IS IN FACT, CREDIBILITY. AND, GETTING POLICE DEPARTMENTS TO THE POINT WHERE

THEY BEGIN TO LEND CREDIBILITY REALLY A CRITICAL PIECE, BECAUSE IF INDIVIDUALS FEEL THAT THEY CAN CONTINUE TO BE SEXUALLY ASSAULTED, ANYWHERE IN THE STATE, AND NOTHING IS GOING TO HAPPEN, NO. 1, CREDIBILITY IS CHALLENGED. NO. 2, THE KIT IS NOT GOING TO BE TESTED, YOU KNOW, IF EVIDENCE IS, IN FACT, COLLECTED. AND PEOPLE ARE GOING TO BE LESS INCLINED TO COME FORWARD WHEN THEY SHOULD. I MEAN, IT IS THEIR LEGAL RIGHT, ALMOST THEIR LEGAL OBLIGATION. AND, SO, FROM WHERE THE RAPE CRISIS CENTER STANDS, THAT IS AN IMPORTANT PIECE IN THE ROLE THAT WE PLAY. SO, IF WE DON'T -- IF WE DON'T HAVE THESE MEASURES BEHIND US, YOU KNOW, TO HELP ENFORCE OUR PRESENCE AND OUR INVOLVEMENT, THEN WE ARE GOING TO SEE LESS AND LESS REPORTED CASES AND, YOU KNOW, THE INCIDENTS OF

SEXUAL ASSAULT WILL GO UNMITIGATED. >> WHAT DO WE KNOW ABOUT THE NUMBER OF REPORTED CASES VERSUS ESTIMATED CASES IN TOTAL? >> THE NUMBERS ARE -- WELL, LET'S SEE. WE KNOW THAT ABOUT 34% OF THE CASES THAT ARE REPORTED, YOU KNOW, GET REPORTED TO POLICE DEPARTMENTS. RIGHT BEHIND THAT, ABOUT 33% OF THE CASES GET REPORTED TO A RAPE CRISIS CENTER, MUCH LIKE OURS. BUT, THOSE NUMBERS ONLY BEGIN TO SCRATCH THE SURFACE, AGAIN, BECAUSE YOU HAVE GOT CREDIBILITY ISSUES AND YOU HAVE GOT THE WORD OUT HERE ON THE STREET THAT NOTHING IS GOING TO HAPPEN. AND SO MORE AND MORE PEOPLE ARE LESS INCLINED TO COME FORWARD. SO, WE REALLY DON'T KNOW, YOU KNOW, HOW SIGNIFICANT THE INCIDENCES ARE. WE CAN ONLY TELL YOU THAT THE INCIDENCES ARE HIGH. >> I THINK THERE IS TWO ASPECTS TOO THAT DRIVE THIS CREDIBILITY CHALLENGE, AND IT IS ALSO SOMETHING THAT WE DON'T LIKE TO TALK ABOUT, BUT I THINK IT IS IMPORTANT TO SHARE THAT, YOU KNOW, A HUGE

SITUATIONS OF FAMILY MEMBERS OR THEY ARE SITUATIONS OF FOLKS WHO ARE ALREADY CO-HABITATING. THAT IS WHERE, WHEN WE TALK ABOUT CREDIBILITY, THAT IS WHY IT GETS REALLY TOUGH AND THAT IS WHY IT IS SO IMPORTANT THAT VICTIMS BELIEVE IN OUR JUSTICE SYSTEM, BECAUSE, GIVEN THOSE DIFFICULT SITUATIONS WHERE IT MIGHT BE A FAMILY MEMBER, YOU KNOW, IF YOU HAVE GOT THE COURAGE TO GO THROUGH WITH THIS, YOU HAVE GOT TO HAVE FAITH THAT OUR JUDICIAL SYSTEM IS NOT GOING TO LET YOU DOWN AND THAT IS WHAT WE ARE DOING. >> THERE IS SO MUCH MORE TO TALK NOW ABOUT WHAT WE CALL INTIMATE PARTNER VIOLENCE. IT IS SOMEONE THAT YOU KNOW, PROBABLY, 85, 90% OF THE CASES THAT COME TO OUR ATTENTION, YOU KNOW, ARE CASES THAT INVOLVE SOMEONE THAT THE VICTIM KNOWS. IT IS A RELATIVE, SOMEONE WHO LIVES IN THEIR HOME, SOMEONE THEY WORK WITH, IT IS SOMEONE THEY GO TO SCHOOL WITH, THAT IS WHERE THE CASES ARE. AND, SO, IT IS NOT THAT

STRANGER LURKING IN THE BUSHES, YOU KNOW, THAT CAUSES US AS MUCH CONCERN. IT IS THOSE PEOPLE THAT KNOW YOU AND CATCH YOU UNAWARE. AND END UP ENGAGING IN SEXUAL ASSAULT. >> LAWMAKERS MEET FOR A 60-DAY SESSION STARTING NEXT WEEK. CRIME AND PUBLIC SAFETY HAVE BEEN BIG TOPICS THE PAST COUPLE OF YEARS. WHAT WOULD YOU LIKE LAWMAKERS TO FOCUS ON THIS ISSUE OF SEXUAL ASSAULTS AND TESTING THESE KITS? >> MORE RESOURCES IS NO. 1. MAKING CERTAIN THAT ALL JURISDICTIONS THROUGHOUT THE STATE, INCLUDING ALBUQUERQUE, BEGIN TO GET RESOURCES THAT THEY NEED TO HIRE FORENSIC SPECIALISTS, TO POPULATE THESE LABS AND BEGIN TO DELVE INTO THIS LARGE BACKLOG OF CASES AND DO AWAY WITH THEM. BUT AT THE SAME TIME I THINK IT IS IMPORTANT TO MAKE CERTAIN THAT THESE LABS WOULD, FOR THE FUTURE GOING FORWARD, BE EQUIPPED WITH THE KIND OF

PERSONNEL THEY NEED SO THAT WHEN A CASE IS -- WHEN A RAPE KIT TEST IS TAKEN, IT IS, IN FACT, SENT TO A LAB IMMEDIATELY AND IT IS PROCESSED IN A REASONABLE AMOUNT OF TIME SO WE DON'T HAVE A BACKLOG GOING FORWARD. >> TIM, ARE YOU WORKING WITH LAWMAKERS OR OTHER AGENCIES AT THE STATE LEVEL? >> WE ARE, AND, ACTUALLY, YOU KNOW, I THINK WHAT IS GOOD ABOUT WHAT IS HAPPENING AT THE STATE LEVEL IS YOU KNOW I HAVE TO GIVE THE STATE A LOT OF CREDIT. YOU KNOW, LAST YEAR THE LEGISLATURE DECIDED TO PRIORITIZE THIS AND WHAT THAT MEANS IS THAT THEY ACTUALLY ALLOCATED MONEY AND WE HAVE A SECRETARY OF PUBLIC SAFETY WHO IS STEPPING UP AS A LEADER IN OUR STATE AND HE IS COMMITTED TO ENDING THE BACKLOG IN A FEW YEARS. AND, THAT IS OUTSTANDING. NONE OF THIS EXISTED 18 MONTHS AGO. SO, THERE IS A LOT OF THINGS LEGISLATURE CAN DO TO PREVENT THE BACKLOG GOING FORWARD, BUT THEY HAVE MOVED THE NEEDLE SIGNIFICANTLY IN TERMS OF HOW TO END IT. I THINK THAT IS IN SHARP CONTRAST WHERE IN ALBUQUERQUE

WE HAVE 3/4 OF THE UNTESTED KITS ARE IN ALBUQUERQUE AND THAT IS A SITUATION WHERE WE DO NOT HAVE THE EQUIVALENT. SO, THERE IS NO FULL FUNDING TO GET RID OF THE BACKLOG AND NO SINGULAR LEADER STANDING UP AND SAYING I AM GOING TO PRIORITIZE THIS. I AM HOPING THAT, ACTUALLY, THEY ARE WORKING A LITTLE BIT TOGETHER SO FUNDING MIGHT COME FROM THE STATE. I THINK, SOME OF THE ALBUQUERQUE LEGISLATORS ARE GOING TO TRY TO HELP OUT THE CITY. THAT IS A START BUT LET'S REMEMBER, YOU KNOW, THIS IS ONLY FOUR TO SEVEN MILLION TO GET RID OF THE BACKLOG IN ALBUQUERQUE. THAT WOULD BE HALF OF EVERY CITY COUNCILOR'S CAPITAL OUTLAY FOR ONE YEAR. THAT IS ALL IT TAKES OR, YOU NO, 1% OF THE ART PROJECT. SO, I THINK LEGISLATORS RECOGNIZE THIS IS THE BACKLOG IS A SOLVABLE PROBLEM FOR NOT A LOT OF MONEY AND WE HAVE TO GET THE CITY TO DO THE SAME. >> THANK YOU FOR STOPPING BY THIS WEEK. >> THANK YOU. >> WELCOME BACK TO THE LINE. THIS WEEK, THE NEW MEXICO PUBLIC EDUCATION DEPARTMENT ANNOUNCED THAT 95% OF STUDENTS

WHO WERE NOT READING AT A THIRD GRADE LEVEL WERE PROMOTED TO THE FOURTH GRADE. AND THE PED ALSO SAID, THE MAJORITY OF PARENTS WERE NOT NOTIFIED THAT THE CHILDREN HAD FALLEN BEHIND IN READING SKILLS, BUT, ALBUQUERQUE PUBLIC SCHOOLS, LATER IN THE WEEK, TOLD LOCAL MEDIA THAT NOTIFYING PARENTS IN DIFFERENT WAYS, AND INFORMATION USED BY THE STATE WASN'T TELLING THE WHOLE STORY, TOM. THIRD GRADE READING WAS A PRIORITY FOR THIS GOVERNOR AND I AM JUST CURIOUS HOW -- I KNOW HOW I FEEL ABOUT THIS, BUT WHEN YOU FIRST HEARD THIS 95% NUMBER, DID IT RING FOR? DID THAT RING TRUE FOR YOU IMMEDIATELY? I TELL YOU RIGHT NOW, IT DIDN'T FOR ME. SOMETHING DID NOT QUITE CLICK THERE. >> I SAW THAT 96% NUMBER STATE-WIDE. AND TO KNOW THAT, YOU KNOW, FIRST OFF, IT IS A HIGH LEVEL, BUT HOW MANY ACTUALLY RECEIVED THE LETTERS? YOU KNOW. THAT IS INCONSCIONABLE, BECAUSE IT IS STATE LAW AND STATE LAW SAYS IF YOU'RE NOT MEETING PROFICIENCY, YOU HAVE TO SEND OUT A LETTER.

IT IS NOT AN OPTION. IT IS STATE LAW. SO, THE FACT THAT, YOU KNOW, SOME SCHOOL DISTRICTS DECIDED THEY WANTED TO MAYBE TAKE A PASS ON THIS, WE HAVE THIS HANDLED, I THINK REINFORCES AN ISSUE THAT HAS BEEN IN PLACE FOR QUITE A WHILE. IN MY BRIEF TENURE WITH APS, THE BEST THIRD GRADE READING PROGRAMS WERE AT THE SIXTH GRADE LEVEL AND ALL THIS APPROACH DOES, IS SAYING WE TALKED TO THEM, AS APS HAS SAID, WE TALKED TO THE PARENTS, THEY KNOW, WELL, THERE IS NOTHING TO DOCUMENT THAT. >> IN YOUR VIEW, EMAIL DOESN'T WORK THE SAME AS WRITTEN LETTER? >> EMAIL COULD. BUT, WHEN IT COMES DOWN TO WHATEVER THE LETTER OF THE LAW IS AND PED SAYS A LOT OF SCHOOL DISTRICTS COME UP SHORT ON, THAT IS -- I THINK THAT IS CONCERNING. >> GOT YOU. WHAT DO YOU THINK ANDY? I SHOULD CLARIFY, BY THE WAY, WHEN I SAY I DIDN'T BELIEVE THE NUMBER, THIS IS WHAT WE ARE TALKING ABOUT. MY SENSE OF IT IS FOLKS WERE NOTIFIED JUST DIDN'T MEET THE LETTER OF THE LAW, LIKE YOU'RE SAYING, AS IT STOOD THERE. ANDY WHAT DO YOU THINK, THIS IS INTERESTING WHEN YOU THINK ABOUT THIS HAS BEEN A HUGE

ISSUE FOR THE GOVERNOR SINCE DAY ONE. DOES SHE HAVE AN OPENING HERE? IS THIS WHAT SHE NEEDS? >> THIS REMINDED ME A LOT OF THE TOUGH ON CRIMES STUFF THAT CAME THROUGH. COINCIDENCE OR ACTUALLY GOOD TIMING, I THINK YOU'RE GOING TO SEE SOME OF THESE THINGS CITED IN THE SESSION COMING UP. SHE HAS BEEN PUSHING THIS. A COUPLE LAWMAKERS HAVE BEEN PUSHING THIS UNSUCCESSFULLY AND I THINK NOW YOU'RE GOING TO SEE PEOPLE ON THE FLOOR SAYING, THIS IS A PROBLEM, AND WE ARE GOING TO POINT TO THIS RECORD THAT PED RELEASED. >> INTERESTING. LAURA, WHAT DO YOU THINK? >> IT IS NOT GOOD TIMING OR COINCIDENCE. IT IS A CLEAR -- IT IS A CLEAR STRATEGY ON THE PART OF THE PED AND THE GOVERNOR TO TRY TO PRIME THE PUMP ON THIS TO BILL ON THIRD GRADE RETENTION OR THIRD GRADE FLUNKING, DEPENDING HOW YOU THINK ABOUT IT. IT DEFINITELY WAS STRATEGY. THERE IS NO SURPRISE, THEY HAD THE DATA. THERE IS NO SURPRISE THEY RELEASED THIS. THE ONLY SURPRISE WAS THAT THEY DIDN'T DO IT CLOSER TO

THE SESSION. THAT THEY DID IT THIS FAR IN ADVANCE WHEN YOU COULD HAVE ANOTHER CYCLE OF NEWS THAT WOULD BUMP THIS OFF THE RADAR. NEVERTHELESS, THIS IS WHY THEY RELEASED IT. I DO WANT TO CLARIFY ABOUT TOM'S POINT ABOUT THE LETTER OF THE LAW. THE LAW DOESN'T SAY YOU HAVE TO HAVE A WRITTEN STATEMENT. IT SAYS NOTIFICATION. INTERPRETATION THAT PED CURRENTLY, SO THERE IS QUESTION ABOUT WHETHER PED ACTUALLY PROVIDED THIS INTERPRETATION TO THE SCHOOL DISTRICT, BUT, PED'S INTERPRETATION NOW IS THAT IT HAS TO BE IN WRITING. WELL, IF YOU'RE GOING TO INTERPRET SOMETHING, YOU REALLY SHOULD LET EVERY SCHOOL DISTRICT KNOW WHAT YOU'RE INTERPRETATION IS. THEY HAVE BEEN DOING IT UP TO NOW BASED ON NOTIFICATION AND POLICIES AND PROCEDURES. IN TERMS OF DOCUMENTATION, OBVIOUSLY EVERY TIME A SCHOOLTEACHER HAS A PARENT-TEACHER CONFERENCE, THEY ARE GOING TO DOCUMENT THAT. THERE IS INFORMATION ABOUT WHEN THEY ACTUALLY SCHEDULE IT WHAT KIND OF CONVERSATION THEY HAD. IN SOME CASES THEY CREATE A TEAM TO ASSIST STUDENTS AND I THINK THE BOTTOM LINE IS THIS OBVIOUSLY WAS DONE TO TRY TO GET MORE SUPPORT FOR THE THIRD GRADE RETENTION BILL. BUT THE PROBLEM IS THE PROBLEM

DIDN'T START IN THIRD GRADE BUT STARTED MUCH EARLIER. BY THE TIME THEY GOT TO THIRD GRADE, MANY STUDENTS HAVE ALL KINDS OF PROBLEMS THAT COULD HAVE BEEN ADDRESSED AT YOUNGER YEARS WITH HEAD START, WITH EARLY CHILDHOOD EDUCATION FUNDING. YOU DON'T START LEARNING HOW TO READ IN THE THIRD GRADE. YOU START LEARNING HOW TO READ, YOU KNOW, EVEN BEFORE KINDERGARTEN. >> HAS THE GOVERNOR GIVEN DEMOCRATS AN OPENING ON THAT VERY ISSUE, EARLY CHILDHOOD ED. >> ABSOLUTELY. THAT DEMOCRATS WILL JUMP ON. >> I WOULD LIKE TO POINT OUT REPUBLICAN SENATOR GABE KERNAN FROM HOBBS WAS A BIG CHAMPION OF THIS AND LAST YEAR OR THE YEAR BEFORE THAT, SHE BACKED OFF. AND YOU MENTIONED MONICA YOUNGBLOOD. SHE IS THE NEW PERSON. I POINTED OUT THERE WAS A REPUBLICAN DOING THAT AND KIND OF SAID, WAIT A MINUTE, MAYBE I DON'T WANT TO BE THE PERSON ON THIS. >> APPRECIATE THAT FOR SURE. THAT IS A DIFFERENCE. I SENSE YOU NOT AGREEING NECESSARILY WITH LAURA JUST THEN. >> NOT THAT I AM NOT AGREEING. I THINK IT IS A PERFECT EXAMPLE, AND I KNOW LAURA WON'T TAKE OFFENSE TO IT, BUT IT IS THE FAR LEFT EDUCRAT TO LAURA SPENT HER TIME DEFENDING THE PROCESS.

AT THE END OF THE DAY, WE STILL HAVE KIDS THAT AREN'T READING AT A THIRD GRADE LEVEL. THE ANSWER ISN'T DO WE THROW THEM BACK INTO PROGRAMS AT AN EARLIER AGE BECAUSE THEY WERE IN THE PROGRAMS FROM EARLY DAY KINDERGARTEN, FIRST GRADE, SECOND GRADE. NOW WE ARE IN THIRD GRADE AND STILL CAN'T READ. THE ANSWER CAN'T BE PUT THEM BACK IN THE SAME PROGRAM. AT THE END OF THE DAY, THE PROBLEM IS, LOOK, PARENTS HAVE TO BEAR SOME OF THE BLAME. IF YOUR KID CAN'T READ IN THE THIRD GRADE, YOU SHOULD BE WORKING WITH YOUR CHILD. YOU SHOULD BE TALKING TO THE CHILD. WHEN THE ANSWER IS, YOU KNOW, IN PASSING IN A PARENT-TEACHER CONFERENCE, THAT WE ALREADY KNOW THAT 70, 80% OF THE PARENTS DON'T SHOW UP TO, WE SAID THIS OR WE BURIED IT IN THE MIDDLE OF THE BACK OF THE REPORT CARD. SO THE ANSWER, THEN, IS JUST SEND THEM TO THE NEXT GRADE. WE ARE SEEING THAT THIS PHILOSOPHY HAS REALLY REALLY HURT KIDS IN NEW MEXICO. BECAUSE, IF THEY CAN'T READ IN THIRD GRADE, BY THE TIME THEY GET TO 7TH AND 8TH, THEY HAVE ZERO ABILITY TO INTERACT SCHOOL WISE AND THEY START DROPPING OFF LIKE FLIES AND THEY START DROPPING OUT, SO, I THINK THAT -- >> DOES THAT NOT MAKE LAURA'S

POINT EVEN STRONGER THAT EARLY CHILDHOOD ED IS THE ANTIDOTE. >> WHEN YOU HEAR PEOPLE SAY STUFF LIKE HEAD START, THERE IS NOT A SINGLE REPORT THAT SAYS HEAD START AS BEEN SUCCESSFUL. AS A MATTER OF FACT THERE IS MULTIPLE REPORTS THAT SAYS IT IS A COMPLETE DISASTER. >> HERE IS THE THING, I DON'T DISAGREE WITH WHAT DAN IS SAYING IS THE REAL PROBLEM IS KIDS NOT BEING ABLE TO READ. OBVIOUSLY. THE ISSUE THAT I AM GETTING AT AND CERTAINLY I THINK A LOT OF DEMOCRATS HAVE ISSUES WITH THIS, IS I AM NOT TALKING ABOUT PROTECTING UNIONS, THAT IS WHERE YOU'RE IMMEDIATELY GOING. WHAT I AM SAYING IS THAT THE DECISION ABOUT WHETHER TO RETAIN THEM OR NOT SHOULD BE PARENTS, SCHOOLS AND TEACHERS. EVERYBODY SHOULD BE INVOLVED IN THAT DECISION. IT SHOULDN'T BE BASED ON A STANDARDIZED TEST. THAT IS THE PROBLEM WITH THE BILL, IT IS BASED ON, IF YOU DIDN'T MAKE A CERTAIN MARK ON A STANDARDIZED TEST, YOU'RE HELD BACK AND THERE IS HUGE PROBLEMS WITH THE STANDARDIZED TEST. >> THE PROBLEM HAS BEEN -- I AM NOT A STANDARDIZED TEST GUY. WE HAVE THE LAW AND LETS THE PARENT HAVE INPUT. THE PARENT WALKS IN. THE SCHOOL SAYS, I DON'T THINK YOU WANT TO DO THIS TO LITTLE

JOHNNY. PARENT SAYS, MOVE HIM ANYWAY. WE HAVE HAD SOCIAL PROMOTION WHICH HAS BEEN AN UNMITIGATED DISASTER IN THE STATE AND THE ANSWER HAS GOT TO STOP BEING, WELL, WE ARE GOING TO BRING THIS VILLAGE TOGETHER AND WE'RE GOING TO ROLL THE DICE AND TAKE A VOTE, AND IF SOMEBODY'S FEELINGS ARE UPSET, WE ARE GOING TO MOVE THE KID. EITHER YOU PERFORM AND YOU'RE READY TO GO OR YOU'RE NOT. >> IS IT NOT -- ALL THE SCIENCE I HAVE READ ON THIS IS THAT SOCIAL PROMOTION IN SOME SOME FOLKS FEEL IT IS NOT. SOME FOLKS FEEL IT WASHES OUT BY SIXTH, SEVENTH. BEING HELD BACK IS NOT THAT BIG OF A DEAL. IS IT STILL OKAY TO PROMOTE LIKE THIS? EVEN THOUGH IT IS GOING TO BE IMPACTFUL. >> I THINK IT IS BAD. HERE IS THE THING. A KID IN THIRD GRADE, IF YOU'RE TELLING ME A THIRD GRADER, RIGHT, THAT GETS HELD BACK, ALL RIGHT, HAS GOT THIS EMOTIONAL SCAR GOING FORWARD, I AM TELLING YOU IT DOESN'T EXIST. THEY DON'T EVEN HAVE GREAT RELATIONSHIPS WITH KIDS IN THIRD GRADE. THAT NINTH GRADER THAT GETS HELD BACK, THAT IS WHEN THE KID DROPS OUT OF SCHOOL AND THAT'S WHEN THE EMOTION -- >> WE ARE OUT OF TIME. THANK YOU ALL FOR BEING HERE

THIS WEEK. WE'LL KEEP GOING WITH THIS LATER. >> I AM GENE GRANT. THANKS FOR JOINING US FOR NEW MEXICO INFOCUS. ON TUESDAY, JANUARY 17, NEW MEXICO PBS AIRS THE GOVERNOR SUSANA MARTINEZ' STATE OF THE STATE ADDRESS. GO TO NEWMEXICOINFOCUS.ORG FOR DETAILS. WE APPRECIATE YOUR TIME AND EFFORT TO STAY INFORMED AND ENGAGED. SEE YOU NEXT WEEK, INFOCUS. FUNDING FOR NEW MEXICO CHARITABLE FOUNDATION, THE NELITTA E. WALKER FUND FOR KNME-TV, THE KNME-TV ENDOWMENT