We at the Rio Grande Foundation are saddened to learn of the passing of American statesman Donald Rumsfeld. On June 30, 2021, we lost a dedicated patriot. He was surrounded by family in his beloved Taos, New Mexico.
We are deeply saddened by his loss. A lifelong patriotic American statesman and our fellow New Mexican, Mr. Rumsfeld embodied the characteristics of liberty that we live by every day. He was an avid supporter of the Foundation and our friend.
Said Rio Grande Foundation President Paul Gessing. “We mourn his loss but let us also celebrate his many gifts and continue to build on them. We will continue his mission for freedom so that every person has the best chance to thrive in life.”
With government school systems in SO MANY states failing their students over the past year, legislatures and other elected officials are rushing to offer choices and opportunities to students in their jurisdictions.
You can see a full list from EdChoice here. Jason Bedrick of EdChoice writes, “In total, 14 states have enacted 18 new or expanded educational choice policies so far this year. In addition to the above, we are expecting further new or expanded choice policies in at least six states.” You can see which states are enacting reforms below.
Unfortunately, New Mexico’s union-beholden political leadership has NOT enacted any reforms.
Some of the most exciting reforms are in the following five states which have enacted brand new education choice programs:
Arkansas (SB 680): New tax-credit scholarship for students from low-income families (up to 200 percent of the federal poverty line) who are switching out of public school or entering kindergarten or first grade.
Indiana (HEA 1001): New ESA for students with special needs from families earning up to 555 percent of the federal poverty line.
Kentucky (HB 563): New tax-credit ESA for students from low- and middle-income families (up to about 324 percent of the federal poverty line).
Missouri (HB 349): New tax-credit ESA for students from low- and middle-income families (up to about 370 percent of the federal poverty line) who are switching out of public school or entering kindergarten or first grade. (Note: this bill passed both legislative chambers but is still pending the governor’s signature.)
West Virginia (HB 2013): New ESA for all students switching out of public school or entering kindergarten or first grade.
It was a big week for NM’s subsidized film industry as new taxpayer-funded facilities NBC Universal in Albuquerque AND Totah Theater in Farmington opened. The theater, which was acquired by San Juan County last year and underwent a $1 million renovation over the past several months. The facility will be used for film screenings and live entertainment events, but its upper floors will be available to film and TV industry representatives to rent for office space.
At the NBC Universal grand opening, fully vaccinated Gov. MLG wore a mask outdoors. At a Mora County Democrat fundraising event (posted on her Twitter account) the Gov. was the ONLY one wearing a mask at yet another outdoor event.
Paul notes that criticizing the vaccinated Gov. for wearing a mask at public events REALLY drives the Twitter liberals crazy. He suggests following both his personal and the RGF Twitter accounts.
This post will be somewhat different insofar as it connects various data points, including polling data, to make conclusions about the challenges facing New Mexico:
New Mexico has the 2nd-highest unemployment rate in the nation and Gov. MLG has stated that she will NOT turn down Biden’s $300 “supplemental” unemployment payments. A new report shows that states that HAVE foregone those benefits have seen faster declines in unemployment than those that have kept them. Notably, as the unemployment data show, those states with Republican governors already had lower unemployment rates than New Mexico and other Democrat-governed states.
It would seem (not shocking to many) that New Mexico’s fundamental problem is that it’s elected leaders make bad policy decisions and that voters’ ignorance only reinforces those views. Wallethub’s map is below:
Recent reports have noted that New Mexico’s already-falling government school student population fell even more quickly thanks to the uptick in home schooling during the pandemic. The author’s own family chose this option and were clearly not alone.
As the map below shows, New Mexico is among the states with the largest outflow of students from government schools. You can read the full article from The 74 here This isn’t surprising given New Mexico’s relative large loss of classroom learning, but the uptick in home-schooling doesn’t necessarily correlate with most locked down states. It IS certainly noteworthy that some of the least locked down states like South Dakota and Utah saw the least uptick in home schooling.
Of course, Albuquerque Public Schools is concerned about losing as much as $53 million because of the decline in enrollment. What is left unsaid is that even as enrollment declines, already high APS’s per-pupil spending figure will likely skyrocket in the next few years.
This article appeared in the Las Cruces Sun-News on June 27, 2021. With COVID and the Gov.’s COVID policies at last receding, the race is on to determine how effective or ineffective our Gov.’s lockdown policies really were. Our analysis is below:
The facility will receive $10.7 million in LEDA subsidies from state and local governments in addition to benefiting from State subsidies.
As if that weren’t enough, in Farmington the ribbon was cut on the refurbished Totah Theater. Previously privately owned, the historic facility was purchased by San Juan County and has received state grants in order to become a “place for productions, screenings and have dedicated office space for production companies to work out of.” The facility is eligible to receive New Mexico’s “most generous” film subsidy rate of 35%.
Naturally, Gov. Lujan Grisham crowed about the film industry having “its biggest year ever” Of course, if film were such a boon for our State it wouldn’t be raising red flags at the LFC over the cost of subsidies and perhaps New Mexico’s unemployment rate wouldn’t be 2nd-highest in the US.
Big news: despite the pandemic, New Mexico’s film and television industry had its biggest year EVER.
We’ve made New Mexico the place to be for film and TV – and we’re not done yet.https://t.co/DBDdY16xyd
On this week’s podcast, Paul interviews gubernatorial candidate Greg Zanetti. Greg hopes to bring his experiences as a financial manager and Brigadier General in the U.S. Army to New Mexico’s government.
You don’t want to miss this wide-ranging and interesting conversation!
The open government rabbit hole is getting pretty deep.
By their own admission, the New Mexico Department of Information Technology (DoIT) does not maintain a records retention policy separate from the “regulations” provided in the New Mexico Administrative Code (NMAC).
NMAC vaguely addresses broad terms like “transitory” and “non-record” but does not specify any length of time that records ought to be accessible.
As an example, hospitals are legally obligated to maintain specific policies that explicitly identify the relative importance of certain documents, the corresponding periods of time that those documents have to exist, and the process by which the documents are disposed of after the time of the retention period has elapsed. And HIPAA is pretty clear that there are fines associated with improperly retained documents.
Without good policies in place, employees are left without direction and chaos ensues. Well, Michelle Lujan Grisham’s administration has cried havoc and let slip the dogs of perplexity.
In an official Inspection of Public Records Act (IPRA) request to DoIT, I specifically sent a copy of the Document Retention Guidance currently being disseminated by the legal department of Governor Michelle Lujan Grisham’s administration. I asked if DoIT has their own policy related to document retention. They provided the link to the NMAC section that addresses records management requirements for electronic messaging.
When asked specifically for the policy that dictates the retention of records, they responded that “DoIT does not currently have a records retention policy”.
A behavioral pattern is developing. Over a dozen state agencies are using Microsoft Teams and those same agencies employ the executive branch policy of automatic deletion after a peculiarly and exceptionally short retention period, previously reported as 24 hours.
The absence of an official retention policy maintained by DoIT contradicted by the existence of legal guidance that “You may delete any text message that is a routine communication and is not ‘required to control, support or to document the operations of government’” is antithetical to the principles of open government. When in doubt, it seems that New Mexico agencies err on the side of deletion rather than retention.
If this sounds confusing, that’s because it is. But with actions like this, it is becoming increasingly clear that New Mexico government is obfuscating the obvious and trivializing the importance of open and transparent government.
According to the Albuquerque Journal, The City of Santa Fe is among about 25 U.S. cities that will be experimenting with universal basic income as part of a pilot program funded through the Mayors for a Guaranteed Income project.
The concept of a “Universal Basic Income” (UBI) that replaces traditional, top-down welfare programs with a government-provided “basic income” has been around for decades and even received support from free market adherents like Milton Friedman and Charles Murray.
Of course, while there are “UBI” supporters on the political right, the idea is to REPLACE other government welfare programs with a “basic” income. Santa Fe’s plan fails right away on that point. In fact, the COVID pandemic has been a bit of an experiment with “real world” UBI. As millions of Americans lost work, government stepped in with “stimuli” and supplemental unemployment payments that have gotten many people used to the idea of government cutting you a check regardless of whether you work or not.
A second big flaw in this “experiment” is that the money will come from voluntary sources, not taxpayers. Funding will come from Twitter co-founder Jack Dorsey, a group called Mayors for a Guaranteed Income project, and the Santa Fe Community Foundation. Having “free” money pay for a new welfare program may SEEM like what the government is doing now, but we are seeing the cost via inflation. Donor-driven UBI as in Santa Fe is just a nice gesture by donors.
Finally, the third major inherent issue is that the money is being targeted to help 100 people under age 30 who have children and are attending Santa Fe Community College.
Targeting certain groups to receive $400-$500 a month is a nice idea, but it’s obviously NOT “universal.”
The problem with UBI is that when it gets through the political process, it will not resemble the theory supported by Friedman and Murray. Among other problems will wind up supplementing, not a replacing other welfare programs.
The new unemployment figures are out and states (like New Mexico) with Democratic Governors dominate the list of worst unemployment rates (state with Republican governors dominate the lowest unemployment states).
This is no surprise to us at the Rio Grande Foundation has Gov. Lujan Grisham has enacted economic policies with little concern to actual economic growth. You can find the May data from the Bureau of Labor Statistics here. We have presented the data in different ways below.
Notably, in December of 2018, the month before Lujan Grisham took office, New Mexico’s unemployment rate was 4.7%. Utah’s was higher than it is now (3.2%). New Mexico’s unemployment rate has jumped by 70% under MLG.
The Albuquerque Journal’s John Trever, of course, had it right from the beginning in this 2020 cartoon.
Despite Gov. MLG having claimed that “New Mexico will be totally open July 1” the reality is that New Mexico remains one of the strictest states in the nation in terms forcing masks on children. Predictably, as it stands now, when kids go back to school in early August they will be forced to wear masks (as will students in other “blue” states).
The following data are from Burbio which has done invaluable work tracking various COVID-related rules. Not surprisingly, all of New Mexico’s neighbors DO NOT have mask mandates while a majority actually ban locally-imposed mandates. With the Biden Administration pushing 12 year olds to be “vaccine ambassadors” to their fellow 12 year olds, there seems to be little question that the Gov. will keep masking our kids until she is told not to by the Biden Administration or CDC (despite the absurdly-low virus death rate among healthy children).
NM didn’t quite get to its 60% vaccination rate, but the Gov. says NM will be “totally reopened” on July 1. This is welcome news, but it’s also not really true (not for our children, yet).
The Kids Count Report co-released by the Annie E. Casey Foundation and Voices for Children has at least partially been released (we had trouble accessing the full report). The Albuquerque Journalhad a story and the most relevant chart (below). New Mexico has moved up slightly to 49th overall from 50th in the previous report. Of course, Gov. Lujan Grisham proclaimed this a “success.”
Ultimately, it came to light thanks to an Albuquerque Journal article that the hotel was closed due to a lack of convention business AND that the City of Albuquerque had filed tax liens against several properties for lack of payment of lodgers taxes. The Rio Grande Foundation has expressed concerns in the recent past about lodgers taxes and agrees that reform is needed, BUT if the business is collecting the tax from its customers, they should be remitted.
It has been hot and mostly dry throughout New Mexico this June. After a pleasant and relatively cool (at least in Albuquerque) Memorial Day weekend, the heat has been on and the rain has been scarce. This is a longer-term (and more complex) issue for Elephant Butte Lake and agricultural users, but you can bet that environmentalists and many New Mexico policymakers will push for even faster government-driven efforts to address “global warming.”
But, as noted in several media articles including this one from the BBC, China’s CO2 emissions now exceed ALL other developed nations combined.
And, while the US has continued to reduce CO2 emissions, especially in the pandemic year of 2020, China continues to move in the opposite direction. Point being that the US (and certainly not New Mexico) can and should move to be more efficient (including the adoption of nuclear energy), but cannot reduce CO2 emissions without dramatic action by China.
We at the Rio Grande Foundation try to stay on top of the numerous economic changes and issues taking place around both the Albuquerque metro and the State. Recently, on a walk through downtown Albuquerque, the Foundation’s president noticed that the Hyatt Hotel downtown was closed. No bellhop out front, no one at the reservations desks, no lights on, and the doors are closed. Check here for yourself.
We also called them and attempted to contact Heritage Hotels which apparently manages the property now.
With downtown Albuquerque struggling mightily STILL post- COVID and post-riots, the future of this hotel is of great interest.
UPDATE: Per the Albuquerque Journal, the Hyatt downtown is one of several hotels that has a lien against it from the City of Albuquerque. It has been shut down due to the lack of convention traffic in downtown Albuquerque.
The gist of the piece involves Stewart celebrating his Department’s “accomplishments” during the era of COVID 19. Whether it means “keeping people safe” or training staff in COVID-safe practices, Stewart’s article is basically one big pat on his own back.
Of course, New Mexico students lost more classroom time than students in all but 5 other states due to policies imposed by Gov. MLG and his Department. He doesn’t even mention educational outcomes or results, partially because the Administration has eliminated most testing.
On this week’s interview, Paul sits down with Sandoval County Commissioner and gubernatorial candidate Jay Block.
Paul and Jay have worked on a number of pro-freedom issues, notably local “right to work” ordinances that were ultimately adopted in 10 of New Mexico’s 33 counties (including Block’s home County of Sandoval which adopted the ordinance first). Paul queries Jay on a number of other issues relating to his priorities for New Mexico, its economy, and the track record of current Gov. Lujan Grisham.
This week a federal judge (much to the consternation of radical environmentalists) voided the Biden Administration’s moratorium on oil and gas permitting on federal lands. The news so far in 2021 for New Mexico and the oil and gas industry had been mixed, but this decision, if it holds, could make 2021 a watershed moment for New Mexico’s most important industry.
Prices had rebounded to above $70/barrel from below-zero in April of 2020 and with the economy expected to rebound from the artificial COVID shutdown, prices show no signs of coming down;
The Biden moratorium loomed as the major threat to the Industry, but that threat COULD be receding depending on the Administration’s interest in appealing AND whether Deb Haaland’s agency “slow-rolls” the permitting process on federal lands. This is of course the most notable immediate threat.
So, as long as Gov. Lujan Grisham continues her unstated policy of placating her environmental supporters through the Energy Transition Act and pushing for a “clean fuel standard” while not attacking the Industry directly, New Mexico’s oil and gas industry could be a growth industry both in terms of jobs AND in terms of tax revenues for the State for the foreseeable future.
The Rio Grande Foundation on the other hand has long held that Gov. Lujan Grisham has done a poor job of handling COVID 19.
In fact, we laid out an alternative approach to the Virus back in April of 2020 that was entirely ignored by the Administration. And, MLG continues to engage in absurd policies like forcing student-athletes to wear masks. New Mexico is the ONLY state to currently do that.
A new report from Emily Burns at The Smile Project places New Mexico 7th-worst overall. The data used are below and include death rates, unemployment, and lost schooling. There are other ways to rate overall COVID performance, but the chart below does a solid job.
The United States Federal Government mandates retention rules for private sector entities. This is prevalent in the Health Insurance Portability and Accountability Act (HIPAA).
Section 164.316(b)(1) HIPAA requires that organizations:
“(i) Maintain the policies and procedures implemented to comply with this subpart in written (which may be electronic) form; and (ii) if an action, activity or assessment is required by this subpart to be documented, maintain a written (which may be electronic) record of the action, activity, or assessment.”
Section 164.316(b)(2)(i) also says:
“Retain the documentation required by paragraph (b)(1) of this section for 6 years from the date of its creation or the date when it last was in effect, whichever is later.”
Even the Internal Revenue Service (IRS) requires retention of individual tax returns and related documents for 3 years:
“Keep records for 3 years if situations (4), (5), and (6) below do not apply to you.”
If the government has the authority to mandate records retention requirements for private entities, we the people ought to invoke our authority to require reasonable records retention periods from our government.
Is 24 hours reasonable? The Rio Grande Foundation does not agree.
As such, the Foundation has filed a complaint with New Mexico Attorney General Hector Balderas after recent discovery of the executive retention policy of Michelle Lujan Grisham’s administration. In January of 2021, the executive branch issued a directive mandating automatic records deletion of all instant messages sent through the state’s messaging platform after 24 hours.
We find this to be an egregious assault on openness and transparency in government and implore the Attorney General to take immediate action.
Albuquerque’s homeless situation continues to spiral out of control while some “leaders” want to institutionalize “homeless” encampments around the City in yet another effort to make homelessness an even greater problem. Mayor Keller has also proven himself to be woefully unprepared to address the problem.
Driving from I-40 to Downtown is one of the “best” ways to see what is happening for yourself although almost every intersection in town has people asking for money. These photos were taken on the afternoon of June 15, 2021.
Is inflation back? Free buses in Albuquerque and Enchant Energy will experience delays as it moves to implement carbon capture technology to keep San Juan Generating Station open.
Finally, Paul was recently in Idaho to meet with occasional Tipping Point guest Grover Norquist.
The Albuquerque Journal’s John Trever, of course, had it right from the beginning in this 2020 cartoon. 
