Republican accuses Democrats of misconduct on appropriation for full-time staff


Jan. 29—A $10.1 billion spending plan approved Monday by the House Appropriations and Finance Committee is turning into a political football over a last-minute $6 million appropriation to provide lawmakers with full-time staff.

“Just when you think progress is being made with regards to good government and legislative transparency, something happens that restores the public distrust and skepticism that has plagued public-office holders for generations,” Rep. Rod Montoya, R-Farmington, wrote in a Monday op-ed.

“This at best is legislative misconduct and at worst is a violation of the public’s trust,” he added.

In an interview, Montoya said the proposed appropriation popped up last week during a process called “catch-up, clean-up,” which he said is the last time the committee can make changes to the state’s proposed budget.

Montoya first raised concerns about the proposed funding for staff during a committee meeting Friday, accusing Democrats of sneaking the proposal in the budget without a plan. He brought up his concerns again Monday.

Rep. Nathan Small, a Las Cruces Democrat who chairs the House budget committee, said the idea of providing lawmakers with full-time staff members has been years in the making, including several years of “robust discussion” and public hearings.

“I think what we heard, including from other members, is this is actually just the next step in what has been an orderly, yearslong process,” Small said.

Asked why the proposed $6 million appropriation wasn’t included in the original spending plan, Small said it wasn’t outside the norm to propose changes.

“We saw a number of additional work on Friday in ‘catch-up, clean-up’ in multiple areas,” from higher education to transportation, he said.

“There’s certainly one member who has made some comments in two days’ time, but I think everybody has seen that this is simply how the process works,” he added.

Additional investments in transportation, workforce training and health councils are other examples of spending that wasn’t part of the original budget proposal, Small said.

House Republican leaders wrote a letter Thursday to Small addressing “rumors circulating in the Roundhouse” of plans to provide lawmakers with year-round staff “at taxpayers’ expense.”

“These reports indicate that as much as $10 million will be added to the state budget bill,” wrote House Minority Leader Ryan Lane, R-Aztec, and Minority Whip Jim Townsend, R-Artesia. “Preventing or greatly reducing needed discussion and debate by the full membership of HAFC is unacceptable given the importance of this matter.”

Small responded Friday, writing “the reports and rumors” they referenced in their letter “about a lack of transparency or opportunity for debate regarding our state budget are completely unfounded.”

Small noted New Mexico is the only state in the nation with an unpaid Legislature and “extremely limited year-round staff” and discussions about providing lawmakers with full-time staff members to better serve their constituents have been happening for years. Last year, the bill appropriating money for the legislative session, known as the “feed bill,” included funding for a study on staffing.

Lane and Townsend said in their letter to Small that since the Legislative Council Service commissioned and released the study, “there has been zero public discussion of the purported benefits and likely costs of implementing one of the three staffing proposals presented.”

“The public has put their trust in us to be transparent when considering major policy changes such as the staffing proposal,” the letter states.

Montoya, noting the process “at the very least … needs to be legitimized,” introduced a bill Monday to provide lawmakers with “nonpartisan” year-round staff who would be assigned to one of 12 regional legislative offices at a cost of $6 million.

“I’m introducing this bill not necessarily because I’m a fan of hiring staff, but I did create a bill here that I can live with, which is the lower end tier of the options that we were given [in last year’s study],” he said.

“I believe this gives us a vehicle to legitimize this budget item, and I think that is something that all of our constituents expect, is for us to do things above board, out in the open, have the debate, and it should be clear at the end what we’re voting for,” he said.

Despite Montoya’s resistance Friday and again Monday, the committee voted 13-3 to advance the proposed budget to the House floor. Montoya and Republican Reps. Cathrynn Brown of Carlsbad and Randall T. Pettigrew of Lovington cast the dissenting votes.

The budget plan for fiscal year 2025 would increase spending by almost $621 million, or 6.5%, over the current fiscal year.

Follow Daniel J. Chacón on Twitter @danieljchacon.

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