SENATE MEMORIAL 23

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Linda M. Lopez

A MEMORIAL

REQUESTING THE GOVERNOR TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO PROVIDE THE SENATE WITH BACKGROUND CHECK INFORMATION ON APPOINTEES SELECTED FOR SERVICE IN A REGULATORY OR POLICYMAKING CAPACITY.

     WHEREAS, the senate is the legislative body charged with exercising advice and consent responsibilities over executive branch appointments; and

     WHEREAS, the senate, through Senate Rule 9-2 (g), has created a committee designated as the senate rules committee; and

     WHEREAS, the senate rules committee is charged with conducting hearings and taking testimony on the confirmation or rejection of executive branch appointments, with the recommendations of the committee submitted to the senate; and

     WHEREAS, the senate rules committee has those powers necessary to make a proper recommendation on matters referred to it and has the authority to call upon all state officers, heads of agencies, employees of agencies and political subdivisions to furnish the committee information, records and documents necessary or proper to accomplish the purposes for which the committee was created; and

     WHEREAS, executive branch appointees serving in a regulatory or policymaking capacity wield substantial authority; and

     WHEREAS, certain executive branch appointees serve on constitutionally created bodies that have absolute management and control over their institutions; and

     WHEREAS, the senate rules committee has provided, through committee resolution, for the creation and development of processes and procedures to assist the committee in fulfilling the responsibilities conferred upon the committee by the senate; and

     WHEREAS, as a part of the processes and procedures, the senate rules committee has employed a questionnaire eliciting information related to an appointee's suitability for an appointment; and

     WHEREAS, the senate rules committee established a process that provided for the department of public safety to verify the information provided on the questionnaire and to provide any other information deemed pertinent in fulfilling the responsibilities of the committee; and

     WHEREAS, the procedure worked as designed, with approximately fifteen appointees receiving background checks by the department of public safety; and

     WHEREAS, after commencing the background check process, the department of public safety was inexplicably ordered by Governor Bill Richardson to no longer assist the senate in this endeavor;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the governor be requested to rescind the governor's order to the department of public safety and to allow the department to provide the senate with background check information on appointees selected for service in a regulatory or policymaking capacity; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the governor.

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