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ACLU, Teachers And Parent Sue Over Test Rule, Report Slams Medical Board Secrecy

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ACLU, Teachers And Parent Sue Public Education Department – KOB-TV

The American Civil Liberties Union along with teachers and a parent are suing the New Mexico Public Education Department over a rule they say discourages criticism of standardized tests.

KOB-TV reports the parties plan to file the suit Wednesday and they claim PED is violating free speech rights. The teachers filing suit teach at Montezuma Elementary School in Albuquerque and Kearny Elementary School in Santa Fe, while the parent has a child in Albuquerque Public Schools.

The suit has the support of the Albuquerque Teachers Federation President Ellen Bernstein.

A spokesman for PED said the rule is from the Richardson Administration, but he added that teachers spending time “disparaging exams that students will be taking is a waste of valuable time and unquestionably detrimental to their students.”

LFC Warns State May See $120M Budget GapSanta Fe New Mexican

Lawmakers likely will not meet in special session on the budget but an outlook warns they could face a $120 million deficit when they begin the next session in January 2017.

The Santa Fe New Mexican reports the Legislative Finance Committee forecast says the state may face that gap over several future budget cycles. The LFC warns it will be necessary to look at spending reductions, revenue increases or some combination of those.

Gov. Susana Martinez said she would not raising taxes. More accurate forecasts will come in August and volatile energy prices could also change the outlook.

The state’s budget for 2017 is based on oil prices of $38 a barrel, which is where it currently stands. But the growth of Medicaid is also impacting the budget. Rep. Larry Larranaga, R-Albuquerque, who chairs the House Appropriations and Finance Committee, says the state must find a way to contain growing Medicaid costs.

OptumHealth Accused Of Medicaid Fraud In 3 Lawsuits Santa Fe New Mexican, Associated Press

A health care company that tried to root out fraud in New Mexico's Medicaid program now faces three lawsuits claiming that it was committing Medicaid fraud itself.

The Santa Fe New Mexican reports that the lawsuits filed against OptumHealth Inc. say the company mishandled Medicaid payments to mental health providers.

In one lawsuit, a former OptumHealth employee claims she was fired for reporting concerns about possible Medicaid fraud.

OptumHealth spokeswoman Lauren Mihajlov says the company rejects the allegations in the lawsuits.

OptumHealth's efforts to root out waste in the system led New Mexico to suddenly suspend payments to 15 providers in June 2013. The providers treated low-income patients for mental illness or addiction.

Three years later, 13 of the 15 providers have been exonerated of criminal wrongdoing by the state Attorney General's Office.

Report Slams New Mexico Medical Board Website SecrecyAlbuquerque Journal

A review by Consumer Reports rates the New Mexico Medical Board’s website among the worst nationwide for not providing information on whether doctors had criminal convictions or disciplinary actions by hospitals or federal agencies.

The Albuquerque Journal reports the magazine ranked the website 42nd among 50 states and the District of Columbia. It does note that consumers can find information on disciplinary actions by the board itself and consumers can file complaints at the site.

Lisa McGiffert who led the Consumer Reports project said medical boards should let people know about actions against doctors by hospitals, law enforcement agencies and federal agencies since it’s usually public record.

A spokeswoman for the New Mexico Medical Board said state law limits what kind of information the board can post online, but she added that transparency is always important to the board and it will review the report.

Former Papen Aide Pleads Not Guilty In Embezzlement Case Las Cruces Sun-News, Associated Press

A former aide accused of embezzling tens of thousands of dollars from a high-ranking member of the New Mexico Senate has pleaded not guilty.

Stephen Siddall is facing embezzlement and conspiracy charges in the theft of money from personal, campaign and government accounts belonging to Senate President Pro Tem Mary Kay Papen.

The Las Cruces Sun-News reports that Siddall entered his pleas during an arraignment hearing Monday.

Siddall served as Papen's campaign treasurer and was a longtime personal assistant. He was arrested in January.

Police began investigating last year and discovered more than $8,700 in withdrawals from Papen's Senate account that dated back to 2013. Another $49,000 disappeared from her election account between November 2013 and May 2015, and more than $125,000 went missing from her personal account.

Oil-Dependent New Mexico Joins Climate-Change CoalitionAssociated Press

New Mexico Attorney General Hector Balderas has joined a coalition of 17 state attorneys general to combat global warming by examining whether fossil fuel companies misled investors or the public on the impact of their business.

State Deputy Attorney General Tania Maestas met Tuesday in New York with other prosecutors in the coalition. New Mexico depends heavily on the oil and natural gas industries to fund government operations and endowments.

New York, California, Massachusetts and the U.S. Virgin Islands are actively investigating whether Exxon Mobile deceived shareholders and the public about the effects of climate change.

Those investigations follow news reports by InsideClimate News and others that internal Exxon documents from the late 1970s showed an awareness that global warming might threaten the company's existence.

New Mexico Governor Courts California Businesses Associated Press

New Mexico's governor and economic development secretary are hoping to lure businesses and jobs home with them during a three-day trip to Southern California.

Economic Development Secretary Jon Barela says the mission ending Wednesday includes meetings with site selection consultants to California businesses.

He says many of New Mexico's corporate tax rates and wage provisions compare favorably to California from an employer's standpoint.

New Mexico Gov. Susana Martinez is not the only Republican governor to court California businesses in recent years. Governors Rick Scott of Florida and Rick Perry of Texas have made high-profile visits there touting home-state advantages on taxes and regulation.

New Mexico's unemployment rate has hovered near 6.4 percent for the past year, while the national rate declined to 4.9 percent in January.

Officials Warn Against Flying Drones Near Active Wildfires Associated Press

Now that wildfire season is in full swing in New Mexico, land managers are warning people not to fly drones while crews are trying to battle flames.

There was a report of a drone flying near Ruidoso where firefighters and air tankers have been busy trying to douse a blaze that has charred an area at the edge of the mountain village.

Loretta Benavidez with the U.S. Forest Service said Tuesday the report of the drone came in after aircraft assigned to the fire flew their missions.

Had the report come in sooner, officials would have been forced to ground any air support.

Benavidez says the message is clear: If you fly, we can't.

She says a temporary flight restriction is in place over the fire so no drones allowed.

Irrigation District Intervenes In Rio Grande Water Lawsuit Associated Press

The board of directors for one of New Mexico's major irrigation districts has voted to intervene in a lawsuit concerning decades-old permits and the authority to pull water from the Rio Grande.

Environmentalists are challenging the office of the state engineer, saying New Mexico's top water managers have failed to force the Middle Rio Grande Conservancy District to prove it's putting the water to beneficial use.

The district's counsel, Chuck DuMars, contends the irrigation district demonstrated that water rights were placed into beneficial use through the construction and operation of the district's diversion and distribution system under a plan approved in 1928.

DuMars says the lawsuit should be dismissed.

WildEarth Guardians argued in its suit that the state engineer has effectively given the district a blank water check for decades.

UFC's Jon Jones Booked Into Jail On Probation ViolationAssociated Press

Former UFC light heavyweight champion Jon "Bones" Jones, who trains in Albuquerque, has been booked into the county jail for a probation violation stemming from traffic citations he received last week.

Jail records show he was being held Tuesday without bond. It was unclear when he will appear before a judge.

Jones is scheduled to fight Daniel Cormier at the end of April in a light heavyweight title fight. It's unclear if his legal troubles will affect the bout, but the UFC said in a statement that it's aware Jones turned himself in.

UFC has been in touch with Jones' legal team but declined to comment further.

Albuquerque police accused Jones of drag racing in the downtown area last Thursday. He was given five citations.

He also recently pleaded no contest and was sentenced for separate traffic violations stemming from a stop in January.

DOE Affirms Commitment To Los Alamos Cleanup – The Associated Press

The U.S. Department of Energy says it's committed to cleaning up legacy waste left behind at Los Alamos National Laboratory by decades of bomb making and related nuclear research.

A department spokesman reiterated the commitment Wednesday after New Mexico regulators unveiled a new proposal for addressing hazardous waste and contamination in and around the northern New Mexico lab.

The DOE confirmed that it has been in discussions with the state Environment Department over a revamped cleanup schedule since milestones outlined in a previous agreement signed in 2005 has run out.

The department says it's looking forward to reviewing the draft proposal.

A series of public meetings will be planned over the coming weeks and the public will have through May 16 to weigh in.

5 Inmates Intend To Sue Over February Fire – The Associated Press

Five female inmates intend to sue over injuries they say they sustained in a February fire at the Curry County Adult Detention Center.

The Clovis News Journal reports Portales attorney Eric D. Dixon filed the tort claim against the county Tuesday. The filing says the fire was started by another inmate who had been given a lighter by a jailer.

Curry County Manager Lance Pyle said an investigation is planned.

Pyle declined to comment further on "threatened litigation."

Indian Education Head Demoted In Hiring Flap – The Associated Press

The director of the U.S. Bureau of Indian Education has been demoted after a federal report found he violated hiring practices.

The Interior Department says it has removed Charles "Monty" Roessel as director due the gravity of the issues raised in the watchdog's report released Wednesday.

The department's Office of Inspector General found Roessel abused his position by hiring a close relative and a woman with whom he had a romantic relationship.

Roessel told investigators he hired the woman as a program analyst in Washington, D.C., because she was the most qualified candidate. He acknowledged fault in hiring his relative to work at Navajo Nation schools.

Ann Marie Bledsoe Downes, a deputy secretary under the Interior Department, will serve as acting director of the Bureau of Indian Education.

Settlement In Lawsuit By Police Officer Shot By Supervisor – The Associated Press

An Albuquerque undercover officer who was shot multiple times at point blank range by his supervisor has reached a settlement in a suit against the city and the since-retired supervisor.

A federal magistrate on Wednesday filed a brief order saying she'd received notice of the case being settled. She ordered the sides to file papers to close the court case within 30 days.

The Albuquerque Journal reports the settlement is for $6.5 million.

The magistrate's order didn't disclose terms of the settlement of the suit filed by Jacob Grant against the city and former police Lt. Greg Brachle.

Brachle shot Grant Jan. 9 2015 while Grant and another officer were undercover in a parked unmarked police car. They had just bought drugs from two suspects.

Brachle recently retired.

New Mexico's Plan To Use Pesticide On Fish Makes Some Uneasy – The Associated Press

New Mexico officials plan to use a pesticide to help re-establish a native Gila trout population, but some scientists say the chemical could pose health risks for humans and other species.

The New Mexican reports that the New Mexico Game and Fish Department says the pesticide, rotenone, has been safely used to kill invasive fish species for years. The department hopes to use rotenone to kill off remaining populations of rainbow and brown trout in parts of Whitewater Creek and its tributaries, giving the threatened Gila trout a better chance of survival.

Recent studies have linked rotenone exposure to an increased likelihood of developing Parkinson's disease. Some scientists say the pesticide's effect on humans and the environment should be studied further.

New Mexico Hires Mike Bradbury To Lead Women's Team – The Associated Press

New Mexico has hired Mike Bradbury to take the helm of the women's basketball program.

The school made the announcement Wednesday, saying a news conference would be held Thursday afternoon.

Bradbury replaces Yvonne Sanchez, who was fired in mid-March after five seasons as head coach.

A protege of the school's winningest coach, Don Flanagan, Sanchez joined the program in 2000. She was hired to replace the retiring Flanagan following a national search.

Bradbury has coached the women's team at Wright State since 2010. He was named the Horizon League Coach of the Year for 2014-15 and led the team to a 25-9 finish this season.

He also led Morehead State for three seasons and was an assistant at Xavier and Cincinnati.