Judge: Parts Of County Ordinance Unconstitutional – The Associated Press and Las Vegas Optic
A federal judge says portions of a Mora County ordinance that bans oil and gas drilling in the rural northern New Mexico county are unconstitutional.
U.S. District Judge James Browning says some of the ordinance's provisions are "pretty wild" and inconsistent with federal law.
His comments came during a motions hearing this week in Albuquerque as one oil company seeks to strike down the ordinance.
Attorneys for SWEPI, a subsidiary of Shell, say the ordinance is so unconstitutional there's no need to go to trial. They say the ordinance effectively destroyed the value of the company's drilling leases.
The Las Vegas Optic reports that Browning has yet to decide whether to strike down the entire ordinance or invalidate parts of it.
Albuquerque councilors To Vote On DOJ Agreement - The Associated Press
Albuquerque city councilors are expected to endorse on an agreement with the U.S. Justice Department aimed at overhauling the city's troubled police department.
Councilors are scheduled Thursday to vote on the plan that needs to be formally signed by Albuquerque officials next week.
The U.S. Justice Department and New Mexico's largest city announced the agreement last month to overhaul Albuquerque's police department amid accusations of excessive force. The agreement calls for new training and protocols for investigating officer shootings.
It also calls for the agency to dismantle some units, including the troubled Repeat Offender Project unit. Federal officials said the unit had morphed into its own tactical operation and had little supervision.
State Human Services Department Secretary Resigns - The Associated Press
Human Services Secretary Sidonie Squier is stepping down from her cabinet-level job in Gov. Susana Martinez's administration running one of the state's largest agencies.
Squier's resignation is effective Dec. 1.
The governor said in a statement Thursday that Squier's "leadership has been valuable and important" during a time when New Mexico expanded and overhauled its Medicaid program, which provides health care to lower income New Mexicans.
In a letter to the governor, Squier described her position as the "hardest job of my dreams but the happiest time of my career."
Squier has faced criticism from legislators and social services advocates for the Human Services Department's decision to halt Medicaid payments to more than a dozen mental health providers because of allegations of fraud, mismanagement and overbillings.
Albuquerque School District Releases New info On Former Chief - The Associated Press & The Albuquerque Journal
New information shows an attorney was hired to look into accusations of intimidation and retaliation involving former Albuquerque Public Schools Superintendent Winston Brooks before he resigned.
The Albuquerque Journal reports that the district Wednesday released a new document on the mysterious departure of Brooks after a public records request from the New Mexico Foundation for Open Government.
The document, a prepared statement that board President Analee Maestas read to board members over the phone in July, revealed plans to hire attorney Agnes Padilla to investigate the allegations.
Brooks resigned Aug. 15 after the board agreed to buy out the last two years of his contract for $350,000.
Both sides declined to elaborate on his resignation.
New Mexico To Renew Work Plan For Food Stamps - The Associated Press
Gov. Susana Martinez's administration says it plans to redo a plan for imposing work requirements on low-income New Mexicans to qualify for food stamps.
A Human Services spokesman says the state won't proceed with regulations it had hoped to implement this month. Instead, the Human Services Department will restart the regulatory process but propose the same work-related changes that have been challenged in court.
A state district judge last week temporarily blocked the Human Services Department from implementing new regulations affecting about 80,000 food stamp recipients.
The state was sued by social services advocates who contended the agency didn't follow proper procedures for adopting regulations to the food stamp program.
The spokesman says the state hopes to avoid a potentially costly legal fight by starting over on new regulations.
Low Turnout In New Mexico General Election - The Associated Press
Voter turnout dropped sharply in New Mexico's general election.
Unofficial returns from the secretary of state's office show that about 512,000 voters cast ballots. That's roughly 40 percent of the state's registered voters and would represent the lowest turnout rate in decades.
The turnout rate could increase somewhat once final returns become available.
Four years ago, 607,700 votes were cast when Gov. Susana Martinez won election — a record high turnout for a gubernatorial election year. That represented about 53 percent of registered voters.
Pollster Brian Sanderoff says a lack of enthusiasm among Democratic voters contributed to the depressed turnout.
Land Commissioner, PRC Races Too Close To Call - The Associated Press
Still no conclusive result in the race for New Mexico land commissioner between incumbent Ray Powell and Republican challenger Aubrey Dunn. Dunn has claimed victory but the results are so close they may trigger an automatic recount.
Virgin Galactic Looks To Resume Tests In 2015 - The Associated Press
The head of the space tourism company that suffered a tragic setback when its experimental rocket ship broke apart over the California desert says test flights could resume as early as next summer.
Virgin Galactic CEO George Whitesides told The Associated Press on Wednesday that work is underway at the company's shop in the Mojave Desert to finish a second spacecraft.
It will replace the first SpaceShipTwo, which was destroyed last week when it disintegrated during a test flight, killing one pilot and seriously injuring another.
Whitesides says the new ship's frame is complete, but critical flight control systems, wiring and windows still need to be installed. He says the work has become a form of therapy for employees as they try to focus on something constructive in the wake of the accident.
New Mexico Ruling On Green Building Codes Appealed - The Associated Press and Santa Fe New Mexican
A court's ruling that upheld a repeal of "green" building standards implemented by New Mexico when Democrat Bill Richardson was governor is being appealed.
The Santa Fe New Mexican reports that energy-efficiency-advocates are asking the state Supreme Court to review the Court of Appeals' decision.
The Court of Appeals decision upheld the move by Gov. Susana Martinez's administration to overhaul the codes.
The Construction Industries Commission first revamped the codes in 2011 and then readopted the changes last year and tried to address the court's earlier ruling that it hadn't provided sufficient reasons for the changes.
Environmentalists appealed, contending the commission still hadn't justified the code overhaul.
The commission went back to an existing international energy-efficiency code that the plaintiffs contend is less rigorous than the new one.
State Judgeship In Albuquerque Becoming Vacant - The Associated Press
An independent commission will meet later this month to recommend candidates to the governor for filling a vacant judgeship in Albuquerque.
The term of District Judge Kenneth H. Martinez expires at the end of the year. He didn't seek to be retained in the general election. He was appointed to the 2nd Judicial District judgeship in 2005 by then Democratic Gov. Bill Richardson.
Lawyers wanting to be considered by the nominating commission must submit applications by Nov. 24.
The panel will meet Dec. 9 in Albuquerque to interview applicants and recommend candidates for possible appointment.
Santa Fe 'El Dentista' Ordered Back To Jail - The Associated Press
A Santa Fe man, known as "El Dentista" and who is accused of operating an unsanctioned mobile dentistry service, is back in jail.
State District Court Judge Glenn Ellington ruled this week that 37-year-old EliverKestler violated his conditions of release and ordered him jailed until his February trial.
A woman who received dental services from Kestler says he threatened her when she unexpectedly ran into him at a grocery store last month.
According to the conditions of Kestler's release, he was ordered to have no contact with former patients who might be called to testify about his dental work.
Kestler has pleaded not guilty to practicing dentistry without a license.
Dona Ana County Adds Rainfall Monitoring Stations - The Associated Press
Part of southern New Mexico is getting a new array of rainfall monitoring stations to help authorities provide flood warnings to residents who could be in danger from wet weather elsewhere.
Dona Ana County officials say the county Flood Commission is installing the sites in conjunction with the National Weather Service.
Plans call for dozens of weather stations, stream gauges and water-level monitoring stations throughout the county by 2017.
Flood Commission Director Paul Dugie says the monitoring network is important because residents in low-lying areas where no rain has fallen could be at risk due to arroyo flooding resulting from rainfall upstream.