Showing posts with label Wayne Hancock. Show all posts
Showing posts with label Wayne Hancock. Show all posts

Sunday, May 8, 2016

Why We Need Wayne Hancock and Dr. David Garcia

Wayne Hancock is a dedicated and conscientious public servant, and voters should retain him as county commissioner.

We met recently at a small locally-owned coffeehouse. As Wayne went in to get his coffee, he spotted a couple of stray napkins blowing around on the patio. He bent over to pick them up, put them in the trash, then went in. 

He's that kind of guy. The opposite of pompous; and naturally inclined toward doing the right thing.
Hancock has tried to do right by Doña Ana County. He's proud the County's gone five straight years without a negative audit finding. He's proud they got a glass-recycling facility. 

The commission has also started a public transportation system for the south county. Rural folks, some old and/or poor, were missing medical appointments. (La Clinica Familia reports 60% no-shows outside the city.) Students were missing classes at DACC. 

Critics confuse this system, perhaps intentionally, with the larger one ($10 million annually in bonds) that voters rejected. This more modest program? El Paso Metropolitan Planning Organization recently chipped in $109,000, and the NM Department of Transportation $419,000. A $264,000 investment has met an obvious need – and brought in $528K. Ridership has increased steadily.

Anti-Hancock sound-offs, some basing their points on columns I've written criticizing the county administration, misunderstand (intentionally in some cases) the facts and the law. Mad at Hancock because you think Chris Barela broke the law? A few years ago, when I reported some of what I'd learned to enforcement authorities, Commissioner Hancock also reported what he knew. So he ain't in cover-up mode. He was concerned, as citizen and as commissioner. Mad that the county settled a lawsuit or took it to trial? Quite possibly the insurer (NM Association of Counties) made that decision. Not the commission.

I do question the conduct of some county officials. Some county employees say Julia Brown should fire Debra Weir, then resign. I'm not sure they're wrong; but commissioners may know things we don't. It may be that the commission, in moving more deliberately and carefully, is make a better decision, based on the whole picture. Their care and deliberation could help avoid a lawsuit if they ultimately fire Ms. Brown. Running this county is complex. Employees are a major consideration, but not the only one. 

In four years Hancock has learned a lot about the complex mechanism that is our county government, and he's sincerely trying to improve it. We'd lose that learning if he left the commission. Same with Dr. David Garcia. Dr. Garcia is almost painfully sincere in his concern that things be done right. They're intelligent, thoughtful men with gumption and good instincts. That's more important than whether we agree on every issue.

A new commissioner trying to deal with the administration would be at a disadvantage. Meanwhile, Sheriff Kiki Vigil (who has warred with Brown and opined that Dennis Montoya would be a better manager) is actively backing three candidates. If elected, those three (if beholden to Sheriff Vigil) could fire Brown and hire Dennis Montoya. While Dennis is a smart guy, that's not the right solution. (I've tried to reach Vigil for comment.)

The key decisions that face us are more significant and complex than the bickering between sheriff and county officials. Mr. Hancock has a better grasp of those than his challengers, and has the maturity and strength of character to stand up against interests who would seek to abuse our precious and limited resources. That's why retaining Hancock and Garcia matters.

When we finished talking, Wayne bussed our table before I could even lend a hand.
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 [ The above column appeared in the Las Cruces Sun-News this morning, Sunday, 8 May, and on the newspaper's website.  It will also appear presently on the KRWG-TV website.  I welcome comments, questions, and criticisms here or on either of those websites.]

[One note on the transportation system: There was a proposal for a transportation system that would have required something like $10 million in annually.  Voters rejected that, and made clear they thought it was way too expensive for this county.  The commissioners listened.  They put in place a system that should help meet the need but cost a fraction of the initial amount the voters rejected.  However, I should clarify my discussion of this in the column.  Apparently the $264,000 is what's been spent to-date.  (As of the end of April.)  Which in turn has netted $528,000 in grants.  The overall cost for the year should be another $56-$64,000 per month, depending on fuel costs and other variables.  Eight months at $60K each would be $480,000 -- a hell of a lot less than $10 million, but more than $264K.  On the other hand, there's a reasonable likelihood of further grants, too.  Thus I didn't want someone to attack this column by noting that $264,000 isn't the cost for the whole year; but it seems likely the ultimate cost, after subtracting out what grants cover, will be minimal.  That sounds like good business to me.]
[On Vigil and Montoya: I want neither to be an alarmist nor to ignore this point.  I can't say how likely it is that a revamped commission would fire Brown and replace her with Montoya.  What we know (from Sheriff Vigil himself) is that he is walking the streets for candidates in three districts, and has threatened current commissioners that they'll be gone.   If his candidates win, his level of control over them is another unknown.  Further, his reported remark that Mr. Montoya would be a better county manager than Ms. Brown may have been offhand.  Still, it's troublesomeUnfortunately, he didn't call me back.  I'd have liked to include his side on this.] 

Wednesday, February 24, 2016

Fight for "Customer Choice"

Help save us all money!

El Paso Electric (EPE) wants a humongous rate increase: initially $8.6 million, dropped to $6.4 million.

Recently, a hearing examiner's proposed decision (PD) recommended giving EPE about one-tenth of that, $640,000.

That was good. Credit intervenors, including U.S. Congressional candidate Merrie Lee Soules, One-Hour Air-Conditioning, and our City, County, and Attorney-General. 

But the PD, apparently a huge victory for customers, would actually be a devastating and expensive loss if allowed to stand! 

The relatively “small” overall increase is actually a huge increase to residential customers and a decrease for some large customers. Worse, most of the residential increase is to a “customer charge” that even the smallest customers pay, regardless of usage. Our poorest citizens get hit hardest.

Part of the reason we get hosed, and big companies get a decrease, is that they have a Time of Use rate and we don't. EPE determines rates mainly based on customers' “peak usage”; but while big customers can cut back to save on peak, EPE discourages residential customers from decreasing their peak-time usage. EPE doesn't give them a clear signal that shifting usage will save money. 

Each of us needs to write or call the PRC seeking “Customer Choice.”

Intervenors have proposed a wholly voluntary Customer Choice pilot program limited to 4% of EPE's customers. Customers could use less energy at peak times and save money, the way large users can. Demonstrating that we could adjust our usage would help both our wallets and our environment. 

Why would EPE oppose Customer Choice? Because if EPE can keep “peak usage” very high, it can sell the PRC on the idea that EPE needs to build additional huge (and wasteful) power plants so as to be able to supply the “peak usage” needed on the highest-usage day of the year. If usage gets evened out more, there's no such excuse. 

We're talking big money: EPE says it will build $1.1 billion in new assets over the next five years, possibly raising rates 40% – all to hit the “peak usage” need that doesn't have to occur! We're also talking urgency: EPE will file its next rate increase in early 2017.

Only by implementing the Customer Choice pilot program NOW can we help stave off this madness, by showing that many customers, if allowed, will choose to save money by washing and drying their clothes at a non-peak usage times. If we can't implement it now, we can't demonstrate that it works in time to forestall huge capital expenditures by EPE for unnecessary new power plants that we'll be paying for for decades.

It's a mystery why the hearing examiner proposes to deny us Customer Choice. The pilot program would be a small, sensible effort to gather accurate information. EPE might not want accurate information that could show its additional power plants would be a waste of money; but why should the hearing examiner or the PRC – our employees – oppose it? 

The PD claimed that there wasn't sufficient detail in the record; but Intervenors supplied huge boxes of data, including four years' worth of analysis, extensive data, and a detailed rate schedule!

The County Commission – led by Chairman Wayne Hancock and Billy Garrett – gave county attorneys clear orders to fight this; the City is doing the same. Please add your voice to the chorus!

My blog post today has further information and the Commission's address; but at least email and call Commissioner Sandy Jones at (505) 827-4531 / Sandy.Jones@state.nm.us

Ask that we be allowed to show what we can do. We need Customer Choice.
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[The column above appeared in the Las Cruces Sun-News this morning, Sunday, 28 February, and will appear later on the KRWG-TV website.  You may comment directly on this blog-post, on www.lcsun-news.com by clicking on Opinion and looking for this column, which will be under a different headline;, or by clicking on News then Local Viewpoints on the KRWG site.  I welcome comments, questions, and criticism.]

Please write:
Public Regulation Commission
1120 Paseo de Peralta
PERA Building
P.O. Box 1269
Santa Fe, NM 87504

Please call or email :
Karen L. Montoya    (505) 827-8015   KarenL.Montoya@state.nm.us
Patrick Lyons            (505) 827-4531   Patrick.Lyons@state.nm.us
Valerie Espinoza       (505) 827-4533   Valerie.Espinoza@state.nm.us
Lynda Lovejoy          (505) 827-8019   Lynda.Lovejoy@state.nm.us
Sandy.Jones               (505) 827-8020     Sandy.Jones@state.nm.us

Tell them "Customer Choice" makes sense for EPE's customers -- and for the environment -- and that it's only fair!

Mr. Jones is "our" Commissioner.  I'd suggested calling him, if you just call one; and if you send an email, direct it to him but "cc" the others.
[You might also "cc" County Commission Chairman Wayne Hancock and/or Mayor Miyagashima, to express support for their interventions, which helped decrease the rate increase 93% from what EPE filed for.]
[But the PD retains or even strengthens the unfairness of EPE's rates.  And I can only tell you that the closer you look, the worse EPE's conduct here smells!]

Sunday, September 6, 2015

County Commission Acts on Transit -- Consistently with Voters' Wishes

I've heard complaints that the County Commission has somehow betrayed its constituents by approving funds for mass transit; but whoever's complaining may not understand the county's action or the concept of representative democracy – or doesn't want to understand.

Although many of us have cars, many do not. Poverty, age, illness, or disability prevents them from driving into town, to shop or even for medical appointments. That can be a major problem for folks in rural areas.

Last November, voters rejected a proposal to raise the GRT to provide $10 million annually to fund a special transit district.

Many folks agreed something should be done about transit, but thought $10 million was a lot to ante up when the extent of the problem wasn't fully clear. They voted “No” because they didn't think the buses would get used enough to warrant such an outlay, but they recognized there was a need. Many suggested that a scaled-down service with smaller buses and fewer routes, targeted to meet specific needs, would help show the size and nature of the actual demand.

I heard and read enough statements from people, some old or ill or handicapped, to feel convinced there's a need. At the same time, I had doubts about the scope of the project as proposed. But those were doubts about the size of the market or certain assumptions by the organizers, not about the basic need.

I don't know how fully the organizers polled the business community ahead of time. While businesses would tend to oppose a GRT increase, they should welcome an affordable mechanism that enables more potential customers to get into Las Cruces. They might also have had insights into running the thing in a reasonably businesslike fashion.

Most of the opposition I heard (including a Sun-News editorial) was to the project's scope and total cost, not to the basic idea.

The Commission heard the voters loud and clear, and neither revived the $10 million proposal nor ignored the need for buses. Commissioners approved using $750,000 on a scaled down project. That is, they're spending less than ten per cent of the amount the voters rejected.

Far from ignoring the citizens the County Commission would seem to be listening to all the citizens, those opposed to taxes and those in need of services, and making a reasonable compromise.
Which is an important tool in government.

We live in a representative democracy. Not ancient Athens, where the entire male population of Athens could serve as the jury in Socrates's trial and decide his punishment. Not a Vermont Town Hall, where the entire population of East Pancake can vote on how much to spend on the volunteer fire department.

So we elect representatives who are tasked with studying matters in detail, folks we believe are qualified by some combination of wisdom, experience, political views, personality, intelligence, diligence, etc. to make reasonably sound decisions that generally represent what most of us think, or what most of us would approve if we knew all that our representatives have taken the time to learn. There's no promise that each of us will agree with our representatives' votes on each specific issue.

The Founding Fathers envisioned us electing such representatives based on some combination of prudence, good judgment, smarts, honesty, and loyalty that made them sensible stand-ins for their constituents – not because we agreed with them on a particular issue. Or were of the same Party. The Founders didn't really contemplate these huge political parties.

What the County Commission did seems sensible; it reasonably addresses a known need; and it probably followed the will of a large segment of County voters.

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[The above column appeared in the Las Cruces Sun-News this morning, Sunday, 6 September and will appear on the KRWG-TV website later todayThe Sun-News headline was "County Commission Listens to All Voters" -- which is fine, and close enough to what I'm saying on this issue in this column, but sounds a little more purely positive than I feel about our county government.   I think we have a basically good set of commissioners who have intelligence and skills, and a lot of diligence, and are working hard to solve an abundance of problems in the best ways for all of us.  They're trying to do the right things, and often do.  At the same time, there are critical problems: the Detention Center; discordance between the County Sheriff and other parts of county management; the problems discussed in my earlier columns regarding the Kim Stewart case -- and probably to be discussed a little further in my next column or the one after.  I have grave doubts about the failure to settle the Kim Stewart case; about another case wending its way toward trial; about the Human Resources Department; and about whether County Manager Julia Brown will fulfill her early promise or is sliding into some of the same patterns and problems her predecessors had, and ultimately toward a messy dismissal.]


Sunday, August 18, 2013

County Commission Muffs One


Maybe I should apologize for giving the Board of County Commissioners the benefit of the doubt regarding allegations of misconduct by county managers.

Some of those allegations won a unanimous jury verdict against the County in Granados.  Jurors found the County had created a hostile work environment for Mr. Granados, and ordered us to pay him $250,000 – plus his attorney fees.  This week the County lost its post-trial motions, and must now decide whether or not to appeal.  I’d guess that any appeal would merely delay the payoff and have us paying two sets of attorneys to argue arcane legal points.

It’s unlikely that an appeal would result in overturning the verdict.

Other allegations appear in complaints in several other lawsuits now headed toward trial. Serious findings appear in a 2010 Audit.  Other charges have been made to me privately, sometimes quite credibly.  I wasted substantial time sharing some of that information with the Commissioners on the lunatic hope that they had some sincere interest in doing the right thing.

Actually, I still think they did.

My first reaction to Tuesday’s “Memorandum” urging sainthood for Sue Padilla was that someone has been secretly remaking Invasion of the Body Snatchers here in Doña Ana County.  (Either that or Commissioners were stealing my pain-killers while I recuperated.)  People who had spoken movingly of their hope to do the right thing then signed onto a whitewash.   Did the Commissioners get intimidated or get conned or just figure to leave it for the next county manager to clean up?

I don’t like writing this.  I have tremendous respect for Billy Garrett, and also great affection.   He’s a smart guy with good ideas and the County’s interest at heart; but if you’ll forgive me another silly analogy, he reminds me of the Tarot card that pictures a happy idealist wandering off a cliff.   He may be so intent on dealing with the serious problems and opportunities facing the County that he can’t force himself to look squarely at the internal problems alleged – like a guy so obsessed with getting where he’s going that he forgets to make sure his car has oil.

So what happened?  Maybe someone sold the Commissioners on the idea that the County’s chance of success in the upcoming trials hinges on the appearance that they unanimously believe that the jurors in Granados blew it.  That’s a reasonable position, though I’m not sure it’s the right one.  In effect, the Commission is circling the wagons – despite the cost to internal morale.  This could also hinder clear analysis of settlement possibilities in pending cases.

Their written statement seems to say that the County’s lawyers blew it.  They say that at the Granados trial the bad things said about Interim County Manager Sue Padilla were not rebutted.  Well, lawyers got paid $150 per hour or so to present such rebuttal.  I thought the lawyers tried hard to do so.  Therefore I have some difficulty understanding the Commissioners’ “Memorandum.” on this point.  There was “little testimony offered to dispute the negative characterizations of senior county managers”?  Well, either the lawyers missed it, and should be fired, or there really wasn’t much credible testimony of that sort to be had, in which case the Commission shouldn’t issue a Memorandum impugning the jurors or the court.  And since I didn’t see any Commissioners at trial, except one who testified briefly, how do they know what witnesses did and didn’t say?

The Commission thinks it’s “unfortunate” that there’s a “suspicion that some County managers may be unprofessional and vindictive”?  Well, it is unfortunate.  Trial testimony strongly indicated that such suspicion might be well-founded.  The Commissioners had a chance to do something about it: a truly independent investigation, not one run through the County Counsel’s Office.  They chose instead to rely on a report that some or all of them knew to be tainted and to make a strong statement that the jurors and the complaining former employees (many of whom are not plaintiffs in lawsuits) were all wrong.   Excuse me, but doesn’t the Commission’s conduct guarantee that suspicions will linger?

The Commission is concerned that “a second supposition is that poor employee performance and bad behavior will be tolerated because of the Granados verdict.”  Well, yeah.  The Commission has one employee, Sue Padilla.  Extensive sworn testimony to her poor performance will cost the county more than half a million bucks once it’s all added up; and the Commission is tolerating it.

Writing this column I feel a deep but vague sort of sadness.  Of course I empathize with present and former county employees who, when the Commission responded to Granados with an appearance of openness to face facts, felt unexpected hope things might improve.  Sure, I regret wasting substantial time trying, within the limits of journalistic confidentiality of sources, to share information with the Commission.  Yet neither explains quite why I feel so personally sad.

Above all, I feel sad for the Commissioners.  Barring the Body Snatchers explanation, some of them got conned or intimidated into a statement that ran against what they knew and felt.  That can’t feel good.

And I sympathize.  Commissioners were in a tough position – and getting advice from folks whom trial testimony tended to implicate in the problems they were deciding how to handle.  Me, I think they jumped the wrong way.

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[The column above appeared this morning -- Sunday, 18 August -- in the Las Cruces Sun-News. Or at least, I'm told it did. I haven't yet seen my copy of the paper this morning.  I know the column appeared because I received a comment: 
"Your column made me cry actually. But, then again, after all they have put me through, I cry easily now. I have worked a lot of places in my lifetime but DAC has some wonderful and very capable employees. I guess what sets them apart to me from my past experience is that most of them "have a heart." You will hear them say things like, "what our constituents would like to see..." I have never heard a word about constituents from the top tier mind you, but definitely from clerks downstairs to the custodians to those filling our potholes. Many of them know who they work for (the constituents) and take pride in that trust placed with them. They don't take it for granted as I have seen in so many government settings in my life. As I have said countless times now, they deserve so much better."
They do.  I think things will improve in the foreseeable future, despite my disappointment with the commission's conduct described in the column.]