PRC mulls makeover amid Block aftermath
Structural changes would require constitutional amendment

Trip Jennings | The New Mexican
Posted: Thursday, September 29, 2011
- 9/30/11
     
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A day after state Public Regulation Commission member Jerome Block Jr. pleaded guilty to several felonies, fellow commissioners and staff talked of a new era in which the embattled agency would focus more on serving New Mexicans than reacting to the latest scandal.

But a question looms over the regulatory body as it shakes off yet another blow to its public image: What does the future hold for the sprawling agency, which is responsible for setting rules and rates for utilities, registering corporations, conducting fire inspections and acting as the arbiter for health insurance premium rates?

Put simply, can it survive another black eye?

Last year, state lawmakers discussed spinning off some PRC functions to other state agencies and how to do that. Recently, commission member Jason Marks hopped on the reform bandwagon, speaking repeatedly of the agency's need of a structural makeover given the number of scandals involving the commission in recent years.

On Thursday, Chairman Patrick Lyons sounded amenable to it all.

"Last legislative session, I didn't really understand what I do now at the PRC," said Lyons, who began his tenure at the commission in January after eight years as New Mexico's state land commissioner. "I think I agree. I'm ready to make some changes, too."

Lyons said state lawmakers have approached him about changing candidacy requirements for the elected body. "Maybe you need to put a minimum experience or a college degree or a master's degree" requirement for individuals who seek to represent one of five districts in the state, Lyons said in an interview after a PRC meeting Thursday. "They're kicking that around. I think something will come out of that [in the 2012 legislative session]."

Lyons also evinced an interest in handing over some of the commission's responsibilities to other state agencies.

"Look at other states," Lyons said. "The corporations bureau in other states is with the secretary of state. Insurance is an independent agency in other states."

The PRC's corporations bureau registers businesses, while the insurance division regulates several types of insurance, including health care premiums.

Changing the commission would not be a quick fix, however. Because it was set up in the state constitution, any substantive change would require an amendment to the constitution. That means the New Mexico Legislature would have to pass a joint resolution articulating the changes, which then would go before voters in the 2012 election.

Critics of the commission have much to point to when calling for reform.

Block is the second member of the commission to resign in a little more than a year because of a felony conviction. Commissioner Carol Sloan of Gallup stepped down in April 2010 after a conviction for battery.

And those are only the most recent scandals. In 2007, a Santa Fe jury awarded more than $840,000 in damages to a former employee who accused then-commissioner David King of sexually harassing her.

But structural reform seemed in the distant future Thursday as staff at the Public Regulation Commission waited for Block's promised letter of resignation. It had not come by end of business Thursday.

Once the Northern New Mexico Democrat steps down, Republican Gov. Susana Martinez must pick someone to fill his seat representing District 3, which includes Santa Fe, through next year's election.

Ten people have expressed an interest in being appointed, the Governor's Office said Thursday. The governor's staff is calling each and asking for a cover letter and résumé, Martinez spokesman Scott Darnell said. Once the governor's staff receives the necessary documents, "they will become applicants for the position," he said.

Martinez will review those résumés and select finalists, he said.

"We plan to move quickly in our efforts to fill the vacant seat on the PRC, but will be thorough and deliberate in finding the best person to represent and serve District 3 residents and the state of New Mexico as a whole," Darnell said.

Lyons said he hopes Block's replacement is named within two weeks of the resignation.

While the Public Regulation Commission's future might be unclear, life seemed to go on at the agency Thursday.

Lyons and commission members Ben Hall and Teresa Becenti-Aguilar officiated at Thursday's meeting. Marks was absent because of Rosh Hashana, the Jewish New Year, staff said.

Block, meanwhile, said by phone early Thursday he wouldn't make the meeting, chief of staff Johnny Montoya said.

"Oh, no, no. He'd just be a punching bag," Lyons said of Block's absence.

Block's name periodically came up during Thursday's meeting, including occasional allusions to the roller coaster ride the 34-year-old had taken the agency on in recent months.

When introducing Arthur Bishop, the commission's new public information officer, who will be paid $56,000 a year, Montoya said, "He used to work for the American Red Cross, so he's used to dealing with crisis-management situations."

Laughter rippled across the room, from the three commission members to their staff to a dozen or so individuals in the audience.

Contact Trip Jennings at 986-3050 or at tjennings@sfnewmexican.com.





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