Two members of the state Public Regulation Commission took issue Tuesday with a Santa Fe think tank's recent report on the troubled state agency and vowed to fight the changes proposed in the report.
At a news conference Tuesday, Commissioners Theresa Becenti-Aguilar and Ben Hall said proposals by Think New Mexico to have educational or professional requirements for those elected to the $90,000-a-year regulatory posts wouldn't necessarily improve the commission.
The two commissioners also objected to Think New Mexico's proposals to move some of the commission's responsibilities to other state agencies. Hall, a former state legislator from Lincoln County, said he will fight any bill introduced in the Legislature that would do that.
"I will see that bill is killed," he told reporters.
Overhauling the commission's duties would require a change in the state constitution. The Legislature must approve a proposal, which voters would need to adopt.
Two of the other five commissioners, Chairman Pat Lyons, a rancher from New Mexico's east side, and Jason Marks of the Albuquerque area, who has served on the commission longer than any current member, have expressed support for at least some of Think New Mexico's reform proposals.
Commission Chief of Staff Johnny Montoya told reporters after Tuesday's news conference that he has been working with his staff to put together their own set of recommendations for reforming the agency.
"Our proposals might end up in the same place with Think New Mexico," Montoya said. He said he believes the public wants to reform the agency, which has suffered from controversies, including those surrounding Commissioner Jerome Block Jr. The representative of the district that includes Santa Fe recently pleaded guilty to several felony charges, including misusing state-issued gasoline credit cards, and agreed to resign.
Besides problems with what Think New Mexico called unqualified members, the agency has too much on its plate, the group contends. The commission is responsible for regulating privately owned utilities, the insurance industry and motor carriers as well as overseeing the registration of corporations, the state Fire Marshal's Office and some areas of railroad safety.
Becenti-Aguilar, who represents a district in north-central and northwestern New Mexico that includes part of the Navajo Nation, implied that the think tank was unjustly picking on the regulatory commission. "Think New Mexico needs to look across all state agencies if they want to make changes."
Hall pointed out that other elected positions, from governor to president of the United States, do not have educational requirements.
He also said having a law degree did not stop former state Senate strongman Manny Aragon from corrupt behavior. Aragon currently is in federal prison for his role in skimming money from an Albuquerque courthouse construction project.
Fred Nathan, executive director of Think New Mexico, said there should be more minimum qualifications for commissioners because their role in deciding utility cases is akin to that of judges. He said many other states have stricter qualifications for those who serve as regulators.
The two commissioners criticized Think New Mexico for not consulting with current commissioners before writing the report, which outlined the agency's short, troubled history and some of its structural problems, and offered reform proposals.
"They hadn't even been in the building before they wrote this book," Hall said, referring to the report. "They should have at least had the courtesy to talk to us. They didn't even talk to the janitor."
Nathan acknowledged his researchers did not consult with the current commission members before writing the report. "We're an independent think tank," he said. But he said he spoke with some former commissioners and insurance superintendents — as well with some current employees who didn't want to be named.
Nathan said he briefed current commissioners and some staff last week before the report was released to the public.
Becenti-Aguilar acknowledged there have been serious scandals at the commission. Her predecessor in the District 4 seat, Carol Sloan, was forced out after her conviction in a felony assault case. But Becenti-Aguilar said she and other new commissioners are working hard to rebuild trust in the agency.
Hall agreed. Current members, he said, are "dedicated to leaving corruption out of this building."
After the news conference, Marks told reporters that he believes serious reforms are necessary for the commission and that his views basically are in line with the Think New Mexico proposals.
But he said he's glad Becenti-Aguilar and Hall are raising concerns about the proposed changes. "When the [commission] was created, there wasn't enough discussion," he said.
Marks, a Democrat serving his second term, cannot seek re-election. He said he's considering a race for attorney general next year.
Lyons, a Republican, last week told reporters he backs some of the proposed changes that Think New Mexico is pushing, including education requirements for commissioners and moving the Insurance Bureau and Corporations Bureau from the commission to other agencies.
While commissioners discuss ways to reform the agency, Gov. Susana Martinez's office said Tuesday that more than 50 people have applied to fill the seat soon to be vacated by Block, who, in a plea bargain with the state attorney general, agreed to step down by the end of this week.
Among those who have applied for the job since Friday are former Santa Fe City Manager Asenath Kepler, a Republican; Santa Fe County Clerk Valerie Espinoza, who announced months ago she's running in the Democratic primary for Block's position next year; Rick Lass, who ran against Block in 2008 as a Green Party candidate; former Santa Fe Utility Department director Dennis Gee; Roy, N.M., Mayor John Matthew Baca; and Alan Rackstraw, chief prosecutor for the state Insurance Fraud Bureau.
Wednesday is the deadline for applying for the appointment by the Republican governor.
One announced Democratic candidate for Block's position, Santa Fe banker Brad Gallegos, said Tuesday that he won't be applying for the vacant position. He said he's not yet prepared to leave his business.
Contact Steve Terrell at 986-3037 or sterrell@sfnewmexican.com. Read his political blog at roundhouseroundup.com.