Lawmakers question governor’s $30M executive orders for COVID-19 relief

NEW MEXICO (KRQE) – Lawmakers are questioning how the governor is spending state money for COVID-19 relief. Between two executive orders, she has spent about $30 million to battle the pandemic. A bipartisan group of lawmakers wants an investigation to determine whether Governor Michelle Lujan Grisham overstepped her authority. The governor’s office said it’s her duty to provide resources, quickly.

“The motion before us is to whether to understand the governor’s executive orders of appropriating over $750,000 in a single executive order is permissible,” said Speaker of the House Brian Egolf (D- Santa Fe).

The Legislative Council, a bipartisan group of lawmakers, is questioning the governor’s spending of $30 million in pandemic-related emergency orders. “To determine whether or not the governor exceeded her authority in appropriating her funds in excess over her statutory limits in issuing executive orders relating to emergencies,” said Rep. James Townsend (R- Artesia).

The two executive orders in question authorize $20 million and $10 million for PPE, testing supplies and other materials to help fight the COVID-19 pandemic. Lawmakers argue that each order could be violating state statute, which allows the governor to spend $750,000 in an emergency executive order. Lawmakers are also concerned about the lack of communication about the spending between the executive branch and the legislature.

“I have a lot of heartburn with that, I think we need to stay close to where the money is going,” said Rep. Patricia Lundstrom (D- Gallup). The governor’s office said:

State statutes, in this case specifically 12-11-23, -24, & -25​, enable the governor to act quickly to provide aid or relief during emergencies, allowing the office to designate unappropriated monies from the general fund for an emergency. The emergency appropriations provision gives the governor authority to appropriate larger amounts if the situation warrants it. Under the All Hazards Emergency Management Act, the governor has the duty to provide resources and services necessary to avoid or minimize harm in the event of an emergency – exactly what she has been doing.​ In addition, it’s worth noting the only reason that New Mexico has been able to get ahead and stay ahead of the COVID-19 curve, unlike other states, is due to the governor’s leadership and the state’s decisive and quick reactions to the early signs of the pandemic. If legislative council would prefer a different mechanism for responding to life-and-death emergencies under the laws they write, they are empowered to make one.

Some argue it’s up to the legislature to make that kind of appropriation. “When you start making moves of $30 or $40 million dollars, it’s not for emergency use but in fact, you’re appropriating and we need to protect that authority for the legislature on that,” said Sen. John Arthur Smith (D- Deming).

The bipartisan group unanimously agreed to hire outside counsel to investigate the issue. The Legislative Council said this is the most money they’ve seen with an executive order. Governor Susana Martinez issued nine executive orders for the devastating Las Conchas fire in Los Alamos in 2011, but they never exceeded $750,000 dollars each.