Senator accuses colleagues of abusing per diem

The Roundhouse in Santa Fe (Photo by Peter St. Cyr)
During a discussion earlier today about whether lawmakers should voluntarily reduce their per diem as the Legislature addresses a massive budget shortfall, Sen. Richard Martinez, D-Española, went on a rant about colleagues who he said abuse the system.
He didn’t name names, though he threatened to release to the media a list of Democratic and Republican colleagues he said collect per diem checks for interim legislative committee meetings that they barely attend. He made a pointed reference to Sen. Linda Lopez, D-Albuquerque and a candidate for lieutenant governor, who was presiding over the Senate at the time of his rant.
“There’s a lot of members of this body that go to into the interim committees just before lunch, sign the voucher, stay for the free lunch, and then book. You never see them again. … If we want to save money, let’s stop abusing the system,” Martinez said.

Richard Martinez
“I could name names. I’ve got lists. Believe me, in nine years I’ve collected a list,” Martinez said. “And it would be very embarrassing if I let go of that list to the media. Are you listening madam president (referring to Lopez)? Because you’re on several committees with me too!”
Lopez did not respond.
Martinez also added that some freshman lawmakers have quickly become “really good” at abusing the system, but again, he didn’t name names.
Asked by the New Mexico Independent to name names following the outburst on the Senate floor, Martinez declined.
Ultimately, the Senate, on a voice vote, tabled the resolution from Sen. Mary Kay Papen, D-Las Cruces, calling on all lawmakers to voluntarily reduce their per diem reimbursements by at least 10 percent for the remainder of the special session.
Martinez said he needs the money for expenses including hiring a caretaker for his 94-year-old mother and boarding his dog every time he has to travel to an interim committee meeting in another part of the state.
Senate President Pro Tem Tim Jennings, D-Roswell, was among those expressing concern about Papen’s proposal. He said some lawmakers might not be able to afford a 10 percent cut.
Papen countered that the intent was for lawmakers to make a sacrifice along with everyone else. She said it could be 1 percent or 20 percent – whatever each could afford.
The debate over pay and per diem
Lawmakers currently receive $159 per day in per diem when they’re working. New Mexico is one of a few states where legislators aren’t paid a salary. For years, there’s been a debate about whether lawmakers should be paid (disclosure: I have said they should get a salary).
There’s also been a debate about how per diem should be used. Sen. Cisco McSorley, D-Albuquerque, has been collecting per diem (from taxpayer dollars)for travel, then also reimbursing his expenses from his campaign account – a practice that has earned him the criticism of some who accuse him of double dipping.
McSorley has said, according to the Albuquerque Journal, that he “has done nothing wrong and that he doesn’t consider the per diem he receives from the state to be an allowance for lodging, meals and incidental expenses.”
“That is supposed to be trying to make up for what I lost at home” while away from work, the Journal quoted McSorley as saying.
Sen. Garcia a top per diem collector
Anyway… wondering which lawmakers collect the most per diem from the state? Often at or near the top of the annual list is Sen. Mary Jane Garcia, D-Doña Ana. I’ve written before that she collected $26,000 in per diem in 2005, more than any other lawmaker that year. And I’ve written about the myriad of lawmakers, other politicians and political watchers who have told me that Garcia has often barely attended the meetings she’s been paid to attend.
Garcia has said she works hard for the per diem she receives.
Update, 8:40 p.m.
Lopez released this statement:
“Sen. Martinez’s reference to abusing per diem is unfounded. While there may be some of my colleagues who do not stay for the full committee hearing for which they are being paid per diem for, as a part-time, citizen Legislature, some may need to step out of a committee hearing to deal with business, constituent or other types of ‘fires’ that need to be dealt with.”
The Independent’s Gwyneth Doland contributed to this report.
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The following quote seems appropriate to this subject.
“When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that glorifies it”
Frederic Bastiat – The Law
Particulaly appropriate to Senators McSorely and Garcia.
It is a known fact that when a person is called upon to do a job for no pay, they will look for ways to cover their time. This is not just the Dems but any person holding a seat on the Senate or House. If they can pad the per diem and that is the easiest place to acquire the money, then that is what some will do. Many of them do not think of it as stealing, but as their due, no matter how wrong it is.
Well, they could change the voucher form to require a sign in and sign out, perhaps pro-rate, with any legislator with less than 4 hours per day getting only half the per diem…
Heath’s earlier analysis on this topic is right on target. Adequate legislative compensation is absolutely critical to attract new talent to the Roundhouse. The per diem allowance system precludes ordinary individuals from even contemplating serving in the Legislature. If we’re serious about reforming the political culture in New Mexico, providing for greater demographic diversity in the Legislature is a credible start.