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New Mexicans should demand PRC reform
Jamie P. Estrada
As a former candidate for the Public Regulation Commission, I have some thoughts prompted by Think New Mexico’s report on PRC reform and the resignation of Jerome Block Jr.
Why I ran for the PRC
In 2010, I ran for the PRC because I believed the commission needed more commissioners with a background in economics and energy and telecommunications policy in order to improve decision-making in Santa Fe on behalf of all New Mexicans.
During my campaign, I told many audiences that, if I were elected to the PRC and the commission still could not get its act together, I would happily work myself out the job by asking the state Legislature to consider a full range of reforms, including proposing a state constitutional amendment to the voters to eliminate the PRC altogether.
In the interest of full disclosure, I lost the Republican primary to Ben Hall, who ultimately went on to prevail in the general election.
Thoughts on PRC structural reform
Now that Block has resigned, Think New Mexico has rolled out a report proposing reforms to the PRC. I applaud their work in putting forth nonpartisan ideas for the public and policymakers to debate.
I agree with many of their ideas, including deregulation of the motor-carrier industry, like taxis and shuttles. I also agree with commonsense proposals like reorganizing functions of the PRC by moving them to existing state agencies – for example, moving the corporations function under the Secretary of State’s office – in order to better serve the public and to refocus the PRC and its commissioners on the most important functions, such as regulating utilities and telecommunication companies.
Lawmakers could also consider moving the Insurance Division over to the Regulation & Licensing Department, which already oversees the Securities and Financial Institutions divisions, now that the federal government has lowered barriers to grouping these three financial functions under a single roof. Given last year’s attention on the Blue Cross/Blue Shield rate increase request, it’s clear that some sort of structural reform of the insurance division is necessary.
As I campaigned around Southwestern New Mexico, Democrats and Republicans alike whose individual insurance policy rates increased were vocal about their disgust with the process in which the PRC’s commissioners had no authority to change the decision made by the unelected insurance superintendent. A clear need exists to create the accountability that the public desires – accountability that is currently lacking with the insurance division housed under the PRC.
We should all be encouraged that Commission Chairman Pat Lyons – a Republican – and Commissioner Jason Marks – a Democrat – are welcoming a discussion of these proposals. However, Commissioner Hall’s statement to the Albuquerque Journal that “I guarantee if they introduce it in the Legislature, I will be up there trying to stop it” – this before any public debate on the proposals have even commenced – should concern everyone. Statements like this make New Mexicans wonder if Hall is more interested in clinging to the power and influence he currently has than making government function better and more efficiently.
Who should be in the job?
One of Think New Mexico’s best proposals is to require that commissioners have a four-year degree or five years of relevant professional experience. But given the negative reactions by Commissioners Hall and Theresa Becenti-Aguilar at a press conference held earlier this week, it’s no surprise that they opposed and are perhaps offended by this idea because they don’t have degrees. And based on their backgrounds, whether they meet the proposed “relevant” professional experience benchmark is questionable.
What these two commissioners fail to understand is that regulating industries like utilities and telecom require serious technical skills. But since the PRC’s inception in the late 1990s, the electorate has demonstrated that it’s not in the minimum-qualification vetting business, resulting in some of the least-qualified and most ethically challenged people being elected to the commission.
Block’s resignation creates an opportunity for the governor to appoint someone from District 3 with solid credentials to the PRC. A list of 17 applicants appeared recently, and while some applicants have interesting backgrounds and exotic advanced degrees, there don’t appear to be any candidates who possess the background germane to what is needed. New Mexico needs better-qualified candidates with legal, economics or regulatory policy experience.
A time for electoral reform as well
What Think New Mexico did not consider in its report is reforms to the electoral process, which should go hand in hand with structural reform. The PRC falls under New Mexico’s Voter Action Act, which provides public financing to qualifying candidates.
A modest reform to the act would require candidates to participate in public, televised debates, as is done in Arizona. To stop the debate ducking that occurred last cycle in District 5, candidates who want the public’s money should face the public. This would allow new and unknown candidates to compete on a more level playing field against incumbents and other candidates who have been on the ballot before. Debates might also stoke increased interest by the public in the PRC races.
We get the government we deserve
Given the turmoil on the PRC in the last 10 years, I hope that New Mexicans demand reform of this very important commission. Call your legislator and ask that they start down the path of getting the PRC – and New Mexico – back on track. However, if New Mexicans ignore much of what’s been proposed by Think New Mexico, then we shouldn’t be surprised if we continue to get more of the same.
Estrada was a Republican candidate for the PRC, District 5, in 2010. He previously served as U.S. deputy assistant secretary of commerce for manufacturing in the George W. Bush administration, where he directed policy for the manufacturing, communications and energy sectors.
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Dr. J has some major issues he needs to get over. I guess he wants NM to continue to have the most uneducated commission of its kind in the nation. Read the report if you don’t believe me. Do you seriously think that people who are uneducated on the complex issues before the PRC should be making multi million and billion dollar decisions that affect the lives of every New Mexican?
I think Mr. Estrada and Commissioner Marks are on to something with their reforms to the electoral process. I guarantee that had there been a preprimary process that Ben Hall wouldn’t have made it on the ballot. That would have saved us the embarrassment that he’s currently causing the people of New Mexico. Had Ben Hall been forced into a public debate then the people of New Mexico would have realized that he’s a little off his rocker, not to mention the press might have covered his history of tax liens, bankruptcies and long history of ripping people off. Maybe then the voters would have caught on and kept him far far away from Santa Fe!
Some interesting ideas on PRC reform from Commissioner Marks. He thinks a law degree should be required for the position, along with other “technical” degrees (engineering, accounting, economics, of course all real technical degrees whereas chasing ambulances and suing anything that moves seems odd to include and call technical, but professional politicians are strangely atracted to lawyers), natch, of course. But, there should be many fewer people allowed to run in the primaries, and those primary candidates must go through the pre-primary process with the party bosses and insiders picking them. Seems he thinks this would cut out the riff-raff of unqualified candidates, like Ben Ray, Block Jr., etc. as the party bosses and insiders would winnow people like them out. Indeed? So allowing only a certian, pre-selected party elite to run would ensure qualified, ethical candidates? The logic escapes me given the past history and circumstances of our sorry state.
Great article… when my brother worked at PNM he went to some of the PRC meetings and couldn’t believe how little knowledge some of them had.
I hardly think it elitist to want our government to run well. Education won’t necessarily fix ethical problems as they often arise from a lack of character. Hopefully the best qualified candidates will stress that in their campaigns… everyone pays so much attention to the PRC elections.
Unfortunately, being 18 and a high school graduate are the only requirements for many elected positions within New Mexico.
I guarantee that Ben Hall will be the next embarrassment on the PRC with his shady business record. Oh wait, he already is an embarrassment.
For the record:
I have been requesting this agency to assist me in compelling a registered domestic nonprofit corporation to abide by the very rules of their own corporate charter for more than 10 months. All I have received has been excuses and apologies from Ben Hall and the staff of Jason Marks. It is time to put some teeth into the PRC, and some qualified individuals with $90K worth of ability in charge of this govenmental organization.
It would be nice to see the Governor select an individual with educational and political smarts to deal with this position. It does require the capacity to deal in both environments..The individual should have a business or engineering backround..and general knowledge of the organizations that are subject to PRC oversight. I hope the Governor takes the high road…leave the political consultants out of the mix. That would be a start…But, I am not holding my breath.
The PRC is a total waste. Look who is the Chairman – Patrick Lyons, who tried to obstruct the examination of the agency’s travel, vehicle and fuel expenses. New Mexicans should be angered by Mr. Lyons’ actions.
http://www.nmnewsandviews.com/2011/09/16/nm-auditor-says-regulation-chairman-fought-review/
New Mexicans have been demanding ethics reform for a long time and little or nothing has gotten done. It’s doubtful any changes to the PRC will come about in NM’s entrenched political environment.
Yes, the AG does:
http://ballotpedia.org/wiki/index.php/Article_V,_New_Mexico_Constitution
As do Supreme Court Justices, etc. in the judicial system. But let me ask you, has this requirement given us the “best” candidates for these offices, considering the incompetence and scandals associated with same over the years???
” It is a slippery slope to require certain educational levels for elected leaders, by that measure what would we require of the Prez if a lowly PRC commish has to have a technical bach. degree and experience????”. Doesn’t the attorney general have a requirement? Don’t they have to be a lawyer that has passed the bar? Is this a slippery slope?
I’m not sure about the PRC, but even though I think that Balderas has done a pretty good job I wouldn’t mind if the State Auditor had to be a CPA.
Education is vital, education is what allows people to jump social class barriers and has made our country great. Requiring it for jobs in politics is not necessary and elitist, elected leaders have to unite and relate to ALL people. Even the uneducated are citizens who deserve representation, that is what America is all about, respect and equality for all, even the uneducated. It is a slippery slope to require certain educational levels for elected leaders, by that measure what would we require of the Prez if a lowly PRC commish has to have a technical bach. degree and experience????
It is a sad day when education is considered elitism rather than a requirement.
Mr. Estrada says: “What these two commissioners fail to understand is that regulating industries like utilities and telecom require serious technical skills. But since the PRC’s inception in the late 1990s, the electorate has demonstrated that it’s not in the minimum-qualification vetting business, resulting in some of the least-qualified and most ethically challenged people being elected to the commission.”
There are so many things wrong with this statement it is hard to tell where to start. First of all, do regualting these industries he mentions take more “serious technical skills” than regualting oil and gas operations, mining, the financial industries, banking, etc.? I would think not, and of course the regulations themselevs are written and passed by legislators who have none of these ” serious technical skills”. So why should the PRC be so special? The “Think NM” group said the PRC commishes are like “judges”, so education and experience is necessary. That’s a laugh, and Mr. Estrada seems to think education and experience, perhaps like judges, would result in no “ethically challenged” commishes??? Has he looked at the numerous and frequently ethically challenged judges we have in NM?? There is a case a week of the sorry judicial system we have in our banana republic, education and experience has nothing whatsoever to do with ethical character. Please Mr. Estrada, leave your elite attitudes behind when discussing politics and government by, for. and of the people.