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Whoa! What's with the New Mexico Attorney General Getting all Defensive? Balderas and Keller Did not Conduct Audits. Balderas Unwittingly Makes it Public. Balderas: Let's Not Spend One Cent for Border Security, but Expend All My Resources to Cover up Missing Audits.

07/11/2018

Reports now surfacing in media show that over the past seven years the Office of the State Auditor (OSA) just casually "let slide" quite a number of audits. Entities (with possible political connections? influence? or relationships?) were just sort of "neglected" year after year after year under two consecutive state auditors: the current AG Hector Balderas and the current Mayor of Albuquerque Tim Keller.

In comes State Auditor Wayne Johnson, newly appointed last December to succeed Keller, and lo and behold he appears to have found a rat's nest of "missing" audits, or in some cases audits that have been lost in the shuffle—either because the OSA forgot about them, or just ignored certain entities' refusal to answer questions. 

But Johnson is coming in with no favorites, no special relationships, and definitely no "land of mañana" approach to the job. Instead, he appears to have hit the ground running with a nerd-like "green eyeshades" approach to the job.

The Johnson Contrast with Keller

Johnson's accounting approach stands in stark contrast to the Keller's approach. Keller used his staff and taxpayer dollars to conduct and publish various "studies" and "position papers" that had nothing at all to do with the Auditor's duties, but that dovetailed nicely with political talking points better suited to running for offices like governor, or mayor, or President of the United States.

Instead of focusing on the actual duties of the State Auditor—which apparently were not "glamorous" or publicity-generating enough for him—Keller produced (on the taxpayer's dime) such classic works as "The Myth of Scarcity" and "Pay Equity" gone wrong. These got headlines and attention from Left-leaning donors and opinion shapers, but had nothing at all to do with the hard work of accounting and oversight that the Office of the State Auditor is supposed to be engaged in.

IN COMES HECTOR: All Steamed and Stuff. Sends "Cut and Paste" Letter to the Paper

So Johnson starts doing audits left undone for seven years—yeah, you heard that right 7 YEARS!

And as they were completed they did reveal such things as "this audit should have been conducted in January 2011," or other passages that indicate total neglect of the office's duties.

Hector Balderas, seeing these things in print, apparently gets immediately concerned that this may reflect badly on him. (And we can imagine that his successor, Keller, is none too happy about it either, with his own three years' of following Balderas's precedent of benign neglect, which of course then became Keller's.)

But keep in mind that this "neglect" is not so "benign" to the taxpayer on whose behalf these audits are supposed to be completed.

So Balderas sends a letter to State Auditor Johnson, one that appears to have been very pointedly "leaked" to the Albuquerque Journal BEFORE it even arrived at the Office of the State Auditor. (We are not sure—we haven't interviewed either party, but it looks that way.) Think about that for a moment: The AG is concerned enough to try to get a "story" (which he got) that "'splains" his office's conduct, before even telling the Auditor anything at all about his concerns. Hmmm.

In any case, the letter overdoes it on several points. First of all, the letter appears to be a real rush job, with an array of wide, sweeping lifting of passages from the "Audit Act," having been cut and pasted into it, in which Balderas, somewhat baldly, informs Johnson all about his duties under the Act. This is where Balderas, or his drafters, make what appears to us to be a gigantic blunder: Inadvertently drawing attention to himself, he accuses Johnson of neglecting the work he and Keller ignored for seven years. Here is what he wrote:

"I am concerned that recent public statements and actions by the OSA represent a pattern of failure to uphold these statutory duties and result in the public being misled."

This is an amazing passage when read in the context of the missing audits that took place from January 2011 to December 2017. Balderas is—hold on to your hat—accusing Johnson of not doing the audits. 

Remember:  It is Johnson who is doing the clean-up work that Balderas and Keller swept under the rug, or allowed to grow cobwebs. So facing that reality, the AG's office's cutting and pasting of these passages are nothing short of bizarre.

BOTTOM LINE: New Mexico Needs a Non-Political State Auditor

For the first time since the terms of former State Auditor Domingo Martinez, it appears New Mexico today has a State Auditor who is undertaking the unglamorous, detailed, green eyeshade work that the Auditor is actually charged with doing under the New Mexico Constitution.

Johnson, like Martinez—and very much unlike both Balderas and Keller—is not using the office as some sort of publicity-hound, attention-begging post. He's not playing it like a springboard to AG, Mayor, or Governor.

Instead, Johnson is doing the no-nonsense, accounting grunt work the office is established to carry out. In doing so he accidentally, and heretofore very quietly, exposed two of his predecessors' lack of attention to the actual duties of the office.

Rather than reading the audits in a dispassionate, professional manner, at least one of the previous state auditors has gotten upset about them, and—in what we see as a political mistake—has decided to bring them to the media's attention (and the public's attention), thereby needlessly exposing himself. 

ABUSE of the OFFICE of the ATTORNEY GENERAL: Coming Undone

It certainly appears to us that AG Balderas is badly misplacing his priorities. Just a few days ago, Balderas made a fairly showy scene of traveling to the border and complaining about there being any attention at all given to illegal border crossings. He characterized efforts to secure the US border as "politicizing immigration."

"We need not politicize the immigration debate," he said. Going on to ridicule the very thought of America or New Mexico having a secure border. "We're chasing misdemeanors," said Balderas, saying that taxpayers' resources are being misspent. Next we expect Balderas will call for ICE to be disbanded.

But think about this: While Balderas is ridiculing the legitimate use of resources being used to secure our country from whatever coyotes and mules might be bringing across our border, he is bringing to bear all the financial and personnel and staff powers of the Office of the Attorney General to cover up or try to discredit the unquestionable findings of the accountants of the Office of the State Auditor.

Think about the sharply contrasting messages the AG is sending in this month of July:

1) Securing America's borders? Waste of time and money. No need to dedicate resources.

2) Stopping human trafficking at the New Mexico border? Waste of time and money. No need to dedicate resources.

But

3) The fact that previous State Auditors didn't conduct audits? USE ALL RESOURCES TO PREVENT THAT FROM BEING KNOWN.

WHAT BALDERAS SHOULD DO—WHAT ANY PUBLIC OFFICIAL SHOULD DO

Rather than misuse his office to attack the accountants who have clearly documented the facts that showed that both he and Keller missed or forgot about legally-required audits, the statesmanlike thing to do is for Balderas to simply say:

"Thank you, Mr. Johnson, for finding these things. I missed them. Tim Keller missed them. Mistakes happen. I'm glad you are in the process of bringing these audits current. If there is anything my office can do to assist you, we stand ready to do so."

That's what the New Mexico taxpayer really wants to see. Not a doubling down on previous mistakes.

Let's hope Balderas abandons the downhill slide and gets back on the high road.


Email us (at nmpj@dfn.com) with your feedback, comments, questions, and ideas.


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2016 Presidential Campaign - Republicans

Jeb Bush gets religion.

"They said he got religion at the end, and I'm glad that he did."  — Tom T. Hall. The Year Clayton Delaney died.

Well, it's official.  Jeb Bush has changed quite of few of his positions on illegal immigration.  The single most significant is that he no longer endorses the "path to citizenship" for those who came here illegally. 

This is, after all, the key portion of any proposal aimed at "reforming" our existing illegal immigration situation.

No sensible citizen can see any point in trying to deport between 12 and 16 million people currently living in America illegally.  And no candidate for any office that we know of supports that.  What the average American wants is for the country to "get a handle on it."  They want it stopped, our borders secured and future illegal immigration prevented.  It is a national security issue.

The Path to Legal Status

The only way to accomplish the above goals, is to identify current illegal immigrants, get them accounted for, have them documented, and placed on a path to legal status.  Neither they nor their children or spouses should live in a state of fear or anxiety.

But a path to "citizenship" is not the right course.  It is not morally or legally correct.  A merciful and compassionate nation can provide the safeguards of legal status without sending the message to the rest of the world that all you have to do is cross our border and you will eventually get to become a citizen, thus circumventing the legal framework scores of millions of Americans have followed, honored and respected.

If someone who is granted legal status eventually wants to become a citizen, that person should have to return to his or her country of origin and wait in line like 20 million people around the world are doing at any given time.  Failing that, America will forever send the signal that anyone in the world can "jump the line," and that there is no reason at all to obey our immigration and naturalization laws.

We Like Jeb Bush

We are glad Jeb Bush has learned this lesson.  He is a fine speaker, and can eloquently explain his positions on complex issue.  If he were not named "Bush" he would be an actual top tier candidate—in all that that title would entail, including likelihood of acceptance and support of and from the American people in the primaries, and in any theoretical general election.  

We also recognize that he already is a de facto top-tier candidate because of his fame and his fundraising.

If he were to be the nominee of the Republican Party we would heartily support him and endorse him.  We hope, however, that he is not, as he does not give the center-right coalition the best chance of winning.

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    Selma   ????? We have now seen the Oscar-nominated movie Selma.   Our earlier allusion to criticism that sounded as though it was in an Oliver Stone category for historical fabrication is some...

Sports

Sports

The Major League Baseball Playoffs are not realistic, and destroy the actual meaning of the sport. 

Major League Baseball is unique in this respect—its postseason is markedly different from the way the game is played normally.  No other major league sport suffers from this flaw.

Not that much is wrong with baseball. In some respects it's the most well thought-out sport there is.  The "perfect game" many aficionados say.

But the Major League Baseball postseason experience is unique in the world of professional sports, and not in a good way. 

In fact the playoffs are flawed in such a way as to detract from the sport itself and diminish the game and what it means to be the world champion of the sport. 

Among the Big Four team sports of North America: football, hockey, basketball and baseball—and all the 122 professional major league teams competing in the NFL, NHL, NBA and MLB respectively—it is in baseball alone that the postseason turns the sport itself on its head and makes it reflect something that it is not.  This article will explain why that happens and why it is wrong-headed.

 

Background on the The Frequency of Play

The 30 teams in both the National Hockey League and the National Basketball Association teams play a very similar schedule.  On average, each team has a day off between games, sometimes two days off.  Though there are back-to-back games, they are relatively infrequent.  NBA teams play between 14 and 22 back-to-back games a season, and for the NHL it usually ranges between 9 and 19. The NFL has a full week between games, the exception being the new Thursday games that each team plays once, leaving them only four days' rest once a year.

But baseball players play every single day.  Ten days straight, then a day off, then seven more games, then a day off, then ten more games.  Typically a baseball team plays 27 games every 30 days.  For the NHL and NBA it would be 14 per month, and for the NFL the number would be 4.

 

Getting to the Playoffs:  It's a grind

In all four sports, getting to the postseason requires a total team effort—in fact an all-out total organizational effort.  Teams must be deep, have bench strength and the capability of moving players in and out of the lineup, and on and off the roster, who can take the place of key players who go down for an injury, or who have to miss games for whatever reason.  While this is true of the other three major sports as well, it is most certainly even more of a concern for baseball teams because of the sheer volume of games in which a team must field a competitive lineup.

Each league's regular season* is a marathon, not a sprint.  NFL teams play for 17 weeks, 16 games.  The NHL has an 82-game season over six months, paralleled by an NBA season of 84 games over the same timeframe. Baseball is the biggest marathon of all—a true test of resilience and endurance—162 games usually starting around the beginning of April and finishing about the end of September.

NHL teams carry 23-man rosters, of which 20 can be active for any particular game.  The NBA is similar, with 15-man rosters of which 13 can be on the bench for a given game. In the NFL, the teams have 53 players on a roster, but only 46 can suit up on game day.  In Major League Baseball, teams have a 25-man active roster, and all 25 are at the park every day.

 

The Postseason Playoffs:  Sport by Sport

The National Football League:

Of the 32 teams, 12 qualify for the playoffs.  The playoffs are conducted in the exact same manner as the regular season.  Each team plays once a week, the exception being that the four top teams get the first week off.  For a typical qualifier to reach the Super Bowl, the team must play three consecutive weeks.  At that point both remaining teams have two weeks off before the Super Bowl.

In short, the playoffs, with a game each week, reflects the same means of advancement as is present in regular season grind.

The National Hockey League: 

16 of the 30 teams qualify for the postseason.  The playoffs are conducted in the exact same manner as the regular season: a game, a day off, a game, a day off, a game, a day off, and so on.  Just as in the regular season, there are occasionally two days off.  But the playoffs require the same stamina, the same approach as that required to make the playoffs.

 

The National Basketball Association

16 of the 30 teams qualify for the postseason.  The playoffs are conducted in the exact same manner as the regular season: a game, a day off, a game, a day off, a game, a day off, and so on.  Just as in the regular season, there are occasionally two days off.  But the playoffs require the same stamina, the same approach as that required to make the playoffs.

Major League Baseball

10 of the 30 teams qualify for the postseason.  (Although four of those teams qualify only for a one-game do-or-die play-in game.)

Here is where all similarity to baseball ends. 

Unlike the other three sports whose playoffs mirror the test of the regular season, and whose conditions are the same as the regular season, Major League Baseball playoffs in no way resemble the sport itself.  In hockey, basketball and football, the teams win playoff games and reach the pinacle of the sport in exactly the same way that they qualify to try to do so. 

Not so in baseball.  They are two entirely different concepts.  Teams make the playoffs only because they have depth, five-man pitching rotations and can play day-in and day-out at a high level.  But the baseball playoffs suddenly become a kind of "all-star" game within each team's roster.  MLB playoffs are conducted in a way that more closely follows the NBA and the NHL.  Teams have enormous numbers of days off. 

Here's the key point:  No Major League Baseball team could even qualify for the postseason if they played the same way during the regular season that they do in the playoffs.  None.

In the regular season Major League Baseball teams have to use a 5-man starting rotation, with pitchers pitching every 5th day.  There are not enough days off to have even a four-man rotation, let alone a team with three pitchers.  Even the best team in baseball using only a 4-man rotation, would wear them out, and most likely end up with a record of something like 66-96, or 70-92—and that would be if they were otherwise teh best team in the sport.

 

The 2014 Baseball Postseason is Typical

As examples, last year's World Series teams the Kansas City Royals played only 15 games in 30 days, and the San Francisco Giants played only 17 games in 30 days.  The 12 to 15 days off in the non-baseball fantasy world of the MLB postseason, means that teams can turn to three pitchers and give all of them plenty of rest.  But it isn't the way baseball really works.

At one point, the Royals had 5 consecutive days off, and the Giants had 4.  This never happens in the regular season.  Even the All-Star break is only three days.  Very rarely is there anything beyond a one-day break, and even that happens only a couple of times a month. 

What this means is that neither team used the team that got them to the playoffs.  (The NFL, NBA and NHL teams ALL used the very same teams that got them to the playoffs.) 

Baseball teams use a three-man pitching rotation in the playoffs.  Sometimes, they essentially opt for two pitchers only—conceding the likelihood that some of their games are going to be lost—when their third-, or rarely fourth-best pitcher has to face one of their opponents' two-man or three-man rotation members. 

Imagine an NFL team using only one running back and three wide receivers, instead of rotating through their roster in the course of a playoff game—or using only 4 defensive backs and 4 linebackers, instead of rotating 8 or 9 DBs and 6 or 7 linebackers?  In hockey, would a team use only two or three of their forward lines?  Would an NBA team use only the starting five?  They would never make the post season if they tried to present that product to their fans during the regular season.

Those are the equivalents of what Major League Baseball sets up every fall.  No other sport drags its playoffs out in such a way as to completely change the playing field—completely change the dynamics of its game.

Why Does Baseball Do This?

MLB does this because the TV networks want to drag out the games so that they can try to have one game each day  This requires an unnecessary staggering of games, and creates the phenomenon of 15 off-days in a month.

What about travel days?

What about them?  Baseball has travel days constantly.  A team may play in Chicago one day and in Miami the next, or in New York one day and Phoenix the very next day.  Travel days as a routine part of the game are again, a phenomenon of television, and stretching out the playoffs.

In years past, travel days were employed only when necessary. The famous "subway series" games were played on seven consecutive days.  Why?  Because there was no "travel day" required to go from Brooklyn to the Bronx.  Today, they would put in artificial travel days.

Even fairly long train trips didn't necessarily matter.  The 1948 World Series between the Cleveland Indians and the Boston Braves was played in six consecutive days, October 6 & 7 in Boston, October 8, 9 & 10 in Cleveland, and October 11 back in Boston.

This reflects actual baseball, the way the teams play day-in and day-out, and the kind of unique test that baseball presents to its athletes, its managers and management, and to its fans.

In the modern world of charter planes, teams fly from coast to coast to play games on consecutive days.  The artificial "travel day" should be eliminated so that teams can play in the playoffs in the same way that got them there in the first place.


*All these leagues also have pre-seasons and training camps, which add an additional 6-8 weeks to each player's year.


Email us with your feedback, comments, questions and ideas. 

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