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Saturday, August 07, 2010
Martinez Defends Office Purchases
By Colleen Heild
Copyright © 2010 Albuquerque Journal
Journal Investigative Reporter
District Attorney Susana Martinez of Las Cruces said Friday that state-mandated audits prove her office did nothing improper in purchasing more than $60,000 in office supplies and equipment from a company owned by one of her top deputies.
The Republican candidate for governor took issue with statements by former state Auditor Domingo Martinez, who called the purchases into question in a Journal story published Friday.
She pointed out that it was Domingo Martinez's office that signed off on the yearly audits that found no irregularities with her office's finances or purchases.
"For Domingo Martinez, whose office accepted the audits .... to now suddenly claim in an election she did something wrong ... is beyond the pale," said Ryan Cangiolosi, Martinez campaign manager.
Domingo Martinez, no relation to Susana, couldn't be reached for comment late Friday. He is a Democrat who currently serves as Santa Fe county assessor and is a former chairman of the Santa Fe County Democratic Party.
The Journal on Friday reported that the purchases by the DA's office from 2003 to 2005 didn't involve a contract or competitive bidding.
Domingo Martinez told the Journal that he thought there were "some issues" in that type of arrangement, given state procurement code limits.
Currently, purchases totaling more than $20,000 must be competitively bid. The threshold was $10,000 at the time of the DA's purchases, but Susana Martinez has said no single purchase cost that much, so no bid was needed.
Susana Martinez said she saved taxpayers money by buying office supplies, which included equipment for law enforcement, from Titan Office Supply, a home-based company owned by then-deputy district attorney Janetta Hicks.
Hicks, who hasn't returned requests for comment, was elected in 2008 as district attorney for the 5th Judicial District, which encompasses Chaves, Eddy and Lea counties.
Law changed
Susana Martinez said her office complied with all legal requirements in effect at the time of the purchases.
Because of changes to the Governmental Conduct Act in July 2007, it is now illegal for a state employee to knowingly sell goods to his or her employer. Another section of the law was amended to bar small and sole purchases involving employees.
Neither of those prohibitions was in effect at the time of the transactions between Hicks' company and the DA's Office.
The audits of the DA's Office were performed by an independent certified public accountant firm in Las Cruces and submitted to the state Auditor. They found no irregularities in purchasing, according to audit reports reviewed by the Journal.
The audit reports for fiscal years 2004 and 2005 mention the disclosure statements filed by an employee who sold $60,000 in supplies to the office.
Martinez said her agency stopped using Hicks' company, because the state provided agencies with a purchase card to allow purchases at retail stores.
"There wasn't a need anymore," she said. "I think they (Titan) did some business with some other small businesses, but I think that ended up closing down."
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