Cultural Affairs secretary up for confirmation hearing but Indian Affairs secretary isn't

Aug. 30—New Mexico Cultural Affairs Secretary Debra Garcia y Griego will be in the hot seat next week when she appears before the Senate Rules Committee for a confirmation hearing on her reappointment.

The confirmation — a second for Garcia y Griego, who has served in the role since the start of Gov. Michelle Lujan Grisham's first term in early 2019 — has been sidelined for months amid controversy over her decision to fire the longtime director of the state Office of Archaeological Studies.

Indian Affairs Secretary-designate James Mountain, whose confirmation also has been on hold amid a different controversy — a years-old rape allegation that has generated stinging criticism from Indigenous women — is getting a free pass, at least for the time being.

Unlike Garcia y Griego, Mountain, appointed by the governor earlier this year, isn't scheduled to appear before the committee but will remain a Cabinet secretary.

"Secretary-designate Mountain will continue to serve as the head of the Indian Affairs Department," Caroline Sweeney, Lujan Grisham's press secretary, wrote Wednesday in an email.

When pressed why Mountain wasn't up for a confirmation hearing, Sweeney wrote the Governor's Office will continue to work with Sen. Katy Duhigg, an Albuquerque Democrat who chairs the Senate Rules Committee, to find another date.

Duhigg did not return messages seeking comment.

She, too, is now the subject of criticism.

Agendas for the committee's Sept. 7-8 meetings in Albuquerque state only up to three people will be allowed to speak in opposition to a conferee and for no more than two minutes each. A similar rule applies to supporters designated by conferees to speak at the hearing.

Eric Blinman, whose firing as director of the state Office of Archaeological Studies sparked calls for the governor to withdraw Garcia y Griego's proposed reconfirmation, said the restrictions imposed by Duhigg leave little time to shine a light on a conferee like Garcia y Griego.

"I think all of us who are in the opposition are extremely frustrated because we don't think that there's any meaningful opportunity to air contrary positions in front of the Senate Rules Committee," he said. "Representatives [speaking in opposition] will be there. There's no way we're going to pass up the opportunity. But if we're only allowed three two-minute windows of expression, in some ways it's hard to justify why the speaker has a right to an opinion."

Sen. Jerry Ortiz y Pino, D-Albuquerque, said it's Duhigg's prerogative as committee chairwoman to establish the rules.

"We used to have much more relaxed rules about people speaking for or against," he said. "She's, I think, of a different mind and wanted to handle things more expeditiously."

Ortiz y Pino recalled Duhigg prevented people from speaking in support or opposition of a conferee during this year's 60-day session if they failed to sign up ahead of time as the rules stated.

"I don't know why she's taken such a rigorous approach to this, but she has, and that's her prerogative," he said.

Ortiz y Pino noted there are close to two dozen people up for a confirmation hearing both days, which will make it "very difficult" to have thorough hearings into any of the conferees.

Garcia y Griego is the only Cabinet secretary up for a confirmation hearing. Ortiz y Pino will be her Senate sponsor, a job he said he gladly accepted.

"Even last year when it was brought up that we were going to have a hearing [for Garcia y Griego] — and we never did — I had read over all the material, and I thought, 'She's done a good job. Let's keep her,' " he said.

Ortiz y Pino said he's aware Blinman's supporters have raised questions about Garcia y Griego's suitability as cultural affairs secretary.

"What I've seen of the way she's run the department, it's been very good," he said. "I don't know anything about that guy or his situation."

Blinman, who served as director of the state Office of Archaeological Studies for 17 years until his firing in February, alleged in a federal lawsuit filed in May that he was the victim of age, gender and race discrimination.

Blinman's firing exposed factions within the department.

Searchlight New Mexico earlier this year interviewed more than 20 current and former staff members, donors and board members of the Department of Cultural Affairs who "all described a culture of retaliation and micromanagement under the leadership of Garcia y Griego," the news organization reported.

The governor has and continues to stand behind Garcia y Griego.

Sweeney, the governor's press secretary, wrote "a disgruntled former employee raised baseless complaints against" Garcia y Griego.

"Despite that distraction, the Secretary's leadership and vision for the state's cultural affairs remain strong and the governor fully supports her as cabinet secretary," Sweeney wrote. "We are looking forward to seeing her confirmed with the support of the Legislature next week."

Daniel Zillmann, a spokesman for the Department of Cultural Affairs, said in a statement the agency is "fully confident" Garcia y Greigo will be reconfirmed.

"We look forward to her hearing with the Senate Rules Committee next week where she will stand on her record of accomplishments and leadership," he said.

Under her direction, the agency saw a 21% growth in visits to its museums and historic sites in fiscal year 2023, Zillmann said.

"In terms of staffing, the agency has seen lower-than-average vacancy rates and turnover, and a higher-than-average internal promotion rate," he said. "The baseless claims made by the former head of DCA's Office of Archaeological Studies will not distract the Secretary from serving the people of New Mexico. Secretary Garcia y Griego continues to work to preserve our state's past while keeping an eye toward New Mexico's future."

Follow Daniel J. Chacón on Twitter @danieljchacon.