By Sean Olson
Copyright © 2010 Albuquerque Journal
Journal Staff Writer
          Susana Martinez, the district attorney in Las Cruces and Republican governor nominee who has campaigned as a budget hawk, has been the most generous New Mexico prosecutor when it comes to awarding employees extra pay. 
        From fiscal years 2006 to 2010, Martinez gave out about $477,000 to employees for "out-of-cycle salary increases," nearly three times as much as any other district attorney in the state's 13 judicial districts, according to state records. 
        Martinez's campaign staff said that nearly 75 percent of her increases were paid for with federal funds and that much of that money stemmed from the proximity of her district to the border with Mexico and border-related crime. 
        An out-of-cycle salary increase is a one-time lump sum payout or permanent salary increase similar to a bonus. Martinez said in a statement Friday that her out-of-cycle increases were all legitimate. 
        "All out-of-cycle increases in my office were performance-related, within the appropriate guidelines and approved unanimously by the New Mexico District Attorneys' Personnel Review Board and the (New Mexico) Department of Finance and Administration," Martinez said. 
        Martinez has complained on the campaign trail about what she calls "out-of-control" spending by Democratic Gov. Bill Richardson's administration since he took office in 2003. 
        General fund spending increased by more than 50 percent during the first six years of Richardson's administration but has declined to a net increase of about 37 percent because of budget cutting over the past two years. 
        The budget for Martinez's DA's Office grew by 70 percent from 2003 to 2009 — from about $2.7 million to about $4.6 million. The Legislature sets Martinez's budget. 
        "The appropriations made to my office by the Legislature coincide with our caseload increase and are used to fight crime," Martinez said. "For example, homicides increased over 133 percent, and the Legislature added a district judge and the required additional prosecutorial and defense attorney resources."
        Martinez said a "key distinction" between her office budget and the overall state budget is that the state government budget "increased at an overall rate far beyond either inflation or population growth." 
        Other DA offices
        The out-of-cycle increases take two forms: a one-time lump sum payment or a permanent salary increase instituted through the out-of-cycle option, in contrast to a regular raise that is scheduled to occur at regular intervals. Neither form of payment can exceed 15 percent of an employee's salary. 
        From fiscal years 2006 to 2010, Martinez gave 24 lump-sum payments to employees worth about $228,000, according to state records. The salary increases given to employees using the same option totaled about $249,000. 
        Martinez's office did not give any out-of-cycle increases in fiscal year 2010, which ended June 30. 
        Other district attorneys have not been as generous over the years, some telling the Journal that their budgets couldn't afford it. 
        The 4th Judicial District district attorney's office, based in Las Vegas, gave about $115,000 in lump-sum payments, ranking second behind Martinez in fiscal years 2006 through 2010. 
        The lowest lump sum payouts among district attorneys in the state's 13 judicial districts between fiscal years 2006 and 2010 was the $4,500 paid in the Albuquerque-based 2nd Judicial District. 
        For salary increases, the 1st Judicial District district attorney's office in Santa Fe had the next-highest, behind Martinez's office, with increases totaling about $141,000 over the same time period. The lowest salary increase total for the period was about $23,000 from the 10th Judicial District district attorney's office in Tucumcari. 
        While the number of out-of-cycle increases given to employees by Martinez was comparable to the number awarded by other offices, Martinez often gave higher amounts. 
        Martinez gave the maximum allowable payout or increase of 15 percent 39 times between fiscal years 2006 and 2010, although it's not clear to how many employees. The 4th Judicial District district attorney's office was the next-highest in the number of times the maximum payouts or increases were given — 16.
        Martinez said the payouts ensure "we retain the best prosecutorial staff available."
        Money source
        The out-of-cycle increases are allowable through a state personnel policy. The policy says that employees can receive the payouts if they take on extra duties, find a way to save the office money over time or have an offer for a better-paying job outside the office, among other things. 
        The number of employees who can receive the out-of-cycle increases is limited to 20 percent of the total office staff. 
        Kelly Kuenstler, director of the Administrative Office of the District Attorneys in Albuquerque, said the payouts or increases are sometimes funded by savings from vacant positions in the office that are budgeted but not filled or from recurring savings that occur when a highly paid member of the office leaves and is replaced by someone making less money. 
        Many of the out-of-cycle payments are made using federal or nonprofit grants, Kuenstler said. 
        Martinez paid many of her employees using federal grant money from the Southwest Border Prosecution Initiative. That program, run by the U.S. Department of Justice and other federal agencies, reimburses local prosecutors for case costs and detention time for offenders who are caught by federal law enforcement agencies but prosecuted by local or state lawyers, Department of Justice spokeswoman Kara McCarthy said. 
        Martinez's district 
        Doña Ana County, which borders on Mexico and Texas and where Martinez is district attorney, has received more money from the federal program than any other county in New Mexico. From 2002 through 2008, it was awarded about $5.8 million. 
        Martinez said her office received more money because it does the more federal border cases, most involving drugs, than any other district in the state. 
        Ryan Cangiolosi, Martinez's campaign manager, said that about $355,000 of the out-of-cycle increases were paid for with the Southwest Border Prosecution Initiative funding. The rest came from office savings in its own budget. 
        McCarthy said there are few restrictions on how the federal money can be spent and said using funds "for the support and enhancement of prosecutorial and detention services is encouraged." 
        Lemuel Martinez, district attorney for the 13th Judicial District, which encompasses Sandoval, Valencia and Cibola counties, said all the out-of-cycle increases are approved by the district attorneys' Personnel Review Board. 
        Lemuel Martinez, a Democrat who is not related to Susana Martinez, sits on the board with Susana Martinez and three other district attorneys. 
        He said the only time he has seen an out-of-cycle increase rejected is if the requesting district attorney had not followed one of the personnel rules or had made mistakes with paperwork. 
        He said most of the judicial districts don't give out maximum increases or the amounts of money Susana Martinez has because they don't have the budget for it. 
        "I can't go to 15 percent, because I don't have any money. That's what constrains me," Lemuel Martinez said.