The U.S. Supreme Court ruled Wednesday that public sector labor unions can no longer mandate fees from the workers they represent. The Supreme Court ruled 5-4 in favor of Mark Janus, an Illinois man who argued he should not be required to pay fees for contract negotiations between the union and his employer. In New Mexico, the debate over mandatory union fees goes back decades, but has seen a resurgence in the past few years when Republicans began trying to pass right-to-work laws, or laws banning union fees as a term of employment. More recently, Americans for Prosperity New Mexico (AFP-NM) began lobbying counties to pass right-to-work laws in the private sector. With this ruling, public sector labor unions must immediately stop collecting fees beyond dues which are paid by members who voluntarily join.
A state official who pleaded her Fifth Amendment rights 39 times in federal court in May is no longer in charge of the Human Services Department’s Income Support Division, which processes federal food aid benefits. HSD Secretary Brent Earnest announced Friday, ahead of a holiday weekend, that Marilyn Martinez will no longer head the department’s Income Support Division. Starting today, Martinez will act as chief of the department’s financial services bureau in the administrative services division. “Marilyn has been a dedicated member of the HSD team for many years, recently serving as ISD Director,” Earnest wrote in an email to employees last Friday, “and I look forward to her contributing her experience and expertise within ASD.”
Martinez appeared on the stand as a witness in an ongoing lawsuit alleging that HSD is mishandling applications for Medicaid and the Supplemental Nutrition Assistance Program, formerly known as food stamps. There, Martinez invoked her Fifth Amendment right against self-incrimination and refused to answer 39 questions from an attorney representing the Center on Law and Poverty.
This month’s federal court hearing regarding ongoing claims by Human Services Department employees of widespread fraud within the department was notable for another reason besides three high state officials invoking their Fifth Amendment rights nearly 100 times. One former employee testified the department’s practice of adding fake assets to emergency food stamp applications in order to fix the department’s backlog of late applications for the Supplemental Nutrition Assistance Program came directly from the department’s top brass. Shar Lynne Louis, a former employee at HSD’s Income Support Division (ISD) in Gallup who retired last summer, was one of nine current and former employees who gave testimony in the case over two hearings. Louis said she often reviewed the state’s policies and procedures and could never find anything in them justify adding fake assets. So she asked her superiors.
State Auditor Tim Keller announced Friday an investigation by his office into allegations that the state instructed employees to commit fraud on federal food stamp applications. Keller wrote on Twitter that he “has opened a case to look into the allegations of food assistance application fraud by HSD.”
A spokeswoman for the state auditor said he opened the case after learning about the allegations that came up in federal court. The news came one day after five Human Services Department employees testified that the department instructed them to falsify emergency applications for Supplemental Nutrition Assistance Program benefits. HSD officials wanted employees to add fake assets to several emergency SNAP to cut down the department’s high numbers of overdue emergency applications, according to the multiple testimonies. Federal law requires those who qualify for emergency SNAP benefits to receive benefits within seven days of applying.