UNM to reevaluate IPRA policy after NM Political Report complaint

The University of New Mexico is reevaluating its policy of charging for electronic copies of public records on a per-page basis in response to a reprimand from the New Mexico Attorney General’s Office. In an email to NM Political Report, the school’s Office of University Counsel said the UNM public records custodian is “evaluating the fee structure” for fulfilling requests of electronic records. Associate University Counsel Patrick Hart also wrote that the public records department will suspend the policy and practice of charging $0.38 a page for electronic records through the end of September. The change comes after the state Attorney General’s office issued a determination letter in response to a complaint filed by NM Political Report. NM Political Report filed the complaint after the UNM’s Custodian of Public Records billed $0.38 a page for an electronic file that contained more than 1,600 pages.

Former ABQ city council candidate suing current councilor for releasing personal information

Update: Added a response from Don Harris

Almost a year after the Albuquerque municipal election, a former city council candidate is suing his former opponent, who won the council seat. Byron Powdrell, who owns and operates a local, non-profit radio station, filed a lawsuit against City Councilor Don Harris and a private investigator hired by Harris during the 2017 mayoral and city council election season. Powdrell alleges Harris and private investigator Joe Fanseca published the radio station owner’s private information, including his Social Security number, to a campaign website aimed at disparaging Powdrell. The website, which was registered to an email address for Harris’ law firm, has since been taken down. Harris told NM Political Report he had no comment as he had not been served with the lawsuit at the time of publication.

State tries to keep $2.5 million Corrections Dept. settlement under wrap

After almost two years of legal battles, the State of New Mexico agreed to settle a lawsuit filed against its Corrections Department. In 2015, six female employees at the state prison in Los Lunas sued the department, saying some of their male supervisors assaulted and sexually harassed them. The six women collectively received $2.5 million according to the settlement agreement signed in January. Their attorney, Laura Schauer Ives, said the women sued the Central New Mexico Correctional Facility to shed light on what they called a culture of demeaning female corrections officers. The 140-page lawsuit alleged a history of aggressively sexual comments and crass words directed at female officers.

State law encourages secret payouts

Before Cynthia Herald left the Bernalillo County courthouse last November she told reporters that she was relieved to finally gain closure on an ordeal with the University of New Mexico that lasted more than half a decade. Herald sued the university’s medical school, claiming she was wrongfully dismissed from a residency program and settled before closing arguments. The terms of the settlement were, by state law, temporarily shielded from public scrutiny. That meant the public couldn’t see the total amount UNM agreed to pay, including how much money was to come from the medical school’s anesthesiology department and how much from the state’s Risk Management Division. Seven months later, the University still won’t release that information and cites the same law.

City of ABQ files protection order against mayoral hopeful’s daughter

The theatrics continued with a lawsuit from Stella Padilla, who wants to run for mayor, alleging  Albuquerque’s city clerk failed to properly count petition signatures. The City of Albuquerque filed a protective order Monday against Stella Padilla’s daughter alleging the daughter twice harassed and tried to intimidate City Clerk Natalie Howard. Padilla originally sued  Howard in her official capacity as city clerk, alleging her office improperly vetted campaign petition signatures. An affidavit outlines two encounters Howard had with Padilla’s daughter, Vanessa Benavidez, over the past two months. [perfectpullquote align=”right” cite=”” link=”” color=”” class=”” size=””]Support NM Political Report’s quality journalism.

LCS argues guv’s vetoes ‘disturb the balance of power’ in state government

Attorneys for the Legislative Council Service urged the state Supreme Court to reject Gov. Susana Martinez’s large line-item vetoes in the state budgets in a Wednesday court filing. In the latest legal argument from LCS involving its lawsuit against Martinez, a response to arguments submitted last week from her legal camp, attorneys Jane Yohalem and Michael Browde argued that Martinez’s vetoes last month violate the state constitution. Specifically, the argued that a provision that bars the governor from re-writing the annual bill the Legislature passes to fund state government. Martinez vetoed the entire budgets for the state Legislature and the state Higher Education Department. The large vetoes, the attorneys added, violate the separation of powers between the Legislature and governor established in the state constitution.

Legislature files lawsuit against Gov. Martinez

The New Mexico Legislature filed a lawsuit against Gov. Susana Martinez Friday morning. The suit accuses Martinez of violating the state constitution when she vetoed the entirety of the budgets for the state Legislature and all higher education in New Mexico. Filed by the Legislative Council’s lawyer Tom Hnasko, the lawsuit calls the line-item veto of legislative funding an “attempt to eviscerate the ability of the other branch [of government] to perform its essential functions.”

In his filing, Hnsako asks the court to invalidate Martinez’s line-item vetoes of both the Legislature and higher education. “They’re suing the Governor because they want to raise taxes, and she’s the only one standing in their way,” Martinez spokesman Michael Lonergan said in a statement. “It’s disappointing because it shows a refusal to compromise as this is nothing but an attempt to bully her by short-circuiting the legislative process before a special session.

Gov’s office cites complex questions from reporters, busy schedule as defense in lawsuit

Testimony in the trial between the Santa Fe Reporter and the office of Gov. Susana Martinez ended Friday afternoon. Lawyers on both sides will file closing arguments in writing three weeks after the official court transcript is available. The Santa Fe Reporter filed the suit in 2013 arguing Martinez’s the governor’s office violated state public records laws and actively discriminated against the paper after it published unflattering coverage of the governor. During the three-day bench trial, testimony from former and current Martinez staffers offered a rare glimpse into how the governor’s staff handles media inquires and how they prioritize her agenda and her messages to the public. Throughout the trial, the governor’s contract lawyer Paul Kennedy tried to paint the picture of a busy governor’s office with overworked staff and not enough resources to adequately comply with state law and respond to every media request.

Judge stops, for now, some of state’s reasons for denying wage theft claims

A judge temporarily halted a New Mexico state agency’s self-imposed limitations on wage theft claims.

In a ruling Tuesday afternoon, Santa Fe District Judge David Thomson ordered that, for now, the state Department of Workforce Solutions (DWS) cannot automatically deny complaints of wage theft that total more than $10,000. The state department is also not allowed to automatically turn down claims that happened more than a year before they’re made. “Wage theft” refers to an employer denying payments owed to an employee in any way, which can include paying below minimum wage and refusing to pay overtime, for example. Thomson’s temporary restraining order against the state comes because of a class-action lawsuit filed just two weeks ago by “low income workers” who made wage theft claims against their employers to DWS. Ten individuals named in the lawsuit allege that DWS’ handling of their wage theft claims violate multiple state laws.

Judge dismisses PARCC bid-rigging lawsuit

A Santa Fe district court judge threw out a challenge to a contract for a controversial standardized test. The Washington D.C.-based nonprofit American Institutes for Research challenged the state’s decision to award a lucrative testing contract to education conglomerate Pearson. The contract, worth an estimated $1 billion over eight years, included writing and administering the Partnership for Assessment of Readiness for College Careers’ (PARCC) flagship test. Although most associate the term with the test, PARCC is a consortium of 12 states and the District of Columbia that were tasked with developing a new standardized test that abides by the Common Core State Standards Initiative. The PARCC test is projected to reach up to 10 million students across the consortium over the length of the contract.