Senate passes public records bill, chides Martinez administration

The New Mexico Senate unanimously passed a bill Saturday that would allow the public to immediately view records pertaining to claims against the government, as legislators admonished financial settlements made under the administration of former Gov. Susana Martinez. Senate Bill 64, sponsored by Sen. Sander Rue and three other lawmakers, would remove a requirement that the […]

Senate passes public records bill, chides Martinez administration

The New Mexico Senate unanimously passed a bill Saturday that would allow the public to immediately view records pertaining to claims against the government, as legislators admonished financial settlements made under the administration of former Gov. Susana Martinez.

Senate Bill 64, sponsored by Sen. Sander Rue and three other lawmakers, would remove a requirement that the state must wait 180 days before publicly disclosing information about such settlements. It would also eliminate criminal penalties for revealing confidential records related to these types of claims. The bill now moves to the House.

Lawmakers said they were compelled to introduce the bill after millions of dollars in secretive settlements were made during the Martinez administration, many of which were found to have been carried out without adequate investigation or documentation. During debate on Saturday, senators had harsh words for officials from that administration and the attorneys involved, saying they allowed corruption to continue unchecked in New Mexico.

“We should be outraged,” Sen. Joseph Cervantes told the chamber, noting that the settlements were made with taxpayer money. “I thought I’d seen every kind of fraud available to politicians until I saw this one.”

A series of settlements were reached in late 2018, the final days of the Martinez administration, to dispose of sexual harassment and gender discrimination complaints against former state police Chief Pete Kassetas.

But under current law, the General Services Department had to wait 180 days before releasing information pertaining to those settlements. The bill passed Saturday by the Senate would erase that required delay.

In August, for instance, that department released documents showing three former Department of Public Safety employees received a total of $1 million after alleging they were sexually harassed or were victims of sexual discrimination.

State Auditor Brian Colón said in November that a special audit of settlements made while Martinez was in office revealed abuse of power to help political appointees and possible violations of state law.

Auditors looked at 18 settlements totaling more than $5 million between 2015 and 2019. Of those, the audit revealed more than $2.7 million was paid in cases in which there was a lack of documentation for the settlements. And cases involving more than $2.1 million in payouts had confidentiality clauses exceeding the six-month maximum allowed by law.

“When audits were done and people went back and looked at this, it was pretty apparent that mischief played with the processes and with taxpayer dollars,” Rue, R-Albuquerque, told The New Mexican.

Colón has said his office referred audit documents for review to the District Attorney’s Office in Santa Fe and the office of state Attorney General Hector Balderas.

The state’s newly created ethics commission cannot investigate the settlements because it’s not allowed to investigate complaints of incidents that occurred before July 2019.

Senators said during floor debate on Saturday that they couldn’t understand why prosecutors had not yet held those involved accountable more than one year after the settlements occurred.

Senate Majority Leader Peter Wirth, D-Santa Fe, said he hoped there could be restitution for taxpayers. He also asked Rue to share the names of the contract lawyers involved in the settlements. Rue responded that he would look into posting a list of names online.

Later in the debate, Cervantes called Wirth’s question “a tease,” saying, “We know who the law firms are. Let’s say who they are.”

“Attorney general, why don’t you connect the dots?” he then asked. “District attorneys, why don’t you connect the dots?”

The bill passed by the Senate doesn’t include any provision requiring that the settlements be posted on the state Sunshine Portal. However, General Services Department Secretary Ken Ortiz noted that his agency has implemented a policy of posting settlement documents there.

Ortiz said after the vote that he believed the bill, if passed, could restore some trust in state government.

“The public has a right to know how we do business and how their tax dollars are spent,” Ortiz told reporters. “With the passage of this bill, once it’s signed into law, they would be able to immediately view documents within the settlement.”

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Effort to challenge six laws enacted last year comes to an end

Effort to challenge six laws enacted last year comes to an end

Earlier this month, the New Mexico Supreme Court denied and dismissed the effort to challenge six laws enacted in 2023. The New Mexico Supreme…
Governor to call special session for public safety legislation this summer

Governor to call special session for public safety legislation this summer

Gov. Michelle Lujan Grisham announced that she will call the Legislature into a special session this summer to address public safety legislation that did…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
NM receives $156M to boost access to solar

NM receives $156M to boost access to solar

New Mexico will receive millions in federal money to increase access to solar power. The U.S. Environmental Protection Agency announced recipients of the $7…
Two PFAS chemicals designated hazardous substances under Superfund law

Two PFAS chemicals designated hazardous substances under Superfund law

The U.S. Environmental Protection Agency released a final rule Friday to designate two types of PFAS chemicals as hazardous substances. Those two chemicals are perfluorooctanoic…
BLM finalizes controversial public lands rule

BLM finalizes controversial public lands rule

The U.S. Bureau of Land Management finalized its controversial public lands rule on Thursday. This rule is controversial because it allows for conservation leasing…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …
Stansbury introduces judicial ethics bill on U.S. Supreme Court steps

Stansbury introduces judicial ethics bill on U.S. Supreme Court steps

U.S. Rep. Melanie Stansbury announced a bill on Thursday that would, if enacted, establish judicial ethics to the U.S. Supreme Court. The Judicial Ethics…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
Effort to challenge six laws enacted last year comes to an end

Effort to challenge six laws enacted last year comes to an end

Earlier this month, the New Mexico Supreme Court denied and dismissed the effort to challenge six laws enacted in 2023. The New Mexico Supreme…
Vasquez calls out Republicans for ‘inaction’ on border policy

Vasquez calls out Republicans for ‘inaction’ on border policy

U.S. Rep. Gabriel “Gabe” Vasquez, a Democrat who represents the state’s 2nd Congressional District along the U.S.-Mexico border, cosponsored a resolution on Monday calling…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
NM receives $156M to boost access to solar

NM receives $156M to boost access to solar

New Mexico will receive millions in federal money to increase access to solar power. The U.S. Environmental Protection Agency announced recipients of the $7…
Two PFAS chemicals designated hazardous substances under Superfund law

Two PFAS chemicals designated hazardous substances under Superfund law

The U.S. Environmental Protection Agency released a final rule Friday to designate two types of PFAS chemicals as hazardous substances. Those two chemicals are perfluorooctanoic…
New Mexico Voices for Children has new leadership

New Mexico Voices for Children has new leadership

New Mexico Voices for Children, an organization that focuses on tax policy and how it impacts children in poverty, has new leadership. Gabrielle Uballez…

GET INVOLVED

© 2023 New Mexico Political Report