Legislators: Pro Tem conduct was ‘inappropriate and unprofessional’ but not an anti-harassment policy violation

Last week, I wrote about an ethics committee hearing where Senators had to decide whether Senate President Pro Tem Mimi Stewart calling and “screaming” at a Legislative Council Services employee was a violation of the Legislature’s anti-harassment policy.

The 4-3 vote found that there was not an “offense that justifies the imposition of sanctions” and recommended the dismissal of the complaint.

Wednesday, the subcommittee issued a written opinion that while the conduct from the Albuquerque Democrat was “inappropriate and unprofessional…the single incident at issue did not rise to a level that a reasonable person would find threatening, intimidating, or coercive.”

This echoed the argument made by Stewart’s attorney Ray Vargas.

He told the committee that Stewart’s comments “were heated, they were uncalled for, but they were not threatening, intimidating or coercive.”

Additionally, the subcommittee emphasized that a future similar incident could prompt another hearing.

“The Hearing Subcommittee notes that, while the complaint has been analyzed as a single incident under the Anti-Harassment Policy, the complaint may form a basis to analyze any future conduct as a ‘series of incidents’ under the Policy,” the member wrote.

The subcommittee also said that the anti-harassment policy should be revised to provide more clarity.

Former New Mexico Supreme Court Justice Richard Bosson chaired the subcommittee. He voted along with Democratic Senators Leo Jaramillo of Espanola, Roberto Gonzales of Taos and Carrie Hamblen of Las Cruces to not impose sanctions. Republicans Bill Sharer of Farmington, Nicholas Paul of Alamogordo and James Townsend of Artesia all said there was an offense that justified the imposition of sanctions.