NEW MEXICO (KRQE) – Was it an outburst in a heated moment or harassment? That’s what a subcommittee of lawmakers has to decide a staffer filed a complaint against a prominent leader of the New Mexico Legislature.
According to information revealed during an Ethics Committee hearing Friday afternoon, it all started with an email on February 27th. A legislative council service staff member sent an email to Senate Pro Tem Mimi Stewart (D-Albuquerque) saying she hadn’t received the senator’s capital outlay funding sheet, which was due the day before.
That staffer said Stewart immediately emailed a reply in all caps, suggesting Stewart was angry. The staffer then said it escalated.
“Moments later the reporting party stated she received a call from Senator Stewart screaming at her using what she deemed ‘pejorative’ language including calling her stupid not knowing that the sheet hand already been turned in,” said Lorna Wiggins, special counsel who was in charge of the investigation of the complaint.
The staffer said the encounter left her so upset that she couldn’t sleep and called out sick the few days.
During the investigation, Wiggins said Senator Stewart acknowledged that she used an angry tone, that emails in all capital letters could indicate yelling, and that she had already emailed the staffer to apologize. Wiggins said the incident report shows there is probable cause it may have violated the legislature’s anti-harassment policy.
“It’s the policy of the Legislature that all persons who work for the Legislature be able to do so in an environment in which they are treated with dignity and respect,” said Wiggins to the subcommittee.
However, Stewart’s attorney acknowledged the senator lost her cool but that it didn’t amount to harassment. He also tried to give context, saying $4 million for the underserved district Senator Stewart represents, the International District in Albuquerque, was on the line.
“Her comments in that phone call, they were just rude. They were heated they were uncalled for, but they weren’t threatening, intimidating, or coercive,” said Ray Vargas, counsel for Senator Stewart. He also read a statement on the senator’s behalf.
Vargas read the statement on behalf of Sen. Stewart:
“I believe it’s important that we legislators treat everyone with kindness and respect especially our staff. During the legislative session, when all of us are rushed, under pressure, and tempers can flare, it’s even more important to exhibit calmness and kindness. I regret that I failed to do that with [reporting party’s name]. When I was informed of her, her reaction, I sent her a letter of apology. I stand by that apology. I plan to continue to monitor my reaction to others. I’m seeing a mental health counselor now to ensure my kindness and respect for others is on solid footing. And I’m committed to always learning from others and growing in my ability to help others.”
The subcommittee of lawmakers went into closed session to discuss after the public hearing. That lasted about 30 minutes, and a statement should be expected with their decision on Monday. If they think it violated the legislature’s anti-harassment policy, they can impose sanctions on Sen. Stewart. If they don’t think it did, the inquiry will end here.
