A prominent New Mexico senator will likely not face further discipline for calling a legislative staffer “stupid” and shouting at her following a dispute in February, according to a decision published Wednesday by the members on the interim Legislative Ethics Committee.
Michelle Jaschke, the capital outlay programs coordinator for the Legislative Council Service, filed an allegation of harassment against Senate President Pro Tempore Mimi Stewart (D-Albuquerque) following an all-caps email exchange and “screaming” phone call in February.
“While the Hearing Subcommittee has found that Senator Stewart’s actions were inappropriate and unprofessional under the circumstances, the Hearing Subcommittee determines that the single incident at issue did not rise to a level that a reasonable person would find threatening, intimidating, or coercive,” the decision states.
The decision further noted Stewart’s behavior was analyzed as a “serious single incident,” but said if future conduct could use the complaint to consider “a series of incidents.” The decision also requested the Legislature’s Anti-Harassment Policy be revised to “provide further clarity,” on the conduct that violates the policy.
Stewart, after the release of the decision, gave a statement to Source NM, saying she failed to treat staff with kindness and respect.
“I regret that I failed to meet this standard in my interactions with Michelle during the last session. I sent her a sincere letter of apology at that time, and I stand by that apology today,” Stewart said.
Stewart added that she wants to add options, including mediation, to resolve similar conflicts.
Jaschke did not respond immediately to Source NM voicemail or emails Wednesday.
The subcommittee, chaired by Richard Bosson, a retired Supreme Court justice and six lawmakers, held a public hearing on the allegations and investigative report prepared by employment and labor lawyer Lorna Wiggins.
Bosson broke a tie between the six lawmakers, siding with Democratic Sens. Carrie Hamblen, Roberto “Bobby Gonzales and Leo Jaramillo to dismiss the complaint without further sanctions.
Republican Sens. William Sharer, Nicholas Paul and James Townsend voted to seek sanctions. In a statement, Sharer blasted the committee’s recommendation as partisan and further evidence that Democrats are opposed to justice, for both violent perpetrators and leaders in their party.
“Perhaps New Mexicans won’t be surprised that the same Democrat lawmakers who fail to hold criminals accountable also refused to hold Senator Stewart responsible for her verbal abuse of a legislative staff member,” Sharer said in an emailed statement.
