Legislative panel recommends dismissal of complaint against top NM Senate Democrat

SANTA FE — Barring an unexpected twist, New Mexico Senate Democrat Mimi Stewart will not face sanctions for shouting at a legislative staffer in a heated moment during this year’s 60-day legislative session.

On a party-line vote, a legislative ethics hearing subcommittee recommended Wednesday that a complaint filed against Stewart for violating the Legislature’s anti-harassment policy be dismissed.

While the recommendation must still be accepted by a standing Senate committee, the finding appears likely to resolve the internal investigation into Stewart’s actions. But it did not fully absolve the veteran lawmaker, who has been the Senate’s president pro tem since January 2021.

After the hearing subcommittee’s recommendations were released Wednesday, Stewart cited her apology to Michelle Jaschke, a capital outlay programs coordinator with the Legislative Council Service, but disputed some of the allegations against her.

Jaschke had filed the complaint against Stewart in February, alleging the influential Democrat had responded to her email about a deadline for submitting capital outlay projects by sending a terse email saying, “WE SENT IT TO YOU YESTERDAY AT 3:30.” The senator later screamed at her and called her “stupid” during a phone call, Jaschke claimed.

“As I have stated before, I believe it is essential that we, as legislators, treat everyone with kindness and respect,” Stewart said in a statement. “During legislative sessions, it becomes even more critical to maintain our composure and show understanding, especially toward the staff who are an integral part of the team.”

“I regret that I failed to meet this standard in my interactions with Michelle during the last session,” Stewart added. “I sent her a sincere letter of apology at that time, and I stand by that apology today.”

The hearing subcommittee, consisting of six senators — three Democrats and three Republicans — and retired state Supreme Court Justice Richard Bosson, held a rare public meeting last week to review the allegations against Stewart.

The panel ultimately voted 4-3 in favor of dismissing the complaint, with the three Democratic members joining Bosson in voting against recommending sanctions, which could have included reprimand, censure or expulsion.

The subcommittee’s three Republican members voted in favor of sanctions, and Senate GOP floor leader William Sharer of Farmington blasted Democrats for their handling of the situation.

“Democrats on the Senate Ethics Committee have made it clear: abusive behavior by Democratic Senators toward staff is perfectly acceptable under their ‘so-called’ anti-harassment rules,” Sharer said in a Wednesday statement.

While the hearing subcommittee voted to recommend dismissal of the complaint against Stewart, it found the legislator’s conduct amounted to an “unprofessional, inappropriate and unacceptable manner” of treating legislative staff.

However, the subcommittee determined such treatment did not violate the terms of the Legislature’s anti-harassment policy.

“While the Hearing Subcommittee has found that Sen. 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 written recommendation states.

Meanwhile, the subcommittee also recommended the anti-harassment policy be revised to more clearly stipulate what type of conduct constitutes a violation.

Stewart said Wednesday she supports such an effort, while also expressing support for using options such as mediation to resolve future conflicts.

“We have critically important work ahead of us during the interim and in the next legislative session,” Stewart said. “My focus remains on delivering results for my constituents and the people of New Mexico.”

The Legislature’s anti-harassment policy was last updated in 2018, after a slew of sexual misconduct claims in New Mexico and around the nation. In its current form, the policy covers sexual harassment, along with harassment based on age, race, gender, religion and other factors.