NM agency shines light on settlements
I am writing in response to (the Journal’s) editorial Wednesday, July 3, titled, “Risk Management needs a healthy dose of sunlight.”
I certainly agree with the headline. That’s why I am taking unprecedented steps to shine more light on the business conducted by the Risk Management Division of the New Mexico General Services Department.
Beginning in August, the department will begin the first-ever online posting of settlements entered into by Risk Management on behalf of state agencies, higher education institutions, local governments and others insured by Risk Management for claims alleging civil rights violations, whistleblower retaliation, medical malpractice and other damages.
The settlements will be posted on the New Mexico Sunshine Portal once they become available for public inspection under state law. Members of the public, including the news media, will no longer have to file requests to see Risk Management settlements.
Posting the settlements on the Sunshine Portal will be one of the most significant steps in years by state government to make the business it does on behalf of taxpayers more open and transparent. The New Mexico Foundation for Open Government has called it a “victory for open government.”
As (the Journal) noted in the editorial, state law prohibits public disclosure of risk settlements until 180 days after the latest of four possible dates. One of those dates is when a lawsuit is brought to final judgment; another is when a case is fully settled.
I agree that the law is subject to abuse by public officials who want to prevent taxpayers from learning about settlements. That’s why the General Services Department supported legislation this year to narrow and clarify the law.
Unfortunately, the legislation, sponsored by Sen. Sander Rue and Rep. Linda Trujillo, failed to win lawmakers’ approval. However, the General Services Department and Gov. Michelle Lujan Grisham are committed to reintroduction of the legislation in 2020. The department also is open to a discussion on whether the 180-day rule makes sense.
In the meantime, the General Services Department, unlike the previous administration, will not exploit possible loopholes in the 180-day rule and agree to longer confidentiality periods that negotiate away the public’s right to know.
I also want to clarify my department’s position on the public release of tort claim notices — the notices that we receive when someone intends to sue. Tort claim notices are public records until a lawsuit or other actual claim is filed. Then, as state law now stands, all “records pertaining to claims” are confidential until the 180 days run. At that point, they again become public.
I look forward to the support of the Journal and the New Mexico Foundation for Open Government as the General Services Department walks the walk when it comes to further lifting the blinds on how state government is doing its job.