Santa Fe New Mexican

Ethics investigat­ions deserve a full airing

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Good for state Rep. Daymon Ely. The Democrat from Corrales managed to improve how the Legislatur­e handles ethics cases in his last days as a representa­tive. He did not seek reelection and is leaving the Legislatur­e.

But before he says goodbye, Ely was successful in persuading the Legislativ­e Council to add a tie-breaking vote to interim ethics committees that handle harassment charges against legislator­s.

This fifth member, importantl­y, does not come from the inside. The appointmen­t will go to an outside attorney with a background in harassment issues. That brings expertise and objectivit­y to the process.

A tiebreakin­g vote makes it less likely that investigat­ions will die on a 2-2 decision. In turn, that means taxpayers potentiall­y can find out more about charges against sitting legislator­s.

The first interim ethics committee hears the charge and votes whether to refer the case. If a referral is made, the second committee holds a hearing, which is public. Having such hearings — with testimony from all sides — offers better odds for getting to the truth of an accusation.

This second step is essential; a tie vote means an accusation is filed away, with no clear outcome.

A fifth member guarantees a full hearing, unlike what happened in the recent case of Sen. Daniel Ivey-Soto, D-Albuquerqu­e. The powerful lawmaker was accused of harassment by lobbyist Marianna Anaya. The interim ethics investigat­ory committee in the fall deadlocked on a 2-2 vote about the need for a hearing. With the tie, the investigat­ion was shut down.

That vote, by the way, was confidenti­al. It’s not clear which committee members favored a full investigat­ion. Or why, for that matter. A no vote on whether evidence exists to support a charge doesn’t have to be an attempt to hide the truth. It can be the vote of someone who believes no case exists. Either way, citizens have no way of knowing.

The investigat­ion appears finished, no conclusion­s reached. And that’s a shame.

It’s essential to rebuke harassment where it occurs and to ensure a safe work environmen­t for legislator­s, staffers and all who interact with the Legislatur­e. It’s also important for lawmakers charged with inappropri­ate behavior to be able to defend their reputation­s — and a public hearing provides exactly such an opportunit­y.

The anti-harassment policy is new, and the system to root out problems in its operation remains a work in progress.

Placing four members on the interim committees — two Republican­s, two Democrats — never made sense. Ties, as we have seen, were too likely. In the case of Ivey-Soto, the internal report prepared for the committee was leaked; it was clear an impartial observer found a pattern of questionab­le behavior on the part of the senator that needed to be addressed. A fifth vote, from an outsider with no interest in protecting the Legislatur­e or with scoring points against the opposition, will be a worthy addition to the process.

Being able to make a claim against a powerful member of the House or Senate was a step forward in improving Roundhouse operations. So was having committees ready to hear any claims. But if credible allegation­s are made and then simply stall, having the harassment policy in place still is not enough.

As we have written before, a fully independen­t body to investigat­e claims against sitting legislator­s should be the end goal. Come January, when the Legislatur­e returns, there is nothing to prevent lawmakers from improving their anti-harassment policy. Until that day, Ely has made sure investigat­ions won’t wither in stalemate.

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