Commissioners fret over costs of proposed civil rights bill
With loss of qualified immunity, officials say liability payouts could be expensive
Santa Fe County commissioners are balking at the language of a bill before the Legislature that would allow New Mexico residents to file civil claims in state District Court against governmental agencies and employees for alleged violations of constitutional rights.
House Bill 4, which would create the New Mexico Civil Rights Act, passed a committee in the House of Representatives on Monday. It includes language that would remove the doctrine of qualified immunity as a legal defense, which for years has effectively shielded law enforcement and other government officials from being personally liable for actions infringing on a person’s constitutional rights.
County Manager Katherine Miller echoed complaints noted by the New Mexico Association of Counties that the legislation as currently written opens the door to potentially expensive consequences for the county and other local governments.
“The issue with the way the current legislation is drafted is we’re not going to really see the impact of what this type of legislation could potentially do from the financial perspective,” Miller said. “It will be down the road, but it could be severe.”
During Tuesday’s meeting of the Board of County Commissioners, County Attorney Greg Shaffer said concerns had been raised about what the bill could do to insurance rates for the county. He also noted the lack of a cap on compensatory damages that could be levied by a jury in a civil lawsuit.
The commission expects to present a formal resolution during its next meeting requesting changes to the bill.
Commissioner Rudy Garcia noted it’s difficult to take
a stance on the bill because language could change during its way through the Legislature’s committee process. He said he supports a compensatory cap.
A legislative staff analysis estimated the bill would increase costs for state and local governments by about $7 million a year, while the number of civil rights cases would increase by about 50 percent. Settlements and judgments would more than double, from $3.6 million to $8.1 million, according to the analysis.
The nine-member state Civil Rights Commission, created in
June, acknowledged potential increased cost to local and state governments but added individuals whose rights are violated currently have no other course of action. Cost savings, it said, should not be paramount.
Miller said there likely is a better way to hold officials accountable that wouldn’t be as “drastic,” including improving law enforcement training.
Commissioner Anna Hamilton said she thinks its “insidious” that the bill is called the New Mexico Civil Rights Act because anyone who speaks out against it comes off as speaking out against civil rights.
“Protection of civil rights is hugely important, but no matter what, you have to define what problems you are trying to remedy and see if you are actually applying remedies,” she said.
Sheriff Adan Mendoza recommended the county not support the bill as written.
“We can all agree civil rights is important, and we want appropriate remedies. That doesn’t necessarily equate to monetary remedies,” Mendoza said.