Ethics subcommittee considers harassment allegation against Sen. Mimi Stewart

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Lawmakers deliberated Friday conduct from Senate Pro Tem Mimi Stewart (D-Albuquerque) towards a legislative staffer during the session, which resulted in an allegation of harrassment. (Danielle Prokop / Source NM)

Lawmakers deliberated behind closed doors for more than an hour-and-a-half Friday afternoon about whether a high-ranking New Mexico senator will face discipline over alleged harassment of a legislative staffer.

Four state senators on the interim Legislative Ethics Committee and a retired New Mexico Supreme Court justice concluded their discussion before 5 p.m., but as of publication had not issued the written order containing its recommendations, according to  Chris Nordstrom, a spokesperson for Senate Democrats. Source will update this story when it does.

Friday’s hearing centered on whether an email exchange and phone call in February between Senate President Pro Tempore Mimi Stewart (D-Albuquerque) and legislative staffer Michelle Jaschke, violated the Legislature’s anti-harassment policy.

Jaschke did not respond to messages seeking comment Friday afternoon on the committee’s recommendation.

Employment and labor lawyer Lorna Wiggins, who served as special counsel in the matter for the Ethics Committee’s investigative subcommittee, on May 18 issued her report after interviewing Jaschke and Stewart. Source NM requested a copy of the report from the Legislative Council Service but did not receive a copy prior to publication.

On Friday, Wiggins summarized her findings to the committee.

Jaschke, the capital outlay programs coordinator for the Legislative Council Service, emailed Stewart on Feb. 27 some time after 5 p.m. to ask about her capital outlay funding request — to help finance projects in lawmakers’ districts which had been due at 5 p.m. the day before.

In response, Stewart wrote: “WE SENT IT TO YOU YESTERDAY AFTERNOON AROUND 3:30…” according to a copy of the email Stewart’s attorney Ray Vargas presented to the committee.

Moments later, Stewart called Jaschke, “screaming at her using what she deemed pejorative language, including calling her stupid for not knowing that the sheet had already been turned in,” Wiggins said.

Jaschke told Wiggins that Stewart’s “verbal attack” affected her mental and physical well-being, including her ability to sleep, and that she took at least one sick day because “she was angry and upset at the interaction.”

Wiggins said Stewart acknowledged yelling at Jaschke, admitted using an angry tone during their phone call and admitted she may have used the word “stupid” during the call. Stewart also conceded that using all-capital letters is the equivalent of yelling at someone, Wiggins said.

Wiggins argued Stewart’s actions rose to the level of harassment because a reasonable person in Jaschke’s position would view the email and call as “hurtful, demeaning and caused her discomfort,” and could conclude it was “humiliating, intimidating and insulting.”

In his defense of her, Vargas said Stewart regretted her actions and later apologized. Moreover, he argued, the policy’s harassment definition requires “threatening, intimidating or coercive” verbal or physical behavior.

Stewart, he said, in a “high-stress moment, lost her cool and she was impolite to Ms. Jaschke. No, she wasn’t just impolite, she was downright rude,” Vargas said. “What she wasn’t though, was harassing, certainly not under the way harassment is defined under this policy.”

Vargas read a statement from Stewart reiterating her regrets about the incidents:

“I believe it’s important that we legislators treat everyone with kindness and respect, especially our staff,” the statement said. “During the legislative session, when all of us are rushed, under pressure and tempers can flare, it’s even more important to exhibit calmness and kindness. I regret that I failed to do that with Michelle. When I was informed of her reaction, I sent her a letter of apology. I stand by that apology, I plan to continue to monitor my reactions to others. I’m seeing a mental health counselor now to ensure my kindness and respect for others is on solid footing, and I’m committed to always learning from others and growing in my ability to help others.”

Vargas warned that if the committee decided to punish Stewart, it could have far-reaching implications for the Legislature as a whole.

“Everyone in the Roundhouse will be walking on eggshells,” Vargas said. “Everyone will be afraid to say the wrong thing, or afraid that if they’re passionate about a subject, it’s going to get confused for harassment.”

This post was originally authored and published by Danielle Prokop, Austin Fisher from via RSS Feed. to get your news feed on Nationwide Report®.