“What can be potentially occurring right here is human beings’s silence is being offered with public cash,” says State Senator Sander Rue.
We are talking about payouts of nearly $2,000,000 in December final 12 months. But don’t hassle seeking out the proof, it’s hidden away. And, the handiest clues are a handful of canceled tests.
Ground zero for these personal transactions? New Mexico’s Risk Management Division. Risk Management handles liability claims made towards the country. Anytime a public employee or corporation is accused of wrongdoing, for everything from civil rights to clinical malpractice, the case is treated through Risk Management.
KRQE News 13’s research unearths, past due remaining 12 months, the Martinez administration negotiated secret offers that cost taxpayers a total of $1,seven hundred,000. Sources say the Risk Management Division paid a set of disgruntled public personnel big sums of money so one can hold alleged compromising records approximately then Governor Susana Martinez beneath wraps.
“I assume the general public would be outraged that these cases were settled with out right research,” says former State Police Chief Pete Kassetas who has first-hand understanding of the cases due to his involvement.
The employees submitting claims against the kingdom include DPS Deputy Secretary Amy Orlando. When Orlando changed into transferred to some other business enterprise, she filed a claim against the state alleging discrimination.
After DPS Supervisor Terri Thornberry changed into reprimanded, she alleged discrimination. Thornberry claimed, in component, her paintings situations brought about her strain, and he or she “no longer walks her dog.” Even even though an investigator determined her claims have been no longer substantiated, Thornberry asked the nation to pay her $2.Five million in damages.
DPS worker Dianna DeJarnette also claimed discrimination and the stress caused her, in component, dizzy spells. She asked for $2.Five million to settle the case.
State Police Sgt. Monica Martinez-Jones alleged discrimination because, in component, she have been surpassed over for promoting. Even even though a DPS investigator stated the allegations have been not substantiated, Martinez-Jones sought a agreement anyway.
Deputy State Police Chief Ryan Suggs alleged harassment, adversarial work surroundings, and retaliation.
After State Police Sgt. Julia Armendariz become transferred out of the Governor’s Security Detail, she claimed to had been discriminated against. Among her accusations, Chief Kassetas refused to permit her to shop for her shotgun when she retired.
Martinez-Jones, Suggs, and Armendariz demanded $four,2 hundred,000, together, to settle their cases.
“I wrote separate emails to Governor Martinez, and her entire body of workers and the lawyers involved pleading with them not to settle any of those instances, to completely look at them,” Former Chief Kassetas stated. “Nobody listened. They did what they have been going to do.”
KRQE News thirteen has learned Risk Management officials did now not assign investigators earlier than settling the instances inside the ultimate days of the Martinez management.
The newly appointed General Services Cabinet Secretary Ken Ortiz oversees the Risk Management Division. He says investigating claims made towards the nation is crucial.
“The first part is to assign an investigator to check the claim,” Secretary Ortiz says. “They would make a willpower if this is a reputable declare. From that point, our lawyers then would do what’s known as a threat evaluation. Should we litigate this because it’s defendable and the claims are baseless or is this claim actual, and it is able to doubtlessly cost the country of New Mexico thousands and thousands of greenbacks if we went to court docket on that,”, Secretary Ortiz tells KRQE News thirteen.
That’s the way it’s supposed to work. However, resources say the $1,700,000 settlements last year were rushed. Of route, individual cases may additionally range, however kingdom officers normally say it takes four-6 months to clear up a Risk Management case. The claims filed within the closing weeks of the Martinez administration were settled in 30 days. The files had been then sealed from public view.
“The reality must come out eventually. The truth needs to come out,” Kassetas says, “These settlements are cloaked in secrecy, and the general public need to be capable of see them.”
Why had been the cases settled so fast? That’s the $1.7 million query. Confidential assets worried with these cases say the claims had been resolved within the very last days of the Martinez administration out of worry that non-public data about the Governor might be made public.
In a “Confidential Offer of Settlement” obtained with the aid of KRQE News 13, legal professional Diane Garrity, who represented State Police Sgt. Monica Martinez-Jones wrote, “This case will generate exposure given our modern climate. … (I)f NMSP and DPS do not remedy this situation before we document healthy, it's miles probably that the reputations and careers of the Individual defendants … mainly Chief Kassetas will be sullied to the point wherein they'll now not be able to obtain opportunity employment at the conclusion of Governor Martinez’s term….”
In a December five, 2018 “Updated Confidential Settlement Demand” obtained via KRQE News 13, lawyer Linda Hemphill, who represented Monica Martinez-Jones, Julia Armendariz and Ryan Suggs, referenced “…negative statistics about (Governor Martinez) professionally and in my view.”
In the same settlement call for, legal professional Hemphill writes “…we've compelling and irrefutable proof, received legally, by using Julia Armendariz, at the Governor’s insistence, from Governor Martinez’s husband, Mr. Franco, of the Governor’s sizable private troubles and instances of irrelevant behavior …”
Hemphill shows the discharge of this terrible statistics should “break” the Governor’s “recognition or legacy.”
Linda Hemphill concluded her 10-web page settlement call for to Risk Management settlement lawyers, “For the foregoing reasons, our purchaser’s starting, international demand is in the amount of $four.2 million.”
KRQE News thirteen has found out that the “compelling and irrefutable evidence” referenced with the aid of personal lawyers in each agreement cases become a mystery tape recording of Governor Martinez’s husband, Chuck Franco.
Sources say, at the time, New Mexico’s first own family changed into having marital issues. KRQE News thirteen sources say then Governor Martinez desired statistics on her husband. State Police Sgt. Julia Armendariz claims, through her lawyer, the Governor directed her to file a phone conversation with First Gentleman Chuck Franco. Those resources say Franco made politically explosive feedback about his wife. Sources tell KRQE News thirteen Sgt. Armendariz saved the recording and that her legal professional used it as leverage to settle Armendariz’s, and the opposite, complaints.
Former State Police Chief Kassetas advised KRQE News thirteen that he changed into made aware about the Armendariz recording “right before the agreement mediation” in past due December. Kassetas says he can’t comment on the nature of the recording because of confidentiality guidelines. Kassetas said he believes the recording turned into a aspect in settlement of the Risk Management instances.
In a December 20, 2018 email despatched previous to a mediation settlement conference referring to the DPS discrimination claims, legal professional Merit Bennett (representing Dianna DeJarnette, Terri Thornberry and Amy Orlando) asked Risk Management legal professional Paula Maynes for all “embarrassing or compromising” … information “…concerning the non-public existence, alcohol or drug abuse or addiction, personal or intimate relationships or marital conflicts of the Governor.”
In a December 21, 2018 e mail from Chief Kassetas to Governor Martinez and others, received by using KRQE News thirteen thru a Public Records request, Kassetas alleged a private attorney became, “…trying to extort the country based totally off of ability personal embarrassing events surrounding the Governor and Mr. Franco.”
Kassetas concluded his past due December email, “I will now not partake inside the agreement mediation as I can't be part of any extortion effort. I beg of you to cancel the agreement mediation scheduled for the 27th and permit this case bring over to the next administration, Please do now not settle this case,” Kassetas wrote.
“This is public money,” says State Senator Sander Rue (R-Albuquerque) who is an endorse for public responsibility in nation authorities.
“This technique where claims are filed against the nation, and there are settlements made … is cloaked in secrecy,” Senator Rue says. “The manner this aspect is structured now it leaves itself open to abuse by government officers who use this method basically to pay off humans.”
“I expect — and New Mexicans deserve — nothing less than thorough, real and constant investigations while claims are made towards the state authorities,” Governor Michelle Lujan Grisham stated in a written assertion.
“Given the severe issues raised approximately some of the settlements struck via the previous management, Secretary Ortiz is unexpectedly growing new tactics for ensuring all appropriate and necessary review is conducted for all (threat control) claims,” Governor Lujan Grisham wrote.
State Risk Management Director ultimate 12 months, Lara White Davis, became at once answerable for approving the settlements. She had no touch upon the instances settled late inside the Martinez management.
Chuck Franco advised us he was bowled over to find his cellphone communique become secretly recorded.
State Police Lt. Julia Armendariz is now retired. She admits recording the Chuck Franco smartphone communique and refused similarly remark.
Former Governor Susana Martinez did not need to head on digicam but in a written statement said: “I did now not encourage, affect or end up involved in any chance control settlements.” Martinez persisted, “It might be deeply disappointing if someone on the safety detail selected to catalog personal information for their personal benefit.”
State Police Chief Pete Kassetas retired on the cease of the Martinez management.
“What become accomplished to me was wrong and in the long run what changed into carried out to the taxpayers become incorrect,” Kassetas says. “I can’t brazenly talk about everything, however I can communicate about myself and my conduct. You realize, a few people say as Chief, I signed up for this. I didn’t. On a private level it’s been devastating,” the retired police leader says.
If you need to look for your self what those settlements are all approximately, you may ought to wait awhile. Lawyers agreed to seal the settlements from public view until June 23, 2023.
Former Governor Susana Martinez’s issued the subsequent assertion regarding the Risk Management settlements that passed off at the quit of her management:
I did no longer encourage, impact or emerge as concerned in any Risk Management settlements. If these plaintiffs tried to apply unrelated and unfounded personal or personal statistics as leverage for their non-public advantage, then this is very disappointing.
The security element for any governor is necessarily gift for some of the maximum private stories. In my case, that protected things like the death of my father, demise of my brother, my sister’s extreme fitness episodes and hospitalizations in addition to personal disagreements within a wedding. It could be deeply disappointing if a person on the safety detail selected to catalog that non-public information for their own benefit.
I wish and consider that Risk Management and the expert mediator within the case could no longer have allowed the sort of irrelevant and unfounded claims to steer their managing of any case and I have not seen any evidence that suggests they allowed some thing like that to
Statement from Governor Lujan Grisham regarding Risk Management settlements:
Objectivity and consistency are paramount issues as the General Services Department handles claims against the nation. The department ought to be fair to people with meritorious claims whilst also embodying unimpeachable stewardship of taxpayer bucks. Given the critical concerns raised about a number of the settlements struck through the earlier administration, Secretary Ortiz is swiftly growing new approaches for ensuring all suitable and vital evaluate is performed for all claims, and I absolutely consider his process will undergo fruit. I anticipate — and New Mexicans deserve — not anything less than thorough, actual and regular investigations whilst claims are made in opposition to country authorities.