PNM Settles Federal Discrimination Suit for $750,000

PNM will pay $750,000 to settle discrimination allegations

The federal Equal Employ­ment Opportunity Commission announced yesterday that Public Service Company of New Mexico and PNMR Services will pay $750,000 to settle an employment discrimination lawsuit brought by the EEOC. As summarized in a news release, that suit alleged the company violated the American with Disabilities Act through several policies and practices, including barring employees who were returning from medical leave to do so unless they were released to “full duty” or “without medical restrictions”; placing those employees who couldn’t return to work without restrictions within 90 days on involuntary unpaid leave status and “subsequently discharging them, without considering possible reasonable accommodations; and refusing to reassign or assist with reassigning qualified employees with disabilities to vacant positions as a reasonable accommodation.” The EEOC says it filed suit last month in US District Court of New Mexico after first trying to resolve the case through its “conciliation” process. Shortly after filing suit, the parties agreed to a two-year consent decree during which 10 people will receive the settlement as a form of back pay and compensatory damages; PNM will revise its policies as it relates to accommodating disabilities; train its employees; and report any discrimination allegations to the EEOC. “We appreciate PNM’s work toward reaching an agreement that will improve its training, policies and procedures,” Mary Jo O’Neill, regional attorney for the office that oversees New Mexico, said in a statement. “We remind employers that they have responsibility to provide accommodations for their qualified employees with disabilities and to prevent discriminatory practices by untrained managers from becoming the company’s way of doing business.”

State auditor urges gov to retain finance executive order

State Auditor Joseph Maestas yesterday called on Gov. Michelle Lujan Grisham to “resist calls to rescind” a 2013 executive order that requires recipients of capital outlay appropriations to have “timely audits,” amongst other fiscal requirements. As he recently told SFR, Maestas supports the intent of the order and would like it modified and codified into law. “I think it’s one of the best good government pieces of policy,” he said. “The only shortcoming is it’s not law.” Maestas’ exhortation to the governor follows a now-corrected Santa Fe New Mexican story that erroneously said the governor intended to rescind the order. The state Department of Finance Administration cited the order in a recent now-abandoned plan to have the General Services Department oversee capital outlay funds for city parks. The governor’s press secretary, Caroline Sweeney, tells SFR via email yesterday the governor does not intend “at this time” to rescind the order. “The requirement for local governments to be up to date on their audits provides an important indicator that they are equipped to administer capital outlay in a fiscally responsible and efficient manner,” Sweeney writes. As for Maestas’ call to codify the order in statue in the upcoming session, Sweeney says the governor’s office is “open to working with the State Auditor and Legislature on statutory mechanisms to ensure fiscal responsibility throughout the capital outlay process, both at the state level and with our partners in local government.”

As SFR recently reported, Attorney General Gary King, in response to questions from lawmakers about the legality of the 2013 order, issued by former Gov. Susana Martinez, issued an opinion, also in 2013, finding it unconstitutional. Daniel Maki, a spokesman for Maestas, tells SFR via email that opinion does not influence the auditor’s stance because it isn’t case law and therefore does not set a precedent. “If it were and this matter had been tried by a court to establish that it is a violation of separation of powers then it would be unconstitutional and change his opinion. Executive Order 2013-006 does not remove the legislature’s power to appropriate funds, rather it ensures that the entities have the financial management controls to receive disbursement of those funds,” Maki writes.

City candidates debate as early voting approaches

Santa Fe City Council candidates for the city’s Southside 3 and 4 districts in the Nov. 7 municipal election last night focused on affordability, transparency and the city’s finances in a Santa Fe County League of Women Voters’ candidates forum at Santa Fe Community College. “Housing is one of the number one issues we are seeing. I myself would not be able to live here without the help of my family,” District 4 Councilor Jamie Cassutt, one of the sponsors of a forthcoming ballot measure proposal to tax high-end real-estate, said. “This is no longer a community where people who grew up here can stay.” All candidates acknowledged housing as a key issue, but some, including Cassutt’s challenger Joel Nava, questioned how revenue from the excise tax would be managed by the city. Concerns about city transparency on all levels rose to the forefront multiple times throughout the night, with several candidates referencing City Manager John Blair’s recent withholding of a letter to Mayor Alan Webber about threats to the city’s capital outlay allocations because of its chronically late audits. Blair subsequently apologized and iterated his commitment to transparency, though neither he, Webber nor the city’s public information officer returned calls earlier this week when the state announced it would not move authority for city parks funds to the state’s General Services Department. “Transparency is not there,” Nava said. “If we don’t hold our leaders to the same accountability, we will have more secrets.” The League will hold forums at 6:30 pm today for District 1 and 2 candidates at Santa Fe Prep, in the founders room. Early voting begins on Oct. 10; in a news release with local voting information, Santa Fe County Clerk Katharine Clark urged voters to “make a plan and vote early, if possible. Local elections matter. It’s important to make your voice heard where decisions are made that have significant and direct impact on your day to day life.”

SFPD makes arrests in homeless shelter drive-by shooting

The Santa Fe Police Department yesterday announced two arrests in a Tuesday drive-by shooting in the Cerrillos Road and Harrison Road area. SFPD reports officers were dispatched to the area at approximately 4:50 pm after reports of shots fired. Once there and after talking to witnesses, officers learned that some of the shots had struck the Pete’s Place Interfaith Community Shelter. While investigating, officers identified a black vehicle with a temporary tag involved in the incident and “witnesses on scene were able to provide a direction of travel for the involved vehicle,” a news release says. SFPD officers, who heard additional shooting coming from the nearby Big 5 sporting good store, located the vehicle, conducted a traffic stop and detained its three occupants without incident, subsequently arresting and charging two of them, Fabian Estrella, 23 and Jordan Martinez, 28, both of Santa Fe with: shooting at a dwelling or occupied building; shooting at or from a motor vehicle; and negligent use of a deadly weapon. SFPD says both were intoxicated and neither “communicated a motive for the shooting.” One person sustained a minor injury from the incident after one of the fired rounds went through a window, the criminal complaint says, noting that while several people were outside of the shelter at the time of the shooting, no other injuries were reported. A statement of probable cause in the case includes information provided by the third person in the car, Estrella’s girlfriend, who said Estrella had recorded the incident and sent it to her via SnapChat.

Listen up

October’s arrival signals golden aspens, pumpkin patches and questionable candy choices. Around these parts, the month also heralds the return of men in wigs, aka our favorite Led Zeppelin tribute band Moby Dick. The gents return at 8 pm (doors at 7 pm) on Saturday, Oct. 6 at Tumbleroot Brewery and Distillery ($10 advance/$15 at the door). For a preview of the music and the mayhem, be sure to catch yesterday’s interview with KBAC Big Show host Honey Harris (yes, you will hear those English accents on Saturday night as well).

Fly the colorful skies

At least as of press time, Meow Wolf was slated to unveil “Skyworm,” the company’s artist-designed hot air balloon, at 7 am this morning, in advance of the Albuquerque International Balloon Fiesta (Oct. 7-15). As announced last month via news release and teaser video, “Skyworm” was produced by members of Meow Wolf’s internal creative team in collaboration with Rainbow Ryders Hot Air Balloon Ride Co. “As the designer of ‘Skyworm,’ I’ve had the incredible privilege of collaborating with a group of artists who share a passion for pushing the boundaries of creativity,”Jeff Hantman said in a statement. “We can’t wait to share this creation with the world. To me, ‘Skyworm’ captures the essence of Meow Wolf’s immersive and otherworldly experience.” The University of New Mexico also unveiled its first balloon, “Cherry on Top,” also via a partnership with Rainbow Ryders, on Monday. For anyone planning to attend the balloon fiesta, New Mexico Magazine has the full primer on this year’s 51st celebration, including a rundown of this year’s Glow events (including the eclipse glow event timed to the annular eclipse on Oct. 14); a profile of 17-year-old balloon pilot Kierstynn Wehner; and another with Jim Ahern, 84, a legendary balloon pilot who flew for 50 years. Santa Fe’s Tourism Department is also offering shuttle service to the event again this year.

Adventures on and underground

The best adventure in New Mexico, according to National Geographic: soaking at Jemez Hot Springs or the nearby Spence Hot Springs for a more “rugged” trail experience. The listing appears as part of a rundown of the “best ways to get outdoors” in all 50 states. For those looking to work versus soak, albeit in a nice environment, The Travel’s list of the 10 best US “workcations” includes Santa Fe at #4. The story recommends staying at La Fonda on the Plaza during one’s workcation, where one has close proximity to “Santa Fe’s charming town square to see various attractions in the city.” Meanwhile, online magazine Best Life includes White Sands National Park in the #1 spot on its list of the 10 “best national parks you can walk through” (versus drive, in case you, too were confused by the list’s premise): We Dream of Travel photographer and blogger Adam Marland says with the exception of one road, one must check out White Sands on foot. “When I say ‘by foot,’ I mean that literally,” he tells Best Life. “Leave your shoes in the car and enjoy any number of trails through the pillowy-soft hills of gypsum that roll ever-onward for miles in each direction.” As for the #2 spot: Carlsbad Caverns National Park. We Dream of Travel blogger Sophie Clapton notes that given how much of this national park is underground, exploring on foot is the only option: Visitors “will hike deep underground as you discover a world of stalactites, stalagmites, soda straws, draperies, cave popcorn, and so much more than you ever imagined could exist in such an inhospitable place,” she says. We feel compelled to point out that both White Sands and Carlsbad Caverns have accessible programs and services, including an elevator in the latter, because not everyone can visit national parks on foot.

Easy breezy

The National Weather Service forecasts a sunny day with a high temperature near 70 degrees and north wind 5 to 10 mph becoming southwest in the afternoon. More of the same in the days ahead, with the exception of Friday night where winds may gust as high as 45 mph. Monday, aka Indigenous Peoples Day, will be sunny with a high temp near 72 degrees and, as a federal holiday, government et. al will be closed.

Thanks for reading! The Word returns Tuesday, Oct. 10, by which point she may have finally listened to all 682 songs on the Slate Culture Gabfest Summer Strut playlist and be ready for a fall/winter mix.