NM Sunshine Portal keeps public in the dark as big state payouts go unreported
The New Mexico
Last year alone, more than
The recent evaluation by Legislative Finance Committee staff found the portal has routinely failed to report millions of dollars in payouts. Some of the highest-cost settlements involving, for instance, "those around child death or abuse at the Children,
A top state official told lawmakers such monetary settlements aren't posted out of "concern" for the victims.
The LFC report says the practice has deprived the public and the state Legislature from getting the full picture of the financial and legal consequences of state settlements, the report states.
Moreover, though the portal reporting is voluntary, the state
"The consequence of this non-reporting is that the Legislature is ill-equipped" to even ask for basic information about what processes or operations spurred the settlement or to find out how the agency plans to avoid repeating those mistakes, states the LFC program evaluation of the
With transparency, "There's a strong incentive for loss prevention and loss mitigation that agencies feel when they know settlements are going to end up in the newspaper. And that incentive is lost if settlements stay buried," said LFC program evaluation manager
For instance, the Sunshine Portal didn't report a
Also unreported was a
"This is a sample from just last year. There are many more out there," Fischer said.
The incoming administration of Gov.
The Sunshine Portal provides limited information about legal settlements, including the state agency involved, the settlement amount, the claimant, the date the case was settled, and general documentation about the terms. The portal also provides information about budgets, purchases and employee salaries.
There's no mention on the portal that such settlements are excluded. And Doucette didn't attribute the practice to any legal requirement to do so.
Lawsuits filed against the state typically do not reveal the names of the children or disabled adults allegedly harmed by the state. Settlement documents don't either. Typically, such lawsuits are filed by personal representatives on behalf of the injured or deceased person. Victims are usually identified in court records by initials or pseudonyms.
Some ongoing costs also unreported
Also going publicly unreported are the ongoing costs of some settlements, such as the recent Kevin S. settlement signed in 2020 that aims to improve the treatment of children in state custody. The total cost to date of that settlement has grown to
"Though infrequent, settlement cases against the state can have ongoing costs, and without more transparent reporting, the full view of these costs is lost," the evaluation stated.
The state's liability fund pays the ongoing cost of the Kevin S. settlement, not CYFD. Though the settlement agreement included
Under that settlement, the experts can hire staff and consultants, and the state is responsible for paying those costs. Their duties end when they certify the state has reached each of the targets for a continuous 24 months. That hasn't happened yet, and most recently, the co-neutrals released a scathing letter concluding that the CYFD system had gone from a "crisis" last year to a "state of chaos" this year.
The costs incurred as a result of the Kevin S. settlement are eventually incorporated into the premiums CYFD must pay to the
"In other states, these settlements aren't quite as hidden because the authority to approve them doesn't just lie with Risk Management or their equivalent, like it does in
In
Moreover, the state isn't doing enough to help keep large settlements and other claims costs from occurring, the evaluation stated. For instance, there's no formal or centralized loss prevention activity occurring, and the state hasn't outlined steps for remediating or preventing future losses after a claim or settlement has been reached.
One recommendation from the LFC evaluators is that the Legislature require approval by the state Attorney General, or state
A Risk Management response to the evaluation stated that it will consider the merits of the LFC recommendations. The division has been without a director for more than two years but expects to hire a director for the job this month, Doucette told the committee.
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