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Photo by Sara Grajeda
A bill that would require the Educational Retirement Board to publicly disclose the pension amounts for each of its 30,000 members passed the Senate Tuesday night and will now go to the governor for his signature. As The Independent reported in December, a state law passed last year prohibited disclosure of such information.
The Independent discovered the new rules in December, when in the course of investigating double dipping, it requested pension amounts for retirees. Retirees who return to work do not contribute to the pension system–but the state continues to pay into the system on their behalf.
During the floor debate, Senate Majority Leader Michael Sanchez asked if members would be able to opt out of such public disclosure.
“No one can opt out of this,” said Steve Fischmann, D-Las Cruces, who presented the bill sponsored by Rep. Jack Thomas, D-Rio Rancho.
“You must be able to disclose their disability or their pension amount…that is public information,” Fischmann said.
After more questions from Sanchez, Fischmann clarified that the disability benefit amount–but not the nature of the disability–would be public information.
Sanchez repeatedly questioned whether the bill might somehow jeopardize patient confidentiality and Fischman repeatedly denied that it would.
“Why would we need this bill?” asked Sen. David Ulibarri.
“Right now we’re frankly out of compliance with the legal requirements …of public information and this brings us into compliance. ..The salaries and benefits and the contributions are all public record and are required to be public record,” Fischmann responded.
“Because it’s public money paying for these pensions, disclosure is required,” Fischmann added, in order to comply with the New Mexico Inspection of Public Records Act.
IPRA prohibits the release of any medical records.
Sen. Richard Martinez opposed the bill on privacy grounds, saying “I’m retired and I really don’t think it’s anyone’s concern what I’m making in my pension.”
In his closing statement, Fischmann acknowledged the privacy concerns.
“This is simply an attempt to be sure we come into conformity with the current IPRA act and some small attempt to come into parity with PERA. I certainly und the chamber’s concerns and…maybe we need to go back and look at IPRA itself,” he said.
The measure passed by a vote of 21-18, with Sens. Richard Martinez, Mary Kay Papen, Nancy Rodriguez, George Muñoz, Linda Lovejoy, Cynthia Nava, Mary Jane Garcia, Howie Morales, Bernadette Sanchez, John Arthur Smith, David Ulibarri, Kent Cravens, William Sharer, Clint Harden, Steven Neville, Carroll Leavell, Gay Kernan and Dianna Duran voting in the negative.
After the vote, Sarah Welsh of the Foundation for Open Government told The Independent: “I’m glad that the Senate voted for more transparency for public money. …We’re giving out taxpayers’ money and they have a right to monitor expenditures. That’s the idea of government for and by the people.”
