By Marty Mayfield
KRTN Multi-Media
In a letter from the New Mexico Attorney General’s Office, they have informed Colfax County Sheriff Leonard Baca that they will not move forward with the prosecution of Mary Lou Kern for her involvement in procuring a four-year inmate medical and mental health services contract with Roadrunner Health Services (RHS) while she was the Colfax County Manager.
The New Mexico Department of Justice has reviewed all of the material presented to them and found that, while Ms. Kern approved all of the RHS invoices despite exceeding the maximum amount of compensation allowable in each of the RHS contract years it cannot be proven beyond a reasonable doubt that this was done with willful negligence as required by statute.
Ms. Kern was instrumental in obtaining American Rescue Plan Act (ARPA) funding to provide pay to eligible workers who performed essential work during the health crisis of the pandemic. While some of the distribution of ARPA funds went to individuals who were not eligible for compensation the allegation that this violated NMSA 1963 30-23-2 Paying Public Money for Services not Rendered fails because the statute applies only to funds owned by the state and not to federal funds distributed with in the state.
Ms. Kern resigned her position as County Manager effective March 17, 2022, thereafter RHS hired Ms. Kern as their Chief Financial Officer. Analysis of Ms. Kern’s emails and bank accounts revealed no personal financial benefits to Ms. Kern related to RHS during the time she was employed by Colfax County, nor any offers or suggestions of future employment for Ms. Kern should she cease being employed by Colfax County. Thus, there is no factual basis for asserting that Ms. Kern violated contemporaneous employment prohibitions under New Mexico Law. NMSA 1978, §§ 10-16-4.3; 13-1-193.
At or about the time Ms. Kern resigned her County Manager position, RHS submitted a bid, pursuant to a new RFP, to continue providing medical services to Colfax County. On two occasions in the following month, Ms. Kern texted a former colleague who was still at Colfax County and informally inquired about the status of the RHS proposal. There is no evidence that Ms. Kern presented RHS’s application to county officials or that she otherwise represented RHS before county officials regarding the proposal. Accordingly, there is no evidence that Ms. Kern knowingly and willfully violated the “revolving door” provisions of the Governmental Conduct Act. NMSA 1978, § 10-16-S(B) and (D); § 10-16-17
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