Case 1:88-cv-00385-KG-CG Document 751 Filed 08/23/16 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

DEBRA HATTEN-GONZALES, et al.,

Plaintiffs,
v.

Civil No. 88-0385 KG/CG

BRENT EARNEST, Secretary of the

New Mexico Human Services Department,
Defendant.

ORDER APPOINTING SPECIAL MASTER

This Court having determined that the appointment of a special master to
assist the parties and the Court in the New Mexico Human Services Department (HSD),
Income Support Divisions (ISD) implementation of the Consent Decree governing this case
is necessary, lawful, and justified, now sets forth the duties, authorities, and other requirements
of the special master below:
I.

The Special Master Shall Be Accountable to the Court

The special master will be accountable only to the Court and will not be supervised by

Plaintiffs or the HSD Secretary. The special master will be independent from Plaintiffs and HSD
and will not be an employee of the State. In the course of her or his work, the special master may
consult with Plaintiffs, the HSD Secretary, other New Mexico officials, and any consultants
hired by HSD.

II.

Duties, Term and Authority of the Receiver

The purpose of the special master is to objectively review and determine HSDs

compliance with the Consent Decree, other Court Orders, and federal law concerning the process

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for obtaining and maintaining Supplemental Nutrition Assistance Program (SNAP) and
Medicaid benefits. The special master will proceed with all reasonable diligence to determine
and facilitate HSDs compliance. The scope of work, duties, authority and terms for the special
master includes:
A.

The special master will be a subject-matter expert who has experience with SNAP

and Medicaid eligibility determination processes, including working with integrated eligibility
systems. The special master will be a full-time position.
B.

Appointment will be until January 1, 2018, at which time the special master will

report to the Court on HSDs compliance and make a recommendation for any further remedial
measures to be taken to ensure compliance, including the propriety of a receivership. The Court
will terminate the appointment of the special master at such time as the Court determines that
HSD has a system in place that brings it into compliance with the Consent Decree, all other
Court Orders in this case, and federal law concerning the process for obtaining and maintaining
SNAP and Medicaid benefits, even if this occurs within the initial appointment period.
C.

Specifically, the special master will have the duties of:

1. Utilizing her or his expertise to serve as an unbiased and objective advisor to
HSD on issues related to compliance to include the content and issuance of
policies and procedures, staff directives, training (content and delivery),
notices, application processing timeliness, and all aspects of HSDs SNAP
and Medicaid eligibility processes necessary to bring those processes into
compliance with the Consent Decree, all other Court Orders, and federal law.
2. Making recommendations for compliance to HSD. The special master will
have monitoring authority related to SNAP and Medicaid eligibility processes
within HSD sufficient to achieve compliance.
3. Reporting to the Court on or before January 1, 2018, and providing an
assessment of Defendants compliance with the Consent Decree, all other
Court Orders, and federal law. Based on that assessment, the special master
will recommend any further remedial measures to ensure compliance,
including the propriety of a receivership, if necessary.

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D.

During the course of his or her appointment, the special master will report

to the Court as follows:

1. The special master will file bi-monthly joint status reports with the Court
outlining the status of compliance with the objectives and outlining what still
needs to be done.
2. The special master will file the reports with the Court electronically with
copies to Plaintiff and HSD.
3. As requirements of the Consent Decree and other Court Orders are fully
satisfied, the special master will inform the Court of these compliance
accomplishments.
4. The special master may petition the Court for remedy if the special master
determines either HSD or Plaintiff are taking action or are refusing to take
action that is not consistent with the goals of compliance.
a. Any such motion by the special master will be briefed on an expedited
calendar (response in five days, reply in three days) and decided as
soon as convenient by the Court.
b. To the extent the special master needs legal counsel, the special master
shall retain counsel independent of the State.
5. The special master may communicate ex-parte with the Court, HSD or
Plaintiffs.
6. Plaintiffs and HSD retain all access to the Court should they disagree with any
decision of the special master or opposing party.
E.

The HSD Secretary and all other HSD employees shall cooperate fully with the

special master and assist the special master in completing her or his duties.
F.

The HSD Secretary shall ensure that the special master is provided all information

and data, access to all HSD offices and employees, access to case files, access to the ASPEN
system and all HSD contractors working on the ASPEN system, and such other access or
assistance as the special master determines may be necessary to perform the duties set forth in
this Order.
G.

The special master will regularly consult with the HSD Secretary about her or his
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work and progress in determining compliance. The special master will also work closely and
communicate and/or meet regularly with Plaintiffs counsel to discuss issues, problems, concerns
and progress. The special master will ensure that Plaintiffs counsel are supplied with up-to-date
data and other information necessary to allow them to track the status of compliance by HSD.

III.

Process for Selecting and Appointing the Special Master

A.

Plaintiffs and Defendant shall attempt to reach agreement on a person to serve as

special master in this case. Within 30 days of the entry of this Order the parties shall inform the
Court whether they have agreed on a person to serve as a special master under the terms set forth
above and, if so, submit the resume of this person and a proposed salary that is commensurate
with the persons qualifications and experience.
B.

If the parties cannot agree on a special master, within 45 days of the entry of this

Order, each party shall submit the names of three or fewer persons who they believe can fulfill
the duties of the special master set forth above and who are available to be appointed to this
position until January 1, 2018, as well as the proposed special masters resume and proposed
salary that is commensurate with the persons qualifications and experience.
C.

The Court will select a person to serve as special master and issue an Order

concerning the appointment, the special masters starting date and annual salary.
IV.

Compensation, Staff, Expenses and Payment Procedures

A. Defendant will pay the special master a reasonable salary, the amount of which to be

set by this Court at the time of the selection of the special master for the initial year of this
appointment.
A. Defendant will provide the special master and staff with office space as needed and
reasonably available.

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B. No later than 30 days of the Courts order selecting the special master, and after
conferring with the parties, the special master will submit to the Court a proposed budget for the
initial year of this appointment, including for any expenses necessary to effectively carry out the
duties of special master. The special master may consider for this proposed budget the costs
including but not limited to those associated with employing necessary consultants and technical,
administrative, clerical, support staff, and costs associated with necessary equipment, travel and
operating expenses. In preparing the proposed budget, the special master also may consider
resources Defendant will dedicate wholly or in part to the special master to effectively carry out
the duties of special master.
C. Any consultants employed by the special master will have the same access to staff,
records, persons, facilities or sites of services that the special master has and that the special
master determines is necessary, and will have the same responsibilities to protect and safeguard
confidential information.
D. Defendant will contract with consultants identified by the special master up to a
maximum amount set by this Court, during the first year of this appointment. Contracts for these
consultants will have a scope of work consistent with the responsibilities of the special master as
outlined in this Order.
E. The special master will submit a detailed monthly statement to Defendant for fees and
expenses.
F. The special master will keep a complete record of fees and expenses, which will be
made available at the Courts or the parties request for their inspection.

V.

Continuing Court Supervision

A.

At any time during the tenure of the special master either party may, on its own
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initiative or at the request of the special master, file any motions they believe are necessary
concerning implementation of the Consent Decree and this Courts other Orders.
B.

At any time during the tenure of the special master either party may file a motion

with the Court concerning the conduct or replacement of the special master.

____________________________________
UNITED STATES DISTRICT JUDGE