Citizen Senators in Action

Updates on Republican State Senators Legislative Action!

Friday, January 29, 2010

As Scandal upon Scandal Rock NM, Vetoed Whistle Blower Ethics Bill introduced again this session
Public employees protection vital to uncovering unethical, illegal breaches

SB 96---Whistleblower Protection Act
Sponsored by Senator Sue Wilson-Beffort

Santa Fe—Since Governor Bill Richardson vetoed a bill that would have protected public employees who uncover and reveal illegal activity, the state continued to be rocked by scandals of alleged illegal activity. The sponsor of the ethics legislation this year hopes the public has had enough of the scandals and tells the governor not to veto her whistle blower ethics bill if it passes the legislature.

Senator Sue Wilson Beffort is sponsoring SB 96- Whistleblower Protection Act, she said she sponsored a similar bill in the passed but it was vetoed by Governor Richardson.

Senator Wilson Beffort said SB 96 is to protect public employees who report illegal and unethical conduct is critical for ethics reform. She said those who retaliate would face money damages, in addition to any criminal charges they would face based on the illegal conduct that was reported.

The Whistleblower Protection Act is to encourage employees to report illegal acts they see on the job.

“The right to come forward with important information regarding unethical or illegal conduct is vital to restoring public faith in government,” Senator Wilson Beffort said.

Senator Wilson Beffort says her bill will help restore public faith in government and will likely lead to more cases of unethical and illegal behavior.

“New Mexico has experienced serious, ethical breaches in our public offices- in the State Treasurer’s Office, the APS Police Evidence Room, in the Department of Insurance. I believe other unethical breaches will be uncovered if public employees are given protection to come forward,” Senator Wilson-Beffort said.
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Senator said the bill makes illegal the blacklisting and other retaliation actions against an employee who reports illegal or unethical conduct.

Under the bill, a grievance procedure will be implemented, including a hearing with the Department of Labor’s Human Rights Commission. An employee could seek a trial in district court in lieu of a hearing with the commission.

If retaliation is proven, the court may award actual damages, punitive damages ad attorney fees.

“We need to protect employees and make them feel free to come forth with information they know about in their public offices. They will feel protected if they know there is a fair grievance in place to protect them,” Senator Wilson Beffort said..

It would be a misdemeanor, punishable by a fine up to $1,000 and up to a year in prison, for a person involved in the grievance procedure to make public any of the information from the grievance procedure.

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