A bill that would give citizens, including government employees, protection and incentive to expose government officials and contractors who defraud taxpayers has been unanimously approved by the Senate.
House Bill 770, sponsored by Rep. Joseph Cervantes, D-Las Cruces, was approved Friday on a vote of 34-0, and now awaits the governor’s signature. It had been previously approved by the House on a vote of 66-0.
Though it’s not officially part of the ethics reform package that has been moving through the Legislature, the bill would protect people like Frances Williams, a member of the former Region VII Housing Authority Board who first blew the whistle on the problems that eventually toppled the entire state system last year.
After going to the governor’s office and then, when she received little response, to the media, Williams was nearly forced off the board by her peers and was sued by the former director of the Region III authority, Vincent “Smiley” Gallegos. The defamation lawsuit was later dismissed.
Cervantes’ bill is essentially a whistleblower act that protects those who opt to sue the state in an attempt to expose government corruption. Such a lawsuit, when filed, would remain sealed and would be presented to the state agency with authority to prosecute or file civil suit – the attorney general or district attorney, in most instances.
Under the provisions in the bill, the agency could prosecute or sue, and the citizen would be compensated.
If the state agency opted against taking action, the citizen could proceed with his or her lawsuit, and could personally receive between 15 and 30 percent of the damages awarded at the conclusion of the suit, if he or she wins the case.
The bill also protects such individuals from retaliation.