House approves whistleblower protection bill

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 House.

House Bill 770, sponsored by Rep. Joseph Cervantes, D-Las Cruces, was approved Thursday on a vote of 66-0, and now moves to the Senate.

It’s essentially a whistleblower law 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.

Cervantes said he saw the need for such a law during the scandals involving the treasurer’s office and the regional housing authority system. Specifically, he watched as Region VII Board Member Frances Williams blew the whistle last year, without legal protection, on the problems that toppled the housing authority system.

Instead of enjoying legal protection, Williams was nearly forced off the board and was sued by the former director of the Region III authority, Vincent “Smiley” Gallegos. The defamation lawsuit was later dismissed.

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