The state Children, Youth and Families Department has agreed to pay $340,000 to settle a whistleblower lawsuit filed in 2020 by two former employees who said they faced retaliation and were forced out after pushing back on the agency's handling of a high-profile case involving four children.
"We're pleased with the settlement," Benjamin Gubernick, attorney for plaintiffs Ivy Woodward and Kelly Mazy, wrote in an email Monday. "It was a difficult process for our clients, but they do not regret speaking up about the misconduct they observed. They were forced to choose between doing the right thing and keeping their jobs, which should never happen to a state employee. But this settlement illustrates that New Mexico's strong whistleblower protection laws provide a third option."
A CYFD spokesperson noted the embattled agency made no admission of wrongdoing in the settlement.
"Settling a case is often done for many reasons and under these settlements, there are no admissions made," CYFD spokesperson Charlie Moore-Pabst wrote in an email Monday. "While CYFD felt confident in its defense, if the state were to be found liable for even one dollar at trial, the state could be responsible for paying all attorneys’ fees throughout the trial."
The state spent about $103,000 fighting the case in court before agreeing to the settlement, according to the General Services Department.
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