Whistleblower disclosures in New Mexico must benefit the public to qualify for protections under state law, according to a unanimous decision issued Thursday by the state Supreme Court.
The high court’s ruling provides legal clarity on whether a public employee who discloses alleged governmental misconduct will be covered by the New Mexico Whistleblower Protection Act against reprisals such as firing or demotions, according to a statement from the Administrative Office of the Courts. The court concluded “a public employee’s disclosure of illegality or wrongdoing qualifies for protected whistleblower status, if otherwise eligible, so long as the disclosure confers a benefit on the public.”
The ruling reverses a New Mexico Court of Appeals ruling in a case filed by a longtime Corrections Department employee who alleged he was assaulted by fellow corrections officers over his insistence on following strict protocols for keeping at least one of two “sally port” gates closed at all times.
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Lerma also alleges in his lawsuit he was demoted to the mailroom and deprived of the opportunity to earn overtime after he reported the incident, resulting in lost wages.
A state District Court dismissed Lerma’s lawsuit after the Corrections Department argued his disclosures did not constitute whistleblowing because they involved employment grievances that served his personal interest rather than benefiting the public interest, according to the Administrative Office...
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