Judge dismisses whistle-blower case
Suit claimed spokesman was wrongly fired by former Secretary of State Herrera
Steve Terrell | The New Mexican
Posted: Thursday, April 19, 2012 - 4/20/12
Posted: Thursday, April 19, 2012 - 4/20/12
Print
Related Items
- Roundhouse Roundup: Privacy doesn't stir up legislators
- Lawmakers prepared for busy week, final push for action on issues of significance
- GOP effort to force House floor vote on license bill falls short
- Bill to ban texting and driving stuck in Senate logjam
- Senate passes bill raising statewide minimum wage on party-line vote
- Roundhouse Roundup: Martinez gets a little taste of 'extravagant' backlash
- Gifts at the Roundhouse
- Senate Majority Leader Sanchez taken to Santa Fe hospital
- Slew of measures on prostitution see widespread support
- House panel recommends bill to reduce penalties for pot users
Recent articles by Steve Terrell:
A state district judge has dismissed a whistle-blower lawsuit in which James Flores, a one-time spokesman for former Secretary of State Mary Herrera, claimed he was fired because he talked to the FBI about possible wrongdoing in the office.
Judge Sarah Singleton last month dismissed the case "with prejudice," which means Flores can't file it again. Singleton said in her order that Flores had failed to respond to a motion by Herrera to dismiss the case.
Neither Flores nor his lawyer, Rudy Martin of Española, could be reached for comment Thursday.
The complaint said Herrera fired Flores on Sept. 4, 2010, after she learned he'd talked to the FBI about what he perceived to be criminal conduct at her office. Flores and others claimed that Herrera had politicized the office, requiring employees to help with her re-election campaign. Herrera repeatedly has denied such accusations.
No charges were ever filed against Herrera.
Flores had claimed that his firing violated the state Whistleblower Protection Act, which prohibits firing employees for reporting possible wrongdoing.
Herrera has maintained that Flores -- who was an exempt employee, which means he could be fired for any reason -- was terminated for "insubordination."
In her motion for dismissal, filed in February, Herrera also claimed that the Whistleblower Protection Act was "unconstitutionally vague." Singleton in her order didn't address the law's constitutionality.
Troubles in 2010 between Herrera and Flores -- as well as other members of her staff -- spilled over into the elections that year. Herrera, a Democrat, was defeated in the general election that year by Republican Dianna Duran.
According to Flores' complaint, Herrera put him on leave in August 2010 for what Herrera said was action by Flores to include two unauthorized people on the list of people who receive news releases from the Secretary of State's Office.
Those were Santa Fe County Clerk Valerie Espinoza -- a political enemy of Herrera's -- and former state election director A.J. Salazar, who after quitting that job in early 2010, wrote a scathing letter to Herrera that was released to reporters.
Flores' lawsuit denied that Espinoza and Salazar were included on one of his media distribution lists.
A lawsuit similar to Flores', filed by former Secretary of State's Office employee Manny Vildasol, is still pending in state district court.
Contact Steve Terrell at 986-3037 or sterrell@sfnewmexican.com. Read his political blog at roundhouseroundup.com.
Judge Sarah Singleton last month dismissed the case "with prejudice," which means Flores can't file it again. Singleton said in her order that Flores had failed to respond to a motion by Herrera to dismiss the case.
Neither Flores nor his lawyer, Rudy Martin of Española, could be reached for comment Thursday.
The complaint said Herrera fired Flores on Sept. 4, 2010, after she learned he'd talked to the FBI about what he perceived to be criminal conduct at her office. Flores and others claimed that Herrera had politicized the office, requiring employees to help with her re-election campaign. Herrera repeatedly has denied such accusations.
No charges were ever filed against Herrera.
Flores had claimed that his firing violated the state Whistleblower Protection Act, which prohibits firing employees for reporting possible wrongdoing.
Herrera has maintained that Flores -- who was an exempt employee, which means he could be fired for any reason -- was terminated for "insubordination."
In her motion for dismissal, filed in February, Herrera also claimed that the Whistleblower Protection Act was "unconstitutionally vague." Singleton in her order didn't address the law's constitutionality.
Troubles in 2010 between Herrera and Flores -- as well as other members of her staff -- spilled over into the elections that year. Herrera, a Democrat, was defeated in the general election that year by Republican Dianna Duran.
According to Flores' complaint, Herrera put him on leave in August 2010 for what Herrera said was action by Flores to include two unauthorized people on the list of people who receive news releases from the Secretary of State's Office.
Those were Santa Fe County Clerk Valerie Espinoza -- a political enemy of Herrera's -- and former state election director A.J. Salazar, who after quitting that job in early 2010, wrote a scathing letter to Herrera that was released to reporters.
Flores' lawsuit denied that Espinoza and Salazar were included on one of his media distribution lists.
A lawsuit similar to Flores', filed by former Secretary of State's Office employee Manny Vildasol, is still pending in state district court.
Contact Steve Terrell at 986-3037 or sterrell@sfnewmexican.com. Read his political blog at roundhouseroundup.com.
Editor's note: Please note, the comment system has been temporarily suspended. Comments will return with the launch of our new website on March 11, 2013. Please direct questions or concerns to web editor Natalie Guillen at nguillen@sfnewmexican.com.Thank you for your patience.
