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Secretary of State Mary Herrera.

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Secretary of state denies wrongdoing

Whistleblowers contacted FBI, law'yer says

Updated: Thursday, 26 Aug 2010, 4:20 PM MDT
Published : Thursday, 26 Aug 2010, 4:20 PM MDT

SANTA FE, N.M. (AP) - Current and former employees of Secretary of State Mary Herrera have talked with the FBI about allegations of wrongdoing in the office, their lawyer said Thursday.

Former elections bureau director A.J. Salazar and two employees who have been placed on administrative leave by Herrera went to the FBI as whistleblowers, said Rudy Martin, an attorney in Espanola.

They were interviewed by federal agents about allegations ranging from possible kickbacks on contracts to office employees campaigning for Herrera on state time, he said.

Herrera said the allegations were "blatantly false and ridiculous" and politically motivated.

However, she refused further comment after reading a brief statement and walked away Thursday as reporters asked questions at a news conference, which Herrera had called to announce voter information mailings for the general election.

Deputy Secretary of State Don Francisco Trujillo also declined comment.

Frank Fisher, an FBI spokesman in Albuquerque, said the agency doesn't publicly discuss investigations.

James Flores, a former police officer who serves as the public information officer for the secretary of state, and Manny Vildasol, the office administrator, have been placed on administrative leave with pay. Herrera said at the news conference she wasn't involved in their personnel investigations.

Martin said both workers were placed on leave as retaliation for speaking to the FBI about problems in the office. He sent a letter Wednesday to the secretary of state warning of a possible lawsuit if there was further retaliation against his clients.

As you are aware, both gentlemen have a duty to report what they perceive as criminal actions or conduct and not to conclude that the reported matters are in fact criminal," Martin wrote.

Salazar resigned in February, alleging Herrera had violated the state Governmental Conduct Act by having employees solicit "sponsorships or donations" from businesses that contract with the state to support elections training seminars.

Salazar also said Herrera had ordered appointive employees to gather signatures for nominating petitions required to file for re-election.

Martin said Salazar provided evidence, including possible witnesses and telephone numbers, to investigators for Attorney General Gary King about five months ago. When nothing happened, Salazar went to the FBI and was interviewed last week about his concerns, Martin said.

King "basically swept it under the carpet" to avoid hurting Democrats, such as Herrera, who are running for election in November, Martin said.
A spokesman for King didn't immediately return telephone and e-mail messages seeking comment.

Martin said he is a Democrat and shares office space with Salazar, a lawyer. Martin said he and Salazar consult each other on legal matters but Salazar "basically has his own practice."

Flores talked to the FBI last week, Martin said. Vildasol met with federal authorities around three weeks ago, including on what Martin described as a "cover-up" about allegations that pornography had been found on Herrera's state-issued computer.

Herrera said last week her laptop and others in the office had been infected with a virus that places links to pornographic websites into a computer.

Martin also said his clients have told him Herrera spends little time in her Santa Fe office.

"Mary has no concept as to what goes on in that office because she's never there. All she wants to do is basically campaign around the state of New Mexico ... and pretend like she is really working for the people of New Mexico," said Martin.


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