Whistleblower sues PRC

SANTA FE (KRQE) - The New Mexico Whistleblower Protection Act has only been on the books since May 19, but already the Public Regulation Commission has two lawsuits.

On June 14, the first suit seeking monetary and punitive damages was filed for Aaron Feliciano. In August of 2009, Feliciano was fired from his job as compliance director by Insurance Division Superintendent Morris Chavez and Chief of Staff Daniel Mayfield. Neither men work for the Public Regulation Commission anymore.

“Our client contends that they were the ones that pulled the trigger on terminating him for doing his job,” attorney Bryan Davis said.

This is the first whistleblower case the PRC is facing where the plaintiff wants his or her job back.

“That’s one of the remedies of the Whistleblower Protection Act gives public employees. They can get their job back at the same rate of pay, same status if they prevail,” Davis said.

The act also allows the government employee to get double their back-pay.

Court documents say Feliciano feels he was terminated because he wouldn’t hire a friend of Chavez and he wrote a letter to Attorney General Gary King saying the Insurance Division wasn’t doing its job protecting New Mexicans from “predatory practices and unscrupulous insurance companies.”

“He brought these things to the PRC’s attention on numerous occasions, to Mr. Chavez’s attention on numerous occasions, nobody would listen to him,” Davis said.

Feliciano wrote the email on August 26, 2009, he was fired two days later. Davis says this is a perfect example of why the act was written.

“It’s designed to keep politicians honest and doing their job for the public and it allows public employees to not be afraid to speak out against corruption,” Davis said.

The act is retroactive up to two years. Davis said he tried to resolve the issue with the PRC before the lawsuit was filed. The case was filed in Santa Fe District Court. No court date has been set.