SENATE BILL 281
50th legislature - STATE OF NEW MEXICO - second session, 2012
INTRODUCED BY
Lisa Curtis
AN ACT
RELATING TO CIVIL ACTIONS; CLARIFYING THAT THE REMEDIES PROVIDED IN THE WHISTLEBLOWER PROTECTION ACT SHALL ALWAYS BE AVAILABLE NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 10-16C-4 NMSA 1978 (being Laws 2010, Chapter 12, Section 4) is amended to read:
"10-16C-4. RIGHT TO CIVIL ACTION FOR DAMAGES--AFFIRMATIVE DEFENSES--REMEDY NOT EXCLUSIVE.--
A. A public employer that violates the provisions of the Whistleblower Protection Act shall be liable to the public employee for actual damages, reinstatement with the same seniority status that the employee would have had but for the violation, two times the amount of back pay with interest on the back pay and compensation for any special damage sustained as a result of the violation. In addition, an employer shall be required to pay the litigation costs and reasonable attorney fees of the employee. An employee may bring an action pursuant to this section in any court of competent jurisdiction.
B. It shall be an affirmative defense to a civil action brought pursuant to this section that the action taken by a public employer against a public employee was due to the employee's misconduct, the employee's poor job performance, a reduction in work force or other legitimate business purpose unrelated to conduct prohibited pursuant to the Whistleblower Protection Act and that retaliatory action was not a motivating factor.
C. Notwithstanding the provisions of any other law, the remedies provided for in the Whistleblower Protection Act are not exclusive and shall be in addition to any other remedies provided for in any other law or available under common law.
D. Nothing in the Whistleblower Protection Act precludes civil actions or criminal sanctions for libel, slander or other civil or criminal claims against a person who files a false claim under that act."
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