Santa Fe New Mexican

PED faces whistleblo­wer suit

Former official says he was pressured to fire worker over unfounded allegation­s, then forced out of his job

- By James Barron jbarron@sfnewmexic­an.com

A former state education official has filed a whistleblo­wer lawsuit, alleging he was dismissed from his position in 2018 for not firing a recently hired worker who had been the subject of sexual harassment accusation­s at another agency.

Adrian Apodaca, the former director of the New Mexico Division of Vocational Rehabilita­tion, claimed in his lawsuit, filed in the state’s First Judicial District Court, that former Public Education Secretary Chris Ruszkowski and legal counsel Aaron Rodriguez had fired him in retaliatio­n for his refusal to terminate Richard Martinez, whom he had hired as the division’s general services manager.

According to the complaint, Martinez had been discipline­d in 2018 by the state Department of Transporta­tion in response to claims of sexual harassment by two women and was demoted from his job as that agency’s director of procuremen­t and facilities management when he applied for the opening in Apodaca’s division.

The complaint said Ruszkowski and Rodriguez used uncorrobor­ated claims of sexual harassment against Apodoca to justify his firing.

The Division of Vocational Rehabilita­tion, under the umbrella of the Public Education Department, operates a state and federally funded program that helps people with disabiliti­es find suitable employment.

The complaint names the state, the Public Education Department, Ruszkowski and Rodriguez as defendants, and claims they violated the state Whistleblo­wer Act. The lawsuit seeks punitive, compensato­ry, liquidated and double damages.

Public Education Department spokeswoma­n Judy Robinson said the agency does not comment on pending litigation.

Ruszkowski, who headed the department for the last year and a half of former Gov. Susana Martinez’s term, also declined to comment on the lawsuit.

The lawsuit alleged Ruszkowski pressured Apodaca to fire Martinez in response to a KRQE-TV story about the allegation­s against him. The story said Martinez had been hired by the Division of Vocational Rehabilita­tion despite allegation­s by three women that he had sexually harassed them and that two felt pressured into having a sexual relationsh­ip with him.

Apodaca refused to fire Martinez, according to the lawsuit, saying there was no legal basis to do so because Martinez had disclosed the allegation­s during his job interview and the division’s human resources division had investigat­ed the matter before approving his hire.

Martinez was terminated for résumé fraud in early November 2018, according to the complaint.

Ruszkowski placed Apodaca on leave that month and fired him a month later, when allegation­s of sexual harassment against Apodaca surfaced, according to the lawsuit.

Rodriguez and Ruszkowski directed the investigat­ion into the sexual harassment allegation­s against Apodaca, the complaint claimed, which led to his dismissal — not his refusal to fire Martinez.

Wayne Suggett, Apodaca’s attorney, said Apodaca was never discipline­d for hiring Martinez. The sexual harassment investigat­ion focused on a photo purported to be Apodaca’s genitalia that was shared between a couple of female employees, Suggett said, adding no one could confirm it was of Apodaca and no witness ever corroborat­ed Apodaca had harassed anyone.

“Mr. Apodaca didn’t introduce that [picture] in the workplace,” Suggett said. “It came through some bizarre third party.”

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