Court reverses whistleblower decision

SANTA FE — The New Mexico Court of Appeals has reversed a verdict in favor of Curry County in a Whistleblower Protection Act lawsuit brought by a former detention center administrator.

The Curry County Commission, by a 4-1 vote, fired Gerry Billy as administrator in January 2013. Billy sued, alleging he was fired in retaliation for refusing County Manager Lance Pyle’s directive to discipline a detention center employee.

In August 2016, Fifth District Judge William Shoobridge found in favor of Billy, and awarded more than $200,000 — doubling of his $87,360.13 in back pay in accordance with whistleblower act provisions and interest calculated since the day the commission voted to dismiss Billy. The court noted Billy was eligible for reinstatement to the position, but that the record included no evidence Billy desired that outcome.

The county filed an appeal the following month, and the appeals court ruled Tuesday in the county’s favor.

In his ruling, Chief Judge J. Miles Hanisee concluded the court could not locate “a single instance where plaintiff has identified any fact, testimony, evidence or exhibit ... that Pyle’s directive was, in fact, an ‘unlawful or improper act’ under the jury instructions (in the 2016 case).”

Pyle expressed relief in a Friday release from New Mexico Counties.

“Curry County is very pleased that the New Mexico Court of Appeals ruled that Mr. Billy’s termination as the County’s Detention Warden was not improper and did not constitute a violation of New Mexico laws,” Pyle said in the release. “The decision not to renew Mr. Billy’s contract was based solely on the County’s concerns regarding the operation and management of its Detention Center.”

Billy said Saturday he and his attorney, Eric Dixon, were “still reviewing” the decision and deferred questions to counsel. An attempt to contact Dixon was not immediately successful on Saturday.