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New Mexico Statutes Chapter 10. Public Officers and Employees § 10-16C-2. Definitions

Current as of January 01, 2024 | Updated by Findlaw Staff

As used in the Whistleblower Protection Act:

A. “good faith” means that a reasonable basis exists in fact as evidenced by the facts available to the public employee;

B. “public employee” means a person who works for or contracts with a public employer;

C. “public employer” means:

(1) any department, agency, office, institution, board, commission, committee, branch or district of state government;

(2) any political subdivision of the state, created under either general or special act, that receives or expends public money from whatever source derived;

(3) any entity or instrumentality of the state specifically provided for by law; and

(4) every office or officer of any entity listed in Paragraphs (1) through (3) of this subsection;

D. “retaliatory action” means taking any discriminatory or adverse employment action against a public employee in the terms and conditions of public employment; and

E. “unlawful or improper act” means a practice, procedure, action or failure to act on the part of a public employer that:

(1) violates a federal law, a federal regulation, a state law, a state administrative rule or a law of any political subdivision of the state;

(2) constitutes malfeasance in public office; or

(3) constitutes gross mismanagement, a waste of funds, an abuse of authority or a substantial and specific danger to the public.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 10. Public Officers and Employees § 10-16C-2. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-10-public-officers-and-employees/nm-st-sect-10-16c-2/

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