Whistleblowers face retaliation
The whistleblowers want the legislature to change state law and provide more protections to those who report wrongdoing.
"I have nothing to gain from being here today. I could actually lose a lot more," Sgt. Andrew Matthews, told members of the Government Administration and Elections Committee. The 10-year officer went to the attorney general's office in 2004 and reported managers concealing internal affairs investigations and covering up crimes of particular state troopers.
Since that report, and a subsequent outside investigation by New York State Police, Matthews said he's been ostracized and harassed, receiving what he considers a disciplinary transfer. Union officials, he said, warned him that he's physically at risk.
"The message that is being sent here for whistleblowers is shut up and cover up," said Master Sgt. Theresa Freeman, another state police whistleblower who provided information for the New York State Police report. "No one wants to go through what Andy Matthews went through."
John Danaher, the state's public safety commissioner, said in an interview after the hearing that most of the whistleblowers who've complained about alleged retaliation have filed lawsuits or formal complaints that are still being heard. Meanwhile, Danaher has issued a policy prohibiting anyone from creating a hostile work environment in the department and said he's taking steps to change the culture within the state police.
"If anyone is truly being retaliated against, that's unacceptable and we will act accordingly. But the individuals, who, to my knowledge, who've made the claims, have done it in forums where they can seek redress," he said.
Lt. Benjamin Pagoni, a state police veteran of more than 30 years, said he's been subjected to numerous internal investigations since he stuck up for Matthews. He said supervisors are using obscure passages in manuals to go after whistleblowers.
"Since I started to work with Sgt. Matthews, my life has been hell," Pagoni said. "You can't imagine the stress the state police put on people who are whistleblowers. You can't imagine."
Some lawmakers called the troopers' testimony troubling, and promised to help the officers if they were harassed for appearing on Monday.
The union representing state troopers is backing a bill this session that would allow the attorney general or a human rights referee from the Commission on Human Rights and Opportunities to intervene if a whistleblower encounters retaliation.
"There's no teeth in the statutes to protect whistleblowers when they're retaliated against," said Steven Rief, the union president.
But Matthews said the attorney general's office has a conflict of interest by being the clearinghouse for whistleblower reports and the legal defender of state officials and agencies accused of misdeeds. He told of appearing at a hearing alone where his superiors were represented by private lawyers hired by the attorney general's office.
The office's Employee Rights Department is currently defending the state in approximately 160 employment cases in state and federal courts, as well as complaints before CHRO and the Equal Employment Opportunities Commission. According to the department's Web site, the unit can only defend the state, its agencies and officers in employment disputes.
Some speakers suggested Monday that a new, independent, inspector general office be established to handle whistleblower complaints -- not the attorney general.
"It's just an obvious conflict," Freeman said. "It shouldn't be there."
In a written statement, Attorney General Richard Blumenthal said there are "stringent rules that strictly separate the attorneys and counsel to the agencies, assuring that state officials and whistleblowers are vigorously, fairly and independently represented."
"If any appearance of a conflict arises, my office can -- and sometimes does -- retain outside counsel to represent state officials or agencies. We have done so in some cases concerning the state police whistleblowers," he said. "I will not hesitate to exercise that option -- when necessary and appropriate -- of the legislature grants my office the power to protect whistleblowers from retaliation."
Blumenthal supports the bill before the GAE committee. But he told reporters he did not rule out an inspector general.
"If an inspector general is viable and cost effective, I certainly wouldn't oppose it per se," he said. "I'm willing to consider whatever makes sense to make sure whistleblowers are protected and their complaints vindicated when they have merit."
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