DENVER—The state plans to appeal a judge’s decision that an employee was illegally fired for accusing her managers of trying to hide $5 million in accounting errors from federal auditors.
A judge with the State Personnel Board ruled this week in favor of Annmarie Maynard, a former controller at the Colorado Department of Health Care Policy and Financing. She was fired in July after talking to Denver’s KUSA-TV.
Maynard claimed she was told to change her computer files to hide Medicaid overpayments from federal auditors. She secretly taped co-workers.
Administrative Law Judge Mary McClathcey says Maynard was wrongfully fired and that the department’s executive and deputy directors violated the Whistleblower Act.
“I think it’s a good finding for me, but I do think it’s a good finding for other employees for the state of Colorado and, hopefully, this will afford some protection going into the future for them,” Maynard said.
Maynard said she was harassed at work for more than two years.
Joan Henneberry, the department’s executive director, said she will appeal the ruling.
Maynard was disciplined and demoted several times in her four years as a controller and accountant at Health Care Financing and Policy. McClathcey wrote in her decision that Maynard didn’t commit the acts, including workplace violence, for which she wad disciplined.
Henneberry and other officials will face questions at a Legislative Audit Committee hearing on Jan. 13.
“The complete vindication of Ms. Maynard and the judge’s finding that top state officials retaliated against her for exposing fraud is a victory for her and for all Coloradans,” said Rep. Frank McNulty, R-Castle Rock, an audit committee member.
The department, with a $3.5 billion budget, helps 500,000 low income children and the elderly.
Henneberry said her office is still working with state auditors to research the question of the $5 million overpayments to the federal government. Henneberry said once her department learns how much it owes, it will request funds from the Legislature to repay the money.
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Information from: KUSA-TV,
