Efforts by one Colorado department to silence a whistleblower — and hide $8 million from federal auditors — raise serious questions that ought to be swiftly addressed by Gov. Bill Ritter.
We’re baffled by his decision to support the Colorado Department of Health Care Policy and Financing in its actions. We hope he’ll reverse course.
In early December, a ruling by the State Personnel Board found that HCPF accountant Annmarie Maynard was wrongly fired after she blew the whistle on a attempt by the sprawling department to hide as much as $8 million it accidentally over-collected from the federal government, according to reports by 9News reporter Deborah Sherman.
HCPF, with a budget of $3.5 billion, administers taxpayer funds to recipients of Medicaid and low-income children.
The personnel board’s law judge ruled that Ritter should consider disciplining executive director Joan Henneberry — a Ritter appointee — and deputy director Jennifer Evans for violating the Whistleblower Act.
Instead, Ritter is appealing the ruling.
Last week, another ruling, this one by the state Department of Labor and Employment, also found that Maynard was wrongly fired. The labor department’s hearing officer referred the case to the Office of the Inspector General and the Attorney General’s office for possible criminal investigation.
Ritter is appealing that ruling, too.
Meanwhile, Henneberry’s startling response has been to issue a new policy at the 250-employee HCPF that forbids making secret recordings in its offices. (Maynard recorded an office meeting.) The policy breathtakingly contradicts both state law and the spirit of the Whistleblower Act.
Ritter, amazingly, supports the policy.
“Many red flags go up here,” Stephen Kohn, president of the National Whistleblowers Center, tells us. “Any rule that restricts [taping] does great harm.”
While we await the outcome of the appeals process, which could conceivably alter our opinion of the case, we feel certain that backing Henneberry’s new policy is wrong. Federal case law has made it clear that secret recordings made in states that allow them, such as Colorado, are protected in whistleblower actions.
In this case, Maynard secretly recorded a meeting which provided evidence that HCPF’s handling of the over-collected $8 million was less than above board.
“The hearing officer listened to the tape made . . . and as a result, finds the employer’s testimony so wholly incredible as to constitute perjury,” the Labor Department ruling states.
Ritter’s office argues that the policy is meant to protect the department’s clients. That reasoning is flawed, as making a recording does nothing to jeopardize confidentiality; only the posting of the tape outside the office would do so.
HCPF presented its case in two sets of legal hearings and failed to persuade. Its new policy exhibits a fear of transparency rather than a concern about wrongly collecting taxpayer money.
Ritter needs to show better judgment when his appointees do not.
