[ad_1]
LOS LUNAS – The New Mexico Department of Public Education’s two-day hearing for the five suspended Los Lunas education council members ended on Tuesday, August 24, after council members and their representation were able to call six witnesses – including all suspended council members – to testify under oath.
On May 26, the entire five-member board of directors – Bryan Smith, Eloy Giron, Frank Otero, Steven Otero and David Vickers – was suspended by former DEP secretary Ryan Stewart due to “credible evidence that some board members have consistently violated public procurement and public access laws, the state’s public school code, and professional ethical standards.
Although only “some board members” have been accused of breaking state law, the public education department can only suspend all or none of the board members.
The NMPED has appointed John Ziegler, an attorney for Woodcock & Ziegler, PC, as an independent hearing officer to oversee the proceedings.
Within two business days of the conclusion of the hearing, Ziegler will submit its “findings of fact” from the evidence presented at the hearing to NMPED Sec. Kurt Steinhaus, who was appointed to the post by Governor Michelle Lujan Grisham on July 29.
Steinhaus has five business days after the hearing concludes to “make permanent, withdraw or modify” the Los Lunas School Board’s suspension order, as set out in the New Mexico Administrative Code.
The council has the ability to appeal any decision made by the NMPED and the Education Secretary to the 13th District Judicial Court.
The first two witnesses called Tuesday by Smith and Giron’s legal representative, Joseph Goldberg, were Smith and Giron themselves.
Both have denied nearly all of the allegations against them, including intimidation of district employees and all other charges by PED that resulted in the suspension.
During the hearing, Giron expressed regret for a statement he made to a district employee at a school board meeting, which resulted in a complaint being filed against him with the district.
According to Giron, at a school board meeting in December, he used the word “bunny costume” to describe the PPE that was to be used by students who might have needed to use the school for a in-person special education program, despite closures in place during this time.
“I felt I had to defend this lady,” he said during his testimony. “I said something and it went wrong.”
Frank Otero was also called to the bar by the legal representative of Giron and Smith, where he also denied any wrongdoing on his part.
Otero, Giron and Smith all argued that the board was “more active, more vocal and (more) questioning about financial spending,” which brought grief to former Superintendent Dana Sanders of her cabinet. and some district employees.
“I have strived in my life to do what is right and right… I take great pride in my integrity,” Smith said during his testimony. “I work to be the best and I push others to do the same.”
Vickers called himself and only himself to testify on his behalf, where he went through the charges against the board by PED line by line, unofficially correcting the language to exclude himself from the allegations.
He also provided examples of his resistance to the alleged behavior of the board leading to the suspension of the five members.
“I have certainly taken action at open board meetings,” said Vickers. “I did not file a complaint … but I expressed my objections and these are reflected in the minutes of the meeting.”
While he acknowledged that other board members strongly questioned many expenses in the school district, he said their actions bordered on micromanagement and were not entirely the responsibility of the school board.
“Challenging every little thing was intimidating, micromanaging and quite honestly a waste of time,” he said.
Steven Otero was also called to testify on his own behalf, standing by his actions as the right way forward for the good of the district.
Both Seven Otero and Vickers filed Tuesday to run for their school board seats – Districts 5 and 3 respectively – which were regularly scheduled to appear on the ballot in November.
The witness who testified in addition to the five suspended board members was Michael Griego, serving as character witness for Giron and Smith.
He was quickly fired by the hearing officer after determining that Griego’s testimony did not add new information to the case.
The hearing officer also denied the testimony of a second character witness for Giron and Smith.
The first day of the hearing took place on Wednesday, July 28, with only four witnesses called by the NMPED representation, although it is an all-day case.
Walt Gibson, former superintendent of Los Lunas schools and acting superintendent under suspended board, Steve Moore, with Organic Technologies LLC; Claire Ciermans, financial director of LLS; and Andy Garcia, LLS Construction and Maintenance Manager, were the four witnesses called by PED out of the 14 potential witnesses listed.
Gibson spoke about his experience with the board as acting superintendent after the board placed Superintendent Dana Sanders on administrative leave.
Moore, owner of Organic Technologies, under contract with Los Lunas Schools who run the athletic fields, spoke of a previous meeting he had with Steven Otero while Otero was the school district’s facilities director. by Moriarty.
Ciermans spoke about her personal experience with the board and a complaint she filed with the superintendent in March 2021 citing further fear, threats and retaliation.
Garcia was asked about Steven Otero’s alleged retaliation against the maintenance department after the district passed him off as a potential employee in 2018.
NMPED and Sec. Steinhaus is expected to have a decision on the suspension by Tuesday, August 31, according to state law.
[ad_2]
Source link