‘Punsmr, HANSON & MULLINS, P.A. Awronnays AND Couwanrons am LAW AupuaumRauR, New MExico 87128-6245 October 21, 2014 US Man an E-mAut (anal s.edu) Dr. Analee Maestas President, Board of Education Albuquerque Public Schools Post Office Box 25704 Albuquerque, NM_ 87125-0704 Re: Notice of Open Meetings Act Violation ‘Dear Ms. Maestas: On behalf of the Albuquerque Journal, we write to provide APS and the Board of Education with notice of a violation of the New Mexico Open Meetings Act (“the Act”). On August 7, 2014, Rigo Chavez, APS Director of Communications, released a statement entitled “Statement from Albuquerque Public Schools Board of Education President Dr, Analee ‘Mnestas” (“the Maestas Statement”) relating to events that would eventually lead to the end of ‘Winston Brooks’ employment as Superintendent of APS. The Maestas Statement stated as follows: felt that in the best interest of the schoo! district, we had a duty to get to the bottom. of the matter. I made the decision as Board President to contract with Agnes Padilla, avery reputable third-party attorney, I did so only after conferring with the board’s legal counsel to address the concems raised during our executive session, Prior to contacting Ms. Padilla, [called each board member and advised them of the course of action I was taking. The same statement was read to each board member. Bach board member was contacted by 10:30 a.m. the same morning and consented to this course of action. Given that this is a personnel matter concerning Mr, Brooks, it was reasonable to pursue this course of action with consent of each board member, Tthen met with Me, Brooks, later that moming, and read the exact same statement I had given to board members, ‘The supetintendent asked for a copy, which I providedDr. Analee Maestas October 21, 2014 Page 2 to him, 1 assured him he would be given the opportunity to be interviewed by the attorney about the areas of concern, ‘These actions by the Board constitute a clear violation of the Open Meetings Act, The Act requires as follows: ‘The formation of public potiey or the conduct of business by vote shall not be conducted in closed meeting. All mectings of any public body except the legislature and the courts shall be public meetings, and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings. ‘NMSA 1978, § 10-15-1(A) (emphasis added). ‘The Act also requires as follows: All meetings of a quorum of members of any board, commission, administrative adjudicatory body or other policymaking body of any state agency or any agency or authority of any county, municipality, district or political subdivision, held for the purpose of formulating public policy, including the development of personnel policy, rules, regulations or ordinances, discussing public business or taking any action within the authority of or the delegated authority of any board, ‘commission or other policymaking body are declared to be public meetings open to the public af all times, except as otherwise provided in the constitution of New Mexico or the Open Meetings Act. No public meeting once convened that is otherwise required to be open pursuant to the Open Meetings Act shall be closed or dissolved into small groups or committees for the purpose of permitting the closing of the meeting. NMSA 1978 § 10-15-1(B) (emphasis added). OMA also requires that public meetings shall be held only after reasonable notice to the public (Section 10-15-1(D)); that atleast 72 hours prior to the ‘meeting, an agenda containing a list of specific items of business to be discussed or transacted at the ‘meeting shall be available to the public; (Section 10-15-1(@)); and that the Board shall provide ‘written minutes of each meeting (NMSA § 10-15-1(F)). According to the Maestas Statement, you 1) had a discussion with each board member and advised them of the course of action you were taking; 2) read the identical statement to each board ‘member; 3) and obtained each member's consent. Each of these actions constituted a mecting of a quorum of the Board's members, either for the purpose of formulating public policy, discussing public business or taking any action within the authority of the board. Although not all board ‘members were physically present at the same location at the same time, the contact of each member by you in a short petiod of time to discuss a particular Board issue constitutes a “rolling quorum” of metnbers of the Board, and thus was a meeting as defined by the Act, Because the meeting was a public meeting, the Board was required to comply with all of Section 10-15-1 of the Act, including the requirements for notice to the public of the meeting; issuance of an agenda; allowance of theDr. Analee Maestas October 21, 2014 Page 3 ‘public to attend; and creation of minutes. The Board met none of these requirements, and thus violated the Act, If you have any questions, please contact me at your convenience, Very truly yours, PEIFER, HANSON & MULLINS, P.A. Charles R, Peifer CRP/ned cc: Art Melendres, Modrall Law Firm (via US Mail & Email —amelendres@modrall.com)