GRANTS, N.M. – The Grants Cibola County School District held a special meeting on November 9, this meeting was convened to enter special session and discuss threatened or pending lawsuits. Controversy surrounded this meeting in the days leading up to it, because of a rumor that the board was going to discuss removing one of the members – an act which would be a violation of the New Mexico State Constitution because school board members are elected officials. President of the school board, Ron Ortiz, released a letter the day before the meeting where he stressed that the board is only meeting to discuss the threatened or pending lawsuit. On Nov. 9, when the board left executive session, Ortiz alerted the public that the board did discuss removing a board member, raising questions about the meeting’s compliance with the New Mexico Open Meetings Act.
The meeting
The Earl Chavez Board Room was occupied by concerned parents and members of the public about the potential of a board member being removed. After finding their seats or places on Zoom, the board began its business and voted to unanimously accept the agenda without any changes.
The approved agenda read: “I. Call to Order/Pledge of Allegiance / II. Adoption of Agenda / III. Executive Session / A. Pursuant to Section 10-15-1 (H)(7) of the Open Meetings Act the Board will meet in executive session to discuss threatened or pending litigation in which the District is or may become a participant relating to a community demand. / IV. Action Items / A. Board and Community relations as related to recent written community demand-Discussion/Action / V. Adjournment”
As is customary with executive sessions, the board had the public leave the room; the public was ushered outside of the central office building and to their vehicles, according to eyewitness accounts. The board remained in executive session for nearly three hours.
“The only thing discussed tonight is what was on the executive session. And the board discussed a joint letter from the Pueblo of Acoma and the Pueblo of Laguna which requested the removal of a board member. The board, nor the superintendent of the district have ever proposed that we remove a board member. As we all have been clear that would be outside of our authority as the board. The board also is in agreement tonight that we are taking positive steps with our stakeholder groups and a letter will be forthcoming about that,” President Ortiz said after the board left executive session and rejoined open session with the public.
The board then voted unanimously to close the meeting without taking any action.
Open Meetings Act
New Mexico Statute Authority 1978 10-15-1 I(1) reads, “Only those subjects announced or voted upon prior to closure by the policymaking body may be discussed in a closed meeting.”
Any discussion outside of what was either approved-to when entering executive session or explicitly written on the approved agenda – even if its just about the weather – is a potential violation of the OMA.
Ortiz’ letter
In a letter released from President Ortiz to the public, he asserts that the Grants/Cibola County School Board would not be discussing the removal of a board member, something Ortiz admitted to doing after the executive session ended.
The November 8 letter to the public reads,
“To the Grants Cibola County School employees, families, and residents,
“There has been a lot of misinformation floating around about the upcoming Executive Session happening [November 9] at 5:30 p.m.
“First, I want to make it very clear that the meeting is NOT to remove anyone from the board nor will that thought even be entertained. Second, even if any board wanted to do something about that, it is legally impossible.
“Not a single board member or a single staff member have suggested that a board member be removed. The closed executive session [November 9] is to discuss threatened or pending litigation in which the district is or may become a participant to a community demand. There will be no discussion or attempt to remove any board member.
“School boards work in special meetings like this from time to time to resolve issues or strategize on how to resolve problems as a full board. Demands are regularly put on school boards but I can assure you that we would never resort to an illegal demand to remove a board member.
“I hope this helps clear up some of the misinformation that is out there.”