Pecos Independent School District

Transcription

1 Pecos Independent School District North Hwy 63, P.O. Box 368 Pecos, NM Phone: Fax: School Board Lawrence Vigil, President Eileen Griego-Vigil, Vice-President Michael Flores Sr., Secretary Eddie Roy Duran, Member Patrick Sandoval, Member Administration Fred Trujillo, Superintendent Brenda Gallegos, Director of Finance Emily Ortiz, Federal Programs Director BOARD OF EDUCATION OF THE PECOS INDEPENDENT SCHOOL DISTRICT RESOLUTION This Resolution was adopted by the Board of Education of the Pecos Independent School District at its Work Session meeting of the Board of Education of April 11th, WHEREAS, the Board of Education is committed to the highest degree of professional conduct and ethics by its Board members; and WHEREAS, the Board of Education is aware of the division of responsibilities and duties of the School Board, School Board members and the Superintendent in the performance of their required functions to supervise and manage the District; and WHEREAS, the Board has arranged and conducted training to assure that all Board members understand and limit their activities to the proper roles set out in state law and regulation; and WHEREAS, the Board of Education has assigned several of its members to serve on subcommittees to assist the Superintendent and Administration in preparing the annual budget for Fiscal Year ; and

2 WHEREAS, Board member Eddie Roy Duran has been assigned and has agreed to serve on the subcommittee responsible for developing the transportation and cafeteria budget; and WHEREAS, School Board member Eddie Roy Duran has used the opportunity to participate in budget preparation as a member of a budget subcommittee to intervene in administrative functions or with school employees as to personnel issues in inappropriate ways, including: 1. questioning school employees and the Superintendent as to rumors that a particular employee had viewed pornography on a school computer, and persistently pursuing such inquires (thereby perpetuating the rumor) after being told that the rumor had been investigated and found to be false; 2. intervening in the relationship between a school employee and the Superintendent, and directly advocating and negotiating for a salary adjustment for the employee which would exceed the District salary schedules; 3. pursuing an investigation of the conduct of a particular school employee after being told that the Administration had concluded its own investigation and disciplined the employee for misuse of school property; and 4. while, on the one hand, advocating for a higher salary for an employee whom he favors, on the other hand, targeting and challenging the salaries paid to other employees whom he does not favor (including the Superintendent's wife) under the guise of cutting the budget or saving the District money; and

3 WHEREAS, the conduct of Board member Eddie Roy Duran exceeds proper roles and duties of a local school board member and is disruptive to the Board of Education and the School District in the following ways: 1. Mr. Duran's conduct attempts to intrude upon the authority of the Superintendent to manage and implement the personnel system, as mandated by statute, I\JMSA 1978 Section B(3) and to establish a consistent salary system, under Section Mr. Duran's effort to advocate or negotiate contract terms, salary and other employment benefits for a particular school employee constitutes micromanagement, undercuts the Superintendent's authority to operate and mange the School District and gives the false impression that a single school board member can influence the personnel system or an individual employee's contract salary or benefits. 3. Mr. Duran's efforts to investigate perceived employee misconduct after being told that the issues had been investigated administratively impairs the ability of the Administration to manage the personnel function and promotes fear of retaliation by individuals targeted by Mr. Duran for his personal inquiries. 4. Mr. Duran's conduct in advocating for employees who are his friends or political allies and targeting employees who are not in his favor under the guise of his activities in developing the annual budget far exceed his assignment to assist with the transportation and cafeteria budget, and smacks of the "political patronage" system which caused the New Mexico Legislature to remove any power of the local school board over personnel decision when it enacted House Bill 212 ten years ago; and

4 WHEREAS, a majority of the School Board believes that a public censure of Mr. Duran is necessary in order to emphasize the Board's desire for professional and ethical conduct at all times. NOW THEREFORE the Board of Education of the Pecos Independent School District hereby PUBLICLY CENSURES School Board member Eddie Roy Duran for inappropriate and unethical conduct beyond the proper scope of a local school board member. 2. The Board of Education further directs that Mr. Duran be removed from the budget subcommittee and that the performance of his official Board functions and duties be limited and restricted to those permitted by law and those designated at School Board meetings, unless otherwise designated and authorized by the School Board. 3. The Board of Education of the Pecos Independent School District further requests the resignation of Eddie Roy Duran from the School Board. APPROVED by majority vote of the Board of Education of the Pecos Independent School District as follows: Members voting in favor of the Resolution: Lawrence Vigil Members voting against the Resolution: Eddie Roy Duran Eileen Griego-Vigil Michael Flores Sr. Patrick Sandoval

5 Members abstaining: BOARD OF EDUCATION OF THE PECOS INDEPENDENT SCHOOL DI RICT BY:-f--.~~:I-'A-""""'-""Tf---'.L-:><:7--="'\---- LAWRENCE VI L, Its P esident and authorized representative 'till Date In Attest: By Board secretary~ ri!..-f~~ Date: April 11, 2013