By Lynn Janes

The Cobre Consolidated School Board held a regular meeting on January 13, 2025. Board members in attendance included Gabriella Begay, Gilbert Guadiana, David Terrazas and Emmarie Heredia. Superintendent Michael Koury also attended. Angelina Hardin did not attend.

The board approved the agenda with the exception of tabling the executive session to do an evaluation on the superintendent. Begay said she apologized because she had not sent out the new evaluation form. Guadiana said they should be using the last evaluation form because it had been in the policies. "It is a procedure and a regulation."

At the board retreat Begay said they had all agreed to the new evaluation form. The new form would more align with the strategic plan for the district. "We were all in attendance at the meeting and agreed."

Guadiana said, "Not in the sense we have a policy in place and the policy in place has a much better evaluation than the new one. We didn't actually approve an evaluation. We agreed it should mirror the strategic plan."

To change the policy would require public hearings and it had not taken place, he continued.  Also, a first and second reading had not been done. If the board had agreed to the change, it should have resulted in the steps to change the policy.

Begay said they would table it and send out the form and the current policies. She would also put in for a first reading of the new evaluation. Guadiana said he didn't see the value in the new one because it did not provide an ability for a narrative. It only had a high, low, medium response for everything. Begay pointed out it did have an area to provide a narrative. Each section had a place for additional comments. Guadiana said he would check again.

Public input

Begay read the lengthy rules for providing public input and it allotted the person five minutes to speak, and they could not make any personal attacks on board members, staff, personnel or anyone else in attendance. Presenters are cautioned the statements or representations of others that they convey in an unjust unfavorable impression may subject the presenter to civil action for defamation.

Steve Armendariz came to speak on two points of concern. He had read the agenda for the meeting. The first had to do with the item to censure Guadiana for violation of a policy. "My first thought was 'what has Gilbert done now?'" It seemed another way to put a bad light on Guadiana. Everything he had read in the newspaper seemed to be put in that light without the full knowledge of events.

Armendariz cited a letter written to the editor by Begay concerning the recent issues at Western New Mexico University (WNMU). It had appeared in the Silver City Daily Press on January 7, 2025. He read from the letter that called on the board of regents to all step down immediately. It went on to read the letter saying they needed to replace them with leadership that will prioritize the future of WNMU and hold those responsible accountable for the corruption that had damaged the university. The letter went on to say it would be time to end the corruption, bullying and misappropriation of funds. The letter called for an end to the harmful status quo that had been held at WNMU for too long. "In my opinion you opened the pandora's box." It seemed to him there had been a concerted effort to delay the audit. Armendariz said she had accused the board of regents but had not looked back to herself. He had been on the audit committee for two years and they seem to still be at square one after two years.

Armendariz had asked to speak to Begay at the last meeting and the only thing he had obtained out of the conversation had been Begay wished it would all go away. "I am concerned about the kids and people here now. My kids and grandkids have all finished here but I am sad we cannot move forward on what needs to be done to address their needs." Currently Cobre schools has four audits not done and filed. "Everything just keeps being kicked down the road and we continue to not have the information needed and I don't understand why. It is just math." He had hesitated on coming to speak but knew when someone sees something wrong, they need to speak out. "If you are not part of the solution, you are part of the problem."

Armendariz pointed out they needed a change as Begay had requested of WNMU. "We are not moving forward."

The board approved Angelica Trujillo to be on the audit committee. Begay read her letter of interest. She had always been a resident of Grant County and has two children in the Cobre school district. She currently works with one of the top Certified Public Accountant (CPA) firms, Carr, Riggs and Ingram as a senior supervisor. They do mainly government jobs and specialize in school districts.

Administration, principal and directors reports:

Norma Ramirez, coordinator of human resources, said in the last presentation Guadiana had asked what percent of the teachers that left the district and those that stayed. He had also asked that an exit interview be done. This year they had lost 10 teachers and that would be 13 percent, 67 teachers stayed and that would be 87 percent. Of the ten open positions, six have been filled and four remain. She went over the exit interview questions.

Guadiana asked if they still had a problem with special education and what the board could do. They don't have applicants for some of the positions. They do have two applicants under review currently.

He asked her what she would be doing with the data from the exit interviews. She and Koury would be reviewing them and then adding to their personnel file. Guadiana wanted to know if the board could review in closed session. Because it has to do with personnel Ramirez said they would be unable to share. Koury said he would reach out to legal counsel on the matter. Begay suggested maybe the questionnaire should be on google docs instead of the current word doc.

Guadiana suggested they attend job fairs to find applicants and Ramirez said they had and had not been successful.

Shay Biebelle, San Lorenzo principal, had not been able to attend but will present at the next board meeting.

Roxanne Ogas, Central Elementary principal, said, "It is an honor to stand before you and I will be highlighting the incredible progress and dedication that defines our school community." Ogas went on to say that each individual plays a vital role. She had remarkable stories and results to share about the teachers and staff and listed all and what they had done. She went over all the testing data and increases they had made. The school had improved attendance, and she attributed it to the discipline matrix they had implemented.

Wendy Tow, Bayard Elementary principal, recognized the board for board appreciation month and presented them with a basket of goodies. They had changed their time for focusing on math, reading and intervention. For items the students had not done well the week before they have been allotting 45 minutes for intervention on those items. The discipline had improved greatly. The school had only had a few issues. She attributed that to having the teachers fill out a form and look at when and what could be causing the problems with the student and if they could see a pattern. She gave examples of them maybe being hungry or incidents only happening before a certain class. It has made them more able to deal with behavioral problems. She continued with presenting the highlights and testing data for the school.

Finance committee report

Begay said they talked at length about adopting a charter for the finance committee and all agreed not to adopt one. However, they did acknowledge the need for improvement, especially around the school budget. They all felt the finance committee had been doing a better job than in the past. They had also gone over the first quarter finance report and bills.

Audit committee report

Guadiana said they had met and had a lot of discussion on the proposed changes. He said he had confusion over the finance committee doing a charter now. Begay broke in and said they had decided not to and to just follow the state statues. Guadiana said that legal council had made recommendations for policies for finance and audit committees. He reminded them he had provided them at the last meeting based on those recommendations. "I am confused if you are going the charter route of policy." Begay said they will be staying in line with the state statues. Terrazas said the finance committee had decided, "If it is not broken, why fix it. They are happy where the finance committee is headed and what they are doing." Frank Ryan, finance director, affirmed Terrazas's comment. Everything had been working well, and they would follow state statutes.

Guadiana said the initial work the audit committee had been doing has been heavily scrutinized. They wanted to go beyond the state statues and have added assessment, documentation and recommendations for improving financial controls consistent with many other school boards. State statues have not been all encompassing and wanted to detail what they would be doing to increase controls and accountability of monies received.

They agreed to go forward on changing the policies and did the first reading. Guadiana started by reading the state statues for school boards and the requirement for an audit committee. He went over the required membership. He continued with what legal council had recommended and that they would be adding another volunteer. The superintendent and business manager will serve as ex officio members by the virtue of their office. All language had come from legal counsel. Guadiana went over all the duties and powers of the members of the committee. Agenda for the committee would be prepared by the committee.

Begay said they needed to do the first reading, a second reading and have public input. At that time, they could move forward with the changes.

Guadiana said he anticipated the 2021 – 2022 audit to be done by the end of December 2024 but it had to be moved to the end of January 2025. They had not had any success in finding an outside contractor to help speed up the process. He still felt they would be caught up by the end of the year. In reference to the special audit, they have been trying to contact three past board members. Only one had been willing to help and one had responded that they had no responsibility.

Action items

The board approved the minutes from December 9, 2024, board meeting.

The board approved the bills. Begay said they had come through finance and had been approved. Terrazas said George Esqueda, finance committee, had been a great help and has been very much appreciated.

The board approved a budget decrease, budget transfers and the first quarter financial report after Ryan explained each one.

The board approved the collective bargaining agreement after a lot of discussion. Begay said Aaron Lewis, president of the teacher's union, had spoken to them at the last meeting. She asked Koury if he had any thoughts. Koury said he had been extremely proud of the team work on it, and it had been a very long go of negotiations. As Lewis had said he had been confident of the document. Koury said he would also be and recommended the approval of the agreement.

Guadiana wanted to know how many times they had met in the last year. Koury said he had heard he had questions about that and felt he had not been involved. He provided the minutes for each meeting to Guadiana. They had two meetings and sent out invitations of which Guadiana had attended one of them as shown on the minutes. Guadiana continued that the board had not had a briefing of these meetings and had not anticipated the contract coming and that had caused concern. The board had only received the contract three days before the meeting. Guadiana added they should have had a presentation prior, and it would have made acceptance easier. "We have been left out of the loop so there was not guidance by the board."

Koury said he had provided them with many updates and at any time they had been welcome to ask questions. Guadiana continued with the meetings. Koury said they had not had an agreement now for years and hoped they approved this one.

The board approved the athletic handbook with the changes discussed. Guadiana pointed out some typos of which Koury acknowledged and said he would have changed.

Board reorganization

The first of each year the board reorganizes through voting. At this meeting they had four present and didn't have the fifth board member to break ties. Begay called legal counsel, so some things had to be tabled until the next meeting when they had five present.

Begay had been nominated for president by Heredia and Guadiana nominated himself. Three voted for Begay and Guadiana voted no. Begay would remain president of the board.

Guadiana and Heredia had nominations for vice president. Guadiana and Terrazas voted for Guadiana and Heredia and Begay voted for Heredia. They had a tie. This will have to be voted for at the next meeting.

Terrazas had been nominated as secretary by Guadiana and all agreed. He will continue as secretary of the board.

Terrazas and Begay wanted to continue to serve on the finance committee and Hardin had contacted Begay and said she would not be able to continue on that committee. Terrazas could not chair the committee so Begay would. The board all voted to approve except Guadiana.

Guadiana and Heredia both wanted to continue to serve on the audit committee. Begay nominated her to serve as chair of that committee and Guadiana nominated himself for chair. It also fell to a tied vote. Begay and Heredia for Heredia and Guadiana and Terrazas for Guadiana. It will be voted on again at the next meeting when they have five board members.

Koury said they would have to do the vote again and pointed out the Hardin had missed the opportunity to be nominated and might be added in.

The audit committee still needs another person and Koury said he had not found anyone yet but would keep looking.

The board had a long discussion about the possible censure (verbal, written, removal of privileges) of Guadiana for violations of board policy B-0750 BCA.

Begay started with what censure meant. It will be an expression of disapproval and cited a US Supreme Court case, Houston College System vs Wilson in 2022. Elected bodies in the country have long exercised the power to censure their members. It had been used since colonial times and at state and local levels. Begay said she had put it on the agenda because several board members have expressed concerns about Guadiana's conduct in meetings. The board acts as a public body and must follow the open meetings act and operate in the open. "This is not easy, but it needs to be discussed." She went over the choices the board could make or not. Begay continued with board policies and New Mexico laws concerning the matter.

Begay said, "Guadiana has violated board policies and undermined the effectiveness of the board." She used the last board meeting and how Guadiana had conducted himself with some individuals in attendance. State law administration code requires local school board to delegate administrative and supervisory functions to the local superintendent and refrain from involvement in delegated administrative functions. "I believe Guadiana's hostile behavior towards staff is undermining the superintendant's functions and is a violation of that administrative code." She asked other board members to share their thoughts.

Heredia said she had been unable to attend the last meeting due to work requirements. She did watch the recorded meeting and viewed the conversations with Lewis and Guadiana and had some concerns. She also referred back to the feedback they had gone over for the board a few meetings before and had concerns and much of the concern had been directed to Guadiana and how he conducts himself in meetings. That had come from the staff and the board needed to address it.

Terrazas cited the board norms and its requirement for them to have respect for all. He felt there had been an attack at the last meeting between Guadiana and Lewis that had been uncalled for.

Guadiana had a response to all that had been said. The reason for the collective bargaining agreement not being approved had to do with only three board members being in attendance and it had not been his doing. He said the comments that came from Lewis had been aggressive. The inference that he had the opportunity to attend those meetings had not been true. "I was not disrespectful to him; he had not been to me. It is a point of stating what you feel, what is true." Guadiana then addressed his interaction with Ryan. He didn't have the ability to answer a question he had been asking for two in a half years. He had asked specific things having to do with policy and not having them answered had become very frustrating. He would address more comments on the board self evaluation. "If I was using power language or degrading someone, I would say that didn't occur." He cited free speech and reinforced some of what Armendariz had said earlier about the letter to the editor Begay had written. "It starts here, we have had no audit for three years and it has had consequences.

They have not been able to build the new school because the district can't qualify for capital outlay without an up-to-date audit. He pointed out that no one the board had expressed any concerns about it. "Board leadership and the superintendent have kicked it down the road for over one in a half years." He referred back to the letter sent to the editor by Begay. "The irony of the letter is that is what we are doing in such a way we are preventing a school being built." Currently the state has a surplus of money for building schools and Cobre cannot move forward, and Guadiana had concerns that by the time they have the audit caught up the surplus money would be exhausted. "By continually kicking the can down the road means we don't build a new school." He continued by saying the board leadership and superintendent have circumvented the audit committee's ability to move in the right direction.

The special audit will cause challenges that they must meet to show accountability to the board and public. Guadiana said, "The delay of that by the president and action to kill the audit is unfathomable. You can't kill a special audit you can only transfer to the state attorney general."

Begay said she had never tried to kill the audit. Guadiana told her she had but not in a public setting. Begay had spoken to the audit committee saying she didn't want to continue with the special audit according to Guadiana. Begay insisted she didn't want to kill the audit but at the time had been in a financial crisis in which they had to lay off a large number of staff. She had just asked that it be revised and look at the scope of work to see where the district could save some money. Begay said, "The auditor and the committee agreed to change the scope of work to save money and employees. It was never to cancel the audit." Gaudiana said they had not changed the scope of work. Begay disagreed. Guadiana continued that there had been efforts to interject. Begay broke in and told him he had just violated confidentiality of an executive session. "I am not here to argue but to give you the opportunity to respond. Do you have anything else to add?"

Begay received a call from legal counsel. She had called earlier to find out what they should do when they have a tied vote. They will be conducting the vote again at the next meeting.

Guadiana had more to respond to. He said occurrences had happened when the board president and superintendent have sought council on items relating to how agendas will be set and if the board has the authority to pursue monitoring possible areas of weakness. The conversations between the board president and superintendent occurred outside of the audit committee's participation other than being informed after. No effort of collaboration had been made. Gaudian said it had been a confrontation.

Begay told Guadiana he could continue to target her but pointed out that other members had expressed concerns. Guadiana answered that he understood but they had not been given the severity of what has been going on. It had not been discussed. "The direction to move forward has been hampered and causes a level of frustration."

Begay said, "That's you. We want to move forward and look for the best interest of the students, teachers and staff. We want positivity in our district, and we want to function well. We want to get along with each other and have common curtesy."

Guadiana said, "Functionality is three years of unfiled audits?"

Begay said she didn't chair that committee. "I chair finance, and we are working fine. I don't want a he said she said interaction."

Begay made the motion to issue a written censure for Guadiana for violating board policy and specifically delegating the administration and supervisory functions to the superintendent of the schools and work through the superintendent to make criticisms of the school administration or personnel only to him. She also read the New Mexico administrative code that requires local school boards to delegate administrative and supervisory functions to the local superintendent.

Guadiana said he had a point of order and Begay continued that based on the conduct described by board members and publicly described in the meeting they would authorize legal counsel to draft a written letter of censure from the recording of the meeting and will have available at the next meeting for approval.

Guadiana pointed out that a point of order could not be ignored. The last part of what Begay had read about the board designating the responsibility of personnel to the superintendent would not be correct. He continued to explain.

Begay wanted to continue with her motion and asked for a second. All voted yes except Guadiana.

Begay added a motion that as part of that censure that Guadiana be denied the privilege to serve on any board committees in 2025. The motion had a second.

Guadiana wanted a discussion. No one on the board had participated in audits and this would be a conscious effort to undermine the board's ability to address the issues as they come forward. No one on the board had experience with audits other than the little bit Heredia had from being on the committee. "This is reckless."

The board all, except Guadiana, voted to add the denial of Guadiana on any committees in 2025.

New business

Board self evaluation. Begay said she had sent it to them last week and asked if everyone had time to fill it out. Terrazas and Heredia had not done it, but Begay and Guadiana had. She asked Guadiana if he wanted to wait until next meeting or discuss it now. He wanted to now.

Guadiana addressed the first question, which had to do with the board's relationship with the superintendent. He had said satisfactory on one, a few that needed improvement but unsatisfactory when it came to board interpreting controversial issues with the superintendent, so he would be capable of carrying out the wishes of the board. He went over some of the things he had addressed before concerning collective bargaining and the audit, specifically trying to kill the audit. Guadiana said the superintendent had not invited the contract auditor to a meeting saying he saw no reason. The audit committees' primary statutory function must be to meet with the auditor monthly while preparing the annual audit. The board leadership promotes divisive actions and interferes with the work of the audit committee. The board president had contacted legal counsel to prepare a policy and position statements regarding the board's membership of the audit committee. He continued with what had taken place. He then went over what had happened and not happened with the collective bargaining and the tech bonds and failures. He continued and had an unsatisfactory and cited the complaint to the New Mexico Athletic Association had been filed against the district.

A member of the board spoke to this, and the board president said she had already responded to the New Mexico Athletic Association and no further action had been discussed. The board had not been consulted on the response or approve of the response. A terminated employee filed a discrimination complaint against the district. It alleged discrimination from Guadiana, two other past board members and the past superintendent. The state insurance provider heard the case. The current president had the role of providing information to the lead attorney and at no time shared any of that information on what had been provided to the attorney. Guadiana added he had not been allowed any part in the process. He added that $300,000 had been lost in that case.

Begay interjected. "You saw the censure on the agenda and now you are coming after me." Guadiana asked to continue. Begay, "No I am making a comment. I feel like this is an attack on me and filled with a lot of false statements."

Begay made a motion to end the discussion.

Guadiana interrupted and said this has been an evaluation of the superintendent and a matter of public record.

Begay made the motion again to stop the discussion. All but Guadiana agreed.

Guadiana made a point of order. "This evaluation is public information and the appropriate forum for board members to provide this. Begay said yes but a motion had been made and passed. It could be on the next agenda.

Old business

Dates in February had been discussed, and they ended in agreement for the retreat to be March 1, 2025.

Board member reports.

Heredia thanked all the principals that had come and given reports and sharing information about their school. She hoped everyone had a good break.

Begay echoed Heredia and added that the intervention program had been working well. She had heard good things from the teachers that they loved the software program Beyond Textbooks.

Terrazas echoed both Begay and Heredia and said the district seems to be heading in the right direction. He had attended the School Board Association Conference. He had brought back awards for Guadiana and Begay recognizing them for over twenty hours of training.

Guadiana said he looked forward to the release of the special audit and "it will show my concerns validated." Hopefully they can have the problems resolved for future bonds and restore voter and community support. "Getting children in a new school should be a priority. I look forward to continuing my board assessment." He went over his feelings of the censure and how being critical of other board members has not been acceptable. "Censure does not fit with free speech and the board norms don't address this." He added. "If a board is always polite you will have the board of regents, and you are headed that direction. Conflict can be healthy." He wished a happy new year to everyone.

Superintendents report

Koury provided a list of fundraisers to the board members.

Meeting adjourned.