MODRALL SPERLING November 3, 2014 Mr. Charles Peifer 20 First Plaza, Suite 725 ‘Albuquerque, NM 87125-5245 Re: Open Meetings Act violation Dear Mr. P On behalf of the Board of Education of the Albuquerque Public Schools (the “Board”) and Board president Analee Maestas, we want to advise you that we disagree with the conclusion contained in your letter dated October 21, 2014 that the Board violated the Open Meetings Act. ‘The “Maestas Statement” to which you refer was, admittedly, poorly phrased. Although it says that each Board member “consented” to the hiring of ‘an independent investigator, consent was not sought. Rather, Dr. Maestas informed ‘each board member of the action she was taking as Board President, None voiced any opposition, and so the statement said they “consented.” In fact, what happened was that the members were simply advised of what was being done by the President, and were not asked to take any action with respect to the hiring of an independent investigator. A “tolling quorum” type violation of the Open Meetings Act may arise if formation of public policy is discussed or business is conducted by vote, but Dr. Maestas’ communication with the other members involved no such formation of policy or decision by the Board to take any action. To the extent that Dr. Macstas’ advising other Board members of her contemplated action could be considered to be “discussion” of public business, as you have asserted, then a technical violation of the act might be deemed to have occurred. To avoid any further argument on that point, the Board intends to address the claimed violation by placing the question of hiring an independent investigator on the agenda for a meeting of the Board held pursuant to the Open Meetings Act in the near future. At that meeting, Dr. Maestas will summarize what she said to the individual Board ‘members and their responses, if any. The Board will then proceed to discuss the hiring of an independent investigator and will, if a majority of the board approves, vote to ratify the hiring of an independent investigator. We believe that this procedure will, in conformance with the Open Meetings Act, remedy any alleged violation which may have occurred. ‘Very truly yours, Uther Meter hus Arthur D. Melendres cc: President Maestas Board Members dot eientt1301]200\72298982. DOCK Roatnars ak PA Bank of Ameria Contre Soa Fourth Sect Kinguereue, ew Menco67102 ro ox 2160, Mew Hondo 67103-2368 ‘at: 505 940.1000,