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Category: Front Page News Front Page News
Published: 24 July 2022 24 July 2022

By Lynn Janes

The Cobre Consolidated Schools held their board meeting July 11, 2022. President Ralph Sepulveda called the meeting to order. Other board members in attendance included Frank Cordova, Serena Murillo and Canuto Molina. The pledge of allegiance and salute to the New Mexico flag took place. Superintendent Jeff Spaletta also attended. Gilbert Guadiana arrived after roll call.

Before the meeting took place Ralph Sepulveda and Frank Cordova addressed the board and superintendent Spaletta. Both board members gave Spaletta their resignations effective immediately. Cordova wanted to address the false statements made by another board member and recall election. He said he had served the Cobre Schools for 38 years and served according to the bylaws, code of ethics and school board association and did it to the best of his ability. The nepotism accusations have been incorrect, and all the complaints have not merit. Cordova pointed out that the district had not been paying any of his legal fees in this matter. He thanked everyone for their support concerning this and said all of this has been very difficult on him and his family physically, emotionally and financially. He pointed out that a recall would cost the district $25-$30,000 in legal fees and the district could not afford it. He handed the resignation letter to Spaletta and left.

Sepulveda said he agreed with everything Cordova had said. He had served the district for 30 years. He thanked everyone for their support. He said he hoped the board could get over all of this. He handed his resignation letter to Spaletta and left the meeting.

Molina, being the senior board member, said he would take over as president for the time being and asked for a 20-minute recess to discuss how to go forward.

Guadiana said it all needed to be held in open session because of the open meetings act. Molina excused his ignorance and asked Guadiana what he suggested. Murillo said the board needed to take a 15-minute recess. Molina called for a 15-minute recess and the board took the recess.

The board came back from the short recess.

The board approved the agenda with two minor changes asked for by Spaletta. Two items on the agenda moved to right after the approval of the agenda. Mike Stone, of Stone and McGee presentation and presentation of the backpack program by David Chandler from The Commons Center.

Mike Stone presented the board with the audit they recently performed for the district. The audit comes with an unmodified opinion. He said they had several comments listed on the audit and asked the board if they would like to ask him questions or have him go over each comment. The board asked for him to address each comment.

Reconciliation of bank accounts were not reconciled when they came and did not balance. This included seven of nine accounts and going back four years.

Construction projects got lost in the shuffle. Contractors had been paid before jobs were completed. Murillo asked if a forensic audit could be done on just this finding and Stone said yes.

No adequate monitoring of fuel cards and lack of internal controls.

The use of restricted funds for general fund operations. He explained they had been low on cash, so debt service funds had been used. He pointed out that this practice is not permitted. When funds from grants, etc. were received the money had been replaced but still is not permitted.

Expenditures in excess of budget authority. These budget line-item expenditure had exceeded the amount budgeted for that item.

Stone went into a detailed explanation of each item for the board. Guadiana asked what each item had been budgeted for and Stone told him he would have to get that individual information from their finance director.

The next comment had to do with questioning of the purchase of a game console and extra equipment with it. They did not see justification for the purchase. At that time Stone explained part of the audit the state requires them to do is not just look for fraud but possible abuse of use of funds.

Stone said 100 credit card expenditures had been pulled for the audit. Some the purchase orders had been dated after the invoice in 21 incidents. Gross receipts tax had been paid when they should have not. Taxes should be paid on services but not on goods. He did say this is a common problem as many vendors will not take the tax off.

SB9 funds, capital improvements can only be used for certain things and some of the things these funds had been used were not permitted.

Stone said they had a late audit report and admitted that fault laid on both him and the district and apologized.

Guadiana and Murillo had some more questions for Stone. One question from Murillo had to do with the publishing of the audit. She said she thought the board had to approve it first before it could be published. Stone said no the state auditor publishes the audit when it is accepted by the state. Some discussion went on around the publishing of the audit.

The board approved the audit with a comment from Murillo. She said she had been under the impression she should have been invited to an exit interview for the audit and had not been. She said in the future she hoped that does not happen again. She also pointed out there should be a study session within 30 days of the audit release and wanted to make sure that would be followed.

David Chandler gave a power point presentation concerning the proposed backpack program he wants to implement with the Cobre district. Chandler represents the Commons Center for food security and sustainability. He told the board they serve 600 households with 5 different pantries a month. Two are in Silver City, one in Hatch, one in the mining district and one in Cliff. He told them the mission of the Commons is to meet the immediate needs of Grant County residents with food, education and gardens. The PowerPoint presentation listed out all the services they provided. He explained he wanted to start a pilot program at one of the schools in the Cobre district by assessing each school and determining the one with the greatest need. He explained the principal would have to want to do the program. Murillo asked if there is currently any place, she could take her extra produce from her garden. Chandler said not in the mining district, but they are working with the mayor of Bayard to have one and with State Representative Luis Terrazas. Chandler said he hoped soon to have a building and farm stand in the mining district.

The board approved the minutes from the previous board meeting June 27, 2022, after discussion of who voted yes and who voted no.

The board approved the student athlete handbook with minor changes previously asked for.

The board approved the bills paid. The finance committee had reviewed them and approved them previously.

The board approved the substitute handbook with the changes the board previously asked for. They had asked for the pay schedule to be clarified. Discussion around those changes took place for a while with Deana Davis, human resources, answering questions.

The board tabled the two transportation contracts and budgets. Murillo said the finance committee had gone over them and there had been some issues.

The next item on the agenda had to do with consideration of censorship terms and conditions currently in place for board member Guadiana. Molina said he was confused about what this is really about. Murillo said she had received some information on this, but it had been heavily redacted, but they had been supposed to review in May. Molina said they needed to talk with the attorney and do their due diligence. The board tabled this item until further information had been obtained.

The board received an update on the Central Elementary gym project. It will be half the size due to funding. They are in the process of redesigning. Molina said this issue had been a hot button one and needs update reports every meeting.

The board and Spaletta discussed the policy reading. They all seemed not to know how they had to proceed on the matter. They discussed if it just had to be published or had to be actually read out loud at a meeting, posted on the website, or made available to the public. What constituted a public reading had not been established. Spaletta said he had been trying to get hold of Mr. Kennedy with the state board association for these answers.

Prior superintendents leave was up for discussion again. In the prior meeting agenda Dee Marquez had been identified on the agenda. This meeting the issue was made a little clearer. Dee Marquez attended to answer questions the board may have over the days Mr. Mendoza had taken leave. A lot of discussion went on over what took place in 2014. Molina asked the board if there would be an actual goal and what was it or if they would just be airing the board's dirty laundry. Guadiana said it would be to get the money back that Mendoza possibly owed the district. He said this would just be discovery and doing their due diligence. Molina pointed out that if they went forward with this it would cost a substantial amount of money to litigate and the district cannot afford to do this. Molina pointed out if they didn't even know what the policies are they would not have a case anyway. Spaletta offered to talk with the attorney and Molina said he wanted him to. Guadiana said he took exception to this as the attorney had not been forthcoming about any of this, and they needed to get another attorney. Spaletta said he would research the situation. The discussion on this went on for some time.

Public input on agenda items.

A person attending the meeting brought up his concern that only residents in the district be considered to fill the positions Sepulveda and Cordova left. Molina let him know that has been a requirement.

Spaletta let the board know the district has received a complaint with the attorney general of New Mexico. It had consisted of two emails they received. They outlined inadherance to government conduct act, nepotism, and district funds used to represent board members and not approved by the board. Spaletta said he had to research it and respond. He said he would let the board know the outcome.

Spaletta brought up the board evaluations again. He said they have a lot of work to do. He said he spoke to the board association, and they could offer a free class next meeting and after that if they wanted a more expanded class for $350. The board agreed that they needed to fill the two open positions first.

Spaletta informed the board he would be going to Albuquerque for the New Mexico Coalition of Education Leaders Conference.

Spaletta gave a short update on the Summer Fest event July 30, 2022. He said they had raised $22,000 and have 30 booths so far.

Spaletta said he had met with the fire marshal concerning coming up to compliance and they had been moving forward with getting everything done.

The board went into executive session for about fifteen minutes and came back into open session with no action taken.

Public input none currently

A discussion about items for the next meeting took place. They had disagreement about how to proceed on some items.

Meeting adjourned.