Guadiana taking school board to court over censure

By Lynn Janes

The Cobre Consolidated School Board held a special meeting on July 21, 2025. Board members in attendance included Gabriella Begay, Gilbert Guadiana and Angelina Hardin. Interim Superintendent Randal Piper also attended. David Terrazas and Emmarie Heredia did not attend.

The board approved the agenda.

Public input none currently.

New business

Guadiana ask that they discuss his censure that had been done at a previous meeting in June 2025. It had been done because the board had deemed he acted inappropriately, and it had removed him as chair of the audit committee. Guadiana said, "I am going to challenge this in court. I want to give the board the opportunity to reconsider this sanction." According to Roberts Rules of Order this would be an appropriate action to rescind a sanction. The basis of the sanction had been because of five responses from a survey saying Guadiana had been misogynistic and demeaning of women. "I do not believe myself to be misogynistic, and seven years of school board recordings have not cited him as misogynistic. The survey had amenity. However, if the response results in slander or defamation of character the survey company will be obligated to release that information. Guadiana said it would be part of his request in the action he will be taking.

The board has a responsibility to ensure the actions they cite in a sanction would be real. No evidence had been brought forward to substantiate the allegations according to Guadiana.

Another part brought up in the censure had to do with the interaction he had with the union representative. The video shows he had not insulted the man. He had not said anything derogatory. Guadiana said he had never received any invitations to the negotiations and had not been made aware of them as he should have been. Begay broke in and said an email had been sent and they had proof. Guadiana asked that he may continue. Begay continued and she said it would be a falsehood saying he had not been informed when his name had been copied on the email then told him he could continue.

Guadiana said the email had not been mentioned at the meeting only a sign in sheet he had never seen. He had not attended those meetings. He would want witnesses that say he had attended those meetings.

Next brought up with the censure had to do with an interaction with the finance director. He had requested a discussion on internal controls two times along with some other information. The finance director would not respond to any direct questions and in fact had been more obstinate. At a point Cory Gropp, principal at Cobre High School, answered part of the questions.

Guadiana continued, the district has had a series of audits in which some significant findings have been made. Funds have been misused, and people have taken advantage and undermined any fiscal control. These items have been listed in the special audit. Guadiana pointed out that no other board member had been concerned about the lack of internal controls when shown over and over in the findings. "We don't have written internal controls documented." He felt the board president should have been concerned with the financial director being obstinate and not wanting to comply. The lack of controls will just continue the audit findings.

These would be main reasons Guadiana did not feel any of these points would give merit to the censure. "So, this is the opportunity I am giving the board. My expectation is minimal to look at what I said, what is documented and my notice I will challenge this in court."

Begay said she had a comment. They had done the censure in January. A censure would be an expression of disapproval. She then cited, "The US Supreme Court had recognized in Houston Community College System vs Wilson in 2022 that elected bodies in the country have long exercised the power to censure their members. Censures have also proven common at the state and local level." Begay further cited a board policy that spoke to undermining the effectiveness of the board and had given examples at the time of the censure. The union president had left the meeting in a very angry manner. The exchange had been unprofessional on a number of levels. She gave the example that Guadiana's hostile behavior with the staff had been undermining the superintendent's supervisory functions. At that time examples had been given. "I don't feel comfortable, and this is just a discussion item right now that we remove the censure. I think a year is enough time to hopefully change your behavior." Begay added that when he went to conferences, he bashed the district. "You are out there putting out falsehoods about the schools and it looks bad." She further said, "I think several of our employees have felt threatened by you with your hostile demeanor." She hoped they would come forward later on.

At this time Begay would not be comfortable removing the censure. "I look forward to us fighting in court." She asked Hardin if she would like to speak to the subject. Hardin said she had not been present at the meeting they had been speaking to and said she would view the video and asked for the date. Begay said four of them on the board had felt his conduct to be unacceptable. She asked Piper to speak to the audit.

Piper said they had made huge progress in the last few weeks. They had provided the auditor between 500 and 1,000 documents in the last several weeks and have received updates from the auditor every week. The auditor will be attending the next audit committee meeting to provide a full update.

Guadiana had a response. He appreciated Piper's attention to this matter and has had a positive impact. The change in the progression he found extremely noteworthy and heading in the right direction. Guadiana referred to Begay saying he speaks falsehoods when he did not. He has been careful about what he says in front of an audience. He has not meant to demean Cobre in any sense other than saying they lack in a direction to correct things. The lack of qualification in the finance committee and audit committee appointees has been detrimental. "I look forward to the day in court as well"

Begay disagreed with him on qualifications and said Heredia and Hardin have been doing a phenomenal job. It has been a learning process and that would be why they have board trainings. "I disagree wholeheartedly with your statement with nominees not being competent or qualified, but I look forward to our day in court." Her last statement had been to call attention to Guadiana having been censured at another school board. "It seems like your behavior continues to repeat itself."

Guadiana said this would be his last response. The school board Begay referred to has a lot of fraud going on. They had a superintendent that had taken a $93,000 payout for vacation and sick leave without any documentation. Further things are being reviewed in the case that will dwarf that issue. It had been done to quiet him; he had been the only member of the board to speak out. He said this would be the same thing all over again.

Guadiana asked about where they would be at with the special audit and Piper said they had just been working on the regular audits. He did think the auditors had everything they needed for the special audit.

Guadiana went back to the other school board and their lack of internal controls and how it how allowed many things to happen that should not have.

He wanted a discussion regarding trespass warrants on parents. The warrant had been put on a family member with a child in elementary school, but it applied to all schools in the district and district office. Nothing had been brought forward that anyone had felt threatened for their wellbeing or health. "We need to put up a protection for the constituents which are family members that we represent to make sure action taken by the district is reasonable."

Begay asked Piper to speak to this, but before she had an opinion as a schoolteacher and cited an experience in which a parent had made a bomb threat. Every case would be unique. At that time the school principal had put a criminal trespass on that parent.

Piper said it would be something needed and spoke to the school shootings around the country. They need to do what would be needed but would always err on the side of caution. He would rather be more cautious than not and end up regretting something. It would be something he would be willing to look at. Maybe they could pull in law enforcement and look at someone's background that they may not know. "I think there is definitely a place for it in schools."

Guadiana said his comment had not been they should not do it but rather they should make sure that in each case it would be reasonable. That it be prescribed in a rational manner.

Action items

The board approved the minutes for several board meetings.

The board did the second reading of policy advisories for emergencies, instructional goals and objectives, cell phones, cardiac emergency response plan and water safety. The board approved the policy changes.

The board approved a budget transfer after Frank Ryan, finance director, explained each one. They had lost funding for the school lunch program and would have to carry it in operational funds. Guadiana had questions about the transfer.

The board approved the change in the initial budget for summer transportation. Ryan said this would be an increase. The actual amount received had been different from the budgeted amount.

The board approved the educational assistant handbook for SPED. Erica Luckhurst, special education coordinator, said this handbook would be used with all educators because they would all be interacting with special education kids every day.

Guadiana asked how she had come up with this guide, if she had used another district or federal one as an example. She had used one from Idaho and tailored it for Cobre plus added some sections. It had not been a requirement, but she had received some feedback on the need. Hardin asked if anyone could attend the trainings and Luckhurst said it has been designed for staff, but she would be welcome.

Terrazas joined the meeting online.

The board approved IDEA-B budget. Luckhurst had provided that to the board and explained some of the budget and what it meant. She asked if they had any questions. Guadiana had a few questions Luckhurst answered. Currently they did not have all the correct codes, but PED had asked that it be approved, and the codes would be provided later. The new special education office at the state level has been in the development phase.

The board approved the graduate profile presented at the May 13, 2025, board meeting. This profile will be a vision that reflects who the district wants the students to become by the time they graduate. It outlines five core attributes. Every student will be courageous, open minded, balanced, responsible and empowered. It will not be just a document but a foundation for how they prepare the students for life beyond high school. This will follow from pre K to twelfth grade and will provide as a guide for curriculum decisions, instructional goals and support services.

Piper said they have been ahead of the game on this and recommended the approval. They discussed the document for a while. Begay asked if the students could do their own because she had heard of one from the Zuni Pueblo. They had not come that far yet but had implemented last year a capstone project. The student does a project to show competency in English, science, social studies or mathematics. Silver Consolidated Schools has not started this yet.

The board approved the Cobre High School student parent handbook. The only change had been the hair code. They don't want their hair covering their eyes. When having a conversation with a student they need to be able to see their eyes.

The board approved the Snell Middle School student parent handbook.

The board approved the elementary schools student parent handbooks. They had decreased the lunch from 45 minutes to 30 minutes.

The board approved the athletic activity policy handbook. The board discussed tardies and absences and how that would affect if the student could participate in athletic activities. They brought up a few situations that had been happening. The athletes needed to be held to a higher standard. Some of these policies had never been implemented before. Gropp said he didn't want to come in too heavy and deter kids from participating.

Finance committee report

Begay said they had not met but would meet the following week.

Audit committee report

Piper said they would meet on August 6, 2025. The auditor will be present.

Board member reports.

Hardin thanked everyone that had attended the meeting.

Begay wished everyone a great school year. "I know it's hard right now getting everything organized and ready to go." She looked forward to Summerfest.

Guadiana wanted to report on a training session that he had attended the previous week. It had been a one-day session on finance. an area very important to the district. It had been done by the New Mexico Association of school boards. Piper had attended also. It had been intended for superintendents, finance directors and school boards and went into how to read reports and importantly what reports need to be provided. The board needs to improve on the criteria of the reports they review. They had been given case studies, and the prevailing theme had been internal controls. The studies went over the fraud that occurred, what had facilitated that fraud and identified the symptoms of fraud. It also covered procurement.

The training session also discussed bonds and how to formulate them in regard to time and language. This information had been applicable due to the circumstances with the possibility of building a new school. It covered tax rates and mill levies. The Public Education Department did a presentation on the budget process. Guadiana went over all he had learned to help the district with this process, and he looked forward to attending more because they went into the micro level of things. The school board trainings seem to just go into the macro level. Guadiana added he looked forward to all the upcoming events for the beginning of the school year.

Terrazas wanted to comment on the need to update the website monthly.

Guadiana commented that he appreciated Piper's presences and thought he would make some strong strides toward corrections particularly financially.

Superintendent report

Piper said so much had been happening, and  he would have a few things beyond what had been listed on the agenda. It would be low level and not controversial. He told Terrazas he had met with all the principals, and they will be dealing with the website.

Last board meeting they had 33 openings. At this moment he said they will be in the single digits and only one will be instructional, science in the middle school.

He had included in their packet a reminder for board training that would be required. He said when he had worked at other districts he had always been impress by the amount of training the board had done at Cobre.

They had put together a bond brochure that had been included in their packet. If they wanted more, he had them for the board to pass out. They will be available to all the staff and for any events to pass out.

He had been talking to the Public Education Department about the challenges to spending some of the funding Cobre had received for soft ball field stands. They need to have them started right away. Piper said he has been worried they would take it back. They have been working on obtaining new quotes.

Cobre had picked up some cafeteria tables, 25, worth about $2,000 each from Los Alamos that also include 200 chairs.

Meeting adjourned.