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A MEMORIAL

REQUESTING THAT STAFF FROM THE PUBLIC EDUCATION DEPARTMENT AND

THE LEGISLATIVE EDUCATION STUDY COMMITTEE, IN CONSULTATION

WITH STAFF FROM THE LEGISLATIVE FINANCE COMMITTEE AND

LEGISLATIVE COUNCIL SERVICE, IDENTIFY AND ANALYZE THE

LEGITIMACY OF THE EXPENDITURE OF STATE FUNDS BY SCHOOL

DISTRICTS FOR THE PURPOSE OF DEFENDING THE DISTRICTS AND THEIR

SCHOOL BOARDS AND EMPLOYEES IN LEGAL ACTIONS ALLEGING

MISCONDUCT.

WHEREAS, certain recent controversies in New Mexico

public school districts have brought public attention to

alleged misconduct in New Mexico school districts; and

WHEREAS, those controversies have lead to litigation in

which school districts use state funds channeled through the

public school funding formula to finance litigation expenses

for lawsuits brought against school districts and their school

boards and employees; and

WHEREAS, decision-making at the school district level

regarding expenditure of state funds for legal expenses may

not be reviewed or approved by the public education

department; and

WHEREAS, by constitution and practice, school boards in

New Mexico have a great deal of autonomy in handling their own

affairs, including controversies that may arise regarding

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alleged misconduct by teachers, administrators and other

employees; and

WHEREAS, in order to exercise properly its oversight

powers, the legislature should gather information on the

expenditure of state funds by school districts for the

purposes of paying attorney fees and other legal expenses in

defense of alleged misconduct by teachers, administrators and

other employees;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that staff from the

public education department and the legislative education

study committee, in consultation with staff from the

legislative finance committee and the legislative council

service, be requested to identify and analyze the legitimacy

of the expenditure of state funds by school districts for the

purpose of defending the districts and their school boards and

employees in legal actions alleging misconduct; and

BE IT FURTHER RESOLVED that the study include research

on the following issues:

A. the existing criteria in New Mexico public

school districts for evaluating the merits of legal actions

against districts and their employees and whether to expend

funds in defense of those legal actions;

B. the amount of attorney fees and legal expenses

expended by each of the state's school districts annually for

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the last six years in addressing legal questions for the

district and its school board and employees, including any

cases of particularly outstanding controversy or expense;

C. whether school districts impose limits on the

expenditure of funds for attorney fees and litigation

expenses;

D. any elements that may keep the legal expenses

of certain school districts consistently low; and

E. the practices of school districts and state

governments in surrounding states and comparable jurisdictions

with regard to the expenditure of state funds by school

districts to defend the districts and their school boards and

employees against legal action; and

BE IT FURTHER RESOLVED that the staffs of the public

education department, the legislative education study

committee, the legislative finance committee and the

legislative council service present a report on their research

and findings to the legislative education study committee and

the legislative finance committee no later than November 1,

2007; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the secretary of public education and the

directors of the legislative education study committee, the

legislative finance committee and the legislative council

service.