MEMORANDUM OF COMPLAINT

TO: New Mexico Office of the Secretary of State

Attn: Ethics Division, Bureau of Elections
325 Don Gaspar, Suite 300
Santa Fe, New Mexico 87501
Facsimile: (505) 827-8403
Email: sos.ethics@state.nm.us

FROM: Gregory Ewing, Ed.D., Superintendent, LCPS (Resigned)

CC: The Honorable Michelle Lujan Grisham, Governor of New Mexico

Dr. Ryan Stewart, Secretary of Education, New Mexico Public Education
Department

DATE: August 15, 2019

RE: Improper Duties & Actions by a Board Member

In accordance with the procedures prescribed by the New Mexico Governmental Conduct Act
(NMGCA), I am writing this memorandum of complaint to express my disquietude regarding the
improper and illegal actions of Las Cruces Public Schools (LCPS or District herein) board
member, Maria Flores (Flores) and respectfully request that an investigation be promptly
conducted. Flores has engaged in inappropriate, unprofessional, and illegal behavior in violation
of, among other things, the NMGCA. See generally NMSA § 10-16-1. Her conduct has raised
several levels of concern from my office as superintendent, such that I ultimately felt compelled
to resign my position as superintendent on August 9, 2019, despite the board’s confidence in me,
shown by renewal of my contract in May 2019 and the board’s decision to raise my salary in
August 2019. Specific details are outlined below:

1. In accordance with New Mexico Statutes Annotated, the school board collectively oversees
one employee: the superintendent. NMSA § 22-5-4. However, despite prior warnings,
orally and in writing, to Flores by the former Secretary of Education Skandera, Flores has
continued to interfere with the operations of the LCPS, giving directions to LCPS
employees and communicating with staff regarding staff job performance, which is
exclusively under the aegis of the superintendent. See Board Member Code of Ethics,
Policy BCA, Board of Education Las Cruces Public Schools (2008).

2. Flores has exhibited the following behavior that is in contrast with NMSA § 10-16-1,
including that she has: (1) not acted ethically and with integrity; (2) engaged in undue
influence and abuse of school staff and me; (3) invented and spread rumors to other board
members, District staff, and others related to my personal life and my sexual orientation;
(4) failed to comply with the Open Meetings Act and operate with transparency; (5) failed
to communicate in a professional and appropriate manner; (6) failed to work to resolve
conflicts; (7) and failed to work in the best interest of the District’s students and LCPS. By
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doing so, Flores has violated the NMGCA, as well as her Duty of Care, Duty of Obedience,
and Duty of Loyalty to the District.

3. In addition, Flores has violated the LCPS Board Member Code of Ethical Responsibilities,
Paragraph II:

(C) A Board member will endeavor to make policy decisions only after full
discussion at publicly held board meetings;

(D) A Board member will render all decisions based on the available facts and the
Board member’s independent judgment, and refuse to surrender that judgment to
individuals or special interest groups;

(E) A Board member will remember at all times that an individual member has no
legal authority outside the meetings of the Board, and will initiate official
interactions and relationships with the school staff, local citizenry, and news media
within the scope of authority authorized or delegated by the Board;

(F) A Board member will maintain a working rapport with other members of the
Board and with the Superintendent and will respect and encourage the right of
other Board members to hold and express their individual views and opinions;

(H) A Board member will not convey the impression that he or she has the authority
to make decisions or take action on behalf of the Board of Education or the
Administration of the Las Cruces Public Schools, unless Board of Education Las
Cruces Public Schools BCA Board Member Code of Ethics Page 2 of 3 he/she has
been authorized by or received the delegated power to do so by a majority of the
Board;

(I) A Board member will not take any action which is intended to give the
impression that he or she would represent special interests or partisan politics for
personal gain.

(J) A Board member will work with other Board members to establish effective
board policies and respect the statutory authority of the Superintendent in the
administration and operation of the School District.

(K) A Board member will bear in mind that the primary function of the Board is to
establish the policies by which the Las Cruces Public Schools are to be
administered, but that the administration of the educational program and the
conduct of school business and operations shall be left to the Superintendent of
Schools and his/her professional and support staff unless otherwise provided by
law.
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(L) A Board member will recognize that it is the responsibility of the Board to see
that the Las Cruces Public Schools are properly administered, not to administer
them, and the Board shall hold the Superintendent responsible for the
implementation of Board policies and the administration and operation of the
School District.

(P) A Board member will resist every temptation and outside pressure to use the
position as a Board member for personal benefit or benefit of any other individual
or organizations which is not consistent with the best interests of the Las Cruces
Public Schools

(Q) A Board member will take no private action that will compromise the Board of
Education or the Administration of the Las Cruces Public Schools.

(S) A Board member will not let any personal or business interest interfere with the
Board member’s duties as a public official, and the Board member shall fulfill all
requirements of New Mexico Statutes Annotated § 22-5-4 (2003), as amended and
recodified in the future, and other duties and obligations imposed by law in a
professional manner and to the best of his/her ability.

(W) The Board shall assure that all financial transactions of the School District are
conducted in a professional, legal and ethical manner.

(Y) A Board member will welcome and encourage active cooperation for the benefit
of the School District of sincerely interested individuals, organizations, school
personnel and media representatives.

(Z) A Board member will take appropriate action regarding employee termination
or discharge in hearings before the Board pursuant to New Mexico Statutes
Annotated § 22-10A-24 or 22-10A-27 (2003) as amended or recodified in the
future.

The facts which support the allegations include the following:

 Despite a prior written warning from the Office of the State Board of Education, Flores has
continued to repeatedly interfere with the operations and management of the District,
questioning me about my decisions, attempting to pressure me into making different
decisions, and undermining my authority in front of others. Recent examples include the
following:

o On February 10, 2018, after I pulled a principal out of Desert Hills Elementary who
was not performing her duties to my satisfaction and was violating District policy,
Flores scolded me for my decision. Specifically, she directed me to go her house
at 9:00 p.m. to discuss the issue. When I arrived, the representative from the
National Educational Association (NEA), Amy Simpson, was also there along with
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Board Member Terri Dallman (Dallman). Flores berated me for approximately 90

minutes in front of the NEA representative and Board Member Dallman in an
attempt to pressure me into reversing my decision. She then allowed the NEA
representative to try to pressure me to use the District reserves for teacher raises.
After two hours, I finally left Flores’ house, over her objection, advising her that
her behavior was inappropriate. She later cried and apologized for her behavior,
which is a common tactic used by Flores after she conducts herself inappropriately.

o On July 23, 2019, during a meeting with Flores and another board member,
Dallman, to review the board meeting agenda, which was also attended by my
subordinate, Deputy Superintendent of Instruction, Dr. Steven Sanchez, Flores
expressed her disagreement with my decision to move Executive Director, Dr.
Jennifer Hahn, from Bilingual/Title III Programs to Title 1 Programs, and alleged
that I had forced her to leave the District. I excused my staff member, then
explained that Dr. Hahn had left on her own accord, told her Associate
Superintendent that she was actively looking for another position, and again
explained how inappropriate her behavior was to question me in front of my staff.
Again, she cried and apologized for her behavior. Dallman, who is close to Flores,
acknowledged to me that Flores’ behavior was inappropriate during that meeting.

o Flores has engaged in direct communication with the District’s school principals
and central office staff about their work duties, giving directives, soliciting
documents, scheduling meetings, and conducting walk-through visitations, without
obtaining prior authorization from me or even informing me of her actions, before
or after the fact. There is evidence of her communication in District emails and
possibly on her personal cell phone in the form of texts or on her personal email
account.

o Flores has engaged in numerous conversations with employees regarding the job
performance of other employees, specifically, stating that she does not approve of
an employee’s job performance, using derogatory name-calling, and participating
in “gossip” about employees’ personal life, home situation, and even sexual
orientation. For example, she has repeatedly made false statements that I am having
a romantic relationships with a subordinate employee, a member of NEA, and even
questioned me about the sexuality of members of my own executive cabinet by
making assumptions about the employees’ sexual orientation and invading their
privacy. She has also referred to an employee as a “misogynist,” even though no
complaints have been filed against him and no investigation has confirmed her
statements.

o Flores has failed to perform her duties as a board member and used her position in
an attempt to insert her own method of thinking, wishes, and demands regarding
the HR components of my job duties, such as hiring, movements, reassignments,
non-renewals, and discharges. For example, two employees’ contracts were
proposed for non-renewal during my tenure with LCPS. In each situation, Flores
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informed me of her disagreement with my proposals for non-renewal. Then, rather

than attend the formal hearing process and hear the evidence, she refused to attend
the board hearings on the non-renewals.

 Flores has engaged in the continuing action of questioning me and making comments to
others and me about my sexual orientation and personal life. Flores has created a hostile
work environment by discussing my sexual orientation with me and others and repeatedly
making comments and gossiping to others about my sexual orientation. Recent examples
include the following:

o I am gay and recently lost a dear friend suddenly. The board president and Flores
were aware of my sexual orientation and this tragedy, as I personally informed them
of what happened and advised them that I would be traveling to attend his services.
Despite this knowledge, in late May 2019, as Flores and I were lining up to walk
into the evening high school graduation ceremony, Flores informed me that she had
just received a call from a teacher, who said I was sleeping with a subordinate
employee of the District. I reminded Flores that I was still grieving the recent loss
of my friend, that the teacher’s alleged statement was false, and that her accusing
me of such conduct as I was walking into the graduation ceremony was very
inappropriate.

o On July 23, 2019, in a meeting with Flores, Dallman, and the Deputy
Superintendent for Instruction, Dr. Steven Sanchez, Flores said that my alleged
sexual relationship with a male subordinate employee (which is false), was creating
issues for the District in the same way that a former superintendent’s inappropriate,
admitted sexual relationship with a female subordinate, had done in the past. After
excusing my subordinate from the meeting, I again informed Flores that her
statement about an alleged sexual relationship with a subordinate was false and her
making that false allegation in front of my subordinate employee was inappropriate
and would no longer be tolerated. She cried and apologized for her behavior.

Importantly, if Flores had a legitimate concern about my having an inappropriate sexual

relationship with a subordinate, she should have followed District policy and procedures
to report her concern and request an investigation. To my knowledge, she never did so.
She chose, instead, to harass me by making inappropriate statements to others and me about
my sexual orientation, making false statements about my alleged sexual relationship(s),
and my personal life. This compromised my reputation and negatively affected the terms
and conditions of my employment.

 Flores utilizes her own personal email account to conduct school business, have
conversations with, and obtain information from, employees about District business. Upon
my arrival at the District, I established a District email account for all board members to
use, in order to stop the practice of creating public documents in private accounts and
devices. To my knowledge, all board members except Flores utilize those accounts.
Despite repeated requests from me, Flores continues to engage in this practice and has told
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me that she does not trust the “system” having access to her “private conversations” about
District business. This use of a personal account for District business undermines my
authority and also denies the District access to her email, including when the District
receives Information and Public Records Act (IPRA) requests. It also potentially violates
the Open Meetings Act (OMA).

 Flores regularly utilizes her personal cell phone for the purpose of texting, calling, and
emailing constituents, District employees, and other board members and despite my
repeated requests to follow the law and District policy. This use of a personal electronic
device, with an intention to circumvent District access, undermines my authority and also
denies the District access to her communications, including when the District receives
IPRA requests. It also potentially violates the OMA.

 Flores engages in conversations with another board member, Dallman, to the point that I
am gravely concerned that they predetermine their vote prior to the official vote in public,
in violation of the OMA. The most recent example was a recent board vote regarding a
modest raise for me, a few days after I formally complained of Flores’ discriminatory
conduct. The vote was a roll call vote and was video recorded and posted on the District
webpage. Dallman voted “abstain” and then Flores voted exactly the same, which was
quite an anomaly from past voting practices of a normal 5-0 board vote. Flores’ abstention
was even more unusual because Flores had told me prior to my formal complaint that she
wanted me to have the raise. It does not appear to be coincidence that the two board
members abstained who were involved in the last incident that led to my formal complaint
against Flores.

 Flores has attempted on more than one occasion to steer the RFP process for securing an
outside consultant to work for the District. Specifically, on two separate occasions, Flores
invited me to her house and, in coordination with New Mexico House Representative,
Noreen Gallegos, exhibited undue pressure on me to retain the services of Representative
Gallegos’ husband as a lobbyist for the District. I refused to give in to the pressure and the
third time it occurred was at the residence of Gallegos, who was hosting an LESC reception
with Flores present. I reported this incident externally. My understanding is that the issue
was reported through my source to the New Mexico Speaker of the House. I do not have
personal knowledge of what occurred after my report, except that Representative Gallegos
has refused to speak to me since my report.

 Flores has participated in retaliatory and discriminatory behavior when she did not agree
with a decision of mine, including outside of work contacts, meetings, vacations, and
personal lifestyle.

o As discussed herein, after I raised a formal claim of discrimination to the District

based on Flores’ behavior, Flores and Dallman refused to look at me or speak to
me at the board meeting following my complaint.
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o As discussed herein, after I raised a formal claim of discrimination to the District

based on Flores’ behavior, Flores and Dallman abstained from voting for a modest
raise for me, despite strong performance and Flores’ prior statement that she was
in favor of my raise.

In the spirit of full disclosure, please be advised that I also intend to submit a formal charge of
discrimination and retaliation with the New Mexico Human Rights Division and the Equal
Employment Opportunity Commission. Legal counsel for LCPS has been notified to preserve
evidence and secure all communications from all types of devices, email accounts, personal cell
phones, etc., to ensure the integrity of the District’s records.

I am available to discuss any of these issues at any time. After the announcement of my
resignation, I was placed on paid administrative leave until September 9, 2019. Therefore, the best
way to reach me is (404)538-8017 or greg_spqr@yahoo.com.

Thank you for your time and consideration. I look forward to hearing from you.