Case Details Emerge of Flickinger Center & Lorrie Black v Alamogordo Public Schools and Dr Kenneth Moore

More details have emerged on the lawsuit filed by Lorrie Black and the Flickinger Center against the Alamogordo Public Schools and Dr Kenneth Moore. The case is seeking relief for an alleged violation of the right to exercise free speech, a violation of due process and equal protection, a violation of the access to public records act, unlawful retaliation from a public records request, defamation of the character of Lorrie Black by Dr. Moore.

A link is included in the article of the complete 34-page complaint.

https://drive.google.com/file/d/1hs69JUvMV3SZeDleE2YkOVshC38GoJ8P/view?usp=sharing

The Alamogordo Public School Board is going into a special executive session which is the legal process for a government body to discuss the litigation and process with those impacted directly.

Per a press release from the Alamogordo Public Schools…

“The Alamogordo Public Schools Board of Education will hold an Executive Session on Sunday, February 12, 2023, at 1:00 p.m. at 1211 Hawaii Avenue, Alamogordo, New Mexico.

• Pursuant to (a) NMSA 1978, § 10-15-1 (H)(7), discussion of matters subject to the attorney-client privilege pertaining to threatened or pending litigation in which the Board is or may become a participant; and (b) NMSA 1978, § 10-15-1 (H)(2), discussion of the hiring, dismissal, resignation and/or the investigation or consideration of complaints or charges against public employees.

The Executive Session is not open to the public. No action will be taken by the Board during the Executive Session.

Commencing immediately following the Executive Session, the Alamogordo Public Schools Board of Education will hold an in person only Special Board Meeting on Sunday, February 12, 2023, in the Board Meeting Room at 1211 Hawaii Avenue, Alamogordo, NM. The agenda for this meeting is available at the link below.

The Special Board Meeting is open, in person only, to the public.

Special Board Meeting Agenda”

The backgrounder on the complaints highlights the following points…

On or about June 21st, 2021, Lorrie Black emailed all board members concerning critical race theory and transgendered sports. Only 1 board member responded to her. The complaint continues that on August 8th, 2021, she again emailed all board member concerning vaccines and masks and again the same single board member was the only one to respond.

The lawsuit then continues that on August 8th “a group” rented the Flickinger Center the group was very concerned about a school board meeting where parents were not allowed to speak and participate nor ask board members questions.

On February 6th, 2022, per the lawsuit Lorrie Black emailed the School System an IPRA (Inspection of Public Records Act) requesting information concerning Surety Bonds for Dr. Keith Moore and members of the Board of Education.

Note what she was requesting is information on a ” Public Official Bond” is a type of surety bond that serves as a statutory obligation requiring faithful performance, fidelity, and integrity of a public official’s duties to the public.

The bond requires public officers and secondary obligors to pay a fixed amount if they do not faithfully perform their duties in the office. Like all surety bonds, this bond consists of a three-party agreement:

• Principal – Public official
• Obligee – Government or public being served by the official.
• Surety – Bonding company that underwrites the bond and is the secondary obligor.

This bond is one of the oldest forms of written guarantee that requires persons to obtain to qualify for office. In 1792, Congress passed an act that the Office of the Paymaster “shall give bond in the sum of $20,000, with two sufficient sureties, for the faithful discharge of duties.”

Depending on the statutes of a specific jurisdiction, Public Official Bonds may be faithful performance bonds, fidelity bonds, public employee dishonesty bonds, or public employee blanket bonds.

Per the lawsuit on February 16th
Lorrie Black sent a email to Dr Moore explaining she was filing a complaint with the New Mexico Attorney General's Office that she had not received a response to her IPRA request of February 6th.

On February 16th, 2022, Lorrie Black sent another IPRA request concerning information about the board moving meetings to a virtual format verse in person. She received a response in 7 days of which the suit alleges should have been completed within 3 days.

On February 21st, 2022, Lorrie Black sent another IPRA request concerning insurance coverage. Between February and April multiple other IPRA requests were made and correspondence between the board, APS and Mrs. Black.

The lawsuit then outlines an issue and an alleged derogatory conversation by Dr, Moore about a member of the public that made comments at a County Commission Meeting. This conversation was held during an Alamogordo Center of Commerce Meeting.

The lawsuit then outlines the details of a meeting with leadership of the Center of Commerce and leadership of the Alamogordo Public Schools.

The lawsuit then goes into dialog about a Teacher Appreciation Event in partnership with Maingate and the Flickinger Center being a venue to host such an event. The lawsuit goes into details surrounding that event and then alleges that Dr. Moore said the school system could not be a part of the events at Flickinger as it has become an “Ultra Maga Headquarters” the suit also alleges that Dr. Moore had also stated, “Lorrie Black is being let go because of misappropriation of funds at Flickinger Center.”  The rumor is false as per the board leadership of Flickinger. 

The lawsuit then goes into a number of conversations and “he said,” “she said” about conversations related to Lorrie Black, Maga Headquarters and why a teachers appreciation event should not be hosted at Flickinger and a summation of a Maingate Meeting that went sideways at best.

The lawsuit then goes into details of a number of other situations where Dr. Moore and his policies were in conflict with desired outcomes of the Flickinger Center.

All of this background can be found along with the complaint at the link below…

The case is seeking relief for a violation of the right to exercise free speech, a violation of due process and equal protection, a violation of the access to public records act, unlawful retaliation from a public records request, defamation of the character of Lorrie Black by Dr. Moore.

KALH Radio and AlamogordoTownNews.com has reached out to both Lorrie Black and Dr Moore. We have had no return contact from Lorrie Black. The school district did respond that they cannot comment on litigation matters. 

Commentary of thoughts:

Regardless of the outcome of the case, all regional school children should have access to the community of arts and artisan events at the various New York Avenue and Otero County venues. The leadership teams of the schools and the leadership of the Flickinger, should have found a way to resolve these issues WITHOUT litigation.

Litigation is a WASTE of dollars from donors at the Flickinger and defense against a lawsuit is a waste of taxpayer dollars.

Alamogordo is a small community and there is enough negativity without us turning on one another. It’s time the adults in the room step up and community leaders quit with political theatrics, and we learn to build bridges of understanding and collaboration regardless of party, ethnicity, religious thought or beliefs and create an ALL inclusive, safe and thriving community.

A link to the complaint is below. https://drive.google.com/file/d/1hs69JUvMV3SZeDleE2YkOVshC38GoJ8P/view?usp=sharing

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