9-19-2023 5:43pm

Settlement with Dr Moore Submitted to 12th Judicial District $327,000 Payout

Chris Edwards Editor

The Flickinger Center and Lori Black filed a lawsuit against the Alamogordo Superintendent of Schools Dr. Kenneth Moore, the Board of Education of Alamogordo Public Schools and the records keeper in response to IPRA requests which were allegeley not completed timely or completely.

The goal of the lawsuit per insiders at Flickinger Center, that asked not to be named, but spoke with us off the record; was a settlement for damages to Flickinger and Lori Black, the removal of the school superintendent Dr. Moore from a leadership role and getting the kids from the local school system back engaged with free entertainment offerings for kids at the Flickinger Center.

AlamogordoTownNews.com spoke to several officials off the record at the school system and it was stated that the lawsuit could have been avoided had the leadership of the board of Flickinger and the leadership of the School Board met in person. At no time did the president of Flickinger nor board members with authority meet with the leadership of the school board. Instead a lawsuit was filed with Lori Black taking the lead. Several Flickinger Center Board members said they were unaware of the lawsuit until the read the press accounts of it in AlamogordoTownNews.com. Further, several Flickinger board members said (but did not want to be named for fear of reprisals), there were statements of fact outlined in the lawsuit that "were not facts" statements that were referred to that were allegedly "outright untrue," certain board members asked that certain statements referenced be deleted from the lawsuit. However, the suit had been filed and the attorneys claimed it was too late for a retraction of alleged statements or alleged allegations of fact.

The Flickinger Center has won in a sense; as the case has not yet gone to court and Dr. Moore the superintendent that was targeted was put on paid administrative lead.

The board of Flickinger and Lori Black did win the victory of Dr. Moore not returning to the system in active duty. But the victory is at a significant cost to the school system in the form of a payout of $327,000 dollars. Mr. Moore worked 8 months. Not a bad payout for 8 months work.

That money could have gone a long way toward teachers salaries, enhanced student offerings, services for our local youth but no, its a payout and a settlement.

Flickinger and Lori Black won a victory or one of their goals; Dr. Moore is about to be gone permanently. However the Alamogordo Public School Students, local taxpayers and the System lost nearly half a million dollars in the process.

In a matter filed before the courts of the Twelfth Judicial District is Request for Approval of Settlement Pursuant to 6.20.3 NMAC case Ng -1215- CV-2023-00685.

Per the filing: "The Board of Education of the Alamogordo Public Schools, located in Otero County, New Mexico (“Alamogordo Public Schools” or the “District’) pursuant to NMAC§ 6.20.3.8(B), petitions the Court to approve the Settlement Agreement and Mutual Release in Full and Indemnification Agreement (“Agreement”) attached hereto as Exhibit 1. The Agreement is between the District and Dr. Kenneth R. Moore, the Superintendent of the District. Dr. Moore, through his counsel, Dr. Vanessa de Leon, concurs in this Petition.

As set out in the Agreement, Dr. Moore and the District agree that it has become difficult for the parties to effectively perform their jobs in a manner that is beneficial to the students, employees and community of the District. For this reason, the parties desire to sever the employment relationship.

Section 6.20.3 NMAC requires that the Secretary of the Public Education Department approve any such settlement. Section 6.20.3. 8

(B) states that “the approval of a court of competent jurisdiction will be required, and a copy of the court approved settlement agreement shall be submitted to the secretary.”

The Secretary of the Public Education Department will also review the Agreement, contingent upon approval by this Court. This Court would have jurisdiction over any dispute between the District and Dr. Moore and is therefore a “court of competent jurisdiction.”

Dr. Moore and the District believe that the Agreement is in the best interest of the District and its students for the following reasons:

Dr. Moore’s current contract term does not end until June 30, 2025, and the initial base annual salary for Dr. Moore for the contract was $163,710.00 plus benefits for a total in contract exposure likely in excess of $327,000.00.

Dr. Moore and the District have determined that it is in the best interests of both parties to reach an amicable settlement where Dr. Moore will no longer be Superintendent, the District will pay Dr. Moore a lump sum, and the District will accept Dr. Moore’s voluntary resignation effective July 1, 2023.

An involuntary severance of the employment relationship between Dr. Moore and APS would be a “discharge” pursuant to NMSA 1978, Section 22- 10A-2, and under NMSA 1978, Sections 22-10A-27 and -28, Dr. Moore would be entitled to administrative and judicial processes before the discharge could be accomplished. These processes are costly and would require expenditure of District resources.

Per the state law if the school board were to "discharge" Mr. Moore the judicual process could run into the hundreds of thousands of dollars. The submitted agreement is the best the system can do to mitigate financial exposure if it is to not allow Mr. Moore to continue his term under the employment contract. Obviously, the school board is yielding to pressure from Mrs. Black, Flickinger and the supporters of the lawsuit and are attempting to find a way out of the contract with the least financial exposure possible.

Per the settlement agreement filed: "The District and Dr. Moore, recognizing the potential for these significant costs to each, and also recognizing that neither is guaranteed to prevail in a discharge proceeding or any subsequent litigation, have reached an amicable settlement, which is set out in Exhibit 1. WHEREFORE, for the reasons stated above, the parties request that the Court approve the Agreement reached between the parties as reflected on Exhibit 1, and for such other and further relief consistent therewith as the Court may deem just and proper.

Dated: August 28, 2023 Respectfully submitted, Cuddy & McCarthy LLP

The case has been filed for approval with the local judiciary, upon approval the state authorities will approve the settlement and then Dr. Moore is then yet another costly footnote to the history of Alamogordo.

The lawsuit filed by Lori Black and the Flickinger Center is still pending. School Board elections are scheduled for November 7th, 2023.

The Local Republican leadership has hosted several sessions with the Moms of Liberty for guidance and work with certain candidates seeking a role as a Alamogordo School Board Member.

Moms for Liberty is an American conservative political organization that advocates against school curricula that mention LGBTQ rights, race and ethnicity, critical race theory, and discrimination. Multiple chapters have also campaigned to ban books that address gender and sexuality from school libraries.

The local Democrats of Otero County is still under internal investigation of its leadership by the Democratic Party of New Mexico. Thus the local leadership is not engaged in any official organizing nor candidate activities, nor campaigns related to the school board election in Otero County.

Independent of the official party some independents and formerly engaged Democrats as private individuals are attempting to assist in a nonpartisan effort to ensure an informed voter turnout.