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Legal settlements rob us of real resolution

Walt Rubel

COMMENTARY: The costs of former Superintendent Greg Ewing’s mismanagement of the Las Cruces school district keep mounting.

It was confirmed last week that the school district has reached a $350,000 settlement in the lawsuit filed by Elizabeth Marrufo, a 30-year employee of the school district who had been the director of its Human Resources Department.

That comes on top of a $250,000 settlement paid to former Head Start program facilitator Lilliam Duran, bringing the total thus far to $600,000, with more lawsuits working their way slowly through the system.

Legal settlements are often the least expensive remedy for bad behavior by high-ranking officials, but they are incredibly frustrating because we never get a full airing of the evidence.

Those responsible for causing the lawsuits are never forced to admit their mistakes and change their behavior. The more typical reaction is to blame the state agency - in this case the New Mexico Public Schools Insurance Authority - that reviewed the case and decided to settle.

Ewing resolved the problem for the school district by resigning on his own. But to this day, the school board has not acknowledged that there ever was a problem. Perhaps that’s understandable, given how recently they had awarded him a salary increase and contract extension. But those unwilling to admit mistakes are often doomed to repeat them.

Meanwhile, the lawsuits against the district keep coming.

Jo Galvan Nash, former communications director for the district, filed a lawsuit in late December, with allegations that are remarkably similar to Marrufo’s. Both were longtime employees of the district, who were well liked and respected. Marrufo alleges that Ewing got angry and retaliated against her when she refused to go along with his plan to illegally fire district employees. Galvan alleges that Ewing got angry and retaliated against her when she refused to block legal requests for public records.

I don’t know specifically which public records he attempted to block, and will likely never find out if there’s another settlement. But I do know that multiple requests for documents showing the number of employees placed on administrative leave under Ewing were improperly denied.

I don’t know Marrufo or any of the other former employees suing the district, but I do know Galvan Nash a little bit, as she was the district employee who dealt most frequently with the press. From what I know, she would not have turned a blind eye to blatant violations of the Open Records Act. The daughter of former Judge Joe Galvan, she always took those requests seriously.

Beyond just the open records requests, I always thought Galvan handled the job of press officer as well as anybody who I’ve come in contact with over several decades of reporting. She was the public voice of the school district through some pretty turbulent times, and was always able to present issues in the best light possible, without altering the facts. She was trusted by the reporters who covered the school district, and that is not always the case, especially in times of controversy.

I suspect that the school district will be poorer for the loss of both women, and not just monetarily.

On that front, there are other lawsuits still to be dealt with. Kathy Norris, a retired teacher and principal; and Jamie Vance, also a former principal, both have lawsuits pending against the school district. And, Tina Gonzalez, a former executive assistant, has taken the necessary steps toward filing a lawsuit.

My hope is that at least one case will go to trial. But my fear is that all will be settled and then forgotten.

Walter Rubel can be reached at waltrubel@gmail.com