2026-09-08 · Board Packet · Page 43

LOS
 
ALAMOS
 
PUBLIC
 
SCHOOLS
 
BOARD
 
OF
 
EDUCATION
 
Resolution
 
1
 
on
 
Nepotism
 
Waivers
 
 
A
 
RESOLUTION
 
PROPOSING
 
AMENDMENTS
 
TO
 
NM
 
STAT
 
§
 
22-5-6
 
TO
 
ESTABLISH
 
STATUTORY
 
NEPOTISM
 
WAIVERS
 
AND
 
EXCEPTIONS
 
TO
 
ADDRESS
 
CRITICAL
 
STAFFING
 
SHORTAGES
 
Presented
 
to
 
the
 
New
 
Mexico
 
State
 
Legislature
 
and
 
the
 
New
 
Mexico
 
School
 
Board
 
Association
 
Septembert
 
2026
 
WHEREAS,
 
New
 
Mexico
 
Statutes
 
Chapter
 
22
 
(Public
 
Schools),
 
Section
 
22-5-6
 
(2025)
 
prohibits
 
a
 
local
 
superintendent
 
from
 
initially
 
employing
 
or
 
approving
 
the
 
initial
 
employment
 
in
 
any
 
capacity
 
of
 
a
 
person
 
who
 
is
 
the
 
spouse,
 
father,
 
father-in-law,
 
mother,
 
mother-in-law,
 
son,
 
son-in-law,
 
daughter,
 
daughter-in-law,
 
brother,
 
brother-in-law,
 
sister,
 
or
 
sister-in-law
 
of
 
a
 
member
 
of
 
the
 
local
 
school
 
board
 
or
 
the
 
local
 
superintendent;
 
WHEREAS,
 
while
 
the
 
current
 
New
 
Mexico
 
statute
 
permits
 
a
 
local
 
school
 
board
 
to
 
waive
 
the
 
nepotism
 
rule
 
for
 
family
 
members
 
of
 
a
 
local
 
superintendent,
 
it
 
provides
 
no
 
corresponding
 
mechanism
 
or
 
waiver
 
process
 
for
 
the
 
family
 
members
 
of
 
elected
 
local
 
school
 
board
 
members,
 
and
 
restricts
 
grandfathered
 
continuous
 
employment
 
protections
 
solely
 
to
 
individuals
 
employed
 
on
 
or
 
before
 
July
 
1,
 
2008;
 
WHEREAS,
 
rigid
 
anti-nepotism
 
regulations,
 
while
 
designed
 
to
 
prevent
 
conflicts
 
of
 
interest
 
and
 
cronyism,
 
can
 
inadvertently
 
cause
 
severe,
 
emergency
 
staffing
 
shortages—particularly
 
in
 
rural,
 
specialized,
 
or
 
smaller
 
school
 
districts—leaving
 
critical
 
classroom
 
and
 
support
 
positions
 
vacant;
 
WHEREAS,
 
twenty
 
(20)
 
counties
 
in
 
New
 
Mexico
 
have
 
populations
 
of
 
fewer
 
than
 
35,000
 
residents,
 
and
 
these
 
less
 
populous
 
school
 
districts
 
face
 
significantly
 
greater
 
recruitment
 
barriers
 
compared
 
to
 
larger
 
counties
 
due
 
to
 
smaller
 
local
 
populations
 
and
 
limited
 
geographical
 
appeal,
 
creating
 
a
 
severely
 
constrained
 
applicant
 
pool;
 
WHEREAS,
 
the
 
current
 
New
 
Mexico
 
nepotism
 
statute
 
disproportionately
 
penalizes
 
smaller
 
school
 
districts
 
by
 
preventing
 
them
 
from
 
hiring
 
highly
 
qualified
 
applicants
 
in
 
situations
 
where
 
no
 
other
 
applicants
 
are
 
available
 
to
 
fill
 
vital
 
educational
 
and
 
operational
 
roles;
 
WHEREAS,
 
families
 
with
 
a
 
deep-seated
 
history
 
of
 
service
 
and
 
dedication
 
to
 
public
 
education,
 
local
 
communities,
 
and
 
school
 
districts
 
are
 
frequently
 
the
 
most
 
willing
 
to
 
serve
 
on
 
local
 
school
 
boards,
 
yet
 
current
 
statutory
 
barriers
 
prohibit
 
or
 
restrict
 
these
 
community-minded
 
individuals
 
from
 
serving
 
their
 
districts
 
if
 
a
 
family
 
member
 
is
 
employed
 
there;
 
WHEREAS,
 
other
 
states
 
have
 
successfully
 
established
 
safe
 
harbors,
 
exceptions,
 
and
 
administrative
 
waivers
 
to
 
resolve
 
similar
 
staffing
 
conflicts,
 
including:
 
•
  
New
 
Jersey's
 
'Only
 
Qualified
 
Candidate'
 
waiver,
 
allowing
 
districts
 
to
 
hire
 
a
 
board
 
member's
 
relative
 
if
 
they
 
obtain
 
a
 
waiver
 
from
 
the
 
Executive
 
County
 
Superintendent
 
proving
 
a
 
thorough
 
job
 
search
 
was
 
conducted
 
and
 
the
 
relative
 
is
 
the
 
only
 
qualified
 
and
 
available
 
candidate;
 
•
  
Oklahoma's
 
Student
 
Enrollment
 
Exception,
 
which
 
exempts
 
districts
 
with
 
an
 
Average
 
Daily
 
Membership
 
of
 
fewer
 
than
 
400
 
students
 
from
 
certain
 
nepotism
 
restrictions
 
and
 
permits
 
hiring
 
relatives
 
within
 
the
 
second
 
degree
 
of
 
consanguinity
 
under
 
an
 
official
 
local
 
board
 
policy;