2026-09-08 · Board Packet · Page 44

•
  
Role-based
 
exceptions
 
in
 
New
 
Jersey
 
and
 
Oklahoma
 
that
 
exclude
 
per
 
diem
 
substitute
 
teachers,
 
student
 
employees,
 
and
 
emergency
 
substitutes
 
from
 
standard
 
anti-nepotism
 
restrictions;
 
and
 
•
  
Role-based
 
divisions
 
in
 
states
 
like
 
Arkansas,
 
which
 
allow
 
the
 
hiring
 
of
 
relatives
 
for
 
essential,
 
non-administrative
 
support
 
staff
 
roles
 
(such
 
as
 
school
 
bus
 
drivers
 
or
 
custodians)
 
under
 
open
 
board
 
approval,
 
while
 
maintaining
 
strict
 
prohibitions
 
for
 
administrative
 
and
 
leadership
 
positions;
 
WHEREAS,
 
the
 
only
 
current
 
New
 
Mexico
 
exception
 
for
 
board
 
member
 
relatives
 
is
 
limited
 
strictly
 
to
 
school
 
districts
 
with
 
fewer
 
than
 
500
 
students
 
where
 
the
 
superintendent
 
can
 
submit
 
proof
 
of
 
a
 
staffing
 
emergency
 
to
 
the
 
New
 
Mexico
 
Public
 
Education
 
Department,
 
leaving
 
a
 
vast
 
majority
 
of
 
small
 
and
 
medium-sized
 
districts
 
without
 
any
 
statutory
 
relief;
 
WHEREAS,
 
procedural
 
firewalls—such
 
as
 
mandatory
 
recusal
 
from
 
voting,
 
discussing,
 
nominating,
 
or
 
lobbying
 
on
 
a
 
relative's
 
employment,
 
coupled
 
with
 
independent
 
superintendent
 
hiring
 
autonomy—reduce
 
the
 
risk
 
of
 
conflicts
 
of
 
interest
 
and
 
cronyism
 
without
 
sacrificing
 
district
 
staffing
 
needs;
 
WHEREAS,
 
New
 
Mexico
 
Statute
 
NM
 
Stat
 
§
 
10-1-10
 
(2021)
 
already
 
establishes
 
a
 
clear
 
statutory
 
precedent
 
for
 
board
 
member
 
recusal
 
when
 
voting
 
on
 
official
 
matters
 
that
 
directly
 
impact
 
their
 
spouses;
 
NOW,
 
THEREFORE,
 
BE
 
IT
 
RESOLVED,
 
that
 
the
 
Los
 
Alamos
 
Public
 
School
 
Board
 
formally
 
petitions
 
and
 
calls
 
upon
 
the
 
New
 
Mexico
 
State
 
Legislature
 
to
 
amend
 
NM
 
Stat
 
§
 
22-5-6
 
to
 
authorize
 
practical,
 
structured
 
exemptions
 
and
 
administrative
 
waivers
 
to
 
the
 
school
 
board
 
anti-nepotism
 
restrictions
 
based
 
on
 
district
 
enrollment,
 
role-based
 
categories,
 
and
 
superintendent
 
justification
 
of
 
qualifications
 
and
 
applicant
 
pool
 
limitations;
 
and
 
BE
 
IT
 
FURTHER
 
RESOLVED,
 
that
 
the
 
proposed
 
legislative
 
amendments
 
establish
 
the
 
following
 
specific,
 
structured
 
waiver
 
and
 
exception
 
frameworks:
 
1.
 
The
 
'Only
 
Qualified
 
Candidate'
 
Shortage
 
Waiver:
 
Permitting
 
local
 
school
 
boards
 
to
 
hire
 
a
 
board
 
member's
 
relative
 
upon
 
demonstrating
 
that
 
a
 
rigorous,
 
open
 
search
 
was
 
conducted
 
and
 
that
 
the
 
relative
 
is
 
the
 
only
 
qualified
 
and
 
available
 
applicant
 
for
 
the
 
position;
 
2.
 
Role-Based
 
Exemptions:
 
Excluding
 
per
 
diem
 
substitute
 
teachers,
 
student
 
employees,
 
and
 
essential
 
non-administrative
 
support
 
staff
 
(such
 
as
 
bus
 
drivers
 
and
 
custodians)
 
from
 
the
 
initial
 
hiring
 
prohibition,
 
subject
 
to
 
open
 
board
 
review;
 
3.
 
Expanded
 
Student
 
Enrollment
 
Exemption:
 
Expanding
 
the
 
enrollment-based
 
staffing
 
emergency
 
waiver
 
to
 
include
 
mid-sized
 
school
 
districts
 
that
 
demonstrate
 
recruitment
 
hardships
 
in
 
counties
 
with
 
fewer
 
than
 
35,000
 
residents;
 
and
 
 
BE
 
IT
 
FURTHER
 
RESOLVED,
 
that
 
all
 
proposed
 
waivers
 
and
 
exceptions
 
must
 
be
 
documented
 
by
 
the
 
local
 
superintendent,
 
approved
 
by
 
a
 
majority
 
vote
 
of
 
the
 
local
 
school
 
board
 
(with
 
the
 
related
 
member
 
recused),
 
and
 
formally
 
authorized
 
or
 
endorsed
 
by
 
the
 
New
 
Mexico
 
Public
 
Education
 
Department
 
(NMPED)
 
or
 
authorizing
 
State
 
Education
 
Authority
 
prior
 
to
 
the
 
finalization
 
of
 
any
 
hiring
 
process,
 
thereby
 
ensuring
 
absolute
 
transparency,
 
accountability,
 
and
 
the
 
preservation
 
of
 
public
 
trust.
 
Adopted
 
by
 
the
 
Los
 
Alamos
 
Public
 
Schools
 
Board
 
of
 
Education
 
this
 
8th
 
day
 
of
 
September,
 
2026.
 
Page
 
2