N.M. Admin. Code § 6.20.3.8

Current through Register Vol. 35, No. 24, December 23, 2024

Section 6.20.3.8 - REQUIREMENTS

A. The following procedures will be adhered to if a local board or charter school intends to use public funds to make payment pursuant to a settlement agreement entered into with an administrator as a result of a contract termination.

(1) As soon as it becomes apparent that a local board or charter school intends to take such action, the board or the superintendent will immediately notify the secretary of such an intention in writing.

(2) No amount of money from the school district or charter school's budget will be allowed to be paid pursuant to any settlement agreement which does not have the prior written approval of the secretary or his/her designee. Any request for approval by the secretary must be accompanied by a detailed statement outlining:

(a) the dispute between the local board and the administrator;

(b) a description of the negotiations leading to the settlement agreement;

(c) a detailed accounting of the damages which have been or may be incurred, including any setoff due to the administrator's mitigation of any damages;

(d) a copy of all pleadings to be filed with the court relative to the dispute; and

(e) a copy of the administrator's current employment contact.

B. In addition, 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.

C. No settlement agreement may provide for, nor may any local school board permit, the payment of any funds until the secretary has issued written approval of the settlement. This prohibition does not include compensation or benefits that the administrator has earned and is otherwise entitled by applicable rule, policy or employment agreement.

N.M. Admin. Code § 6.20.3.8

01-15-99; 6.20.3.8 NMAC - Rn, 6 NMAC 2.2.4.8, 12-29-00; A, 3-15-07