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Board approves employee indemnification and enters executive session on litigation with PED
Summary
The Gallup‑McKinley County Schools board voted to certify indemnification for employees acting within scope of employment and voted to enter an executive session under the Open Meetings Act to discuss pending litigation the district initiated against the Public Education Department.
The Gallup‑McKinley County Schools Board of Education approved a motion to formally certify indemnification of employees acting within the course and scope of their employment and then moved into an executive session to discuss pending litigation with the district's attorney.
Board Member Priscilla Benally moved the motion to "approve the formal certification, to indemnify employees under the law when acting in course and scope of employment for Gallup McKinley County Schools." Michael Schaff seconded the motion. The clerk performed a roll call vote; the recorded votes were: Kevin Mitchell — Yes; Priscilla Benally — Yes; Michael Schaff — Yes; Vice President Long — Yes; President Mortensen — Yes; Michael Shaw — Yes. The motion passed.
Shortly after, Board Member Michael Schaff moved that the board adjourn to an executive session "pursuant to section 10‑15‑1(H)(7) of the Open Meetings Act to discuss with the school district's attorney the review of all pending or threatened litigation in which the school district is a party, and to apply best practices to the continued litigation under the attorney‑client privilege in anticipation of and to prevent further litigation." Priscilla Benally seconded. The board recorded the same affirmative roll call. During the executive session the board said no action would be taken and that the discussion would be limited to the listed litigation: the pending litigation initiated by the district against the Public Education Department.
The board later exited executive session and repeated the roll call to confirm return to open session; no public action was taken regarding litigation at that time. The meeting adjourned after a recorded motion and second to adjourn.
Nut graf: The board exercised two formal actions: approving employee indemnification with a unanimous roll call and invoking an executive‑session exception in the Open Meetings Act to discuss pending litigation against the PED; the executive session was conducted under attorney‑client privilege and produced no publicly reported action.
Ending: The board adjourned following the executive session. The district provided no additional public details about the litigation in open session.
