How in the world can APS District and APS School Board continue down this wrong path? What does it take for them to realize they are causing their own problems and destroying employees along the way? The string of “bodies” continues to be revealed without ANY apparent obvious concern by the ones doing the harm.
Another lawsuit was filed against the “Board of Education of Alamogordo Public School District, Alamogordo Public Schools, Dr Kenneth Moore, as Superintendent of the Alamogordo Public Schools, Individually, and Colleen Tagle, as Deputy Superintendent of Operations/Human Resources.” It is a “Complaint for Damages for Breach of Contract, Violation of Statutory and Constitutional Rights and Motion under the New Mexico Uniform Arbitration Act for Judicial Relief” brought by Mr Dale Lindley, Jr. filed 10/2/2023. This is a second lawsuit covering a different time period and additional actions by Alamogordo Public Schools et al.
Mr Lindley was protected by the Collective Bargaining Agreement prohibiting discipline without just cause. His contract of employment with APS also stated he could not be discharged without cause. Further, he had statutory rights under the School Personnel Act, 22-10A-1 et seq., NMSA 1978 as a tenured employee. In light of all of the above protections, APS “bulldozed” ahead violating proper procedures and violating Mr Lindley’s rights to defend himself and prevent him from any earnings etc due him. EVERYONE has a right to due process. That is one of the most valued rights we have…the right to defend ourselves against an accusation.
It is not known if Mr Lindley was on the rumored APS “Hit List” or not. That is another issue. One thing is certain is that his mistreatment by APS and Colleen Tagle follows the standard method and pattern of operation that many educators and employees of APS have experienced. This pattern can be found in “APS Employment Actions – It’s Always The Procedures Or Cover Up That Will Cause The Problems.” Don’t forget the problem that Tularosa Supt Todd Lindsay had to straighten out that was once again caused by Colleen Tagle. “The APS Underbelly – How The Board And Administration Take Down Employees.” These articles and lawsuits tell of the same treatment of APS teachers and employees at the hands or direction of Colleen Tagle operating as Deputy Supt of Operations/Human Resources. But unfortunately, there is more: “Alamogordo Public Schools – “Teachers Are A Dime A Dozen.”
To complicate matters further, Mr Lindley was not given the information he needed to defend himself. He did not know why he was put on Admin Leave. It was never stated. On top of that the NEA representative was not given the information in order to assist him. Who does this nonsense? This is not a game! You don’t mess with someone’s life in this manner but it appears Colleen Tagle and Supt Moore, according to the lawsuit do without hesitation.
Considering the amount of money APS spends on legal fees related to personnel issues, it begs the question “What guidance are they receiving from their constantly consulted law firm, Cuddy and McCarthy?” Knowing the exceptionally high number of consultations with this law firm and resulting fees regarding personnel issues, have they not given APS guidance on preventing filed complaints and lawsuits? Is this not part of their job to keep APS out of trouble? Perhaps instruct them on the requirement of following policies, procedures, and due process in HR actions? This law firm is listed by the New Mexico School Board Association and implied as a “go-to” law firm familiar with school district issues.
Although the investigation was seemingly completed shortly after the last entry on October 27, 2021, it was not until June 22, 2022, two days prior to the School Board hearing, Mr Lindley was given the investigator’s report with names and substance of the claims made against him. Although each time the investigative report was written and increased in page length, Ms Tagle was told by Mrs Scott, HR Coordinator, and the investigator “there were not sufficient allegations for discharge or termination, Colleen Tagle instructed the investigator to ‘dig up’ something else about Lindley.”
Dr Moore, too, went so far as to “submit a Licensure Complaint against Mr Lindley to the New Mexico Public Education Department on April 4, 2022.” That complaint “was well past the deadline of thirty (30) days as required by PED because the full investigation was completed in October 2021.” “After an independent arbitrator ordered on Sept 26, 2022, that Lindley be reinstated, Moore and Tagle refused to immediately reinstate Lindley…” In an ironic move “when his teaching certificates were about to be issued, Tagle filed an untimely and FALSE ‘ethics’ complaint against Lindley to delay or derail the issuance of the certificates.” Mr Lindley’s teaching certificates were to expire on June 30, 2022. This smacks of total indifference, lack of respect and integrity of procedures put in place to guarantee a fair process by all involved.
When Mr Lindley was finally able to defend himself, the APS School Board took no note of the egregious lack of due process by Colleen Tagle, Deputy Supt of Operations/Human Resources, and voted 4-1 against him on June 30, 2022, upholding Supt Moore’s decision to terminate. The only dissenting vote was Angela Cadwallader. NONE of the other four elected school board members took the time to think and consider the repeated methods used by Supt Moore and Colleen Tagle to “get rid of” teachers and employees who had sought relief for the injustices perpetrated against these many individuals. At what point, after numerous actions have been wrongly taken and due processes violated, do they start to question what is going on? It makes one wonder if they are in agreement with the methods used. What about the unending lawsuits and complaints filed do they ask if there is a problem? Apparently never.
This lawsuit involves so many violations and are too numerous to address so please read it. Click on the link at the beginning of the article.
Another interesting fact is the involvement of another employee, Sharon Scott, who was hired to be the HR Coordinator but was also put on Admin Leave. Why? For refusing to participate in the wrongful application of policies and procedures being used against Mr Lindley in the process of his being “railroaded” by Tagle’s and Moore’s illegal procedures and lack of due process not afforded the employee. Think about that one! Sharon Scott, also, has a lawsuit filed against the Board of Education of Alamogordo Public School District, Alamogordo Public Schools and Rachel Burks as Records Custodian.
This MUST stop NOW! Educators and employees working at APS cannot continue to be abused, intimidated, and “railroaded” with the misguided intentions of Colleen Tagle, other participating individuals, or the APS School Board. This is the reason for fear and a toxic, hostile work environment.
METHODS USED
- Place educator or employee on Admin Leave without knowing why. Perhaps it was stated as “insubordination” or “not living up to the terms of the contract” but what was the violation within those categories?
- An investigation must be complete but not necessarily reported in a timely manner.
- Stay on Admin Leave until resignation, termination, or teaching licensure expiration.
- The End of the Educators and Employees Career and Employment!
APS Educators and Employees: Once again you have been provided information on how they try to get rid of you. There are so many similar incidents like this that have ruined people’s lives. Do not let that happen. Stand strong until these problems are fixed. Fight back. You know the means and methods they use. The reasons are up for interpretation. Be wise.
