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Martinez attorney to board: Don't try to fire him (again) on July 29

by Jon Ralston 07/24/2014

The Washoe County School Board, which I confirmed today is under investigation by the attorney general for violating the Open Meeting Law, may have a problem with its scheduled July 29 meeting to consider Superintendent Pedro Martinez's status.

Here's what the board received today -- it's hardball time, folks:

 

Randy Drake
 
Chief General Counsel
 
Washoe County School District
 
Re: Pedro Martinez
 
Dear Randy:
 
The WCSD Board of Trustees has agendized as Item 3.01 for its upcoming July 29
 
meeting a discussion of the ‘superintendent’s contract” and has further provided public notice
 
that the Board may take “possible action” related to that Item. In a publicly released statement,
 
the Board President has clarified that any “possible action” will be with respect to “the future of
 
the Superintendent’s employment contract” with WCSD.
 
Please confirm to me before the end of that day that there will be no discussion of
 
Superintendent Martinez’ character, alleged misconduct or competence and no administrative
 
action taken against him in connection with this agenda item. Any such discussion would clearly
 
violate Superintendent Martinez’ due process rights and also both the language and the intent of
 
Nevada’s Open Meeting Laws which contains specific provisions regarding any such discussions
 
or actions. See RS 241.033: 241.034, The Board has already vioiated Nevada’s Open Meeting
 
laws by taking action on a non-agendized matter in a closed session to dismiss Superintendent
 
Martinez (or. as the District’s current spin wouid have it. to put him on paid administrative
 
leave’). Superintendent Martinez welcomes discussions of his character, any alleged misconduct
 
or his competence but only in properly noticed circumstances in which he may present written
 
evidence as well as oral testimony on his own behalf.
 
This letter also constitutes a demand under NRS 241.020(5) and (6) for copies of any
 
“supportlng” material provided to the Board ith respect to Item 3.01. Any such material may
 
be provided to me electronically....
 
I look forward to hearing from you.
 
Very truly yours.
 
Snell & Wilmer L.L.P
 
William E. Peterson