SCOTTHULSE.

COM
ROSEMARY M. MARIN
Board Certified, Labor and Employment Law ONE SAN JACINTO PLAZA
Texas Board of Legal Specialization 201 EAST MAIN DRIVE, 11TH FLOOR
EL PASO, TEXAS 79901
ADMITTED IN TEXAS AND NEW MEXICO
POST OFFICE BOX 99123
W RITER'S DIRECT TELEPHONE: EL PASO, TEXAS 79999-9123
(915) 546-8297 TELEPHONE (915) 533-2493
E-MAIL: [email protected] FACSIMILE (915) 546-8333

OFFICES IN EL PASO TX, LAS CRUCES NM

August 9, 2019

Via Electronic Mail: [email protected]

Re: DR. GREG EWING: NOTICE OF RESIGNATION; NOTICE OF CLAIMS;

Dear Ms. Gallegos:

The purpose of this letter is to give Las Cruces Public Schools thirty (30) days’ notice of
Dr. Greg Ewing’s resignation, effective September 9, 2019.

As you know, Dr. Ewing recently raised several serious concerns relating to his treatment
by board member, Maria Flores (“Flores”). Thereafter, he was persuaded, at the urging of the
board president, to allow Mr. Frank to address and correct what any reasonable person would
consider a hostile work environment, created by board member Flores and witnessed by board
member Dallman and others. With this understanding, Dr. Ewing agreed to remain in his position
and to continue leading the District through a very difficult period. However, it is my
understanding that at last Tuesday’s board meeting/workshop, Ms. Flores and her close colleague,
Ms. Dallman, refused to speak to Dr. Ewing and then abstained from voting in favor of a very
modest raise for him, despite his strong performance. Therefore, it appears that rather than
acknowledge and correct the inappropriate conduct, Ms. Flores and Ms. Dallman have elected to
retaliate against Dr. Ewing for engaging in legally protected conduct. Therefore, this letter will
also serve to advise the District that Dr. Ewing intends to promptly file a complaint with the
NMHRC, for gender-based discrimination and retaliation, for the reasons described herein and in
prior communications, which are incorporated herein by reference.

In addition, it is my understanding that despite prior warnings, Ms. Flores has continued to
insert herself into the daily operations of the District. For example, it has been reported to my

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client that after he recently raised the complaint against Ms. Flores, she has gossiped about my
client’s personal life with school administrators, has told them she is upset with him, and continues
to insert herself into the daily administration of the District. For example, it is my understanding
that as late as Monday of this week, Ms. Flores was in the central office for the purpose of meeting
with Dr. Sanchez, but did not advise Dr. Ewing of her visit. And, as late as Tuesday evening of
this week, she called and texted Deputy Superintendent Dr. Steven Sanchez, advising that she was
upset with Dr. Ewing and discussing matters related to Dr. Ewing’s employment. Ms. Flores’
egregious behavior is retaliatory, violates state law and compromises Dr. Ewing’s leadership of
the District. Her conduct is even more offensive because, as you are aware, the former
superintendent previously reported the same issue of board members inserting themselves into the
daily operations of the District. There is an official letter on file with the board from former PED
Secretary Skandara, in which Ms. Flores was highly criticized for this type of behavior, and the
Board was advised that they would be removed by the PED secretary if their behavior did not
improve. Despite these directives and warnings, Ms. Flores continues with the same pattern of
behavior, which undermines Dr. Ewing’s authority, seriously interferes with his ability to do his
job, and negatively affects the terms and conditions of his employment. Therefore, please be
advised that Dr. Ewing also intends to promptly file a complaint with the PED Secretary, related
to Ms. Flores’ continued interference in the daily operations of the District.

The combination of events has again made the situation so intolerable for Dr. Ewing that
he has no choice but to resign. Please be advised that Dr. Ewing plans to formally announce his
resignation to District employees and make a statement to the press regarding his NMHRC
complaint and his complaint to the PED secretary regarding Ms. Flores' behavior, by no later than
5:00 p.m. on August 16, 2019.

Therefore, the District is hereby put on notice of its need to preserve and protect its records,
including communications, related to the topics discussed in this letter. Records, including
communications, are defined herein as documents, electronic or magnetic data and tangible things,
such as cell phones (District-issued or personal), computers, hard drives, floppy disks, CD-ROMs,
DVDs, email, text messages, handwritten notes, records, tapes, removable media (e.g., zip drives,
thumb drives, SIM cards, Jaz cartridges, etc.), microfiche, files, folders, tables, containers, and
labels attached to or associated with any physical storage device, with each original or copy, etc.
Specifically, the District and its respective divisions, departments, personnel, agents, contractors,
representatives and/or others acting on its behalf, may possess documents, electronic or magnetic
data and tangible things relating to a potential claim or lawsuit, including but not limited to, records
related to any aspect of Dr. Ewing’s employment, personal life, sexual orientation, and other
related issues, including without limitation, communications between and among board members
about Dr. Ewing, as well as communications between board members and District employees and
other potential witnesses. Therefore, the District and any other potential defendants have an
obligation to take reasonable steps to ensure that all discoverable documents, electronic or
magnetic data and tangible things, whether on District or personal devices, are safeguarded and
preserved until the final resolution of this matter. Specifically, the District must immediately
suspend any normal retention and destruction policies for documents, electronic or magnetic data,
and tangible things and must preserve all documents, electronic and magnetic data and tangible
things related or potentially related to occurrences or transactions discussed in this letter, no matter
where they may be found. Electronic, magnetic or other data tangible things include, without

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limitation, any item or data stored on magnetic, optical, digital, or other electronic-storage media,
such as cell phones (District-issued or personal), computers, hard drives, floppy disks, CD-ROMs,
DVDs, email, text messages, handwritten notes, records, tapes, removable media (e.g., zip drives,
thumb drives, SIM cards, Jaz cartridges, etc.), microfiche, files, folders, tables, containers, and
labels attached to or associated with any physical storage device, with each original or copy, etc.

This letter will also serve as a formal request under the New Mexico Inspection of Public
Records Act (IPRA), for the following documents:

(1) All records, including communications, as defined in the preceding paragraph, between
District board members and District employees, including without limitation, all
district employees other than Dr. Ewing, such as Dr. Steve Sanchez, the bilingual
program employees, and all other employees of the District, from May 1, 2019 to the
present.

(2) All records, including communications, as defined in the preceding paragraph, between
District board members and outside persons, other than District board members and
employees, regarding Dr. Ewing, from May 1, 2019 to the present.

(3) All records, including communications, as defined in the preceding paragraph, between
District board members about Dr. Ewing, any aspect of his employment, personal life,
sexual orientation, and other related issues, from May 1, 2019 to the present.

(4) Video and other recordings of Ms. Flores in the central offices, from May1, 2019 to the
present.

These requests for public records include, without limitation, all communications on personal
devices that relate to or involve the District, its board members, district employees, and district
business, during the same timeframe. For example, Dr. Ewing is aware that Ms. Flores and
possibly other board members utilize their personal cell phones and personal e-mail accounts to
conduct school business. This request specifically includes requested documents from those
accounts, as well as District accounts. Please note that I am not interested in attorney-client
privileged communications and am willing to receive the documents electronically. Please note
that I am willing to pay reasonable charges for copies.

Of course, as a showing of respect for Mr. Frank, Mr. Castro, Mr. Jaramillo and other
members of the community, Dr. Ewing would like to minimize the anticipated disruption caused
by his departure, as much as possible. He understands the precarious situation the District is in,
including the pending recall proceedings and anticipated FATA lawsuit, which will likely require
his involvement. Therefore, he would be willing to discuss a reasonable, brief alternative
timeframe and/or plan in the near future for his exit that is mutually beneficial. He would also be
interested in informally resolving his formal claims, if he can do so promptly and equitably before
his intended announcement. Specifically, please be advised that Dr. Ewing would be willing to
resolve all disputes with the District, and sign a release of claims on his last date of employment,
in exchange for payment of the equivalent of two years of pay at his current salary in a lump sum.
In addition, he would be willing to serve as an external consultant to the District and its counsel

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for a period of one year thereafter, to assist remotely, as needed, on any pending legal matters, at
an hourly rate that is the equivalent of his last rate of pay with the District. This offer of informal
resolution will expire at 12:00 p.m. MST on August 16, 2019.

Once you have had a chance to discuss this communication with your client, please give
me a call at your earliest convenienc to discuss the next steps.

Thank you for your courtesy and cooperation. I look forward to hearing from you.

Very Truly Yours,

ScottHulse, P.C.

Rosemary M. Marin
For the Firm

Cc: Dr. Greg Ewing

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