Albuquerque Journal

APS whistleblo­wer lawsuit is heading for mediation

Former CFO Don Moya tangled with superinten­dent over need for audits

- BY KIM BURGESS JOURNAL STAFF WRITER

More than two years after former Albuquerqu­e Public Schools Chief Financial Officer Don Moya filed a whistleblo­wer lawsuit against the district, the case is headed to mediation.

The two sides will meet on Nov. 6 at the district’s request, according to Kate Ferlic, Moya’s attorney.

Ferlic said the case could settle that day, but “it’s not over until it’s over.”

“We’ll just see what APS comes up with,” Ferlic said. “(Moya) is ready for trial. He is ready for vindicatio­n. He is ready to show New Mexico that he did the right thing by protecting school kids.”

Moya’s whistleblo­wer lawsuit contends that he was placed on paid administra­tive leave in August 2015 for alerting APS administra­tors to wasteful audits supported by the new superinten­dent, Luis Valentino.

APS was recently denied a summary judgment in Santa Fe’s 1st Judicial District Court, and three district experts were barred from testifying on human resources procedures.

An APS spokeswoma­n declined to comment on the litigation.

To date, the district has spent more than $700,000 on legal fees, though insurance caps out-of-pocket costs at $350,000.

Ferlic said APS has had many opportunit­ies to settle, but opted to “try to defend this case more

vigorously than any case of this nature that I’ve seen.”

The saga began on Aug. 7, 2015, when Valentino, recently hired from San Francisco’s school district, tried to text New Mexico Education Secretary Hanna Skandera about “going after” Moya for running “roughshot.” He accidental­ly sent the text to Moya himself. Later that day, Valentino placed Moya on paid administra­tive leave.

The two were reportedly friendly when Valentino began the job in May 2015, but tangled over proposed audits Moya believed were wasteful and unnecessar­y. Then-Deputy Superinten­dent Jason Martinez, a curriculum expert Valentino hired from Colorado, also supported the audits.

Less than two weeks after Moya was placed on paid leave, Martinez resigned amid allegation­s he had skipped a mandatory criminal background check to conceal child sex assault charges against him filed in Denver. He was later found not guilty.

Valentino stepped down at the end of August 2015 with an $80,000 buyout and positive reference letter from the APS Board of Education.

Moya now works as a finance director for Santa Fe County.

Ferlic said she hopes Moya’s lawsuit will “change practices at APS and make them more fiscally responsibl­e than what the facts of the case revealed here.”

 ??  ?? Former APS Chief Financial Officer Don Moya
Former APS Chief Financial Officer Don Moya

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