Zuni school officials grilled
Peery hearing grinds on, lawyers continue sparring

Copyright © 2009
Gallup Independent
By Elizabeth Hardin-Burrola
Staff writer

GALLUP — The administrative hearing for Zuni Public Schools Superintendent Kaye L. Peery’s continues to grind through long days of testimony.

When the New Mexico Public Education Department served Peery with its “Notice of Contemplated Action” in December 2008, the document outlined numerous allegations of professional misconduct, such as hiring her domestic partner for the new position of assistant superintendent of student learning, hiring individuals who were not qualified for their positions, not requiring background checks for certain employees, giving excessive salary increases for select employees, evaluating her own domestic partner’s job performance, failing to maintain proper accounting and financial records, and using school district vehicles, gasoline and travel expenses for personal use.

But in the very long days of the hearing — Tuesday’s hearing lasted until nearly 9:30 p.m. and Wednesday’s went to almost 8 p.m. — many of those allegations have yet to be addressed. Instead, there has been lots of time devoted to delving into the backgrounds of each witness, rehashing and attacking inconsistencies in witness testimony, and legal sparring between Peery’s attorney, Eleanor K. Bratton, and attorney Bruce Berlin, assistant general counsel for the education department.

Witness Gloria Aguilar experienced that first-hand on Tuesday evening under cross examination by Bratton.

Aguilar, an educational assistant for the Zuni schools, is a member of the Community Awareness for Responsible Education Committee, a group that has been vocal in its criticism of Peery’s administration.

“I take my children’s education very seriously ... this is why we did what we did,” said Aguilar, who explained how her group attempted to gather community support, get the attention of the Zuni board of education and tribal council, and eventually spark the investigation by the Public Education Department.

Peppered by Bratton’s objections over questions of hearsay, Aguilar talked about the concerns of CARE Committee members, from the number of experienced teachers leaving the district to beliefs that Zuni cultural traditions weren’t being respected. Bratton, however, zeroed in on inaccurate statements included in some documents Aguilar had helped write and inconsistencies in Aguilar’s earlier testimony.

Bratton aggressively picked apart Aguilar’s testimony and left her visibly shaken.

Kate Brown, a former ZPSD teacher and program director, found herself under similar cross examination on Wednesday evening. Brown, a 12-year veteran of the district, left the Zuni schools five months after Peery’s arrival after her series of clashes with Elizabeth “Libby” Thomas, the assistant superintendent of student learning who is Peery’s domestic partner.

I was looking forward to her being at the district,” Brown said of her initial reaction to Peery’s hiring. Brown said she was happy a woman had been hired as superintendent, and she thought Peery was smart. Brown said she also had a favorable view of Peery and Thomas’ same-sex relationship because she thought it indicated they might have “greater sensitivity” to those outside mainstream society.

However, Brown said her ideas quickly changed. The previous Zuni superintendent’s wife had to get special permission from the school board to work with the local Head Start program, she explained, yet the board allowed Thomas to be Peery’s assistant superintendent.

“To me its nepotism,” she said.

As with Aguilar, Bratton systematically focused in on inconsistencies in Brown’s testimony, and tried to get Brown to admit she had acted in insubordinate ways to Thomas. In addition to asking repeated questions about Brown’s program’s funding, budget, and inventory, Bratton questioned why Brown didn’t file grievance complaints against Thomas or Peery, her angry employment exit survey, and her unemployment claim.

Caroline Ukestine, the principal of Dowa Yalanne Elementary School, testified she was placed on a growth plan by Thomas after disagreeing with the assistant superintendent on a number of issues. Ukestine signed a waiver of confidentiality to allow information from her personnel file to be discussed in the hearing.

“I got written up for several things I tried to do,” said Ukestine, who talked in length about her criticisms of Peery’s administration.

Ukestine was appointed temporary interim superintendent for a brief time after Peery was placed on administrative leave.

Under questioning by Bratton, Ukestine said she had put restrictions on Thomas during that time, and agreed she had been involved in a personal relationship with school board member George DeVries for the last seven years. Ukestine denied that she was interested in applying for the Zuni superintendent’s position anytime in the near future.

During the first few days of the hearing, Peery has shown herself to be an active member of her own defense team.

She and Bratton communicate constantly throughout the hearing, and during the cross examination of the education department’s witnesses, Peery passes a steady stream of notes for Bratton to consider during her questioning.

The hearing, which is open to the public, continues today at the Gallup McKinley County School District at 8:30 a.m. in the GMCS board room.