When APS School Board President Analee Maestas decided to hire an attorney to investigate allegations against former APS Supt Winston Brooks, she accessed school board member buy-in by means of calling school board members one at a time.
In a letter, link, to the board from prominent attorney Charles Peifer, they are called to task for a "rolling quorum" vote. It is unclear, in what capacity Peifer wrote.
The board paid their Modrall lawyer Art Melendres to pen a letter, link, denying the allegation and offering fix it even though it weren't broke.
To avoid any further argument on that point, the board intends to address the claimed violation by placing the question on the agenda for a meeting of the Board held pursuant to the Open Meeting Act in the near future. At that meeting, Dr. Maestas will summarize what she said to the individual Board members and their responses, if any. The Board will them proceed to discuss the hiring of an independent investigator and will, if a majority of the board approves, vote to ratify the hiring of an independent investigator. We believe that this procedure will, in conformance with the Open Meetings Act, remedy any alleged violation of which may have occurred.The draft minutes, link, of a Special Board Meeting on November 14, 2014, indicate;
President Maestas motioned that the APS Board of Education ratify the hiring of an independent investigator to conduct an investigation of complaints made against the superintendent. Dr. Duran seconded the motion. President Maestas requested a roll call vote. Results of the roll call vote yielded approval of the motion with board members Maestas, Garcia, Quezada, Duran and Peercy voting for approval; Board Member Korte opposed the motion, and Board Member Esquivel was not available for the vote.And there you have it, an ex post facto vote
erases the sin of a previous rolling quorum vote;
slick as a whistle and all "legal".