1. A. A settlement with and subsequent payment to an administrator made prior to obtaining written approval of the secretary shall be considered an unauthorized payment.
2. B. An unauthorized payment may be considered mismanagement and may constitute grounds for suspension of the local school board from acting as a board of finance.

3. C. An unauthorized payment may constitute a violation of the anti-donation clause of the New Mexico constitution and may be reported to the attorney general or state auditor, or be subject to further civil or criminal referrals or other sanctions.

   HISTORY OF 6.20.3 NMAC:

   PRE-NMAC FILING HISTORY: The material in this regulation was derived from that previously filed with the State Records Center and Archives under: State Board of Education Regulation No. 90-3, Procedures for the Payment of Settlement Agreements Involving Termination of an Administrator's Contract Prior to the End of the Term of the Contract, filed July 3, 1990.

[6.20.3.9 NMAC - N, 3-15-07]