Serving the High Plains

Groesbeck whistleblower lawsuit dismissed

A Santa Fe County District Court judge last week granted Mesalands Community College’s motion to dismiss a whistleblower lawsuit by the college’s former president.

District Judge Maria Sanchez-Gagne ruled in a filing dated Nov. 24 the lawsuit by John Groesbeck was filed at an improper venue.

The lawsuit was dismissed without prejudice, which means Groesbeck could refile an amended lawsuit later.

Sanchez-Gagne stated Mesalands is not qualified as a state educational institution under the New Mexico Constitution, nor did it fall under the state educational institution exception to the venue statute.

The judge also stated Mesalands is not a state institution, not was it qualified as a state officer, “therefore venue is not proper in the First Judicial District Court in the County of Santa Fe.”

Groesbeck stated Mesalands’ firing in April caused him actual damages, lost wages, lost benefits, expenses related to finding new employment and severe emotional distress. He was paid $170,000 a year.

Groesbeck stated he received a positive performance review in early 2020 and expected a contract renewal by June 30.

In the eight-page lawsuit filed in July, Groesbeck stated he confronted the college’s foundation members, many whom also are on the board of trustees, at a meeting March 3 about allegations of improper distribution of federal grant funds, fraudulent property leases and improper appropriation of money to the Mesalands Dinosaur Museum.

Two weeks later, Groesbeck was placed on indefinite paid administrative leave after a closed executive session during a regular board of trustees meeting.

He was fired without explanation during the trustees’ next meeting in April. Groesbeck had been president less than two years.

Groesbeck hired the Kennedy, Hernandez & Associates law firm of Albuquerque to represent him the case. The college’s legal firm is Cuddy & McCarthy of Santa Fe. Attorneys for both parties did not immediately respond to requests for comment.

Josh McVey, director of public relations at the college, declined to comment on behalf of Mesalands when contacted Sunday.

Natalie Gillard, vice president of academic affairs, was appointed interim president. The college’s board of trustees formed a search committee to find a new president that is due to look over applications for the post in early 2021.

 
 
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