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Sept. 30 First News: N.M. Teacher's Union Seeks To Invalidate Teacher Evaluation System (Listen)

An educational labor union is seeking to invalidate a teacher evaluation system by Republican Governor Susana Martinez's administration that places a heavy emphasis on student performance on standardized tests. The National Education Association-New Mexico announced Monday it's filed a lawsuit in state district court against Public Education Secretary Hanna Skandera. The evaluation system was implemented through regulations by the Public Education Department after the governor was unable to win legislative approval in 2011 and 2012 of proposals for overhauling how teachers are rated. The lawsuit contends the department's evaluation plan is unconstitutional because its requirements conflict with state laws governing school personnel. Half of a teacher's evaluation is based on student performance on tests. Other factors include classroom observations of teachers by administrators and surveys of students and parents.

Researchers from the National Cancer Institute are trying to estimate the number of past and present cancer cases in New Mexico that may be related to the U.S. government's testing of the first atomic bomb. The test occurred on July 16, 1945, over a remote stretch of desert in southern New Mexico. The researchers have just wrapped up a trip to the state. They spent time last week conducting in-depth interviews with several residents to learn more about the lifestyles and diets of people living in New Mexico around the time of the atomic detonation at the Trinity Site. The team is particularly interested in filling in gaps when it comes to Native American and Hispanic populations.

A historic hotel that's a landmark in downtown Santa Fe is being sold. The nearly 92-year-old La Fonda on the Plaza is being purchased by sister and brother Jennifer Kimball and Philip Wise.  They're buying it from the current owners, most of whom are members of the Ballen family. Financial terms were not disclosed in the sale announcement Monday. Kimball is a Santa Fe resident and Ballen family friend who already is a part owner of the property and chairman of the board of the company selling the hotel. Kimball says the new owners don't plan major changes to the hotel. In her words, “ it's not broken and doesn't need to be fixed.” The hotel's restaurant and 180 guest rooms have undergone renovations in recent years.

A state police officer says an Albuquerque police officer who fatally shot a homeless camper stated before the deadly encounter he would shoot the suspect with a stun gun. Albuquerque police released Monday an interview of New Mexico State Police Sgt. Chris Ware disputing a previous report that Keith Sandy promised to shot a 38-year-old man in his private parts. Ware told investigators Sandy said, "I'm going to shoot him with a Taser shotgun in a second." Hours later Sandy was one of two officers who shot and killed James Boyd following a March standoff. Video of the shooting later generated violent protests in Albuquerque. In the video, Boyd appeared to be surrendering from his Sandia foothills campsite when officers opened fire.

A federal judge has scheduled a December 26th sentencing for Rio Arriba County Sheriff Tommy Rodella, who last week was convicted of abusing a driver during a traffic stop. Rodella’s sentencing is scheduled in federal court in Albuquerque before District Judge James Browning. A jury on Friday convicted Rodella of pulling his gun on a driver and violating the 26-year-old man's civil rights. Meantime, Rodella hasn’t resigned the sheriff’s post. Santa Fe District Attorney Spence Pacheco plans to go to court today to clarify that the position of Rio Arriba County sheriff was vacated upon his conviction.

Federal prosecutors are recommending a former campaign manager for Governor Susana Martinez be sentenced to prison time for stealing the governor's email and lying about it. Jamie Estrada faces up to a year and one day in prison. In documents filed in federal court, the U.S. attorney's office says sentencing Estrada to "the higher end of that range would best reflect the seriousness of his crimes, promote respect for the law, and be a fair and just punishment in this case." Estrada's lawyers have asked that Estrada be sentenced to probation rather than prison. Estrada pleaded guilty in June to charges of unlawful interception of electronic communication and lying to FBI agents. He provided the hijacked email to the governor's political opponents. Sentencing is scheduled for next Wednesday in Albuquerque.

The New Mexico Attorney General's office says it's taking over an investigation into the apparent destruction of emails and other electronic records within the Dona Ana County District Attorney's office. New Mexico Attorney General and Democratic gubernatorial candidate Gary King said Monday it appears the disappearance of the information was not a simple clerical error, but the planned destruction of state records. King left the news conference before answering any questions. The flap over the emails stemmed from a request by the state Democratic Party for public records related to then-District Attorney Susana Martinez's first campaign for governor. Martinez is a Republican, as is her former chief deputy, Amy Orlando, who replaced Martinez as district attorney when Martinez was elected governor. D'Antonio, a Democrat, beat Orlando in the 2012 election.

A national political group that's helped Democratic candidates is preparing to launch a television advertising blitz in New Mexico's race for attorney general. Ad records of Albuquerque TV stations show that the Committee for Justice and Fairness plans to spend nearly 300-thousand dollars to broadcast ads starting next week and continuing until the November general election. Democrat Hector Balderas and Republican Susan Riedel (reed-uhl) are running campaign ads but their spending so far is less than the cost of the broadcast time reserved by the political action committee. The Committee for Justice and Fairness is a "super PAC" that's free from campaign contribution limits because it independently advocates the election or defeat of candidates. IRS records show the Democratic Attorneys General Association has been a large contributor to the committee.

The godfather of contemporary Chicano literature has been chosen as the 2nd ever inductee into the Albuquerque Wall of Fame. Author Rudolfo Anaya is scheduled to be honored later today at the Alvarado Transportation Center. Albuquerque Mayor Richard Berry says Anaya is receiving a Wall of Fame nod because his descriptive narratives opened up Albuquerque and New Mexico to the world. Anaya was born in Pastura, New Mexico, and raised in nearby Santa Rosa. He is best known for the novel Bless Me, Ultima, which expects say sparked the Chicano literary movement in the late 1960s and influenced a generation of Latino writers. The novel was made into a movie in 2012.

Santa Fe Weather: Sunny skies today and tomorrow with highs in the low 70s. Tonight, mostly clear with the overnight low, 44.