FILED IN MY OFFICEDISTRICT COURT CLERK

9/4/2015 2:39:34 PM

James A. NoelTracie Laahty

STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT

JACOB M. GIL,

PEGGY MULLER-ARAGON„ in her official capacity as a member of the Albuquerque Public Schools' Board of Education,

Respondent.

APPLICATION FOR DETERMINATION OF FACTUAL BASIS FOR RECALL PETITION OF ALBUQUERQUE PUBLIC SCHOOLS BOARD OF EDUCATION

MEMBER PEGGY MULLER-ARAGON

The Clerk of Bernalillo County, Maggie Toulouse Oliver (hereinafter, "the Clerk"),

hereby submits this application, pursuant to NMSA 1978, § 22-7-9.1 (A) (1987), for this Court to

hold a hearing to determine whether sufficient facts exist to allow the Petitioner to continue with

the recall process against the Respondent. As grounds, the Clerk states:

1 . On September 1, 2015, the Petitioner provided the Clerk with completed face

sheets for the above-listed Respondent commencing the recall process as set forth under NMSA

1978 , § 22-7-1 et seq. (1977 through 2015), the "Local School Board Member Recall Act." (

Face Sheets attached as Exhibit # 1).

2 . Pursuant to § 22-7-9.1 (A) the Clerk has a duty to file this

application with this Court and request a hearing that shall be held within ten (10) days to

determine whether sufficient facts exist to allow the Petitioner to continue with the recall

process.

07059-2015-CV-202-D

No. v.

Petitioner,

3 . Depending upon the results of the hearing the Clerk will perform

her other duties as set forth in the Local School Board Member Recall Act.

WHEREFORE, the Clerk respectfully requests this Court set this matter for hearing

within ten (10) days of the date of the filing of this application to determine whether the

Petitioner may continue with the recall process. 1 of 2