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State lawmaker defends improper paid leave flagged in Los Lunas Schools audit

Former deputy superintendent says he was undergoing prostate cancer treatment when he took paid time off during legislative sessions

State Rep. Brian Baca, R-Los Lunas, in a meeting of the House Appropriations and Finance Committee in February 2023.
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A New Mexico state legislator and former Los Lunas deputy superintendent says he was receiving treatment for prostate cancer during the time in which he was found in a special audit to have been overpaid while attending legislative sessions at the Roundhouse.

State Rep. Brian Baca, R-Los Lunas, spoke out for the first time this week about the findings of the , released in May, which found he had been overpaid $11,365 by Los Lunas Schools for claiming paid sick days while at the Legislature in Santa Fe in 2024 and 2025, a violation of district policy.

In a news release from Washington, D.C.-based government public relations firm Connector Inc., Baca said Tuesday that his leave requests were all aboveboard and approved by his supervisors.

鈥淢y understanding and intent throughout my treatment was to fully comply with all district procedures,鈥 Baca said. 鈥淎ll leave taken during this period was submitted for administrative review and approved.鈥

Baca said by news release that he completed active treatment for his cancer in March 2024.

Between July 1, 2023, and June 30, 2025, the audit report found 269 of Baca鈥檚 425 working days were recorded as paid leave. Nearly half of them were recorded as sick days, a quarter were vacation days, and another quarter of the days were recorded as Family and Medical Leave Act time.

During the period from 2023 to 2025, the House of Representatives was in session for 93 days, and Baca used paid leave for 55.

Roll calls were recorded on 65 out of the 93 session days, and Baca was in attendance for at least one vote on 63 of those 65 days. For two days, he was listed as 鈥渁bsent.鈥

Baca used 19 sick days, 19 FMLA days and 17 vacation days, according to the audit. For six days when he was in the Legislature, he received regular pay without leave, the report found.

Nine sick days were backdated and changed to vacation days after payroll was completed, according to the audit.

鈥淒uring his treatment period, Rep. Baca maintained his duties for Los Lunas Schools and his constituents, utilizing very minimal leave while continuing his official responsibilities,鈥 the release said.

The Family Medical Leave Act is a federal law that entitles workers up to 12 weeks of leave and job protection for serious health conditions or family issues. The auditors determined that while Baca鈥檚 FMLA had proper approval, his active participation in legislative sessions was at odds with his assertion that he was unable to work.

鈥淭his does not, by itself, disprove eligibility, but it warrants heightened review of certifications, restrictions and intermittent leave scheduling and documentation,鈥 the audit reads.

The report also found that Baca鈥檚 wife worked as a special education facilitator for the school district for nearly a decade despite not having the necessary license to hold the position. As a result, she was paid $64,500 in stipends that she did not technically qualify for, the audit found.

During that time, Baca was overseeing human resources at the district, and would have been responsible for handling licensing compliance, according to the report.

Baca contends that his wife鈥檚 employment was legitimate and that her hiring and licensure were managed 鈥渋ndependently through standard district administrative processes, without his participation or direction.鈥

鈥淭he recent characterizations regarding my sick leave, my wife鈥檚 employment and my official role do not accurately reflect the circumstances or the complete record,鈥 said Baca, who left the district in June 2025.

The audit, conducted by an independent firm and commissioned by State Auditor Joseph Maestas鈥 office, was prompted by a request from the New Mexico Public Education Department, whose officials suspected several procedural violations at Los Lunas Schools.

A spokesperson for the Office of the State Auditor declined to comment on Baca鈥檚 recent statements but said Wednesday that the audit identified 鈥渃ertain time and leave irregularities, internal control weaknesses, governance issues and compliance concerns requiring corrective actions.鈥

鈥淭he audit report speaks through its findings,鈥 Maestas said in a statement. 鈥淥ur job is to follow the evidence, report the facts, and ensure the public has a clear accounting of how public resources are managed.鈥

Baca 鈥 the ranking member of the House Education Committee 鈥 has served in the New Mexico House of Representatives since 2023. He is running for reelection in November against Democrat Katherine Gauer.

Baca did not respond to requests for an interview for this story or for the Journal鈥檚 first story about the audit, published in June.

鈥淚 am proud of the work I have done for the Los Lunas Schools and for the people of my district,鈥 he said in a statement. 鈥淚 will always answer legitimate questions, but I will also defend my name, my family and the truth. The facts are clear, and I remain focused on the work my constituents elected me to do.鈥

Natalie Robbins covers education for the Journal. You can reach her at nrobbins@abqjournal.com.