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New policies at U. of New Mexico improve compliance with open-records law


© 2008 Student Press Law Center

June 9, 2008

NEW MEXICO — The University of New Mexico Board of Regents approved a policy on Wednesday that will open more university records and information to the public.

The board approved four measures that will open information about candidates seeking employment, employment applications and UNM internal auditing practices.

Jamie Koch, president of the Board of Regents, said the measures were taken, in part, to protect the university financially.

"The University has been noncompliant with open-record laws for years. We've been sued many times and lost every time. We have to pay attorney fees for each suit," Koch said.

Most recently, the Albuquerque Journal sued UNM earlier this year for records regarding Director of Government Relations Marc Saavedra. Karen Moses, managing editor of the Journal, said she is pleased with the board's decision.

"When you sue over something, you get awarded what you were looking for in that particular case. But every time we would request another record, we would come up against a wall all over again," Moses said.

New Mexico's Inspection of Public Records Act, passed in 1978, defines a public record as any document or material that is "used created, received, maintained or held in any public body and related to public business."

"New Mexico has a very broad open records stature and the people of New Mexico deserve it," Koch said.

In addition to the four approved measures, the Board of Regents postponed decisions on four other open-records policies. The measures, three of which are scheduled be discussed and voted upon Aug. 12, concern how much personal information about faculty and staff will be available to the public.

Faculty Senate President Jacqueline Hood said she wants the university to comply with state law but also is wary of the possible ramifications of the new policy.

"They didn't really think through the implications before the board went ahead and passed it," Hood said. "We want to protect our employees from identity theft but there aren't procedures in place to protect them."

Although the board has yet to approve the measures, Koch said the four remaining policies are sure to pass.

"It's really done. We've already changed the manuals. They don't have a choice, we just wanted to give faculty members time to think about the manual changes and give the board time to answer any questions they may have," Koch said.

According to UNM Board of Regents' Policy Manual, the board is the ultimate authority on university policy and can implement policies, such as the four passed on May 28, whenever it sees fit.

The faculty, "can complain all they want but they're not excluded. They have to operate under open records polices. They have to conform," Koch said.

Hood said the university should have consulted the Faculty Senate before it changed the policy manual.

"People need to be informed, on board and committed for changes to occur. It would be good if we enhanced our dialogue with the board," Hood said.

By Rob Arcamona, SPLC staff writer

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