UNM to reevaluate IPRA policy after NM Political Report complaint

The University of New Mexico is reevaluating its policy of charging for electronic copies of public records on a per-page basis in response to a reprimand from the New Mexico Attorney General’s Office. In an email to NM Political Report, the school’s Office of University Counsel said the UNM public records custodian is “evaluating the fee structure” for fulfilling requests of electronic records. Associate University Counsel Patrick Hart also wrote that the public records department will suspend the policy and practice of charging $0.38 a page for electronic records through the end of September. The change comes after the state Attorney General’s office issued a determination letter in response to a complaint filed by NM Political Report. NM Political Report filed the complaint after the UNM’s Custodian of Public Records billed $0.38 a page for an electronic file that contained more than 1,600 pages.

UNM fees for public records violate law

The University of New Mexico violated state law when it didn’t properly fulfill records requests from NM Political Report, according to the New Mexico Attorney General’s office. A determination letter from Assistant Attorney General John Kreienkamp, in response to a complaint filed by NM Political Report, cited two violations of the state’s Inspection of Public Records Act (IPRA). In one instance, the university failed to provide records in the statutorily required amount of time. In another instance, the AG’s office determined that UNM violated state law by charging $0.38 per page to transfer more than 1,600 pages in a single electronic file. “Based on our review of the evidence and applicable laws, we conclude that the University’s proposed fees violated IPRA,” Kreienkamp wrote.

State tries to keep $2.5 million Corrections Dept. settlement under wrap

After almost two years of legal battles, the State of New Mexico agreed to settle a lawsuit filed against its Corrections Department. In 2015, six female employees at the state prison in Los Lunas sued the department, saying some of their male supervisors assaulted and sexually harassed them. The six women collectively received $2.5 million according to the settlement agreement signed in January. Their attorney, Laura Schauer Ives, said the women sued the Central New Mexico Correctional Facility to shed light on what they called a culture of demeaning female corrections officers. The 140-page lawsuit alleged a history of aggressively sexual comments and crass words directed at female officers.

Committee advances bill allowing spaceport to shield some records

A legislative committee gave its backing Wednesday to a bill that would allow Spaceport America to exempt many of its business dealings from New Mexico’s open records law as the state’s major open government advocacy group dropped its opposition to the measure. The publicly owned facility, which cost more than $200 million to construct, has been pushing for the legislation, arguing the bill would allow it to attract more aerospace companies to New Mexico from a highly competitive and secretive industry. And while critics had argued the measure would diminish the public’s oversight of the facility, the New Mexico Foundation for Open Government said it would not oppose a revised version of the bill put forward by a top Republican lawmaker Wednesday evening. “It’s a very difficult balance,” Rep. Nate Gentry, an Albuquerque Republican, told the House Judiciary Committee on Wednesday evening, summing up how lawmakers have been torn this session between arguments for transparency and arguments that the facility already has cost the state too much money to pass up any opportunity to attract business. As a public agency, Spaceport America’s own finances will still be audited.

Spaceport secrecy bill headed to Senate floor

A state Senate committee voted Friday for a bill allowing New Mexico’s taxpayer-funded Spaceport to shield from public view the identity of its customers and other records. The Judiciary Committee voted 7-0 to advance the measure that Spaceport America says is crucial for it to attract private companies. Dan Hicks, executive director of the Spaceport, said companies interested in locating at the $209 million enterprise in Sierra County want to keep private the intellectual property they would bring with them. Republican Sen. Bill Burt of Alamogordo, one of the bill’s sponsors, said the measure is important to New Mexico taxpayers. Landing companies that can help make the Spaceport successful is crucial if the public is to recoup its investment in the project, Burt said.

UNM lawsuit jury selection closed to public

A trial involving the University of New Mexico and its medical facility began Monday with jury selection. But after a decision from a district judge and a high ranking court official, no one from the public, including media, was allowed to witness the process of how or why each side selected or rejected jurors. The case goes back to 2011 when Dr. Cynthia Herald filed a lawsuit against UNM Hospital and some of its administrators for firing Herald after she said a male doctor raped her. Herald and the male doctor were both residents at UNM at the time, but Herald was dismissed from the program shortly after she reported the rape to her superiors. UNMH has maintained from the beginning they kicked Herald out of the residency program for subsequent drug use while on the job as an anesthesiologist.

Tensions high as Sandoval County proposes new oil and gas ordinance

Sandoval County’s attempts to plan for oil and gas development continue to draw heated criticism. At their October 19 meeting, county commissioners pulled a proposed ordinance from the agenda, but the commission fielded public comments for nearly an hour, mostly from people who oppose the proposed oil and gas ordinance. Sandoval County covers 3,700 square miles, stretching from Bernalillo to Counselor and Placitas to Torreon. Widespread drilling already occurs in the northern part of the county, which overlaps with the energy-rich San Juan Basin. Those wells are concentrated along Highway 550 north of Cuba and near the Navajo Nation.

State backs off controversial science standards

Hundreds of people turned out in Santa Fe on Monday to oppose the state’s plans to enact science standards that left out facts on climate change and evolution. Now, the head of the Public Education Department (PED) says he has reconsidered those controversial changes. Related: Overflow crowd opposes state’s proposed science standards

Under PED’s original proposal, New Mexico would implement Next Generation Science Standards (NGSS), which have been developed and recommended by scientists and educators. But the department planned to adopt those standards with some key changes, including to lessons on climate change, evolution and the Earth’s geological age. Public Education Department (PED) acting Secretary Christopher Ruszkowski didn’t attend that hearing, during which not one person gave public comment in support of the altered standards.

Overflow crowd opposes state’s proposed science standards

Hundreds of New Mexicans waited in Santa Fe outside the Jerry Apodaca Building on Monday morning. They were there to share their thoughts about the statewide science standards proposed by the Public Education Department’s (PED) acting Secretary Christopher Ruszkowski. Update: State backs off controversial science standards
Under the proposal, New Mexico would join about 20 other states around the country and implement Next Generation Science Standards (NGSS), which have been developed and recommended by scientists and educators. But New Mexico plans to adopt those standards with some key changes involving lessons on climate change, evolution and the Earth’s geological age. People started arriving an hour-and-a-half before the start of the 9:00 a.m. hearing, and others didn’t leave until almost 2:00 p.m. Some New Mexicans stood in line for more than three hours, waiting for their names to be called so they could enter the building, stand before public officials in a small auditorium and speak for three minutes each.

Dozens gather on Saturday to talk transparency and UNM Athletics

NM Political Report’s third News & Brews event featured NMFishbowl.com’s Daniel Libit and New Mexico Foundation for Open Government Board President Greg Williams. Reporter Andy Lyman interviewed the two about Libit’s recent public records lawsuit against the University of New Mexico Foundation and transparency issues related to the university’s athletics department. “I’m a curious observer much more than I am a fan,” Libit said of the Lobos. Libit has filed over 150 records requests under the state’s Inspection of Public Records trying to understand how the UNM Foundation makes its decisions and raises its money. Last November, Libit launched his website with a story raising important questions about the WisePies naming rights of The Pit, the university’s arena that hosts basketball games. Libit now lives in Chicago but grew up in Albuquerque.