AG will investigate; NMSU releases agreement

The Attorney General’s Office will review my request and issue a determination on whether the New Mexico State University Board of Regents violated government transparency laws.

The questions relate to the use of secret donors to boost the financial compensation of the president and former men’s basketball coach and issues surrounding recent approval of a new agreement between the university and the NMSU Foundation.

I sent a letter to the attorney general Friday, which you can read by clicking here, requesting an investigation into three issues:

• Whether the regents violated the New Mexico Open Meetings Act by meeting on July 17 even though the meeting was not properly noticed. The university postponed formal action until a July 23 meeting but still discussed the formation of public policy that day.

• Whether the university violated the Inspection of Public Records Act by considering e-mail requests for records to be invalid and by refusing to release a new agreement between the foundation and university. Essentially, I requested by e-mail a copy of the new agreement and was told e-mail is not a valid form of requesting such documents and, even if it were, the agreement wasn’t going to be released, even though it had regents’ approval, because it was not yet signed.

• Whether NMSU violated the Inspection of Public Records Act in denying my request for information about the identities of donors who contributed to the compensation for the president and former men’s basketball coach.

You can learn more about the situation by clicking here. Be aware that it could take some time for the attorney general to weigh in on this issue.

In addition, there’s more good news: NMSU is releasing the new agreement with the foundation to me today. I don’t know if this is the signed copy or one that doesn’t yet have all the signatures, but it is the version approved by the regents last week, so it’s valid either way. I hope to have more on it later today.

I also asked state legislators from Doña Ana County to seek an attorney general opinion on whether it’s legal for the foundation to keep information about donors secret. I have yet to receive such a commitment from any legislator.

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