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OPINION: UNM is skirting state law by not disclosing law school dean retention vote

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The renewal of the University of New Mexico鈥檚 Law School dean is both public and contentious and university officials are hiding important information from public view, in violation of state law. New Mexico鈥檚 Legislature enacted the Inspection of Public Records Act to promote confidence in the state鈥檚 institutions by ensuring that the public has the fullest access to information regarding state institutions鈥 inner workings. The legislative intent behind IPRA is for government officials to be accountable to the public and not hide questionable decisional processes, wrongdoing or political influences. IPRA is an analog to the federal laws mandating openness that were created in the aftermath of revelations of government malfeasance including the hiding of corruption, involuntary drug testing on select communities, the wiretapping of civil rights leaders and the abuse of educators. New Mexico state agencies and their personnel assume the responsibility of complying with New Mexico rules and statutes governing their institutions and IPRA. UNM鈥檚 provost and staff are no exceptions.

The rules regarding the public鈥檚 access to information are simple. If data is requested, it must be provided. Moreover, under certain circumstances, IPRA should not have to be necessary for the public to obtain the data. The university鈥檚 rule clearly states that regarding a dean鈥檚 retention, there must be a faculty vote with 鈥渢he results of the vote 鈥 made available to the faculty and department chairs of the respective college/school.鈥 It is the provost鈥檚 responsibility to comply with this rule. Provost Barbara Rodriguez has failed. Once an IPRA request has been made, it is the university鈥檚 responsibility to comply with state law. And it bears mentioning that the term 鈥渧ote鈥 has a legal meaning to it, putting it in a different category than a survey or a poll.

During the week of May 4, the law school faculty members voted on whether to retain their dean. The rules require the provost to share the vote with the faculty. Since this has not occurred, some faculty members, including myself, filed IPRA requests with the university. My own IPRA request to the university should have resulted in the release of information on June 24. The university, however, gave itself a three-week extension, and its stated reason was something the state鈥檚 highest court deemed unlawful more than four decades ago.

The release of information is vital not only to the decisional process of retaining the dean but also to the institutional integrity of New Mexico鈥檚 public institutions. Those who disfavor the renewal of Dean Camille Carey鈥檚 reappointment state that 鈥渕any鈥 faculty and 鈥渕any鈥 students have talked to them about the law school environment. The faculty vote would clarify whether these concerns are real and whether the 鈥渕any鈥 are truly a 鈥渕any鈥 or a few.

UNM should not shirk from its duty to obey state law and release the information without delay. This obfuscation mirrors the Nixon administration鈥檚 conduct during Watergate or other more recent unlawful refusals to honor the public鈥檚 right to know.

Both those who oppose and support the dean鈥檚 reappointment want the same thing: a law school that serves New Mexico, though they differ in how to get there. As a matter of integrity, both sides should want the faculty vote made public. Releasing the faculty vote is a step in ensuring that UNM does not become a pioneer in skirting its own rules and ignoring state law. Until the university fully and immediately releases the results of the faculty vote, our university is depriving all New Mexicans of our right to information. Democracy and institutional legitimacy grow in sunlight while values in opposition thrive in the dark.

Joshua Kastenberg is a constitutional law professor at the University of New Mexico.