Albuquerque Journal

AG to UNM: Reconsider process

Balderas threatens lawsuit if ignored

- BY GEOFF GRAMMER JOURNAL STAFF WRITER

New Mexico Attorney General Hector Balderas on Thursday says he is willing to take the University of New Mexico to court if Balderas says UNM should name employee being discussed

Metro & NM A9

it doesn’t redo the entire process that led the Board of Regents’ vote to discontinu­e four sports.

Balderas’ office on Wednesday issued an opinion in response to two formal complaints that the July 19 Board of Regents decision violated the state’s Open Meetings Act by not adequately informing the public about the matters to be discussed in that public meeting. On Thursday, he upped the ante.

Not only does Balderas consider the July 19 meeting invalid because of his decision regarding the Open Meetings Act violation, but he said at a news confer-

ence Thursday he will take the university to court if it doesn’t adequately open the entire evaluation process about what, if any, sports would be cut.

The board voted 6-0 on July 19 to approve a proposal from Athletic Director Eddie Nuñez and UNM President Garnett Stokes to eliminate men’s soccer, men’s and women’s skiing and the women’s beach volleyball teams after this coming fiscal year.

“I’m calling on the University of New Mexico to increase transparen­cy and accountabi­lity,” Balderas said, “but most importantl­y to reconsider their entire evaluation process ... and methodolog­y as well as redo their meeting agenda and action that they wish to take. This means that they must not only provide the accurate informatio­n, but I want them to improve their process of evaluation and their process by which they involve the community members and the student population that they’re impacting.”

A UNM spokespers­on said Thursday afternoon that the school was unable to comment because it had not received any communicat­ion from Balderas about what additional measures he was seeking beyond Wednesday’s legal opinion. That opinion said the regents should issue a new agenda and take a new vote within 15 days.

Regarding further communicat­ions with UNM, Balderas said during the news conference, “I’m putting them on notice today through the general press that they are still subject to full enforcemen­t action by the Office of the Attorney General.”

UNM was not notified of the news conference and was still unaware of it until contacted by the news media afterward.

Later Thursday, the Journal obtained a copy of UNM’s response to Wednesday’s letter from the Attorney General’s Office that stated UNM takes its responsibi­lities and obligation­s under the law seriously and, as such, “ask that (the AG’s Office) reconsider your conclusion­s and rescind your letter.”

In UNM’s five-page response, signed by Patrick Hart, associate university counsel, it states the Board of Regents “intends to hold a special meeting to reconsider it’s actions” regarding the July 19 vote. That meeting will be in the 15-day time frame sought by the AG.

It also states: “Although this issue is moot in light of the upcoming meeting and agenda, the University would neverthele­ss like to address the alleged non-compliance because (1) it was never the University’s intent to be vague or overly broad in the agenda item, and (2) the University believes that the agenda item complied with the guidance provided by the AG Compliance Guide.”

Balderas also expressed frustratio­n, and even said he is “angered” with UNM because this is not first time the university has faced legal challenges related to transparen­cy and handling of money. He said the university is “causing a crisis of confidence in the community” by repeatedly opening itself up to potential litigation.

“My number one job is to ensure that the University of New Mexico follows the law and is able to govern in a way that they go back to the business that they should be in, which is educating students, and not get the university exposed to lawsuits and investigat­ions,” Balderas said. “They have not had a good track record. We still have pending, ongoing matters that we’re investigat­ing at the university. It is much cheaper, safer and effective to just be overly transparen­t, overly report and follow the law. I believe that they have their work cut out for them to turn around a quick plan to address all these issues.”

He later said “the clock is ticking” on UNM to get the matter resolved, but he is “prepared to go to a court of law and defend these students if they (UNM) have not remedied the situation within 15 days.”

UNM had said its decision to cut sports was threeprong­ed: to cut costs after multiple budgets that have ended in the red; to address the athletic department’s non-compliance with federal Title IX gender equity guidelines; and to stay in line with Mountain West Conference affiliatio­n (each sport cut was not a member of the MWC while all 18 sports remaining are).

Balderas criticized UNM for failing to provide its reasoning for the cuts until very late in the process.

UNM has also said it needed to address it obligation­s to the state’s Higher Education Department, which has placed Lobo athletics on an Enhanced Fiscal Oversight program that includes Athletics paying back past debts and tightening its belt. The budget plan UNM has sent to HED includes $1.9 million in future cuts by a “reduction in sports.”

Higher Education Secretary Barbara Damron said late Thursday that she was encouraged to see that UNM has “taken concrete steps to address the deficienci­es in the Athletics budget.”

But she also said UNM’s leadership and regents “have sole authority to determine which steps should be taken as it exercises its fiduciary reponsibil­ities.”

Balderas earlier in the day posted on his Twitter account a link to a Journal article on his Wednesday ruling and included the comment: “This is an opportunit­y to get this right for our students and community. @UNMLOBOS #nmsports #nmpol #nmleg”

Asked Thursday if he was suggesting he was telling UNM he disagreed with the decision to cut sports, Balderas said the tweet was only meant to imply the process can be fixed.

“What I’m saying is they need to be transparen­t with their methodolog­y,” Balderas said. “Set the highest standard of a review process. And artfully communicat­e that with the general public. Their final outcome is up to them.”

Later in the question-andanswer session with media, Balderas did say he was aware of several local lawmakers who have said since the July 19 vote that they wished UNM had come to them to ask for help if they were contemplat­ing cutting sports and that he would hope UNM does that now. UNM has contended that it has repeatedly requested extra funding specifical­ly for Athletics.

Since the spring of 2017, the AG’s Office has had an ongoing investigat­ion into UNM athletics about transparen­cy and financial matters. Balderas said there is no timetable on when that will be resolved.

He said his office continues to look into whether any laws were violated relating to the use of public funds or in its obligation­s to be open and transparen­t.

 ?? ROBERTO E. ROSALES/ JOURNAL ?? New Mexico Attorney General Hector Balderas addresses local media on Thursday from his downtown Albuquerqu­e offices about UNM’s recent decision to cut sports.
ROBERTO E. ROSALES/ JOURNAL New Mexico Attorney General Hector Balderas addresses local media on Thursday from his downtown Albuquerqu­e offices about UNM’s recent decision to cut sports.

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