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This editorial first appeared in the Albuquerque Journal. It was written by editorial page staff and is unsigned as it represents the opinion of the newspaper rather than the writers

Sunday, November 23, 2008

NMSU Regents Should Search Out in the Open



          If we can't do the public's business behind closed doors, we just won't do it at all.
        That seems to be the message coming out of the New Mexico State University Board of Regents. Members have canceled the search for a new university president, blaming the state Inspection of Public Records Act provision that requires they release the names of at least five finalists before making a hire.
        Regents Chairman Bob Gallagher says another institution hired one of the finalists and the other four pulled out because they didn't want their names disclosed — even though they were told that was part and parcel in being considered for the job.
        "They backed out because they felt it would hurt their current positions," Gallagher says. That sounds like a bad Aggie joke — top-tier applicants send out résumés to get jobs, then make the short list and decide they don't want to be finalists?
        The University of New Mexico, it should be noted, has conducted two successful searches following these rules. In fact, NMSU followed the rules in 2004 in selecting Michael Martin as its president. Gallagher said at the time he had to "eat crow" because of his stated fears that the law would discourage high-ranking candidates. The regents liked Martin so much they didn't even enforce his salary giveback provision when he bolted for the top job at Louisiana State University.
        Now, those same regents would have us believe they just can't come up with five worthy finalists willing to go through the public vetting process.
        A cynic might suspect other agendas at work.
        Meanwhile, after the four finalists said thanks but no thanks, the search was canceled. Even though taxpayers shelled out $90,000 for it, and even though there were 38 other candidates. Even though 12 applicants made the first cut and eight made the second.
        Chuck Peifer is a Foundation for Open Government board member who represented FOG and the Journal against UNM over its 1998 presidential search. He makes a good case when he points out "the statute that requires finalists be disclosed has been in effect for a number of years; it has never been a problem before this announcement by New Mexico State. It's disappointing that in order to end-run the statute they propose to cancel their presidential search." He also pointed out that the 1998 case led to the law requiring five finalists be revealed — a legislative compromise limiting what would have been much broader disclosure of applicants.
        Instead of faulting a law that does nothing more than require a public institution to show good faith and due diligence in its efforts, and give the university community an opportunity to watch the candidates in action, NMSU regents should play by the rules and continue the presidential search in the open. Now that interim president Waded Cruzado has decided she wants to stay on, she should go through that process, too.