Copyright © 2018 Albuquerque Journal
The University of New Mexico Foundation says it will appeal a judge’s decision that it must comply with the state’s transparency law, saying it has a “legal, fiduciary and moral” obligation to protect donor information.
State District Judge Nancy Franchini recently ordered the foundation to release documents to independent journalist Daniel Libit, who had sued the foundation for alleged violations of the New Mexico Inspection of Public Records Act. The foundation has argued that IPRA does not apply because it is a private entity, but Franchini’s order noted that it met all nine court-established criteria used to determine when a private body acts on behalf of a public agency and its records are subject to IPRA.
“The Foundation acts on behalf of the University in its fundraising efforts,” Franchini’s written ruling states. “The University’s and the Foundation’s fundraising efforts are inherently public in nature.”