The University of New Mexico Board of Regents has scheduled a closed-to-the-public executive session for its May 25 meeting, to discuss UNM President David J. Schmidly‘s annual performance evaluation.
According to a public notice, “determination” and actions may be taken in the executive session, out of public view, although they will be ratified in open session following the closed meeting.
That practice is a “big red flag,” according to NM Foundation for Open Government Executive Director Sarah Welsh.
Under the state Open Meetings Act, no decisions can be made in closed session, Welsh said.
“Under OMA, they shouldn’t be taking any sort of vote at all in executive session,” Welsh told The Independent. “It’s just a discussion.”
This is not the first time UNM directors have planned to vote in executive session. The university’s Lobo Development Corporation board did the same thing last month.
The Independent’s recent review of public meeting agendas and minutes from dozens of local, county, school and state agencies in New Mexico found that executive session rules are routinely ignored across the state.
Schmidly made headlines in 2008 over charges of nepotism.
Schmidly’s son Brian Schmidly turned down a $94,000 a year UNM job promoting energy efficiency after faculty and staff raised concerns about favoritism and nepotism. His father had created the position in June 2008 but Brian Schmidly’s hiring was not announced until the university’s fall break that year.