August 7, 2008
Albuquerque Journal
Tech Learns a Lesson (Editorial)
When the local institution of higher learning gets involved in extracurricular activities like air-to-ground gunnery, the neighbors get curious.
And when the local institution is part of state government and supported by taxpayers, the neighbors are entitled to have that curiosity satisfied, according to the Inspection of Public Records Act, even if it provides ammunition to oppose government plans.
Though that seems obvious, the administration at New Mexico Tech apparently didn't understand until District Judge Kevin Sweazea made it clear.
Tech went through a process that culminated in an agreement that would allow the U.S. Air Force to use Tech property for training activities. The noncredit coursework for the 58th Special Operations Wing out of Kirtland Air Force Base includes air drops of cargo and troops from C-130s.
There is also the potential for aerial shooting practice at targets on the ground at the Energetic Materials Research and Testing Center. Energetic materials are typically things that go boom, and the center appropriately is located on the far side of Socorro Peak from town and the Tech campus.
But there are neighbors, like the owners of Kokopelli Ranch next door to the drop zone. They and other concerned residents in the area wanted to see all the documentation, including environmental assessments, that led up to the deal. Tech said only the final contracts were suitable for public viewing.
The judge said: Wrong — release the documents. A formal written ruling is yet to come; with it likely will come an order for Tech to pay the legal fees of the residents. It's a common — and appropriate — outcome of these cases. Why should residents have to pay a lawyer to force a government agency to obey the law and make public documents the public already paid for?
Tech's loss should reinforce the resolve of regents at the University of New Mexico as they act Aug. 12 on a proposal to acknowledge and adhere to state public records law.