Update: The Española School Board said Jan. 21 the school district will release all superintendent applications.
The Española School Board has taken no steps to make public several discussions it held, likely in violation of the state Open Meetings Act, during a seven-hour closed-door meeting in Santa Fe Nov. 1. But some Board members have since said they would likely support — though to different degrees — making public all applications for the Española School District superintendent’s position.
“I don’t see why it should be a problem to make those documents public,” Vice President Floyd Archuleta said Tuesday.
Superintendent David Cockerham, whose contract expires June 30, has said he plans to keep confidential the applications of all but a handful of job candidates — a violation of the state Inspection of Public Records Act.
A draft superintendent application gives candidates the option of keeping their identities secret “to the extent allowed by New Mexico law.” The law allows colleges and universities to keep confidential all applications for president except finalists for the position. But by law, applications for any public position in the state are public record. Cockerham argues the clause covering post-secondary institutions also extends to the District.
Board member Leonard Valerio told the Board at a Jan. 14 meeting he wants the District to make all applications public.
“I understand that’s what the law says, and I think it would be good community relations with our community and our constituents to make that information public,” Valerio said.
President Joe Romero and Secretary Joann Salazar were more cautious.
“As much as we can send to our constituents that’s good and useful, we should,” Romero said. “But we have to be cautious that we do everything within our legal parameters.”
The Farmington Daily Times newspaper won a 2007 suit in state District Court against the city of Farmington when the city declined to make public applications for city manager that year. The city has appealed, and the case awaits a ruling in the state Court of Appeals.
Romero and Salazar presumably referred to Cockerham’s argument that because the case is still under review, the District is not required to make the applications public. New Mexico Foundation for Open Government Director Leonard DeLayo said regardless of the status of Farmington’s appeal, the law still requires applications to be made public.
Archuleta countered Cockerham’s argument that releasing applicants’ names could jeopardize their current jobs.
“When a person applies for a job, that’s just risk they are taking,” Archuleta said. “Those kinds of exempt positions like superintendent and city manager, I don’t think people intend them to be forever.”
And when Cockerham applied for the superintendent’s job with the Carlsbad School District last year, the Española Board did not retaliate against him, Archuleta pointed out.
“I’m sensitive to protecting people’s integrity with their current jobs,” Archuleta said. “But if the law provides for us to make (the applications) public, we should make them public.”
Archuleta and Board member Andrew Chavez both said they would bring up the applications at a public work session scheduled for Wednesday (1/21).
“We must do what we need to do within the law,” Chavez said. “If the law permits us to release the applications, we should. I haven’t seen (the draft application) at this time, but if that (confidentiality) clause is there, I will definitely make mention of that to the Board.”