First Judicial District Judge Sarah Singleton today ruled against the Public Education Department when it tried to block the payment of legal fees it made necessary by failing to comply with the New Mexico law known as the Inspection of Public Records Act. Attorney Todd Wertheim, representing the National Education Association- New Mexico, which is the plaintiff in the case, estimates the total fees awarded at today’s hearing will be $14,071.31. This is in addition to fines the agency must pay of $485.
“If the Public Education Department had been as transparent as the Governor claims her administration is, not one penny of legal fees would be required. If they were transparent, none of this would be necessary,” said Betty Patterson, NEA-NM President. "The Judge’s ruling today affirms the law’s requirements that government documents should be accessible to all New Mexicans, and no agency is above the law.”
Today’s hearing focused exclusively on the matter of legal fees to be paid by the P.E.D. for their failure to comply with the Inspection of Public Records Act requirements - in the matter of the Secretary of Education's now debunked statement justifying their new seriously-flawed teacher evaluation system.
The P.E.D. continues to be less than open with the public and the legislature as it advocates for continuation of their seriously flawed teacher evaluation program.
Judge Singleton ruled on July 2, 2015, the P.E.D. violated the “Inspection of Public Records Act.” The P.E.D. failed for nine months to disclose data to prove a statement made by Secretary Skandera and other departmental officials; that the teacher evaluation system put in place, under the prior administration, had failed because it determined that more than 99% of all teachers were proficient. Judge Sarah Singleton ruled, that in addition to the failure to respond to the records request, “. . . what I believe is that you have a very important statement that has been made, and you really have no basis that you can document for that statement.”