STATE OF NEW MEXICO OFFICE OF THE ATTORNEY GENERAL HECTOR i. BALDERAS ATTORNEY GENERAL April 30, 2018 University of New Mexico Board of Regents MSCOS 3200 1 University of New Mexico Albuquerque, NM 87131 President Garnett Stokes MSCO5 3300 1 University of New Mexico Albuquerque, NM 87131-0001 Dear Regents and President Stokes: As you are aware, in May of 2017 I announced that the Office of the Attorney General would be conducting a comprehensive civil and criminal review of the University of New Mexico. Thi investigation was initiated due to public disclosure of very serious allegations of possible misuse of public funds and other abuses. Since my office initiated this investigation, my staff has been working closely with the University to gather information that st in our review. In spite of representations by UNM that they will cooperate with the Office of the Attorney General and that the University “welcomes the oversight of state offices charged with protecting taxpayers” interests,” we have encountered numerous deficiencies, omissions and delays in our requests for documents and apparent misrepresentations. By way of example, emails clearly responsive to our request were inexplicably withheld until it was brought to the attention of the University that we were aware of their existence from another source. As such, my General Counsel, Ken Stalter, wrote to University Counsel, Elsa Kircher Cole, to express concem over the University’s continued lack of transparency. At this juncture in the on-going investigation being conducted by my office, I thought it appropriate to communicate directly to the Regents and President my grave concem that the pervasive culture of silence engrained within the University is harming the interests of students and taxpayers. 1 am requesting assistance from you to improve the “tone at the top”. As Regents TOLL FREE 1-844-255.9210 + TELEPHONE: (505) 190-4060 » FAX: (505) 490-4983 » wivw.nmag gov MAILING ADDRESS: P.O. DRAWER 1508 * SANTA FE, NEW MEXICO 87504-1508 ‘STREET ADDRESS: 408 GALISTEO STREET * SANTA FE, NEW MEXICO 87501and the President, you can assist in ensuring this tone is one of transparency and focuses on the importance of proper stewardship of taxpayer funds. The lack of transparency my office has encountered throughout the course of our review is an indication that immediate actions need to be taken by the Regents and President to put a stop to practices that continue to threaten the future of the University and the rights of students. ‘The University continues to propose tuition increases and cuts to student services and activities as a means of addressing years of financial and administrative mismanagement, but | implore you to initiate actions that will force the type of proper institutional transparency necessary for the University to end these destructive practices. Although my investigation remains ongoing, ‘one practice that requires immediate intervention is the University’s continued failure to disclose stances of internal misconduct to all proper authorities. The inherent conflict of University police or administrators conducting “investigations” that in any way involve potential criminal actions perpetrated by University personne! can no longer be ignored. I have identified potential solutions that will improve transparency, disclosures and accountability and would like the opportunity to engage you in this dialogue. Protecting the interests of New Mexico students and taxpayers is a common goal I know we all share, Therefore, as the civil and criminal review progresses, | reiterate the need for University cooperation. Without such, we will be forced to seek alternative remedies through the court system. If you would like additional information, please feel free to contact me. Sincerely, the be Hector H. Balderas Attomey General