Opinion: ENMU regents' actions were sleazy

Eastern New Mexico University’s president and system chancellor has a new contract. You’ll see no complaints from this space regarding the terms of that deal. James Johnston has proven himself a capable leader over the past 12 months.

But the manner in which Johnston’s contract was awarded last week by university regents was sleazy at best.

Beyond the flagrant disregard for the state’s Open Meetings Act – the law that requires “public business be conducted in full public view” – regents’ actions lead to questions about what else they might be doing without public knowledge.

Records obtained late last week by The Eastern New Mexico News show Chancellor Johnston has had at least two pay increases in the past year, one the public was never specifically told about, the other never voted on by regents in a public meeting as the law requires.

Officials’ explanation for the violations of the Act need explanations of their own.

Agenda offered no action item

The stench from regents – Johnston’s supervisors -- became evident last Wednesday. That’s when they met in Santa Fe with an agenda that included discussion “pertaining to the Presidential contract renewal” in executive session. There was no action item on the agenda following the executive session, meaning no authority to act on the president’s contract.

Somehow on Friday, the university announced in a news release that Johnston had been awarded a contract extension through Jan. 1, 2028. The decision was reached “unanimously” according to the news release.

Documents obtained by The News through a public records request show the contract calls for a $17,045 annual raise, opportunity for a $50,000 retention bonus, and $4,800 more annually (from $600 monthly to $1,000 monthly) for a car allowance.

Asked why regents violated the Open Meetings Act – no public vote and no action item on the agenda – university spokesman John Houser responded:

“I think there is some confusion here. There was no vote taken. The Board conducted a personnel evaluation, and the board and president were mutually interested in extending the president’s contract.”

Yes, there certainly is some confusion here.

‘Mutually’ agreed sounds like a vote

Melanie Majors, executive director of the New Mexico Foundation for Open Government, is less confused.

“(T)he Open Meetings Act clearly states that no, NO action may take place in executive session,” she wrote in an email in response to regents’ actions. “The item may be discussed, but the actual vote must, MUST be made in public – no exceptions. This is a violation, a definite violation.”

And now we know last Wednesday wasn’t the first time Johnston has received a pay raise since he was hired last January.

Records obtained Friday by The News show that on July 1 Johnston received a pay increase from $268,000 annually to $284,080. A document reporting the increase was signed by Phillip Bustos, who was regents’ president at the time. ENMU officials said all state employees received a 6% raise at that time, which was reflected in minutes from an April meeting. But no one mentioned – in the meeting minutes or otherwise -- that included a $16,080 mid-year pay hike for the president.

University officials said the pay raise and contract extension approved by regents last Wednesday will be reflected in the minutes of the regents’ next meeting.

That should be interesting, because it’s not at all clear how that pay raise came about.

When was contract approved?

At one point, university officials said Regent Lance Pyle announced regents approved the new contract in a public statement after the executive session ended. When Pyle denied that happened, ENMU said it would “make the correction.”

So it looks like ENMU will try to have us believe regents “mutually” agreeing to something is somehow different than a vote, which, by law, must be done in public.

This is also interesting: Johnston’s new contract became effective Jan. 3 – two weeks before discussion of the president’s contract renewal was on the regents’ agenda last Wednesday. He began seeing the higher salary with last Friday’s paycheck.

Our newspaper on Monday, along with the Foundation for Open Government, filed formal complaints with the state’s Office of Attorney General asking it investigate regents’ pompous disregard for the state’s government-transparency laws.

This space is intended to shame them into being more responsible stewards of taxpayer money. The AG has authority to help them understand the state’s sunshine laws are actual laws, not just good ideas, by fining them each up to $500.

Slippery slope needs spotlight

Some may say this was not a big deal, just a “slippery slope” argument from a stickler for details. Regents can still comply with the state law by holding another meeting and voting in public as they should have done last week.

But if nothing is said, and regents think they can “mutually” agree to funnel tens of thousands of dollars to the president without a public vote, can they also “mutually” agree to raise tuition or call a bond election without voting?

And if ENMU can “mutually” agree to hand out pay raises or increase taxes without voting in public, can’t the city of Clovis do the same thing?

What’s perhaps most infuriating about the actions of these regents is that Johnston doesn’t deserve to be at the center of their antics.

By most accounts, he’s done a nice job leading the university back from COVID and into a new period of growth.

Regent Pyle, who supports the contract he said was negotiated with Regents President Trish Ruiz, declined to speak publicly about how this has all played out. But he spoke openly about the job he feels Johnston has done in his first year.

“He and his wife Stephanie have done outstanding in connecting within the community, building relationships and promoting ENMU,” Pyle said.

“I look forward to seeing his leadership and the direction he takes ENMU in the years to come.”

Let’s hope Johnston’s leadership is not brought into question by the shameful actions of his bosses.

David Stevens is editor and publisher of Clovis Media Inc. Email him at:

[email protected]

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