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Opinion: Transparency key to hiring qualified public officials

Good legislation should address real issues of importance to all New Mexicans.

When the current legislative session started, New Mexicans were hopeful a dose of sunshine would filter through the Roundhouse. Recent actions in two key Senate committees are damaging steps in curtailing the public’s scrutiny of those individuals who apply for jobs as school superintendents, city and county managers and other high-level government jobs.

Good legislation should consider the desires of the majority of constituents – especially when the New Mexico Press Association’s most recent survey shows that more than seven out of 10 New Mexicans, that’s 72 percent, believe the bill to prevent non-elected positions from being made available to the public should be defeated.

Good legislation should be based on facts and current data and in this instance that is not the case. Senate Bill 63’s sponsor has continuously stated that New Mexico is one of only five states that allow the public to know the names of the candidates for public jobs before they are hired. Research conducted by the Reporters Committee shows that the states of Alabama, Alaska, California, Connecticut, Florida, Indiana, Louisiana, Minnesota, Montana, Nebraska, Nevada, New York, North Carolina, North Dakota, Ohio and Tennessee all have laws that ensure hiring records are open to the public. Along with these 16 states, several other states allow for dissemination of the information with some redaction.

At the Foundation for Open Government, we have been advocating, educating and litigating for transparency for more than three decades. Secrecy is not necessary to get excellent candidates. The hiring of public officials is essential to a transparent government – an essential aspect of a free society. The public needs to know that those individuals hired to manage multi-million dollar budgets, oversee public projects and manage hundreds of employees are of the highest quality.

We know that secrecy in hiring has cost minorities and women opportunities by allowing decision-makers to say there weren’t any qualified minority candidates – while keeping evidence to the contrary confidential.

What if an agency announces finalists that are all white males, and when the public objects, asserts that these were the best-qualified applicants? Shouldn’t the public be able to test that assertion? How do we ensure gender, race, age, or other factors of equality in hiring if there is limited transparency?

These are jobs paid for by taxpayers, with important public duties, and the public has the right to know as much about the applicant pools as possible. New Mexico’s policy of open government is intended to protect the public from having to rely solely on the representations of public officials that they have acted appropriately.

Good legislation and good legislators should know this and oppose this bill.

Melanie Majors is executive director of New Mexico Foundation for Open Government. Contact her:

[email protected]