DOJ: Clovis policy violates 'spirit of the law'

New Mexico’s Department of Justice issued a ruling Thursday that Clovis schools are violating the “spirit of the law” with their online meetings policy.

Schools Superintendent Renee Russ said Friday the board will change its policy at its next meeting to “align with the guidance” from DOJ.

The policy requires those watching school board meetings online keep their cameras on with their face visible to board members throughout the meeting.

A letter to school board members from Assistant Attorney General Stephanie Padilla reads in part:

“Requiring attendees to have their cameras on violates the spirit of the law as this requirement limits accessibility to those wishing to attend and listen virtually.”

Access should be provided “without limitation by the public body just as in-person attendance must be allowed without limitation,” Padilla wrote.

Superintendent Russ wrote in an email to The News on Friday morning that the board “will make adjustments at the next board meeting to align with the guidance provided by the Department of Justice, while continuing to consult with legal counsel.”

Russ also wrote: “We encourage lawmakers to clarify the law further, so school boards across the state can implement processes that meet the intended requirements.”

She said the board adopted its initial policy in effort to comply with the law “despite the law’s ambiguity and lack of specific guidelines.”

It wasn’t immediately clear if the policy change will take place at this Tuesday’s meeting, scheduled for 5:30 p.m. at the administration office at 1009 Main St.

The DOJ’s investigation into the school’s policy began after it received formal complaints from the New Mexico Foundation of Open Government and Jelayne Curtis, a longtime executive assistant for multiple Clovis school superintendents. Curtis began questioning the policy after she was removed from online meetings because she wasn’t sitting in front of a camera.

“I am elated to see that NMFOG and the NMDOJ went forth and upheld the public’s right to access the district’s proceedings without limitations …,” she wrote in a text message to The News on Friday.

“This is an encouraging step toward ensuring transparency.”

FOG Executive Director Melanie Majors also applauded the ruling from the Justice Department. A news release from FOG also stated:

“The NMDOJ noted that future complaints related to the Clovis School Board will be examined by the Department with increased scrutiny, and that the Department may conduct further investigation into the Board’s training and policies to determine whether additional intervention is needed, including a possible enforcement action to ensure government accountability.”

A link to watch CMS board meetings can be found on the agenda, which is located at the CMS website: http://www.clovis-schools.org/