STATE OF NEW MEXICO
OFFICE OF THE ATTORNEY GENERAL

 

HECTOR H. BALDERAS
ATTORNEY GENERAL

February 21, 2019

 

Via Email First Class Mail
Loretta Martinez

Chief Legal Counsel

Of?ce of University Counsel
MSCOS 3440

1 University of New Mexico
Albuquerque, NM 8713 1-0001

Dear Ms. Martinez,

The Of?ce of the Attorney General (OAG) has received inquiries regarding the University of
New Mexico, and in particular the Health Sciences Center?s payment of advanced degree tuition
and travel expenses for UNM employees. These inquiries are particularly concerning in light of
the current financial risk advisory to the University, as well as our ongoing oversight of
these and related issues.

In particular, the OAG is concerned that these payments amount to fringe bene?ts and
compensation to these individual employees, which must be compliant with with State and
Federal law. Further, assuming this form of compensation is compliant with those requirements,
these expenditures must be directly tied to the University?s mission, should be offered in parity
to the entire University staff and not just a select subgroup, and ultimately they must benefit
UNM students. In addition to these concerns, the OAG is concerned with potential constitutional
anti-donation issues arising from these expenditures, and also what the University's policies are
for ensuring appropriate accountability during times when the State?s budget is under constraint.

As the OAG fully evaluates this matter, we may contact the University for additional information
and documentation related to these concerns. Thank you for your prompt attention to this matter.
The OAG looks forward to working with you to ensure that the University is compliant with
state and federal law, and that any action such as these are in the best interests of UNM students.

Sincerely,

 7714(4th

Tania Maestas
Chief Deputy Attorney General