Dr. Shepard – the focus of a Political Witch Hunt?
By Frost McGahey, Investigative Journalist
At the Prospectors Forum at WNMU in December, legislatures spoke out against the attacks on Dr. Shepard.
Representative Luis Terrazas said, "It's unfortunate that we're getting some special attention from the north that I think is unwarranted and it's not fair."
Senator Crystal Diamond-Brantley called what's happening to Dr. Shepard, "a political witch hunt…by outside influencers."*
On November 18, 2024, Joseph Maestas, the New Mexico State Auditor, sent a Letter of Concern to Mary Hotvedt, President of the Board of Regents, outlining concerns about expenditures. The letter was also sent to the rest of the regents along with several other governmental entities. According to Hotvedt, the regents were never given a chance to explain the expenditures.
That night an auditor at the State's office had a phone call with a reporter at Searchlight New Mexico. The next day the reporter sent an email:
From Joshua Bowling - to David Pena
Thanks, Dave. Really appreciate you and Auditor Maestas taking some time tonight. Have a great rest of your evening. JB
From the auditor Dave Pena:
Here you go! Thanks again for your patience with me.
[Author's Note: This is not the kind of response a reporter gets from an agency after sending an Inspection of Public Records (IRPA) request. ]
On November 21, 2024 Searchlight published an article using the audit to attack Dr. Shepard. This publication began a series of negative stories on Dr. Shepard in December of 2023.
Not contents with the Letter of Concern and the upcoming story in Searchlight, the State Auditor's Office issued a Press Release on November 19, 2024 – WMNU Faces Financial Oversight Challenges.
In that release it mentions:
These allegations were the focus of sensitive information provided by another state agency, discussed during university leadership testimony before State legislative bodies, publicized in media coverage, and included in constituent complaints with the auditor's office.
When the Beat did an IPRA to find out the sensitive information provided by another state agency and the constituent complaints, the request was denied by Susanne Roubidoux, Chief General Counsel, citing two laws.
Unfortunately for Ms. Roubidoux, ChatGPT laws can easily look up laws. The first law cited had to deal with CPAs which the State Auditor is not.**
The second had to deal with another law banning the release of the information.
With regard to constituent complaints, the State Auditor's office could have merely redacted the names of the people, but instead they refused to release any information.
In the next article the beginning of the attack on Dr. Shepard will be explored.
Footnotes:
*Silver City Daily Press, Juno Ogle, December 7, 2024
**NMSA 1978, Section 61-28B-24, titled "Confidential communications," is part of the 1999 Public Accountancy Act, which governs the practice of public accountancy in New Mexico. This section addresses the confidentiality of information obtained by certified public accountants (CPAs) during their professional engagements.
NMSA 1978, Section 14-2-1(L) states that every person has the right to inspect public records of New Mexico, except as "otherwise provided by law." This means that if another law restricts access to certain records, those records are exempt from public inspection under this provision.
