46th legislature - STATE OF NEW MEXICO - first session, 2003

PROPOSING AMENDMENTS TO ARTICLE 12 OF THE CONSTITUTION OF NEW MEXICO TO MAKE CHANGES IN THE SELECTION PROCESS FOR BOARDS OF REGENTS.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. It is proposed to amend Article 12, Section 13 of the constitution of New Mexico to read:

"The legislature shall provide for the control and management of each of said institutions [except the university of New Mexico] by a board of regents for each institution, consisting of [five] seven members, four of whom shall be qualified electors of the state of New Mexico, one of whom shall be a member of the student body of the institution, one of whom shall be a full-time, tenured member of the faculty of the institution and no more than [three] four of whom at the time of their appointment shall be members of the same political party; provided, however, that the student body and faculty member provision in this section shall not apply to the New Mexico school for the deaf, the New Mexico military institute, the northern New Mexico state school or the New Mexico school for the visually handicapped, and for each of those four institutions [all five members of] the board of regents shall consist of five members, all of whom shall be qualified electors of the state of New Mexico. The governor shall nominate and by and with the consent of the senate shall appoint the members of each board of regents for each of said institutions. The terms of said nonstudent and nonfaculty members shall be for six years, provided that of the five first appointed the terms of two shall be for two years, the terms for two shall be for four years, and the term of one shall be for six years. Following the approval by the voters of this amendment and upon the first vacancy of a position held by a nonstudent member on each eligible institution's board of regents, the governor shall nominate and by and with the consent of the senate shall appoint a student and a faculty member to each serve a two-year term. The governor shall select, with the advice and consent of the senate, a student and a faculty member from [a list] lists provided by the president of the institution. [In making the list] The president of the institution shall [give due consideration to the recommendations of] select nominees from lists provided by the student body [presidents] and faculty senate president of the institution.

[The legislature shall provide for the control and management of the university of New Mexico by a board of regents consisting of seven members, six of whom shall be qualified electors of the state of New Mexico, one of whom shall be a member of the student body of the university of New Mexico and no more than four of whom at the time of their appointment shall be members of the same political party. The governor shall nominate and by and with the consent of the senate shall appoint the members of the board of regents. The present five members shall serve out their present terms. The two additional members shall be appointed in 1987 for terms of six years. Following the approval by the voters of this amendment and upon the first vacancy of a position held by a nonstudent member on the university of New Mexico's board of regents, the governor shall nominate and by and with the consent of the senate shall appoint a student member to serve a two-year term. The governor shall select, with the advice and consent of the senate, a student member from a list provided by the president of the university of New Mexico. In making the list, the president of the university of New Mexico shall give due consideration to the recommendations of the student body president of the university.]

Members of the board shall not be removed except for incompetence, neglect of duty or malfeasance in office. Provided, however, no removal shall be made without notice of hearing and an opportunity to be heard having first been given such member. The supreme court of the state of New Mexico is hereby given exclusive original jurisdiction over proceedings to remove members of the board under such rules as it may promulgate, and its decision in connection with such matters shall be final."

Section 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.