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.