HOUSE BILL 16
52nd legislature - STATE OF NEW MEXICO - second session, 2016
INTRODUCED BY
Patricia A. Lundstrom
AN ACT
RELATING TO HIGHER EDUCATION; REQUIRING BRANCH COMMUNITY COLLEGE BOARD APPROVAL OF PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS' BOARDS OF REGENTS' EMPLOYMENT DECISIONS REGARDING BRANCH COMMUNITY COLLEGE DIRECTORS OR PRESIDENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 21-14-2 NMSA 1978 (being Laws 1963, Chapter 162, Section 2, as amended) is amended to read:
"21-14-2. BOARD DUTIES--RELATIONSHIP WITH PARENT INSTITUTION--ELECTIONS.--
A. As used in Chapter 21, Article 14 NMSA 1978, "board" means either the local school board or the combined local school boards acting as a single board of the school district or the board of the branch community college elected pursuant to Section 21-14-2.1 NMSA 1978.
B. The duties of the board are to:
(1) enter into written agreements with the board of regents of the parent institution, subject thereafter to biennial review by all parties concerned and to the review and commentary of the [commission on] higher education department;
(2) act in an advisory capacity to the board of regents of the parent institution in all matters relating to the conduct of the branch community college;
(3) approve an annual budget for the branch community college for recommendation to the board of regents of the parent institution;
(4) certify to the board of county commissioners the tax levy; and
(5) conduct the election for tax levies for the branch community college.
C. The board and the board of regents of the parent institution of the branch community college shall jointly conduct a search for qualified candidates for director or president. The board of regents of the parent institution [after consultation with the board, shall then select a director for the] shall obtain the approval of a majority of the members of the board for the:
(1) selection of a branch community college director or president;
(2) terms of the employment contract for the branch community college director or president and renewals of the employment contract; and
(3) suspension, termination or retention of the branch community college director or president.
D. The board and the board of regents of the parent institution shall enter into a written agreement, which shall include provisions for:
(1) the higher education institution to have full authority and responsibility in relation to all academic matters;
(2) the higher education institution to honor all credits earned by students as though they were earned on the parent campus;
(3) the course of study and program offered;
(4) the cooperative use of physical facilities and teaching staff;
(5) consideration of applications of local qualified people before employing teachers of the local school system; and
(6) the detailed agreement of financing and financial control of the branch community college.
E. The agreement shall be binding upon both the board and the board of regents of the parent institution; however, it may be terminated by mutual consent or it may be terminated by either board upon six months' notice. However, if the branch community college has outstanding general obligation or revenue bonds, neither the board nor the board of regents may terminate the agreement until the outstanding bonds are retired, except as provided by Section 21-13-24.1 NMSA 1978. This provision shall apply to all agreements in existence between the branch community college and the board of regents of the parent institution.
F. All taxes levied to pay for principal and interest on bonds of the branch community college shall be in addition to the taxes levied for operating, maintaining and providing facilities for the branch community college pursuant to the College District Tax Act.
G. For the purpose of relating branch community colleges to existing laws, branch community college districts or branch community colleges shall not:
(1) be considered a part of the uniform system of free public schools pursuant to Article 12, Section 1 and Article 21, Section 4 of the constitution of New Mexico;
(2) benefit from the permanent school fund and from the current school fund under Article 12, Sections 2 and 4 of the constitution of New Mexico;
(3) be subject, except as it relates to technical and vocational education, to the control, management and direction of the public education department; and
(4) be considered school districts insofar as the restrictions of Article 9, Section 11 of the constitution of New Mexico are concerned.
H. All elections held pursuant to the branch community college laws shall be as follows:
(1) the board calling the election shall give notice of the election in a newspaper of general circulation in the branch community college district at least once a week for three consecutive weeks, the last insertion to be not less than thirty days prior to the proposed election;
(2) the election shall be conducted and canvassed in the same manner as municipal school district elections unless otherwise provided in the branch community college laws; and
(3) any person or corporation may institute in the district court of any county in which the branch community college district affected lies an action or suit to contest the validity of any proceedings held under the branch community college laws, but no such suit or action shall be maintained unless it is instituted within ten days after the issuance by the proper officials of a certificate or notification of the results of the election and the canvassing of the election returns by the board.
I. The tax rolls of the school districts comprising the branch community college district shall be adopted as the tax rolls of the branch community college district."
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