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Attorney general, lawmakers unveil plan to increase oversight over NM university leaders

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New Mexico Attorney General Raúl Torrez speaks during a February news conference at the Roundhouse, as Senate Finance Committee Chairman George Muñoz, D-Gallup, right, and other lawmakers look on. The attorney general is investigating whether to launch removal proceedings against a Gallup-based district attorney whose office was defunded by the Legislature.
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New Mexico Attorney General Raúl Torrez talks with House Speaker Javier Martínez, D-Albuquerque, before a Monday news conference at the state Capitol in Santa Fe. Amid several high-profile recent cases, the attorney general unveiled a legislative package aimed at stepping up oversight over top university administrators.
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SANTA FE — New Mexico university leaders would face enhanced oversight — including outside approval of contracts for certain administrators — under a package of bills proposed by the state’s attorney general and top-ranking Democratic legislators.

The push by Attorney General Raúl Torrez comes after several recent scandals involving New Mexico university administrators, including a $1.9 million severance payout to former Western New Mexico University President Joseph Shepard.

That “golden parachute” payment prompted the attorney general to file a lawsuit against Shepard and WNMU’s board of regents, whose resignations were also requested by Gov. Michelle Lujan Grisham.

While the lawsuit is still pending, the legislative package filed at the Roundhouse would clarify regents’ duties and the process for removing them from their appointed positions.

A separate part of the package would require that contracts with university presidents, athletic directors and other top administrators be approved by the state Board of Finance.

“We owe it to the students at these institutions, to the taxpayers that help fund them, that their tax dollars are spent effectively and in service of the students, faculty and all of those who work at these public institutions,” House Speaker Javier Martínez, D-Albuquerque, said during a Monday news conference at the state Capitol.

For his part, Torrez said the proposals would bring much-needed accountability and oversight to New Mexico’s higher education system.

He also said he’s motivated to ensure student needs are prioritized ahead of the needs of “presidents, administrators and others who have developed a close personal relationship with the governing board.”

However, the higher education package could also give more authority to other political appointees, including the seven-member state Board of Finance.

Per state law, the governor acts as chair of the Board of Finance and appoints four of its seven members. The lieutenant governor and state treasurer are also members.

Torrez said the Board of Finance was selected for the task because its members generally have a background in such issues. The seven-member board is already tasked with approving state bond sales and some big-dollar higher education projects.

University administrators in the spotlight

The debate over higher education oversight at the Roundhouse comes after Shepard agreed to step down as WNMU president following ethics investigations into possible wasteful spending.

That spending included purchases of high-end furniture and foreign university trips with regents and his wife, ex-CIA agent Valerie Plame.

Torrez said Monday his office would file an amended complaint this week in the ongoing lawsuit based on new information, but said he is still optimistic about the $1.9 million severance payment being clawed back.

The case is not the only recent instance of university financial dealings drawing scrutiny.

A five-year contract extension approved by former New Mexico State University Chancellor Dan Arvizu for NMSU Athletics Director Mario Moccia on Arvizu’s last day on the job also drew the ire of some lawmakers.

New NMSU President Valerio Ferme fired Moccia last month, after a state Department of Justice investigation found institutional deficiencies and a “toxic culture” within the school’s men’s basketball program.

The proposed requirement that university contracts for top administrators receive outside approval would apply to collegiate athletics directors, but not to coaches.

Timeline for proposed changes

The proposed change to university regents’ duties and the process for removing them if they violate those duties would have to be approved by New Mexico voters.

A statewide vote on the proposed constitutional amendment, House Joint Resolution 12, would likely not happen until November 2026. If approved by voters, lawmakers would then have to adopt follow-up legislation.

That means it could take two-plus years for the changes to take effect.

In contrast, Senate Bill 266, the proposed change to how university administrator contracts are executed, could take effect more quickly.

If approved by lawmakers during the 60-day legislative session that ends next month and signed into law by Lujan Grisham, the bill would take effect starting in July.

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