OPINION: WNMU needs reform-minded regents

The New Mexico Legislature has approved legislation to amend the state’s Constitution, which, if ratified by voters in November, would significantly hinder the governor’s authority to appoint members to serve on the governing boards of state higher education institutions. House Joint Resolution 1, sponsored by Rep. Christine Chandler, D-Los Alamos, and Sen. Jeff Steinborn, D-Las Cruces, authorizes the Legislature to create nominating committees to guide the governor’s appointments to higher education boards. This marks a drastic change in the process currently outlined in the state Constitution.

The legislation is ostensibly a response to revelations of financial mismanagement surrounding the severance deal for former president of Western New Mexico University, Joseph Shepard, which resulted in Gov. Michelle Lujan Grisham calling for the resignations of the entire WNMU governing board. Although this episode indicated a serious breakdown in trustee oversight, it does not demonstrate a structural flaw in the selection process. Rather, it reiterates the importance of selecting qualified and diligent trustees who are accountable directly to the people of the state of New Mexico.

Article XII, Section 13 of the state constitution gives the governor sole authority to nominate candidates for higher education governing boards. Because the governor is elected by the people, this power carries a clear line of democratic accountability. In making their selections for trustee boards, governors must be mindful of the people to whom they answer, namely voters. Not only are nominating committees unelected, that is, unaccountable to the public, they tend to produce candidates amenable to upholding the status quo. Such committees are typically unwilling to support otherwise qualified applicants interested in any type of reform, which is unfortunate for a state whose public institutions rank 46th in four-year graduation rate, according to the American Council of Trustees and Alumni.

The insertion of a nominating committee in the trustee selection process creates an intermediary that is not directly accountable to voters. This increases the risk that unelected actors will wield undue influence or advance special interests at public institutions.

This is not mere conjecture. This very situation took place in Minnesota in 2021, when members of Minnesota’s Regent Candidate Advisory Council (RCAC) were allegedly found to have connections with an influential political actor, the Maroon and Gold Rising political action committee. The PAC lobbied to advance certain candidates in the trustee selection process. Uncovering this inherent conflict of interest, the Minnesota Student Association urged lawmakers to reject the RCAC’s list of candidates. The outcome in Minnesota demonstrates how an unelected nominating committee could use its power to advance its own special interests, rather than the interests of the citizens of New Mexico.

The bill’s sponsors are not ill-intentioned. They're simply diagnosing the wrong ailment that plagues the culture of university governance. The real issue is disconnected board members, many of whom are uninformed on the basics of trusteeship and how effectively to perform their fiduciary responsibilities. Fortunately, the solution is simple: more training to equip trustees with the tools they need to succeed.

Just last spring, Steinborn sponsored Senate Bill 19, which was later signed into law. This legislation requires board members to undergo 10 hours of training within their first year of service. The implementation of this law will address the issue of unprincipled board leadership seen in cases like that of WNMU. By investing in training and support for trustees, New Mexico will strengthen its university boards and ensure that its public institutions remain faithful to the public trust. House Joint Resolution 1 is simply an unnecessary piece of legislation that strips away accountability in the state of New Mexico.

Clare Doyle is program coordinator for trustee and government affairs at the American Council of Trustees and Alumni.