Latest news with #HouseJointResolution12
Yahoo
07-03-2025
- Business
- Yahoo
NM AG Torrez opposes motion to dismiss case against former WNMU president Joseph Shepard
New Mexico Attorney General Raúl Torrez on Jan. 28 held a news conference to announce the state's legal efforts to challenge President Trump's federal funding freeze. New Mexico Attorney General Raúl Torrez filed a response in court Thursday opposing a motion to dismiss the case against former Western New Mexico University President Joseph Shepard for alleged civil violations. Torrez filed a civil suit against Shepard and the WNMU Board of Regents in January in response to the board's decision to award Shepard a $1.9 million severance package. That complaint alleges Shepard and the board violated fiduciary duties, the states anti-donation clause and the Open Meetings Act, as well as laws relating to unjust enrichment, parties not fulfilling their contractual obligations and acting on an unenforceable contract. The university has been under scrutiny over the past year and a half for lavish spending by leadership and misuse of funds, as detailed in a report published in November by the New Mexico Office of the State Auditor. The board unanimously voted to terminate Shepard's contract in December, then approved what Torrez has frequently referred to as a 'golden parachute' severance payment. The school released the payment to Shepard in early January. Shepard filed a motion to dismiss the case against him on Feb. 19, arguing Torrez does not have the authority to bring claims of breach of fiduciary duty, lack of consideration, unconscionable contract and unjust enrichment against him. According to court documents, Shepard claims he did not owe a fiduciary duty to WNMU when negotiating his termination from the university and the severance payment was made 'in exchange for valid consideration,' to which the anti-donation clause does not apply. A New Mexico Department of Justice news release Friday characterized Shepard's motion as an 'attempt to avoid legal scrutiny.' 'The Board of Regents does not have unlimited power to approve unlawful expenditures of public funds, and Dr. Shepard should not be allowed to profit from an invalid and unjust agreement,' Torrez said in a statement. 'Our lawsuit seeks to protect taxpayers and hold public officials accountable.' Torrez's response to the motion maintains that the board acted unlawfully, without public transparency, in violation of state law and encourages the court to deny Shepard's motion and continue the lawsuit. The court has not scheduled a motion hearing as of press time. Torrez and several lawmakers back a constitutional amendment introduced this legislative session, which, if approved by voters, would add regent fiduciary duties to the law; reasons for removal from their position; and clarify who has authority to seek the removal of regents from the board. House Joint Resolution 12 passed by a vote of 64-1 on the House Floor on March 1 and was referred to Senate committees. Senate Bill 19 proposes establishing training requirements for new regents and Senate Joint Resolution 7 proposes creating a regent nominating committee that would screen potential regent candidates and make a list for the governor to choose from. The attorney general's response is filed below. 2025-03-06 Resp to Shepard MTD SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
02-03-2025
- Politics
- Yahoo
House passes higher education oversight bill
SANTA FE, N.M. (KRQE) – The House passed a bill that would allow voters to decide if the state would have more oversight in higher education around the state. House Joint Resolution 12 would give the state authority over disciplinary actions over regents who violate their duties to students and institutions. New Mexico Department of Justice 'Anti-hazing Act' bill passes first committee hearing The bill comes as concerns mount for a nearly $2 million settlement given to former Western New Mexico President Joe Shepard by the school's regents after 'wasteful spending' was found by the state's auditor's office. The bill passed the House with a 64-to-1 vote and now moves to the Senate. If passed by both chambers, the proposal would appear on the November 2026 ballot. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
13-02-2025
- Politics
- Yahoo
Bills, constitutional amendments addressing regent appointments and training move forward
New Mexico Attorney General Raúl Torrez (right) and Rep. Javier Martínez (left) discuss legal against Western New Mexico University Board of Regents and outgoing President Joseph Shepard during a news conference Jan. 9, 2025. The Senate Education Committee unanimously advanced a proposal to overhaul oversight of university boards of regents in New Mexico Wednesday. Co-sponsor Rep. Nathan Small (D-Las Cruces) presented House Joint Resolution 12 to members of the House Education Committee, who passed it unanimously. The resolution, supported by Attorney General Raúl Torrez, would ask voters to approve a constitutional amendment that codifies regents' fiduciary duties; moves proceedings for removing regents from the state Supreme Court to district courts; and allows the attorney general or a majority of the board to initiate removal of a regent. HJR 12 now heads to the House Government, Elections and Indian Affairs Committee. The resolution is one of four bills and resolutions introduced thus far addressing the role of regents, how they are chosen and how they are prepared for serving in their roles. The legislation follows Western New Mexico University board of regents' authorization of a $1.9 million payout to outgoing university president Joseph Shepard, who is accused of wasteful spending and improper use of university funds. Several regents resigned in the aftermath. Senate Joint Resolution 7, co-sponsored by Sens. Jeff Steinborn (D-Las Cruces) and Harold Pope (D-Albuquerque), proposes an amendment to the New Mexico Constitution requiring the governor to select a regent for nomination from a list provided by a nominating committee for each university or community college. SJR 7 was passed unanimously through the Senate Rules Committee Friday, Feb. 7. Steinborn told Source that he thinks SJR 7 is the most important of his two regents bills because it gets to the crux of who is appointed to make decisions at universities and how. He said he has been working on this initiative for many years. 'Since my very first session, when I saw just how politicized these regent positions really were,' Steinborn said. 'I felt like we needed a better system – of taking these jobs really seriously, to make it based on merit, of who actually had the most to offer our universities.' Senate Bill 19, also sponsored by Steinborn, also passed through the Senate Rules Committee Friday with a unanimous vote and now heads to the Senate floor. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
12-02-2025
- Politics
- Yahoo
New Mexico lawmakers look to change process to remove university regents
NEW MEXICO (KRQE) – A bill changing the process to remove university regents is moving forward in the Roundhouse. House Joint Resolution 12 would amend the state constitution to say regents have a fiduciary duty to their institutions, and they could be removed from their position if they violate that responsibility among others. The bill would also give legal standing to the attorney general, or a majority of the regents, to seek their removal in district court. New Mexico legislators look to dedicate entire month to green and red chile The bill comes amid the controversy at Western New Mexico University over misused funds for foreign travel and lavish furniture and the $1.2 million severance package given to its outgoing president. An official with the New Mexico Department of Justice called it a violation of the public trust. 'And we think that this joint resolution goes a long way in ensuring that the public trust is met in instances, that we have good stewards of taxpayer money, and in instances where they don't meet those obligations, we have enforceable reasonable oversight to address these situations,' said Sean Sullivan, New Mexico Department of Justice. HJR12 cleared the House Education Committee Wednesday morning. If it makes it through the legislature, it will be sent to the voters. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
