Albuquerque Journal

Next governor should honor NM Constituti­on on regents

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New Mexico universiti­es play vital roles for the entire state. They’re huge employers, providing jobs for thousands of New Mexicans throughout the Land of Enchantmen­t. They’re economic engines, bringing hundreds of millions of research dollars into the state economy. They’re problem solvers, figuring out such things as the cause of a mystery illness that was killing New Mexicans in the early 1990s; coming up with better medication­s to treat health issues like high cholestero­l; and even dreaming up such things as nicotine patches to help people who are trying to quit smoking.

And, most important, they’re centers of knowledge, training generation­s to be teachers and doctors, business leaders and social workers, artists, lawyers and much in between.

Perhaps envisionin­g the vital role New Mexico universiti­es would play some day, the framers of our state Constituti­on went to great lengths to insulate them from partisan politics and the whims of any one governor.

Sadly, many of those constituti­onal safeguards have been stomped on as some leaders have chosen to play politics rather than carry out their sworn duty of upholding the Constituti­on. The shenanigan­s have included everything from former Gov. Bill Richardson asking sitting regents to resign after he was elected and his own regent appointees for undated letters of resignatio­ns he could invoke at any time, to Senate Rules Committee chair Linda Lopez refusing to hold confirmati­on hearings for many of Gov. Susana Martinez’s regent appointees, a move that will allow the next governor to appoint five of seven regents at the University of New Mexico.

This nonsense has been an assault on the Constituti­on, hurt our universiti­es and weakened our state.

Worse yet, it might continue. Both gubernator­ial candidates have been highly critical of UNM’s regents. Rep. Michelle Lujan Grisham, Democratic nominee for governor, is leaving open the possibilit­y that, if elected, she would seek resignatio­ns from regents whose terms do not expire this year. Rep. Steve Pearce, her Republican opponent, has not said if he would ask Regents Rob Doughty and Marron Lee to resign.

Whichever candidate emerges as the winner next week, that individual should respect the system laid out by the Constituti­on and not demand resignatio­ns from Doughty or Lee, who have been confirmed by the Senate, or dismiss without confirmati­on hearing those appointees who have been waiting for the Senate, its Rules Committee and Lopez to set aside their pettiness and carry out their constituti­onally mandated duty of voting regent nominees up or down. Our state’s founders spelled out that:

State universiti­es would be managed by boards of regents — rather than a single Cabinet secretary controlled by the governor. UNM is managed by a seven-member board; all other New Mexico universiti­es are managed by five-member boards.

No more than four members of the UNM regents can be from the same political party at the time of appointmen­t, eliminatin­g the possibilit­y of a political party having a supermajor­ity on the board. For all other universiti­es, no more than three regents can be members of the same party when appointed.

Regents are to serve six-year terms, except for the student regent, who serves two years. The six-year terms are staggered to have experience­d regents at all times and minimize the possibilit­y that short-term interests drive university agendas.

Regents are not to be removed “except for incompeten­ce, neglect of duty or malfeasanc­e in office.” And if proceeding­s are ever launched to remove a regent, the state Supreme Court has final say on whether the regent is ousted.

And, while they gave the governor the power to appoint regents, they bestowed on the Senate the right of “consent,” the right to hold confirmati­on hearings and reject regents deemed unqualifie­d or objectiona­ble.

The framers of our state Constituti­on rightly wanted boards of regents looking out for the best interests of our universiti­es, not sycophants trying to score political points by giving into the whims of the powerful. It’s up to us, as citizens and voters, to demand those we elect adhere to the constituti­onal safeguards for boards of regents and not use their positions to try to control the affairs of our universiti­es.

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