ENMU reaches settlement with outgoing chancellor

Jeff Elwell says ‘serious health issues’ behind his resignation

PORTALES — Eastern New Mexico University will pay outgoing Chancellor Jeff Elwell nearly six figures after a resignation he attributed to “serious health issues.”

The News acquired documents related to Elwell’s departure through public records requests. Elwell and Board of Regents President Terry Othick did not immediately return calls seeking comment.

Details of Elwell’s health issues have not been made public.

According to a separation agreement created April 13 and signed by both parties April 17:

Elwell is to be paid $89,180, equaling 35% of his $254,800 salary, for the remaining year on his contract.

Additionally, Elwell will be paid $8,400 to cover six months of COBRA insurance and $977 per day of unused accrued leave.

Elwell is responsible for all taxes and agrees to make no further claims against the Board of Regents.

The university residence shall be vacated by June 1, unless the parties reach a separate agreement, or state or national guidelines prevent him from traveling or moving. The requirement is about a week more lenient than Elwell’s original contract, which provided him and his family 30 days to vacate should his employment be terminated for any reason.

Board Vice President Dan Patterson will write a letter of reference agreeable

to himself, Elwell and Othick. If Elwell finds the letter unacceptable, no board member will provide a reference.

A nondisparagement clause prohibits parties from denigrating or defaming other parties.

Regents accepted Elwell’s resignation by a 4-0 vote April 17. Student Regent Joseph Gergel abstained, noting objections to the language of the agreement. He declined to elaborate after the meeting.

When told Saturday that the News had acquired the separation agreement, Gergel said he “was uncomfortable with the nondisparagement agreement and some of the language in Dr. Elwell’s resignation.”

A March 12 letter from Elwell to the regents indicated that he would not seek an extension of his contract beyond its June 30, 2021, expiration, and that the notification would give the regents 14 months to find a replacement.

An April 16 resignation letter moved his resignation up to April 24 “to attend to and be treated for serious health issues” with no further elaboration. No health issues were mentioned in Elwell’s March 12 letter or the March 13 meeting minutes.

The regents appointed Patrice Caldwell interim chancellor during the April 17 meeting. According to a letter from Othick, Caldwell’s base salary increased to $200,000 annually effective Saturday and will be prorated through the remainder of the fiscal year. The letter says Caldwell will be issued a new contract for the 2020-21 fiscal year but provides no other details.