New Mexico Student on Board of Regents, Amendment 2 (2014)

Amendment 2 Origin New Mexico Legislature Topic Education on the ballot Status Approved a

2014 measures November 4 Amendment 1 d Amendment 2 a Amendment 3 a Amendment 4 a Amendment 5 a Bond Question A a Bond Question B a Bond Question C a Polls Local measures

The New Mexico Student on Board of Regents, Amendment 2 was on the November 4, 2014 ballot in New Mexico as a legislatively referred constitutional amendment, where it was approved. The measure added Northern New Mexico College (NNMC) to the list of state educational institutions that are required to have a member of the student body on the board of regents.

At the time of the passing of the measure, the next vacant position on NNMC's board of regents would be filled by a NNMC student. The student would be selected by NNMC's president and appointed by the governor to serve a two-year term. The NNMC president would be required to give "due consideration" to the recommendations of the school's student body president.

The proposed amendment was sponsored in the New Mexico Legislature by Sen. Richard Martinez (D-5) as Senate Joint Resolution 7.

Election results

Below are the official, certified election results:

New Mexico Amendment 2
Result		Votes	Percentage
a Yes		235,232	64.60%
No		128,901	35.40%

Election results via: New Mexico Secretary of State

Text of measure

Ballot summary

The official ballot text appeared as follows:

“

4. A Joint Resolution proposing to amend Article 12, Section 13 of the Constitution of New Mexico to change the board of regents of Northern New Mexico State School by filling one regent position with a student. For ____________ Against ____________

”

Constitutional changes

See also: Article XII, New Mexico Constitution

The measure amended Section 13 of Article XII of the Constitution of New Mexico.

Note: Hover over the text and scroll to see the full text.

Section 13

A. The legislature shall provide for the control and management of each of [said] the institutions, except the university of New Mexico, by a board of regents for each institution, consisting of five members, four of whom shall be qualified electors of the state of New Mexico, one of whom shall be a member of the student body of the institution and no more than three of whom at the time of their appointment shall be members of the same political party; provided, however, that the student body member provision in this [section] subsection shall not apply to the New Mexico school for the deaf, the New Mexico military institute [the northern New Mexico state school] or the New Mexico school for the blind and visually [handicapped] impaired, and for each of those [four] three institutions all five members of the board of regents shall be qualified electors of the state of New Mexico.

B. The governor shall nominate and by and with the consent of the senate shall appoint the members of each board of regents for each of [said] the institutions. The terms of [said] nonstudent members shall be for staggered terms of six years, [provided that of the five first appointed the terms of two shall be for two years, the terms for two shall be for four years, and the term of one shall be for six years. Following the approval by the voters of this amendment and upon the first vacancy of a position held by a nonstudent member on each eligible institution's board of regents, the governor shall nominate and by and with the consent of the senate shall appoint a student member to serve a two-year term] and the terms of student members shall be two years.

C. The governor shall select, with the advice and consent of the senate, a student member from a list provided by the president of the institution. In making the list, the president of the institution shall give due consideration to the recommendations of the student body president of the institution. Following the approval by the voters of this 2014 amendment and upon the first vacancy of a position on the northern New Mexico state school board of regents, the governor shall nominate and by and with the consent of the senate shall appoint a student member to serve a two-year term.

D. The legislature shall provide for the control and management of the university of New Mexico by a board of regents consisting of seven members, six of whom shall be qualified electors of the state of New Mexico, one of whom shall be a member of the student body of the university of New Mexico and no more than four of whom at the time of their appointment shall be members of the same political party. The governor shall nominate and by and with the consent of the senate shall appoint the members of the board of regents. The present five members shall serve out their present terms. The two additional members shall be appointed in 1987 for terms of six years. Following the approval by the voters of this amendment and upon the first vacancy of a position held by a nonstudent member on the university of New Mexico's board of regents, the governor shall nominate and by and with the consent of the senate shall appoint a student member to serve a two-year term. The governor shall select, with the advice and consent of the senate, a student member from a list provided by the president of the university of New Mexico. In making the list, the president of the university of New Mexico shall give due consideration to the recommendations of the student body president of the university.

E. Members of the board shall not be removed except for incompetence, neglect of duty or malfeasance in office. Provided, however, no removal shall be made without notice of hearing and an opportunity to be heard having first been given such member. The supreme court of the state of New Mexico is hereby given exclusive original jurisdiction over proceedings to remove members of the board under such rules as it may promulgate, and its decision in connection with such matters shall be final.

Support

Supporters

Officials

Senate

Amendment 2 received unanimous support in the New Mexico Senate.

Arguments

The New Mexico Legislative Council Service provided arguments for and against the constitutional amendment. The following were the council's arguments in support:

“	1. Consistency among institutional boards. The boards of regents of all state educational institutions that grant four-year degrees, including NNMC, should include a student regent. When the constitution was amended in 1994 to create a student regent position at certain institutions, each of those institutions offered four-year degree programs. NNMC did not offer a four-year degree program until 2004. Since that time, the academic programs offered by NNMC have grown to include numerous bachelor's degrees in several areas of study. The academic and administrative structure of NNMC is analogous to those of the other six institutions that grant four-year degrees, and NNMC's board of regents should be structured similarly to include a student regent. The passage of this amendment would appropriately align the board membership of all four-year degree-granting institutions. 2. No conflict with current practice. NNMC already embraces the concept of student involvement in the institution's governance. The NNMC board of regents currently includes two student regents who serve in an advisory capacity, which reveals the value placed by the college on the student body's voice. This amendment would simply extend the role of "student regent" at NNMC to allow for one student-regent vote on matters considered and decided by the board. 3. Equal representation. The students at NNMC should have a vote on matters that affect their education and professional development; their voice on the board of regents is essential to ensuring that NNMC serves their interests and reflects their needs. Because students at NNMC are pursuing academic programs and four-year degrees in preparation for their careers, the decisions of NNMC's board of regents affect not only the students' education, but also their professional development. For these reasons, the NNMC board of regents should include a seat for a student regent to allow a student representative the opportunity to vote on issues that significantly affect the student body. 4. Unique perspective. A student regent would provide the perspective of someone who is actually attending the college, is in touch with the issues and concerns of students and has insight into the demands and challenges of the college's courses and faculty.	”
—New Mexico Legislative Council Service

Opposition

Arguments

The New Mexico Legislative Council Service provided arguments for and against the constitutional amendment. The following were the council's arguments against:

“	1. Duplicative and possibly conflicting representation. Reserving a seat on the NNMC board of regents for a student member is unnecessary. NNMC's student body is already adequately represented through advisory student regents and through the Associated Students of Northern New Mexico College (ASNNMC), which is a body of representatives elected by the students that has widespread and diverse representation and that most accurately represents the student body on issues such as college administration and student activities. The members of the ASNNMC are accountable to their constituents and must represent their constituents' interests. This amendment would provide for an additional student representative who is appointed rather than elected by students. Because the student regent would be appointed by the governor, the student might not be independent and able to provide independent and nonpartisan representation. 2. Fairness. Students are not the only group affected by the decisions made by the NNMC board of regents. This amendment would provide for a designated student regent on the board; however, NNMC staff, professors and students are all affected by the board's decisions. If this amendment is approved, the voice of students will be unfairly represented on the board of regents, which should include representatives of all groups that are affected by the board's decisions. 3. Inexperience and insufficient qualifications. Boards of regents are called upon to make decisions on highly complex matters relating to an institution's administration, finance, curriculum and mission. A student regent might be too inexperienced or lack the qualifications to successfully fill the role of a board member. 4. Unnecessary and unwarranted change. Changing the state's constitution should not be undertaken in the absence of compelling reasons. Requiring one member of a five-member board of regents to be a student will not materially impact the decision-making of the board as a whole, particularly when NNMC already has two student regents who serve as advisors to the board. As currently written, the constitution does not prohibit a student who is a qualified elector from serving on the board of regents, so there is no compelling reason to amend the constitution. 5. Inequality among state institutions. The amendment is too limited in that it does not include all of the state institutions established by Article 12. If the amendment is approved, the New Mexico School for the Deaf, the New Mexico Military Institute and the New Mexico School for the Blind and Visually Impaired would remain outside of the student-regent requirement. Failing to include all of these institutions results in inequality among student bodies.	”
—New Mexico Legislative Council Service

Path to the ballot

See also: Amending the New Mexico Constitution

According to Article XIX of the New Mexico Constitution, a simple majority was required in the legislature to refer the amendment to the ballot. SJR 7 was approved in the New Mexico Senate on March 4, 2013. The amendment was approved in the New Mexico House on March 16, 2013.

Senate vote

March 4, 2013 Senate vote

New Mexico SJR 7 Senate Vote
Result		Votes	Percentage
a Yes		40	100.00%
No		0	0.00%

House vote

March 16, 2013 House vote

New Mexico SJR 7 House Vote
Result		Votes	Percentage
a Yes		66	97.06%
No		2	2.94%

See also

Suggest a link

• 2014 ballot measures
• New Mexico 2014 ballot measures
• New Mexico Legislature

External links

• 2014 Proposed Constitutional Amendments
• Senate Joint Resolution 7