New Mexico Political Journal Volume I, No. 9
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Thursday, July 1, 2004 Roswell
Circulation: 5,020
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In this issue:
Regent-gate strikes a Chord (a nerve?) with Readers
Only Three of Ten Schools Remain Free
Feedback
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Regent-gate Response Overwhelming
After our most recent article, June 28, we have gained more than
a hundred new subscribers, and we have received more "regent-gate"
requests than we have been able to answer. As we prepare to send
this issue, almost 400 people have clicked here nmdr@dfn and typed
in "regent-gate scandal" asking for a copy of the famous
preemptory "resignation letter" and further asking for
the list of signers.
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3 Schools Are Free; 7 have "resigned"
The Constitution of New Mexico, in Article XIII, Section 12, provides
for Boards of Regents for ten named schools.
Altogether, there are 52 regents, appointed by the governor, with
the consent of the Senate. Terms are 6 years. The University of
New Mexico has 7 regents. All other schools have 5. Regarding the
matter of removal from office, Article XIII, Section 12 (page 150)
states:
"Members of the board shall not be removed except for incompetence,
neglect of duty or malfeasance in office. Provide, 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
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."
Currently 31 regents, representing majority control of seven of
the schools, have already "resigned" as a condition of
their appointment. They are known as "Hip pocket Regents"
because the governor, in effect, carries their signed, undated,
resignation letters in his hip pocket.
Under this arrangement, they are not able to exercise an independent
managerial judgment, nor carry out their fiduciary oversight role
at the institutions they are supposed to serve. Instead, they serve
the governor directly. Contracts, hiring, firing, all aspects of
governance of an institution are directed by the governor. The Hip
Pocket Regents have one choice: carry out the will of the governor.
Of course, all regents who are asked about this, deny it. They all
claim this has no effect on their "independence" whatsoever.
What else does anyone expect them to say? Almost no one on earth
will admit to being a mere puppet, or Hip Pocket Regent either.
Even if the evidence is overwhelming. The denials are part pride,
part machismo, part anything. It is not a pretty situation, but
one requiring our sympathy, pathos if you will, not scorn or derision.
In addition to the signed, undated, letters of resignation Governor
Richardson requires of his new appointments, Richardson asked for
regents currently serving 6-year terms to resign as well. When he
took office on January 1, 2003 Richardson asked all regents to resign.
Some did. Most did not. 19 regents still serving today refused to
sign letters of resignation when demanded by Richardson. They have
6-year terms and elected to ignore the demand and continue serving.
(No one who dutifully obliged Richardson and turned in a letter
of resignation in January 2003, was subsequently reinstated as a
Richardson appointee. He in effect, said, "gotcha" and
appointed his own regent to fill out the remainder of the term of
the regent who had voluntarily given him a resignation letter.)
Seven schools now have boards of regents with a governing majority
of Hip Pocket Regents. One has all five regents who fall into that
category. Only three schools have a governing board with a majority
of independent regents. "Real regents," is a term someone
used. But, as shown above, we do not subscribe to that. Instead,
we realize the tragic situation we find our state in. We mean no
disrespect to any of those caught up in this scandal. As far as
we know, all of them set about to these tasks with the idea of serving
the state as best they know how. The worst that can be said is that
they wanted the job of regent too badly. One does not sacrifice
integrity, either for real, or by form, just to get a prestigious
title.
For a list of all ten schools, their regents, and the names of Independent
regents and Hip Pocket Regents at each school, click here nmdr@dfn.com
and type in "Hip Pocket Regents" on the subject line.
Finally, two regents are in a separate category. It is unknown if
Regent-designee Brian Quintana of the New Mexico School for the
Visually Handicapped, has signed a letter of resignation. The governor's
staff could not answer that question at the June 23 meeting of the
Senate Rules Committee. And Alva Carter, a Richardson-appointed
regent at Eastern New Mexico University refused to sign his letter
of resignation. That refusal makes ENMU one of the three schools
in the state with a majority of independent regents.
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Feedback
The most common feedback was simply the request for the information,
but scores of the nearly 400 responses included comments. Also,
there were a few comments on the phony "Richardson VP Scam."
Here is a small sample:
"Please send me the names of persons who have signed letters
of resignation demanded by Bill Richardson."
"You are right to hold up these nominations until the Governor
follows the NM Constitution." [from a Green guy] (Editor's
note: I cannot "hold up the nominations, nor is the Senate
Rules Committee likely to be able to.)
"Could the undated letters of resignation have played a role
in Governor Richardson's friend, Louis Caldera, being named as UNM
President while an experienced Republican from New Mexico, Manuel
Pacheco, was not even offered an interview? All of this in spite
of the fact that Dr. Pacheco served as the President of The University
of Arizona for 6 years and President of The University of Missouri
System for 5 years prior to applying for the UNM Presidency!"
(Editor's note: We have no idea.)
"...send me the names of those signing the (integrity waiver)
letter as demanded by the governor. Thanks."
"Names please."
"Please send the info on the letters of resignation."
"Please unsubscribe from your list. Kindly remove me from your
e-mail list immediately. I don't subscribe to your point of view.
Thank you." (Editor's note: We received 25 of these. Some,
like this one, apparently in very strong support of the Richardson
resignation letter policy.)
"I thought that I had signed up for all of your publications.
Even if I do not agree with them they are thought provoking, and
my belief is anything that results in furthering my education or
stretching my thought process is a good thing."
"PLEASE INCLUDE A LIST OF THOSE WHO HAVE SIGNED A LETTER."
"This is scary stuff. Why don't the media give it more space?
[Editor's note: We have no idea.] Thanks for always being on top
of current (and past) affairs."
"Please send me any names of NMMI Regents who have signed."
"I'm putting you on my ignorant...list - Think I'll flush my
army discharge down the toilet. Goofys and liars all!" (Editor's
note: No, we didn't get it either.)
"As usual, Rod, you are right on mark. Glad to see others are
reading what you send."
"I would appreciate a copy of the undated resignation letter
for regents. I'm particularly interested in the Albuquerque area
and UNM. Thanks for leading the charge on this."
".....there was something on CNN or Fox about Richardson having
a 90-minute meeting with Mr. Johnson, the dude in charge of the
VP process. Richardson declined to say what the subject was, would
not comment on the veepstakes, but the report noted that he did
NOT meet with Kerry and so speculated that the discussion was about
convention mechanics."
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***[Note for the full text of the letters of resignation signed
by 40 regents to date, including at least one by a regent from your
region of the state, click here nmdr@dfn.com and type "regent-gate
scandal" in the subject line. We'll send an exact copy to you
immediately. If you request, we will send you the names of all those
who have signed such unconstitutional letters.]
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+++[For a copy of the Attorney General's opinion, dated May 12,
2004, declaring the governor's resignation letter policy unconstitutional,
click here nmdr@dfn.com and type
in AG.
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Comments on this issue? Please send them to nmdr@dfn.com
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