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Section II

Governance

Table of Contents

Code of Ethics

As a member of the Central New Mexico Community College Governing Board, it is my duty and responsibility to: 

A. Recognize and honor the fact that my fellow citizens have entrusted me with the educational development of the men and women attending this College. 

B. Recognize and honor the fact that the public expects my first and greatest concern to be in the best interest of each and every student without distinction. 

C. Devote time, thought and study to the duties and responsibilities of a Board member so that I may render effective and credible service. 

D. Work with my fellow Board members in a spirit of harmony and cooperation in spite of differences of opinion that may arise during vigorous debates of points of issue. 

E. Base my personal decision upon all available facts in each situation, vote my honest conviction in every case unswayed by partisan bias of any kind, and abide by and uphold the final majority decision of the Board. 

F. Remember that as an individual I have no legal authority outside the meetings of the Board and conduct my relationships with the college employees, the local citizenry and all media of communication on the basis of this fact. Recognize any conflict of interest both in appearance and fact regarding decisions made by the College and announce said interest prior to Board discussion. Refrain from voting in cases when a conflict of interest may occur. 

G. Remember that the primary function of the Board is to establish the policies by which the College is to be administered, but that the administration of the educational program and the conduct of routine College business will be left to the President of the College and his/her professional and nonprofessional staff. 

H. Resist every temptation and outside pressure to use my position as a board member to benefit either myself or any other individual or agency apart from the total interest of the College. 

I. Strive step-by-step toward ideal conditions for most effective service of the Board of Trustees to my community and state, in a spirit of teamwork and devotion to public education as the greatest instrument for the preservation and perpetuation of our representative democracy.

Leadership requires risk. Risk brings victory or defeat. Leadership requires the courage to face defeat, and the humility to live with victory. 

Procedure

Note: Signature page in Appendix

The Governing Board holds itself and its members to the highest ethical standards in dealings with other Board members, staff, students, volunteers and the public at large, as detailed in the Code of Ethics. 

Board members will sign the Code of Conduct Statement annually, included in the Appendix of this policy manual. 

If, at any time, a member of the Governing Board behaves in a manner that betrays these standards, the Chair of the Board will counsel that member as to more appropriate behavior, suggest ways to remedy the situation and suggest corrective action. 

The Governing Board holds itself and its members to the highest ethical standards in dealings with other Board members, staff, students, volunteers and the public at large, as detailed in the Code of Ethics. 

Board members will sign the Code of Conduct Statement annually, included in the Appendix of this policy manual. 

If, at any time, a member of the Governing Board behaves in a manner that betrays these standards, the Chair of the Board will counsel that member as to more appropriate behavior, suggest ways to remedy the situation and suggest corrective action.

Committee: Executive

Conflict of Interest Policy

The Board believes it is essential that conflict of interest or any appearance thereof be avoided in all College-related matters. No member of the Governing Board will knowingly: 

A. Disclose or use confidential information about the College to advance the financial or other private interests of said member or others; 

B. Use College assets or equipment for any unlawful or improper purpose or to promote a personal business interest; 

C. Approve or make any payment of College funds with the intention that any part of said funds be used for any purpose other than that described in the supporting documents; 

D. Participate in the negotiation or the making of any contract between the College and any business entity in which the employee has a financial interest, either directly or indirectly; 

E. Represent a private interest in any action or proceeding before the Governing Board; 

F. Request or receive any money, thing of value or promise thereof, that is conditioned upon or given in exchange for performance or promised performance of an official act; 

G. Render any commercial service to the College on a commission basis; 

H. Serve on any College evaluation committee for proposals or bids without disclosing any potential conflict of interest prior to the start of committee business.

Procedure

Note: Signature page in Appendix

The Governing Board expects of itself and its members ethical and businesslike conduct. Board members will represent unconflicted loyalty to the interests of CNM, superseding any conflicting loyalty such as that to family members, a business, advocacy or interest groups and membership on other boards or staffs. Board members must avoid any conflict of interest with respect to their fiduciary responsibility. There will be no self-dealing or any conduct of private business or personal services between any Board member and CNM except as procedurally controlled to assure openness, competitive opportunity, and equal access to "inside" information.

Board members will sign a conflict of interest statement annually, disclosing any conflict or potential conflict as defined in this policy. (See Signature Page in Appendix) 

In any matter before the Board or any of its authorized Committees, having declared a conflict or potential conflict, the Board member may participate in the discussion of the matter, but when the vote is called, the member will abstain from the vote. The minutes of the Board or Committee meeting will reflect when the member left and returned.

Committee: Executive

Social Media Policy

Board members are encouraged to promote CNM by leveraging their social media relationships and networks. 

Board members are responsible for what they post on their own site and on the sites of others, and should only post on behalf of CNM or its affiliates in an official capacity where members have been explicitly authorized to do so. Board members should at all times follow the College’s Information Technology Use directive.

Procedure

Important Guidelines

  • Be honest about identity: “As a member of the board of CNM…” 
  • Make it clear that the views expressed are the members alone. 
  • Use common sense. 
  • Validate the accuracy of all posts before posting. 
  • Remember that all communication remains in cyberspace. 
  • Respect the privacy of offline conversations. 
  • Don’t write anything that wouldn’t be said in public. 
  • Don’t cite or reference students, faculty, volunteers, vendors or others without their permission and approval. 
  • Avoid deliberating College business with a quorum of the Board. 
  • Report harassing or defamatory communications to the president if such communications involve faculty, staff, students, volunteers or vendors.

Committee: Executive

Districting

The Governing Board will be redistricted as required by Section 21-16-5.1 NMSA 1978. The official districting plan for Governing Board positions will be Plan B-1 as adopted by the Governing Board in May 2012. 

The Governing Board consists of seven members elected from districts under the provisions above. In the case of Board vacancies, a majority of the remaining Board members will appoint a new member from the district where the vacancy occurs to serve until the next scheduled Board election.

Committee: Executive

Duties and Powers

The Board retains and reserves all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the Constitution of the State of New Mexico and statutes, including those prescribed by Section 21-16-1 to 21-16-22 NMSA 1978. 

Members of the Governing Board will have the authority only when acting as a Board in regular or special sessions. 

In execution of those powers and duties specifically provided by law, the Board has adopted the following policies: 

A. The Board establishes policy that directs the management of the College, and may establish programs, courses and other services as it deems necessary for the education of the students. 

B. The Board has oversight of all College funds and property and may recommend the use of such funds and property to promote College business in such ways as it deems necessary and proper and in accordance with law. 

C. The chief administrative function of the Board will be to appoint a President. 

D. The Board, in consultation with the President, will make, adopt, amend and repeal upon a majority vote of the entire Board, rules and regulations for its meetings and proceedings. 

E. The Board may make provisions for interpreting the College program to the public and will seek the opinion and advice of citizens of the District about matters concerning the educational program.

F. The Board will work cooperatively with the President to work with College staff and interested citizens in a continuous effort to improve the total College program. 

G. The Board will take steps to increase its professional growth by subscribing to suitable professional publications, participating in professional organizations and cooperating in a program of professional development. 

H. The Board will provide opportunities for cooperative planning in policy formulation.

Committee: Executive

Fiduciary Duties

Board members agree to abide individually and severally by the fiduciary duties of care, loyalty and honesty. 

A. Duty of Care Board members take personal responsibility to come to meeting prepared to act, or they agree to abstain from voting. 

B. Duty of Loyalty Board members will put the interests of CNM ahead of their own interests. Board members agree to support the decisions of the majority and not lobby outside the Board with personal opinions after a vote is taken. 

C. Duty of Honesty Board members will act in accordance with CNM policies and procedures and ensure timely reporting and compliance with all local, state and federal regulations.

Committee: Executive

Planning

The Governing Board has the ultimate responsibility for the final approval of CNM’s strategic direction. 

The Board commits to annual strategic planning meetings that result in action plans for the Board and its staff. The strategic plan for the college is reviewed regularly to provide focus for Board and staff. 

The Board Chair ensures Board operating policies and procedures are reviewed and updated as required to comply with current operating procedures (or at least every 3-5 years).

Committee: Executive

Organization

Effective July 1, 2018, regular local elections will now be held on a single day: the first Tuesday after the first Monday in November of each odd-numbered year. See §18, ch. 79, 2018 NM Laws___. 

Members of the CNM Governing Board must be elected during a regular local election, which will be consolidated with school districts, community college districts, learning center districts, flood control districts, Local Economic Development Act projects, special zoning districts, soil and water conservation districts, water and sanitation districts, and starting in 2022, conservancy districts. See §§ 17, 18 and 84, ch. 79, 2018 NM Laws ___.

Terms

Effective July 1, 2018

Commencement of New Terms

The term of office of a candidate to the CNM Governing Board elected in a regular local election will begin on January 1 following the candidate’s election. See §31, ch. 79, 2018 N.M. Laws ___.

Adjustments to CNM Governing Board Members Terms

Temporary provisions in HB 98 adjust the terms of offices to comply with the change in date of local elections starting in November 2019. See §172, ch. 79, 2018 N.M. Laws ___.

Terms Set to Expire in 2019

The term of a member of the CNM Governing Board that was set to expire on or before February 28, 2019 will now expire on December 31, 2019.

Terms Set to Expire in 2021

The term of a member of the CNM Governing Board that was set to expire on or before February 28, 2021 will now expire on December 31, 2021.

Committee: Executive

Election and Terms of Board Officers

The Governing Board will elect officers (Chair, Vice-Chair and Secretary) at the regular Board meeting within three months after the CNM Board election. 

Board officers serve a two year term and may be re-elected for a new term after review by the Governing Board.

Committee: Executive

Committees

Standing committees of the Board will include, but not be limited to, the Executive Committee, Audit Committee, Capital Outlay Committee, Finance Committee and Planning Committee. Committee members are appointed by the Chair of the Board. Ad hoc committees may be appointed by the Chair of the Board for specific purposes as needed. 

No committee or task force can act on behalf of the Board without express permission granted by the Board. Nor can any committee or task force encumber CNM without permission from the Board. 

Committees will develop a plan of work for the coming year and present it to the full Board. Committees will report on progress within their plan at every Board meeting. 

A committee may utilize services of an advisor. These advisors will not be paid for services unless authorized by the Board. Advisors to the committee do not have a vote on actions taken by the committee.

Committee: Executive

Instructional Programs

All instructional programs offered by CNM are designed to meet CNM’s mission, vision, values and goals. The Board will annually consider all instructional offerings and based on relevant data presented by administration, approve programs for the next academic year. The Board will approve all new associate degrees, certificates and other instructional offerings appropriate to the mission, vision, values and goals of the College.

Procedure

In determining approval of new or current programs, the Board will consider the following criteria as appropriate: community impact; interest and support; job availability within the district as well as national, state and local employment trends; potential starting salary; budget implications; equipment, facility and supply needs; and potential impact on other educational offerings of the College.

The procedure for proposing to the Governing Board addition of a new program will be: 

A. A comprehensive needs assessment must be conducted by the appropriate instructional department with the cooperation and assistance of the program advisory committee. 

B. A proposed curriculum must be designed with the assistance of the program advisory committee to assure graduates will have the needed skills and competencies. 

C. The criteria listed above must be addressed in the proposal. 

D. The proposal must be forwarded to the Planning Committee of the Governing Board, which will review the information and make a recommendation for consideration by the full Governing Board.

The President will, upon request of the Board and at his/her own discretion, submit evaluation reports of various aspects of the instructional programs and make recommendations for continuation, elimination or modification.

Committee: Planning

Felony Convictions

A seat on CNM’s Governing Board is a position of public trust requiring the highest level of integrity. New Mexico law states that a person with a felony conviction is not permitted to hold an office of public trust unless the Governor of New Mexico has restored the person’s full rights of citizenship, evidenced by a pardon or certificate. See NMSA 1978, Section 31-13-1(E); see also NMSA 1978, Section 10-1-2. 

Therefore, candidates for a Board vacancy and current Board members will not have a felony conviction as part of their criminal record, unless the exception set forth in state law has been satisfied. Current Board members may, on occasion, be subject to a criminal background check. 

Candidates or current Board members with a felony conviction who have not had their full rights of citizenship restored will be required to withdraw their candidacy or resign from the Board. Failure to resign in accordance with this policy may subject a Board member to criminal or civil removal proceedings in accordance with state law. 

Board members who are charged with a felony must provide written notice to the Board within three (3) days of being charged, advising of the nature of the charge.

Adopted: 8/12/2014
Committee: Executive