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Section VII

Policies Applicable to the Governing Board

Table of Contents

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7.1 Code of Conduct

The Governing Board has adopted policies applicable to the role of each Member of the Governing Board, and more specifically addressing:

  • Ethical Standards
  • Conflict of Interest Standards
  • Fiduciary Standards:
    • Duty of Care
    • Duty of Loyalty
    • Duty of Honesty

These policies, which collectively constitute a code of conduct, are reflected in the Annual Commitment Letter to be executed by each Member (See Appendix 1).

7.2 Code of Conduct Enforcement

A Member shall report a suspected violation of the Governing Board’s standards of conduct or any other apparent irregularity to the Chair, or if the matter involves the Chair, then to the Vice Chair.  The Executive Committee will conduct a full and fair investigation of the allegations.  Each Member is expected to cooperate fully with any investigation undertaken.  A report of the results will be presented to the entire Governing Board, which will consider remedial action if warranted.  If it is determined that a violation has occurred, in addition to any other action, the Governing Board may make an appropriate disclosure to governmental agencies, including law enforcement authorities. There will be no adverse action, retribution, or other reprisal for the good faith reporting of a suspected violation of Governing Board standards.

7.3 Criminal Background Check/ Criminal Charge/ Conviction

Members may be subject to a criminal background check, including fingerprints, to which every Member consents. The Board Chair, the President, and the subject Member receive notice of a background check with findings.  The details of a background check are not shared with any other CNM personnel.

A Member who is charged with a felony must provide written notice to the Executive Committee within three (3) days of being charged, stating the nature of the charge. If a serving Member is convicted of a felony or other crime the Governing Board act, as appropriate, to determine the existence of a Governing Board vacancy, and to fill such a vacancy.

7.4 Nepotism

Family members of the Governing Board shall not be hired as President, for internal audit positions or into any other positions prohibited by state statute. See NMSA 1978, § 10-1-10. Individuals hired before a Member is elected or appointed are not subject to this policy.  For the purposes of this policy, family members include parents, children, spouses, domestic partners, grandparents, grandchildren, siblings, half-siblings, great-grandparents, great-grandchildren, aunts, uncles, nieces and nephews, mother-in-law, father-in-law, stepparent, son-in-law, daughter-in-law, stepchild, step-brother, brother-in-law, step-sister, sister-in-law, adopted children, domestic partner children, and any other person who is a member of the employee’s household.

7.5 Public Information

The Governing Board ensures that the public, CNM faculty and staff, and students are informed of Governing Board actions by providing updates on the Governing Board webpage. 

7.6 General Activity Account

The Governing Board is responsible for adopting and overseeing compliance with policy regarding use of appropriated funds and the College’s general activity account (“GAA”). The GAA account serves to fund community relations expenditures that include meals and entertainment, volunteer recruitment, and participation in public functions and community organizations.

7.7 Employee Handbook

The Governing Board considers and approves the policies applicable to all employees which are published in the Employee Handbook. Provisions expressed in collective bargaining agreements supersede inconsistent Employee Handbook provisions if they would otherwise apply to members of the relevant bargaining unit.