A. Community college board members shall be qualified electors and residents of the community college district.
B. Community college board members shall be elected for staggered terms of six years. Elections shall be held pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978].
C. All vacancies caused in any other manner than by the expiration of the term of office shall be filled by appointment by the remaining members. An individual appointed by the remaining members of the board to fill a vacancy in office shall serve until the next community college board election, at which time candidates shall file for and be elected to fill the vacant position to serve the remainder of the unexpired term.
D. A community college board shall select from its members a chair and secretary who shall serve in these offices until the next regular community college board election. After each community college board election, the members shall proceed to reorganize.
History: 1953 Comp., § 73-33-7, enacted by Laws 1963, ch. 17, § 7; 1964 (1st S.S.), ch. 16, § 6; 1965, ch. 277, § 2; 1980, ch. 53, § 4; 1985, ch. 238, § 8; 1995, ch. 90, § 1; 1998, ch. 61, § 4; 1999, ch. 219, § 1; 2008, ch. 43, § 1; 2018, ch. 79, § 83.
ANNOTATIONSThe 2018 amendment, effective July 1, 2018, revised the criteria for community college board members, provided that elections for community college board members shall be held pursuant to the Local Election Act, and made technical and conforming changes; in Subsection A, after "members shall be", deleted "over twenty-one years of age"; and in Subsection B, after "terms of six years", deleted "beginning on April 1, succeeding their elections", deleted former Paragraphs B(1) and B(2) and added "pursuant to the Local Election".
The 2008 amendment, effective May 14, 2008, added Paragraphs (1) and (2) of Subsection B.
The 1999 amendment, effective July 1, 1999, added "Community college" at the beginning of Subsections A and B and made minor stylistic changes in Subsection C.
The 1998 amendment, effective March 9, 1998, rewrote this section.
The 1995 amendment, effective June 16, 1995, in Subsection A, substituted "executive director" for "secretary" and "commission on higher education" for "board of educational finance", and, in Subsection B, added the last sentence and made minor stylistic changes.
Immunity. — The New Mexico junior college is a local governing body with specific discretionary powers and, following the analysis in Daddow v. Carlsbad Mun. Sch. Dist., 1995-NMSC-032, 120 N.M. 97, 898 P.2d 1235, is not protected from suit under the Eleventh Amendment. Leach v. N.M. Junior Coll., 2002-NMCA-039, 132 N.M. 106, 45 P.3d 46, cert. denied, 132 N.M. 83, 44 P.3d 529.
Validity of "registered" voters provision. — The provision of the act which requires election of board members by "registered" voters is not so indefinite as to be invalid because there is no specific provision in the act for the registration of voters. The term "registered voter" refers to one duly registered under the general election laws. Daniels v. Watson, 1966-NMSC-011, 75 N.M. 661, 410 P.2d 193.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 11, 15.
14A C.J.S. Colleges and Universities §§ 4, 16.