The board of regents shall have power and it shall be its duty to enact laws, rules and regulations for the government of the university of New Mexico. The board of regents may hire a president for the university of New Mexico as its chief executive officer and shall determine the scope of the president's duties and authority.
History: Laws 1889, ch. 138, § 14; C.L. 1897, § 3576; Code 1915, § 5123; C.S. 1929, § 130-907; 1941 Comp., § 55-2407; 1953 Comp., § 73-25-7; 1995, ch. 167, § 3.
ANNOTATIONSThe 1995 amendment, effective June 16, 1995, inserted "board of", substituted "its" for "their", substituted "the university of New Mexico" for "the university", and added the last sentence.
Employee must comply with internal grievance procedures. — An employee must substantially comply with mandatory internal grievance procedures contained in an employee manual or handbook before filing suit for breach of contract claims based on an alleged failure of an employer to follow its employment policies. Lucero v. UNM Board of Regents, 2012-NMCA-055, 278 P.3d 1043, cert. denied, 2012-NMCERT-004.
Where a university manager was terminated by the university; the manager did not follow the grievance process contained in the university's employee handbook by filing a grievance; the handbook governed the manager's employment with the university; and the manager filed an action in district court for breach of contract and wrongful termination alleging that the employee handbook created a contract and that the university breached the contract by failing to abide by the handbook's policies and procedures governing workplace performance, disciplinary action, a harassment-free workplace, employer-employee relations, progressive discipline and by disciplining the manager without just cause, the manager's claims were barred because the manager failed to exhaust the handbook's internal grievance procedures before filing the breach of contract action based on an alleged failure of the university to follow policies in the handbook. Lucero v. UNM Board of Regents, 2012-NMCA-055, 278 P.3d 1043, cert. denied, 2012-NMCERT-004.
Independence of board of regents. — The board of regents is an independent governing body which has a very real, though somewhat ill-defined, independence from outside control. The reason for the regents' autonomy is to assure that the educational process is free of interference from the capricious whims of the political process. Regents of the Univ. of N.M. v. N.M. Fed'n of Teachers, 1998-NMSC-020, 125 N.M. 401, 962 P.2d 1236.
Constitutionality of Public Employees Bargaining Act. — The Public Employees Bargaining Act, compiled in Chapter 10, Article 7E, which requires government entities, including the University of New Mexico, to allow all employees except those specifically exempted by that act to engage in collective bargaining, does not violate the autonomy of the University's Board of Regents as granted by N.M. Const., art. 12, § 13. Regents of Univ. of N.M. v. N.M. Fed'n of Teachers, 1998-NMSC-020, 125 N.M. 401, 962 P.2d 1236.
Legislative intent. — In establishing the university of New Mexico, the legislature contemplated that the regents would exercise ultimate authority in the management and control of the university. 1969 Op. Att'y Gen. No. 69-104.
Review and approval of actions below. — The explicit references in 21-7-8 and 21-7-9 NMSA 1978 to the regents' duties and responsibilities require that the board review and approve the actions taken below in exercise of limited power to immediate government. 1969 Op. Att'y Gen. No. 69-104.
Duty to review mandatory. — The regents' duty of review and approval of actions below is mandatory and cannot be waived or circumvented by the board. 1969 Op. Att'y Gen. No. 69-104.
Traffic control jurisdiction. — The board of regents of the university of New Mexico is specifically given traffic control jurisdiction on its property and may employ and assign duties of campus security officers for the institution. 1969 Op. Att'y Gen. No. 69-48.
Limited applicability of city's ordinances. — Ordinances of the city of Albuquerque dealing with crimes do not apply to land under the control of the board of regents of the university of New Mexico except for traffic offenses as provided in 35-14-2 NMSA 1978. 1969 Op. Att'y Gen. No. 69-48.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities § 25.
Clothes of pupils, validity of regulation as to, 14 A.L.R.3d 1201.
14A C.J.S. Colleges and Universities § 17.