2019 New Mexico Statutes
Chapter 21 - State and Private Education Institutions
Article 6 - New Mexico School for the Deaf
Section 21-6-1 - Board of regents; appointment; officers; superintendent; indebtedness; report.

A. The New Mexico school for the deaf shall be under the control and management of a board of regents consisting of five members, at least one of whom shall be a deaf person and at least one of whom shall be the parent of a deaf child, to be appointed by the governor, by and with the advice and consent of the senate for a term of six years. Not more than three of them shall belong to the same political party at the time of their appointment. The board shall make its own rules and regulations for the government of its meetings and the institution under its care. Annually on the second Monday of April the board shall elect from among its number a president and secretary.

B. The board shall have full power and authority to employ a superintendent, teachers and all other necessary employees to operate the New Mexico school for the deaf in the most efficient manner with the appropriations made therefor, with full power to provide suitable buildings, additions to existing buildings and enlarging and improving the buildings and property now occupied by the school.

C. It is unlawful for any member of the board of regents to incur any indebtedness or provide any improvements, repairs or to enlarge the buildings, except for current expenses, unless there is money on hand in the treasury subject to be used for those purposes.

D. Members of the board of regents shall be reimbursed according to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] for travel and expenses incurred for each day in actual attendance at board meetings or while engaged in the performance of official business.

E. The board of regents shall present to the governor each year a full and detailed report including an itemized statement of all expenditures and of all its actions during the previous year, with that information and those recommendations it deems necessary and advisable for the governor and the legislature to act upon.

History: Laws 1899, ch. 42, § 2; Code 1915, § 5102; C.S. 1929, § 130-404; 1941 Comp., § 55-2303; 1953 Comp., § 73-24-3; Laws 1961, ch. 31, § 1; 1979, ch. 44, § 1; 1981, ch. 19, § 1.

Cross references. — For penalty for interest in contracts for supplies, see 21-1-35 NMSA 1978.

For state educational institutions, see N.M. Const., art. XII, § 11.

For boards of regents for educational institutions, see N.M. Const., art. XII, § 13.

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.

Implied powers also possessed. — The board of regents possesses, in addition to the express powers given, those which although not expressly stated are necessarily implied in order that the objects and purposes of the institution may be fully attained. 1955 Op. Att'y Gen. No. 55-6169.

Power to designate jury duty as vacation. — The duly constituted board of regents of the school for the deaf is authorized to make decisions according to its sound judgment. It may, or it may not, designate absence of a school employee for jury duty as a vacation period during which time the employee will receive regular pay. 1962 Op. Att'y Gen. No. 62-73 (see Section 38-5-18 NMSA 1978).

Scope and effect of statutory powers. — The New Mexico school for the deaf is not subject to the Personnel Act (see 10-9-1 NMSA 1978 and notes thereto). Rather, the control of its employees and the appropriations for the school are placed in the hands of the board of regents of that school under this section, which authorizes the board to make rules and regulations governing the institution. 1962 Op. Att'y Gen. No. 62-73.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 3, 5, 7, 11, 35, 39; 63A Am. Jur. 2d Public Officers and Employees §§ 460 to 462, 476; 68 Am. Jur. 2d Schools § 30.

Public officer's rights and duties in respect of mileage and other allowances incident to duties of his office but which represented no actual expense or outlay by him, 81 A.L.R. 493.

Allowance of mileage or traveling expenses to officer as offended by use of his own vehicle for transportation, 112 A.L.R. 172.

Constitutionality of statute requiring or limiting, selection or appointment of public officers or agents from members of a political party or parties, 140 A.L.R. 471, 170 A.L.R. 198.

When does change in "educational placement" occur for purposes of § 615(b)(1)(C) of the Education for All Handicapped Children Act of 1975 (20 USCS § 1415(b)(1)(C)), requiring notice to parents prior to such change, 54 A.L.R. Fed. 570.

14A C.J.S. Colleges and Universities §§ 14 to 17; 29 C.J.S. Election 1 (7); 67 C.J.S. Officers and Public Employees §§ 36, 40 to 43, 66, 69, 224, 225.