Regents Minutes - February 2014

New Mexico Institute of Mining and Technology

Board of Regents

1:30 p.m., February 14, 2014

Inn at Loretto, Tesuque Room
Santa Fe, New Mexico


The New Mexico Tech Board of Regents convened at 1:30 p.m., with Acting Chairman Jerry Armijo presiding. Other Board members present were Regent Deborah Peacock, Regent Israel Rodriguez-Rios and Regent Richard Carpenter via telecom from MD Anderson Medical Center.  University administrators, staff, and guests who were also present included:

1. Proof of Meeting Notice:  The meeting was called to order at 1:35 p.m. by Board of Regent Armijo after the board confirmed that proper notice had been given.

2. Approval of Agenda: Regent Peacock motioned to amend the agenda to include an update on litigation under Agenda Item 17.   Regent Rodriguez-Rios seconded the motion and it was unanimously approved.

3. Minutes:  Regent Peacock moved to approve the minutes from the December 3, 2013 meeting.  Regent Rodriguez-Rios seconded the motion and it passed unanimously.

Announcements: President López reported an increase in paid applicants from last year, 26 to be specific.  He also announced February 17 would be a visitation day and to date over 200 individuals had replied of their intent to attend the full day open house.  He felt confident that enrollment would remain steady or surpass this year.

5. Public Comment:  None

6. NM Tech Annual Audit:  Mr. Lonnie Marquez, Vice President, Administration and Finance introduced Clark Cagle, Auditor Director for Atkinson Certified Public Accountants who conducted the annual audit.  Mr. Cagle reported that all deliverables have been completed except for tax returns.  Regent Peacock asked a series of questions from the audit report with each being answered satisfactorily.  Regent Carpenter motioned to accept the audit as presented; Regent Rodriguez-Rios seconded the motion and it was unanimously accepted.  Regent Armijo stated that each year the audit becomes more complex because of reporting mechanisms and each year the New Mexico Tech staff rise to the challenge and exceed in responding to the auditors.  The staff of the Administration and Finance were recognized, thanked and applauded for a job well done.

7. Quarterly Financial for December 2013:  Vice President Marquez reported that the quarterly financial was the same format as described in the annual audit.  The report compares the revenues and expenditures for the years 2012 and 2013.  Regent Peacock motioned to approve the quarterly financial; Regent Carpenter seconded the motion and it was unanimously approved.

8. Financial Analysis for December 2013:  Marquez reported that the university is in good financial standing.  Regent Rodriguez-Rios motioned to approve the financial analysis; Regent Peacock seconded the motion and it unanimously was approved.

9. January Degree Conferrals:  President López provided the list of degree conferrals for information citing 36 bachelor degrees, 15 masters and 2 doctoral degrees awarded.

10.  Policy on University Policies:  Dr. Mary Dezember described the procedures required for creating policies for the university.  She furthered this discussion by emphasizing this as a requirement for accreditation purposes.  Discussion continued with questions being asked by Regents Carpenter and Peacock.  Regent Peacock suggested an amendment to the policy:  On page 5, Section II A, second paragraph, after institution, insert and/or the Board of Regents and on page 6, Section II C, third paragraph, third line, after President, insert and/or the Board of Regents.  Regent Carpenter motioned to approve the policy with Regent Peacock’s amendments; Regent Rodriguez-Rios seconded the motion and it was unanimously approved.

11.  Property Items to be Removed from Inventory:  Vice President Marquez presented the three resolutions for approval.  The first resolution, 140214-01 was to remove tangible items valued under $5000.00.  Regent Carpenter moved to approve; Regent Peacock seconded the motion and it was unanimously approved.  Resolution 140214-02 removes tangible property valued over $5000.00 from inventory.  Regent Carpenter moved to approve the resolution; Regent Peacock seconded the motion and it unanimously was approved.  Resolution 140214-03 is to remove assets with an acquisition cost greater than $5000.00 from inventory.  This would result in the transfer of four vehicles by negotiated sale or donation to NM Highland University.  Regent Carpenter moved to approve the resolution; Regent Peacock seconded the motion and it was unanimously approved.

12.  Restricted Fund Purchases:  Vice President Marquez noted that the award information was in data provided to the regents citing six awards.  (Note: New Mexico Tech notifies Regents of restricted funds purchases in excess of $100,000; in this case, for one award for PRRC, three for EMRTC and one for Earth and Environmental Science.)

13.  Open Meetings Act Resolution:  The resolution was updated and submitted for approval to reflect the new date of the resolution although there were no changes made to the content of the resolution.  Regent Peacock moved to approved the resolution; Regent Carpenter seconded the motion and it was unanimously approved.

14.  Individual Board Member Comments:  Regent Rodriguez-Rios commented that he was in favor of a tuition increase as long as the proceeds were spent on salaries for under paid employees and to provide funding for the Alternative Licensure Program.

15.  New Business:  There was no new business to come before the Board.

16.  Employee Benefit Trust:  The board recessed its regular meeting at 3:20 p.m. to convene as the Benefit Trust. Vice President Marquez noted that December had experienced disastrous claims.  Bills were being paid; however, the university loaned the benefit trust a total of $800,000.  He stated that two claims were a huge hit to the benefit trust.  In January, he reported, the university recovered stop loss.  At 3:25 p.m., the benefit trust adjourned and the Board resumed in regular session.

17.  Executive Session, NMSA 1978, Section 10-15-1 (H) (2); (If Required to Consider Matters Subject to the Attorney-Client Privilege Pertaining to Pending or Threatened Litigation and Limited Personnel Matters Involving an Individual Former Employee of New Mexico Tech:  Regent Armijo called for the Board to meet in closed Executive Session to consider matters subject to the attorney-client privilege pertaining to threatened or pending litigation to which Tech is or may become a participant and a limited personnel matter involving an individual former employee of Tech. Following a unanimous roll-call vote in an open meeting, the Board met in closed Executive Session to consider such matters.  Regent Armijo called on Mr. Kyle Crockett, a former NM Tech employee to address the Board regarding his appeal from the President’s decision regarding his employment.  Mr. Crockett addressed the Board and provided Regent Armijo with his written statement.  After Mr. Crockett’s address, the Board continued in closed Executive Session.

18.  Reconvene in Open Session and Take Final Action, if any, on Such Limited Personnel Matters Which Shall be Acted Upon in Open Session Following Conclusion of the Closed Session:  After deliberations in closed Executive Session, with no Tech staff present, at which no matters except those specified in Paragraph 17 above were discussed, the Board reconvened in open session and Regent Armijo announced that the Board had considered the appeal of Mr. Kyle Crockett.  Regent Peacock moved to uphold the President’s decision on the termination of Mr. Crockett; Regent Carpenter seconded the motion and it was unanimously approved.

19. Adjournment:  No further business to come before the Board, Regent Armijo adjourned the meeting.