Section III

Powers & Responsibilities of the Governing Board

Table of Contents

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The Governing Board holds all the rights, powers, duties, and responsibilities conferred upon and vested in it by the State of New Mexico, including those prescribed by Sections 21-13-1 to 21-13-27 and 21-16-1 to 21-16-22 NMSA 1978, consistent with the provisions of the Constitution of the State of New Mexico.

The Governing Board acts as a collective body. A Member’s authority may be exercised only when acting as part of the Governing Board in a regular or special meeting, or in a duly authorized committee meeting. The Governing Board’s fundamental powers and responsibilities include those below.

3.1 General Management Policies

Policy statements supporting the Vision, Mission, and Core Values of the College are considered and adopted by the Governing Board. New policies or modifications to existing policies are considered in consultation with and, generally, upon the recommendation of the President. The policies provide guidance and set parameters for decisions related to the attainment of CNM’s educational and other objectives.  All policies are available for public inspection on the CNM website.

3.2 Vision, Mission, and Strategic Plan

In collaboration with the President, the Governing Board establishes and keeps current CNM’s Vision, Mission, and Core Values. The Governing Board partners with the President in the development and implementation of a Strategic Plan. The Strategic Plan defines the guiding framework and objectives that CNM follows for a stated period of time. The Strategic Plan focuses on:

  • Student Success – Students achieve their educational and career goals.
  • Community Success – New Mexico and its people prosper.
  • Organizational Excellence & Innovation – CNM leads as an ethical and effective organization.

The Governing Board has adopted and periodically receives reports on Key Performance Indicators to monitor progress under the Strategic Plan.

3.3 President

The Governing Board develops the position description hires and negotiates the President’s employment contract. The Governing Board oversees and evaluates the performance of the President including the development of a succession plan. 

3.4 Delegation

The Governing Board, in its discretion, is empowered to delegate certain of its powers.   In instances where the Governing Board has delegated one or more of its powers to the President, the President is authorized to further delegate the execution of such powers to named designees. See Section VI Delegations of Authority.

3.5 Hiring/Delegation

State law empowers the Governing Board to hire all faculty and staff of the College and to manage employer/employee relations.  The Governing Board has determined that College faculty and staff should be hired and managed by the President. See Section VI Delegations of Authority.

3.6 Employee Compensation Plan

In collaboration with the President the Governing Board annually adopts the Employee Compensation Plan.

3.7 Fiscal Oversight 

The Governing Board oversees the raising, collection, investment, budgeting, expenditure, and accounting of all College funds and property, and authorizes the issuance and redemption of General Obligation Bonds. The Governing Board adopts specific policies relative to fiscal management as required by law and as otherwise deemed appropriate. Duly adopted Governing Board fiscal policies are contained in the Policy Manual which follows this Guide. General fiscal management of the College has been delegated to the President. See Section VI Delegations of Authority. Pursuant to a sub-delegation of authority by the President, relevant implementing policies and procedures are developed and maintained by the Vice President of Finance and Operations. 

3.8 Investment of College Funds

The Governing Board is responsible for adopting and overseeing compliance with policies for investment of College assets, both unrestricted available funds and restricted or Endowment funds.

3.9 Tuition

The Governing Board annually sets tuition rates and student fees. The College follows the regulations of the New Mexico Higher Education Department (“HED”) in determining if a person is a resident or nonresident of New Mexico for tuition purposes.

3.10 Budget

The Governing Board reviews and approves the proposed Annual Operating Budget, unrestricted and restricted, for the next fiscal year prior to submission to the HED.  It also reviews and approves all budget adjustment requests to be submitted to the HED.

3.11 Internal Audit

The Governing Board may require the President to address concerns related to CNM fiscal, personnel, and administrative management policies and practices brought to its attention via internal audits.

3.12 External Audit

The Governing Board is obligated to undertake and oversee an annual audit conducted by an independent auditor. In accordance with the New Mexico State Procurement Code, and upon recommendation of the Audit Committee the Governing Board engages the independent auditor annually.

3.13 Master Plan Projects

As part of the annual CNM Master Plan process, after receipt of an independent real estate appraisal(s) establishing value, the Governing Board approves the acquisition and disposition of real property. It also reviews and approves capital outlay projects, which are defined as: (1) information technology projects, including but not limited to infrastructure and software purchases; (2) any undertaking that results in additional building square footage, including new construction, expansion, or renovation; (3) demolition; or (4) replacement project for an existing facility or facilities.

3.14 Real Property Leases

The Governing Board approves all leases of CNM College real property.

3.15 Contracts

Notwithstanding the delegation of general management of the College to the President, as required by State statute or as a matter of past custom the Governing Board reviews and approves various transactions as required or deemed appropriate.

3.16 Instructional Programs

All instructional programs offered by CNM are designed to meet the College’s Vision, Mission, and Core Values. The Governing Board works cooperatively with the President to improve College academic programs, and to establish, alter or eliminate programs and other services as it deems appropriate for the education of the students and the structural health of the College. The Governing Board evaluates all instructional offerings annually. In doing so, the Governing Board considers, at least, the following criteria: community impact and support; student interest; job availability within the district, national, state, and local employment trends; potential starting salary; budget implications; equipment, facility, and supply needs; and potential for articulation and the impact on other educational offerings of the College. Based on relevant data presented by the CNM Administration, the Governing Board considers and approves new programs and the continuation, modification, or elimination of current programs for the next academic year.  The President is encouraged, where appropriate, to recruit and utilize community-based curriculum advisory committees to provide greater community involvement and relevance in the educational planning process.

3.17 Auxiliary Entities

The Governing Board is empowered to authorize the establishment of auxiliary entities deemed necessary or appropriate to fulfill or support CNM’s Mission.  The Central New Mexico Community College Foundation, CNM Ingenuity Incorporated and CNM Holdings Incorporated are separate legal entities established by the Governing Board under these general powers.

  • Central New Mexico Community College Foundation: The Governing Board has entered into a memorandum of understanding (“MOU”) with the CNM Foundation defining the relationship, the CNM Foundation organization and function, and the management and distribution of gifts and donations for the benefit of the College. The Governing Board has authorized the CNM Foundation to accept living and testamentary donations of money and property for the benefit of the College. Presentation of memorials or other awards are fittingly recognized by the Governing Board. In no case will such recognition include a testimonial or endorsement by the College of a product or business enterprise.  A copy of the CNM Foundation Amended and Restated MOU is available upon request to the President’s office.
  • CNM Ingenuity, Inc.: The Governing Board has entered into an MOU with CNM Ingenuity defining the relationship, the CNM Ingenuity organization and function, and the coordination of efforts to train students seeking specific hands-on work skills outside of a degree-granting system. A copy of the CNM Ingenuity MOU is available upon request to the President’s office.
  • CNM Holdings, Inc.: The Governing Board entered into an MOU with CNM Holdings defining the relationship, the CNM Holdings organization and function, and the management of real property (other than instructional space or College staff offices) acquired, managed and disposed of by CNM Holdings for the benefit of the College in the fulfillment of its Mission. A copy of the CNM Holdings MOU is available upon request to the President’s office.