Walt Rubel Commentary: More oversight of regents needed

It’s no secret that America’s colleges and universities are big spenders. The highest-paid state official in 43 states is a college coach. In New Mexico, it’s UNM football coach Bronco Mendenhall, who has a guaranteed five-year, $6 million contract, with the opportunity to add numerous incentives on top of that base salary.

And it’s not just in athletics, as demonstrated by the lavish spending of former Western New Mexico University President Joseph Shepard that was not only tolerated by WNMU regents, but was also defended by them.

A recent report by the state auditor uncovered more than $350,000 in improper expenses on luxury travel and the misuse of state purchasing cards. That included a stay at the Ritz-Carlton, Rancho Mirage resort for Shepard and five others, as well as international travel to Zambia, Greece and Spain with his wife, former CIA agent Valarie Plame.

In all, the audit found 402 instances of domestic and international travel in violation of state policies, costing taxpayers $214,261; and 91 instances of improper use of a state purchasing card, costing $149,264. Spending included high-end custom furnishings for the presidential residence, as well as items like alcohol and room service which are not allowed. 

The audit also found that a state expense account and  purchasing cards were issued to somebody who was not a state employee.

“The governing body’s lack of proper oversight and management’s noncompliance with policies and procedures resulted in the waste of public funds and resources entrusted to the university,” the audit said.

Members of the WNMU Board of Regents, who had accompanied Shepard on some of his trips, were well aware of the allegations in July when their annual performance review for him was “Exceeds Expectation,” and he was given a $50,000 bonus.

Shepard resigned in January. And, at the request of Gov. Michelle Lujan Grisham, four or the five regents have stepped down. But none have conceded that they did anything wrong. Shepard repeated an old saying about lies traveling faster than truth, suggesting that all of this has somehow been fabricated.

The most concerning part is that there is nothing to prevent this from happening again. Once appointed by the governor, university regents operate without accountability or oversight. At NMSU, regents blundered into a million-dollar mistake when their search to replace Garrey Carruthers resulted in two people being hired for the job.

A proposed constitutional amendment cosponsored by Rep. Nathan Small, D-Las Cruces, would finally provide for some oversight. If passed by the Legislature and approved by voters, it would allow for the removal of regents in cases of incompetence; neglect; breaches of fiduciary or other duties and malfeasance in office. The removal process could be initiated by a majority of the board or the Attorney General. Removal proceedings would be conducted in district court.

It took way too long and was far too difficult to remove Shepard from office after his wasteful spending had been exposed. We can’t rely on regents, who may have been complicit in some of that wasteful spending, to be the only ones in a position to stop it.

The governor has worked hard to make a college education available to every New Mexico high school graduate. But it’s hard to support increased funding for higher education if the money is being blown on room service at the Ritz Carlton. 


Walter Rubel can be reached at [email protected]

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