By Lynn Janes

On January 2, 2025, Western New Mexico University faculty senate held a virtual meeting. Dr. Phil Schoenberg called the meeting to order, and the agenda  was approved. All senators attended.

Schoenberg had a few comments to make before the special meeting started. He welcomed all senators, WNMU staff and guests. He thanked everyone for their interest in the proceeding. For people not familiar with what role the faculty senate has, Schoenberg explained. He read the powers of the senate out of the faculty handbook.

The powers of the faculty senate have been delegated as the general assembly and approved by the board of regents. It also would be the ones implied by its existence as a university to preserve, augment, criticize, transmit knowledge and to foster creative capacities. The senate can unilaterally initiate investigations and discussion of items in its domain. Schoenberg said: "That is what we will  be  doing today."

Schoenberg added that the individual senators before them that when they vote they do not necessarily represent themselves but rather the departments they represent. Their vote will be what their department has voted.

He expressed his thanks to the faculty of WNMU for coming together to do quite a bit of work of deliberation. They had a lot of conversations in a short time with short notice. He thanked Governor Michelle Lujan Grisham for intervening in this matter on their behalf. It had been strong, clear communication, calling for the board of regents to resign.

Schoenberg spoke to what a vote of no confidence meant. It would have no specific effect or the power to do anything. The vote will just potentially be a way to send a powerful message from the faculty to express a lack of confidence in their leaders and make it known publicly. "It is perfectly in order if the senate believes that this motion is appropriate. What it is not however is a personal attack on anyone or any group of people. It is not a referendum on anyone's character." He continued that they didn't want to humiliate anyone. Schoenberg said he had spoken to Mary Hotvedt PhD, board of regents president, before the meeting and she said the board had every intention of complying with the governor's request to resign.

He turned the meeting over to Jorge Romero-Habeych, representative for the school of business. He thanked Schoenberg and the faculty senate for allowing him to make this motion. "The faculty senate of Western New Mexico University hereby declares no confidence in the sitting board of regents, in light of their failure to uphold their fiduciary responsibilities to the university."

They acknowledge and support the governors call for the regents to resign immediately. Furthermore, the call upon state officials, elected officials to work to remove any who will not resign in accordance with the constitution of the state of New Mexico and to use any legal authority at their disposal to rescind, to nullify the separation and faculty appointment agreement recently entered into with Dr. Joseph Shepard, president of WNMU. A motion was on the floor to accept by Habeych and seconded by Joel Blaxland, representative for department of social sciences.

At that point Schoenberg opened the floor up to discussion.

Blaxland wanted to reiterate that he has relied on the sentiment of his department. He specifically wanted to speak to the second part of the motion concerning the separation agreement. The regents have discriminated against all WNMU faculty by creating an appointment far beyond market-based value for salary and teaching load and further compounded by the awarding of tenure. Although regents have the power to grant tenure, their manual mandates the decision will be made following the review and action by the faculty. The manual further says that tenure will be granted to faculty members in accordance with the faculty handbook.

The regents handbook says that faculty appointments of administrators will be made with consultation of the appropriate academic department. The faculty handbook covers in length on appointments with the most relevant provisions here being  that  responsibility for promotion and tenure rests with senior members of the department faculty. The final responsibility rests on the board of regents. Both manuals address a critical expectation of faculty input. He noted where the information could be found in the manuals for all statements he made.

Blaxland continued that by the regents disregarding the foundational elements of the principals of shared governance they had clearly signaled they could not be trusted to select the next president. "We therefore stand with the school of business."

Takahiro Sato, representative for school of nursing and kinesiology, said they had met that morning and had been in full consensus to vote yes. They had a brief comment to add. They all have appreciated everything Shepard had done for the university. The vote does not reflect how they feel about his work but how the board of regents handled the contract revisions. They expressed a strong support to the school of business as colleagues.

Habeych said on behalf of the school of business he wanted to thank them for taking the time to address this very important issue thus fulfilling the rightful role within the model of shared governance. The school of business finds the separation of the faculty appointment agreement that had been entered into by the board and Shepard to be extremely troubling. The agreement raised significant questions about the future financial health of WNMU, model of governance and moral and ethical standards.

He had some significant financial implications of the agreement so anyone who didn't know could understand but specifically for the voting faculty senate members. Under the agreement Shepard will receive $1.9 million lump sum cash effective January 15, 2025. With two remaining years on his contract that equates to a buyout of $950,000 per year. He receives a guaranteed academic position for five years in the school of business. He will receive a salary of $200,000 per year teaching two remote online classes each semester. "Clearly this is troublesome for the school of business. He will be given the academic rank of full professor and given tenure." Shepard will also be granted a six-month sabbatical for spring 2025 to prepare for two online classes scheduled for fall 2025. He will be receiving the $200,000 during the sabbatical. Shepard will also receive substantial legal protections. He cited some examples such as guaranteed indemnification, defense and defense funding and protection from liability for any legal issues arising from his tenure.

Habeych said because of the scandals that have been taking place in the last few years and the findings by the state auditor that had been released at the end of November this would be significantly shocking and costly. Shepard will be granted full retirement and other benefits available only to tenure faculty after meeting tenure requirements. One of the requirements being seven years of full time teaching load with peer approval. He said that the agreement also lined out other benefits. He encouraged all to read Shepard's 2022 employment agreement which does not entitle him to any of the benefits he had just described. "I am not a lawyer, but I do have the ability to read, and I think I'm reasonably intelligent." As mentioned before the school of business had not been consulted regarding this decision to grant Shepard a position within the school of business.

Like many departments they have been short staffed and have requested additional funding and staffing for years. The cost of addressing these needs would only be 40 percent of the compensation allocated to Shepard for his adjunct role. The budget implications of this appointment have not been communicated to the school of business and do nothing to address the existing staff shortage. Habeych added that Shepard would be the highest paid faculty member despite teaching only two online classes.

The school of business has accreditation requirements and standards which it has not been clear if Shepard would be qualified.

Habeych said the separation and faculty appointment agreement has concerning financial implications for the entire university and every department. He asked, "Does WNMU have $1.9 million available to buy out the contract? Will this financial package leave the university without reserves? Will it leave it strained for the next few years? Is the faculty appointment fair, equitable and transparent in comparison to other faculty treatment?" He continued with many more concerning questions. As a trusted public institution, he thought they should be considering the reality of New Mexicans living paycheck to paycheck, struggling to pay bills and feed their families. "The university cannot, in good faith, move forward with a search for a new president until there is an extensive review of the process that led to this decision. It is important that the governor and attorney general hear us and rescind and nullify this agreement."

Habeych added the school of business takes great pride in its mission to educate future leaders who create value for value for society while having standards of ethical and moral behavior. This agreement compromises the trust placed by the students, peers and the wider community.

Gregory Robinson Guerra, representative from college of education, said they had all met and most have been very concerned about the lack of communication, transparency and shared governance completely ignored. The hiring process had not been followed. It will be important to support the school of business because this could happen in any department. The process to hiring a professor is important and everyone goes through the process.

All faculty senators voted yes in the roll call to send the letter of no confidence.

The meeting adjourned and Schoenberg thanked everyone and told them, "It's very courageous of you and I am proud to be counted among you all as a peer."