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\name{Richard Sonnenfeld }
%\name{Richard Sonnenfeld\\Associate Professor of Physics }
\department{Physics Dept}
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\telephone{rsonnenfeld@gmail.com}

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\begin{letter}{Faculty Senate of New Mexico Tech \\ Mr. Jacoby Boles
        -- Archivest
        \\Dr. Fred Phillips -- Vice Chair \\
        \\Dr. David Burleigh -- Parliamentarian \\
801 Leroy Place -- Socorro,  NM   87801 \\|\\Re: REVISED Response
to your resolution dated 2/5/2013  \\|\\}
%\begin{letter}{ Dr. Junping Wang, Program Officer, NSF \\ 4201 Wilson Blvd\\Arlington, VA  22230\\|\\Re: Request to move expense \$ to capital \$ in Proposal \#CMG-0724771 \\|\\}

\opening{Dear Faculty Senate:}

In our February meeting, you directed me to inquire about
adding New Mexico Tech to bill HJR-09 of the 2013 NM State Legislature.
I first made Dr. Lopez aware of your request.  
Your Regents were also aware of the existence of HJR-09, and it
was discussed at the February Regents meeting.  In response
to a query from Regent Carpenter, Dr. Lopez shared
that the bill did not seem to have strong legislative support.

I researched the topic of faculty regents, and found that Western Kentucky
University has both Faculty and Staff as voting members of their
board of Regents.  Numerous other schools (including the University of
California) have Faculty Advisory Panels that participate as non-voting
members at Regents meetings and are of-counsel, including in Presidential
searches.  In light of my research, I would characterize HJR-09 as
\emph{forward-leaning.}  At the time of this writing, HJR-09 appears
to be dead in committee.

I also studied
the legislative process and realized that the request came
too late to be effective in the current legislative session.
Should the Senate maintain enthusiasm for this legislation, I suggest
that a legislative committee be formed, and, after consulting with 
Dr. Lopez, work out a plan of action with Rep. Steinborn, and our own
Rep. Don Tripp to move a modified bill forward in the 2014 Legislature.
I am not, in this report, making this a formal proposal.

In studying the bills before the state legislature, I rapidly discovered
HJR-08, and have been told by people I trust that I would be fulfilling the
letter of your charge, but not its spirit, should
I fail to bring HJR-08 to your attention.  This bill is 
ALSO sponsored by Rep. Steinborn and has been formally
endorsed by the NMSU Faculty Senate.  It has also been endorsed by the 
legislative committee of the UNM Faculty Senate (but not by the entire
Senate).  HJR-08 is very simple:
\begin{verbatim}
PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO TO PROVIDE
FOR NOMINATING COMMITTEES FOR ALL APPOINTED MEMBERS OF BOARDS
OF REGENTS OF STATE EDUCATIONAL INSTITUTIONS.
\end{verbatim}

HJR-08 does NOT specify who is on the nominating committee, but leaves that
to the discretion of the legislature. HOWEVER, a nominating committee
process WAS DRAFTED AND SIGNED INTO LAW by Governor Bill Richardson in the
final days of his administration (and a copy is provided to you).
The process was immediately reversed when Governor Martinez took office.
In general, governors do not give away powers lightly.  Thus, one
would expect that should we choose to support HJR-08 that we would not
be popular with our governor.

HJR-08 has emerged from committee, and is likely to reach the floor of
the state house of representatives.  That does not mean that it will
also pass the State Senate.  HJR-08 refers to ALL state educational
institutions, which means it already refers to us at New Mexico Tech.
HJR-08 has a strong advocate in Fred Hashimoto, an emeritus distinguished
professor at UNM.  Dr. Hashimoto has specifically requested NM Tech
Faculty Senate support,
and says it could have an effect on the success of the bill.

Dr. Hashimoto's argument, which I support, is that a process that assures
that Regents are qualified and experienced for their positions will
lead to better outcomes for their Universities.  He cites as evidence
a report by the University of Michigan which showed that states
ranked in the bottom five for higher education performance (New Mexico
is one) had politically appointed boards of Regents, while three of five
states at the top of performance (Minnesota, Massachusetts and Utah) 
had performance/qualification based nominating committees.  

In light of what I have recently learned about HJR-08, I submit to
you a possible proposal.  
\emph{The Faculty Senate of New Mexico Tech endorses
HJR08 and supports the concept
of having a nominating committee for Regents at state
institutions.  We assert that a Regent nominating committee and associated
vetting process will ensure the selection of well-qualified
individuals  who are best able to advance
the performance of institutions of higher education in New Mexico.}

In closing, I much appreciate your committment to better governance
at all levels.  


%\closing{Sincerely yours,}
Respectfully yours, \\
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\includegraphics[scale=0.4]{Richard_Sonnenfeld_sig_dark}
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Richard Sonnenfeld, Associate Professor of Physics\\
Faculty Senate Chair
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