By Lynn Janes

On July 21, 2025, the board of regents held a virtual special meeting at Western New Mexico University. The board consisted of Steven Neville, chair, Joseph "Dean" Reed, John Wertheim and WNMU student Keana Huerta (attended in person). Dr. Chris Maples, interim president, also attended online

The board approved the agenda.

Neville addressed the next item on the agenda to approve an attorney employment arrangement. He deferred to Wertheim to explain the reason.

Wertheim said he would be recommending that the board approve a contract that has been drawn up with the firm of Ortiz and Zamora in Santa Fe to be a professional service contract. They will be acting as a special counsel and advising on various legal matters arising from the Department of Justice. He said: "This has to do with the attorney general office's litigation against former President Joe Shepard and recently filed by the ethics commission."

The new board of regents has been substituted into that piece of litigation in a nominal capacity. This would not be unusual and had been expected. He had spoken at a prior meeting and disclosed this information. Wertheim's goal has been to have all these disputes from before the new board came on into a mediated negotiation, maybe with a retired judge or retired justice of the supreme court of New Mexico. He wanted to be transparent that he wants to see a settlement that would allow Western New Mexico University to go forward with a clean slate.

Wertheim said he could not represent the board as a lawyer, but a sounding board will be needed especially in negotiations. This would require Shepard's involvement. Shepard had called Wertheim, and he floated this idea to him. He wanted everyone to know they had not been acquainted before this call. Shepard had been accepting of the idea. He had told Shepard any discussion with him would not be confidential.

The hiring of Ortiz and Zamora would help with these negotiations. The university has a law firm Wertheim said is more than qualified and will continue to represent the university. For this special project of limited duration he recommended Ortiz and Zamora for counsel.

Wertheim said, "Probably it is best that I do not make the actual motion, although I'm recommending it because I do want to do a disclosure under the Governmental Conduct Act, Mr. Chairman, and I will be voting on this contract. I want to be very clear and disclose to the public that I'm a co-counsel with Geno Zamora with Ortiz and Zamora on a couple of cases, and that could lead in the future to the Ortiz and Zamora law firm and myself sharing legal fees, but that is not the case right now. But if we were to recover in these pending litigations that we have going, it is a possibility that we would share attorney's fees. Now, under the Government Conduct Act, if a contract is given in this case, this little special counsel contract with the primary purpose of directly enhancing a public officer's financial position, I would have to recuse." He did not see that happening.

He viewed it as his duty as a board member to not recuse himself to vote on this contract, but he wanted to make the disclosures.

Neville wanted to add that Ortiz and Zamora had the lowest hourly rate. Not the reason for choosing them but an important factor. The board approved the acceptance of Ortiz and Zamora for special counsel to the Board of Regents.

Neville wanted to add that the search firm hired to help find the person for the permanent president position would hold town halls when the public and various interest groups could provide information on the type of president they want and the qualifications.

Dr. Jack Crocker, interim president, said Anthem would be here locally on July 29 and 30, 2025. Anthem will also be taking comments in an online survey

Reed wanted to introduce Maples and welcome him. He will officially start on July 29, 2025. Maples said, "I am delighted and look forward to being on campus full time."

Meeting adjourned.