A. A majority of the local board of education or the combined boards of education acting as a single board may cease to operate as the branch community college board and provide for an elected branch community college board. In that event, the majority of the local board of education or the combined boards of education acting as a single board shall elect five persons as members of the branch community college board. Board members shall be qualified electors and residents of the branch community college district. The members of the board shall continue to serve until the next regular local election, at which time five board members shall be elected by the qualified electors of the branch community college district. The candidates shall file for and be elected to a particular position number. At the first board meeting after the election, the five members shall draw lots for the following terms: two for terms of two years and three for terms of four years. Thereafter, board members shall be elected for terms of four years. All vacancies caused in any other manner than by the expiration of the term of office shall be filled by appointment by the remaining members.

B. Immediately after the election of the five members by the assembled board of education members, the board shall select from its members a chair and secretary who shall serve in these offices until the next regular local election. In January after each regular local election, the members shall proceed to reorganize.

C. The duties of the board shall continue as set out in Chapter 21, Article 14 NMSA 1978.

History: 1978 Comp., § 21-14-2.1, enacted by Laws 1985, ch. 238, § 29; 2019, ch. 212, § 218.

Temporary provisions. — Laws 2019, ch. 212, § 278 provided that:

A. The term of a branch community college district, special hospital district, solid waste authority district, lower Rio Grande public water works authority or watershed district board member that was set to expire on or before June 30, 2020 shall expire on December 31, 2019, and that member's successor shall be elected in the regular local election held on the first Tuesday after the first Monday of November 2019 for a term beginning on January 1, 2020.

B. The term of a branch community college district, special hospital district, solid waste authority district, lower Rio Grande public water works authority or watershed district board member that was set to expire on or after July 1, 2020 but on or before June 30, 2022 shall expire on December 31, 2021, and that member's successor shall be elected in the local election held on the first Tuesday after the first Monday of November 2021 for a term beginning on January 1, 2022.

C. The term of a special hospital district or watershed district board member that was set to expire on or after July 1, 2022 shall expire on December 31, 2023, and that member's successor shall be elected in the local election held on the first Tuesday after the first Monday of November 2023 for a term beginning on January 1, 2024.

The 2019 amendment, effective April 3, 2019, revised the procedures for electing branch community college board members; in Subsection A, after the third occurrence of "branch community college board", deleted "The persons elected shall be assigned position numbers one through five.", after "Board members shall be", deleted "over twenty-one years of age", after "regular local election", deleted "to be held on the first Tuesday of February of each odd-numbered year", after "particular position number.", deleted "The candidate receiving the highest number of votes for a particular position shall be elected.", and after "terms of four years", deleted "from March 1 succeeding their election"; and in Subsection B, after "next regular", deleted "branch community college board" and added "local", and after "regular local election.", added "In January".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 10, 11.

14A C.J.S. Colleges and Universities §§ 15 to 17.