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Regents make changes to UNM counsel policy

by Jeremy Hunt

Daily Lobo

The University won't back down in lawsuits as a new policy requires UNM to avoid financial settlements.

"Any exception to this policy requires a comprehensive risk assessment of the case and written approval by the president of the University before entering into such an agreement," the policy states.

The Board of Regents approved policy changes at its Thursday meeting for the way University Counsel works. The changes aim to increase fiscal control, President David Schmidly said.

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Schmidly said the president and CEO needed to be included in the policies.

He said there may be more policy changes to come.

"We agreed when I became president we would review policies," he said.

Avoiding financial settlements is a new policy, but the University had already been doing it, said Patrick Apodaca, a lawyer for UNM.

"This policy essentially states as a policy what we have been trying to do at least since I've assumed responsibility at University Counsel," he said.

The new policy also requires the regents to approve any settlements of $200,000 or more. Apodaca said he did not know how much money UNM paid in settlements last year.

Another change gives the president control over parts of the University that seek outside legal counsel.

"No component of the University may retain or employ outside counsel except with the prior approval of the president of the University," it states.

UNM spent $1.7 million on outside legal counsel in the last fiscal year, UNM spokeswoman Susan McKinsey said.

The previous policy required approval from University Counsel. The president must also approve a contract for legal services, which was also previously the counsel's responsibility.

The previous policy stated it shall not apply if University Counsel determines it has a conflict of interest in a

particular case.

The new policy has no restrictions on the president regarding conflicts of interest, but Apodaca said it's not necessary.

"That would still happen with or without that statement in the policy," he said. "Any decision of a University official is subject to questions of conflict of

interest."

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