Following his resignation due to allegations of improper spending, the former president of Western New Mexico University, Joseph Shepard, has argued against a request to stop him from using his nearly $2 million severance payout.
The hearing took place on Monday after New Mexico Attorney General Raúl Torrez sought a temporary restraining order to prevent Shepard from accessing the severance funds until legal questions regarding the payout are resolved.
Shepard stepped down last month after an investigation into his spending on travel and furniture for his university residence. The WNMU Board of Regents had guaranteed him a $2 million severance package, which has already been paid. In addition to the severance, he was offered a new contract as a full-time faculty member in WNMU’s business school. The Attorney General has opened an investigation into whether the regents violated their responsibilities to the university by negotiating this deal.
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Torrez argued that the funds should be withheld until it is determined if Shepard is entitled to them, citing concerns about the deal’s negotiation and who was involved.
Shepard’s attorneys responded on Monday, claiming the court has no authority to prevent Shepard from spending money that is legally his and pointed out that the state presented no evidence suggesting he would be unable to return the funds if necessary.
While the state contended that the restraining order is necessary to protect public funds amid the allegations of misused money, the judge ruled that there was insufficient evidence to justify blocking Shepard from using the payout at this time. However, the judge left the door open for further action should the state present additional evidence.
Shepard’s final day as president of WNMU is Tuesday.
