SILVER CITY, N.M. (KRQE) — New Mexico Attorney General Raúl Torrez filed an emergency motion in court on Monday to stop Western New Mexico University (WNMU) from paying a nearly $2 million dollar severance payment to departing President Dr. Joseph Shepard. "I can't think of a time when somebody has been under sort of this kind of cloud and there have been pending investigations, and the response has been to hand that person a two million dollar golden parachute," Torrez said. Torrez requested that the court grant a temporary restraining order to stop the payment, stating in part that it is "an egregious misuse of public funds." The New Mexico Department of Justice placed the blame on the five-member board of regents, arguing the board acted "contrary to its fiduciary duty to the university, pledged public funds for a severance payment that is not supported by an employment contract, is not accompanied by legitimate consideration to the State, and is unconscionable as a violation of public policy and the public interest.”  "One of the more concerning aspects is the timing of the deal itself was scheduled very late, right before the winter break at the university, with very little public oversight, public input. The negotiations took place, as I understand it, by a subcommittee of the Board of Regents, and there's just been very little information about how the board could justify making a payment that is this large," Torrez explained. The NMDOJ claims the $1,909,788 severance payment to Shepard would be more than three times what he would have received had he been terminated under the provisions of his existing contract. "Dr. Shepard voluntarily resigned, and the Board had ample opportunity to negotiate a reasonable or no-cost separation agreement. Instead, they chose to pledge nearly $2 million in taxpayer money without justification or consideration of the public good," Torrez stated in a news release. Story continues below Trending: Criticisms mount over proposed Albuquerque housing bill News: Video: Driver of car strikes two police cruisers, history of crashing into police Business: Marble Brewery announces new owners The NMDOJ argued the temporary restraining order is necessary to prevent the board from disbursing the severance payment before a full evidentiary hearing on the state’s application for preliminary injunction.  "There's simply too many outstanding questions about how this deal was negotiated, who was involved, and frankly, how that decision was made," Torrez said. The department also requested that the court hold a hearing before January 15th, the deadline for the payment as stipulated in Shepard's separation agreement, or issue a stop order until the hearing can be scheduled.  Lastly, the DOJ asked the court to enjoin the board, prohibiting them from disbursing the payment until a special audit requested by WNMU, the board, and Shepard is complete and the report is made available.  "We wanted to do it in a way that we could safeguard these public funds because they should be used for the benefit of students at Western," Torrez explained. Shepard's resignation is set for Jan. 14 and came after allegations of improper spending at the school surfaced. A state audit revealed that WNMU spent more than $200,000 on travel and lodging from July 2018 to June 2023. The audit also found credit card spending totaling more than $145,000, which included furnishings for the president’s residence. Shepard disputed the audit’s finding and told the regents that media coverage of the school’s financial matters has been a distraction to its accomplishments under his leadership. Last week, the Associated Press reported that Gov. Michelle Lujan Grisham asked for the immediate resignation of the regents at WNMU due to the audit's findings. KRQE News 13 reached out to Western New Mexico University for comment; we are waiting to hear back.