10-15-1. Formation of public policy; procedures for open meetings; exceptions and procedures for closed meetings.
|A. In recognition
of the fact that a representative government is dependent upon an
informed electorate, it is declared to be public policy of this state that all persons are
entitled to the greatest possible information regarding the affair of government and the
official acts of those officers and employees who represent them. The formation of
public policy or the conduct of business by vote shall not be conducted in closed
meeting. All meetings of any public body except the legislature and the courts shall be
public meetings, and all persons so desiring shall be permitted to attend and listen to the
deliberations and proceedings. Reasonable efforts shall be made to accommodate the
use of audio and video recording devices.
|B. All meetings of a quorum of
members of any board, commission, administrative
adjudicatory body or other policymaking body of any state agency, any agency or
authority of any county, municipality, district or any political subdivision, held for the
purpose of formulating public policy, including the development of personnel policy,
rules, regulations or ordinances, discussing public business or for the purpose of taking
any action within the authority of or the delegated authority of any board, commission
or other policymaking body are declared to be public meetings open to the public at all
times, except as otherwise provided in the constitution of New Mexico or the Open
Meetings Act [this article]. No public meeting once convened that is otherwise required
to be open pursuant to the Open Meetings Act shall be closed or dissolved into small
groups or committees for the purpose of permitting the closing of the meeting.
|C. If otherwise allowed by law
or rule of the public body, a member of a public body
may participate in a meeting of the public body by means of a conference telephone or
other similar communications equipment when it is otherwise difficult or impossible for
the member to attend the meeting in person, provided that each member participating
by conference telephone can be identified when speaking, all participants are able to
hear each other at the same time and members of the public attending the meeting are
able to hear any member of the public body who speaks during the meeting.
|D. Any meetings at which the
discussion or adoption of any proposed resolution, rule,
regulation or formal action occurs and at which a majority or quorum of the body is in
attendance, and any closed meetings, shall be held only after reasonable notice to the
public. The affected body shall determine at least annually in a public meeting what
notice for a public meeting is reasonable when applied to that body. That notice shall
include broadcast stations licensed by the federal communications commission and
newspapers of general circulation that have provided a written request for such notice.
public body may recess and reconvene a meeting to a day
subsequent to that stated
in the meeting notice if, prior to recessing, the public body specifies the date, time and
place for continuation of the meeting and, immediately following the recessed meeting,
posts notice of the date, time and place for the reconvened meeting on or near the door
of the place where the original meeting was held and in at least one other location
appropriate to provide public notice of the continuation of the meeting. Only matters
appearing on the agenda of the original meeting may be discussed at the reconvened
|F. Meeting notices shall include
an agenda containing a list of specific items of business to
be discussed or transacted at the meeting or information on how the public may obtain
a copy of such an agenda. Except in the case of an emergency, the agenda shall be
available to the public at least twenty-four hours prior to the meeting. Except for
emergency matters, a public body shall take action only on items appearing on the
agenda. For purposes of this subsection, an "emergency" refers to unforeseen
circumstances that, if not addressed immediately by the public body, will likely result in
injury or damage to persons or property or substantial financial loss to the public body.
G.The board, commission or other policymaking body shall keep written minutes of all
its meetings. The minutes shall include, at a minimum, the date, time and place of
the meeting, the names of members in attendance and those absent, the
substance of the proposals considered and a record of any decisions and votes
taken that show how each member voted. All minutes are open to public
inspection. Draft minutes shall be prepared within ten working days after the
meeting and shall be approved, amended or disapproved at the next meeting
where a quorum is present. Minutes shall not become official until approved
by the policymaking body.
H. The provisions of Subsections A, B and G of this section do not apply to:
I. If any meeting is closed
pursuant to the exclusions contained in Subsection H of this
completion of any closed meeting, the minutes of the open meeting that
History: 1953 Comp., § 5-6-23, enacted by Laws 1974, ch. 91, § 1; 1979, ch. 366, § 1; 1989, ch. 299, § 1; 1993, ch. 262, § 1; 1997, ch. 190, § 65.
|10-15-1.1. Short Title.|
|Chapter 10, Article 15 NMSA 1978 may
be cited as the "Open Meetings Act".
History: 1978 Comp., § 10-15-1.1, enacted by Laws 1979, ch. 366, § 2; 1989, ch. 299, § 2.
|10-15-2. State legislature; meetings.|
A. All meetings of a quorum
of members of any committee or policymaking body of the
History: 1953 Comp., § 5-6-24, enacted by Laws 1974, ch. 91, § 2.
|10-15-3. Invalid actions; standing.|
A. No resolution, rule, regulation,
ordinance or action of any board, commission,
B. All provisions of the Open
Meetings Act [this article] shall be enforced by the attorney
C. The district courts of this
state shall have jurisdiction, upon the application of any
D. No section of the Open Meetings
Act shall be construed to preclude other remedies
History: 1953 Comp., § 5-6-25, enacted by Laws 1974, ch. 91, § 3; 1989, ch. 299, § 3; 1993, ch. 262, § 2; 1997, ch. 148, § 1.
|Any person violating any of the provisions
of Section 10-15-1 or 10-15-2 NMSA 1978 is guilty of a misdemeanor and upon
conviction shall be punished by a fine of not more than five hundred dollars
($500) for each offense.
History: 1953 Comp., § 5-6-26, enacted by Laws 1974, ch. 91, § 4; 1989, ch. 299, § 4.