OPEN MEETINGS ACT

1 OPEN MEETINGS ACT Office of the Attorney General State of New Mexico i THE OPEN MEETINGS ACT NMSA 1978, Chapter 10, Article 15 A Compliance Guide for New Mexico Public Officials and Citizens HECTOR BALDERAS Attorney General This eighth edition of the Compliance Guide updates the 2010 edition, primarily to reflect a legislative amendment enacted in 2013 that requires a public body to make the agenda of a regular or special meeting available to the public at least 72 hours in advance of the meeting, and to post meeting agendas on a public body s website if one is maintained.

2 Eighth Edition 2015 Office of the Attorney General State of New Mexico ii Our Mission Our mission at the New Mexico Department of Justice is to serve and protect the citizens of New Mexico by honorably carrying out the statutory responsibilities of the Attorney General. Our Vision Our mission is to seek, strengthen and empower partnerships with and among citizens, community and government agencies, law enforcement, and businesses in order to make our community a safer and more prosperous place to live.

3 We must enforce the laws of New Mexico fairly and uniformly to ensure New Mexicans receive justice and equal protection under the law. I am pleased to report that we are working hard to make changes necessary to serve and protect the State of New Mexico. I grew up facing many of the hardships that New Mexicans experience every day. It is that shared experience that motivates me to be a fierce advocate and a voice for our communities. My outreach efforts will support long-term goals of improving transparency in government and empowering the citizens of New Mexico.

4 The Open MEETINGS Act, NMSA 1978, Sections 10-15-1 to 10-15-4, is known as a sunshine law. Sunshine laws generally require that public business be conducted in full public view, that the actions of public bodies be taken openly, and that the deliberations of public bodies be open to the public. Like you, I strongly support open government, particularly MEETINGS held by public officials to discuss public business. Public access to the proceedings and decision-making processes of governmental boards, agencies and commissions is an essential element of a properly functioning democracy.

5 As Attorney General, I am charged by law with the responsibility to enforce the provisions of the New Mexico Open MEETINGS Act. The publication of this Guide is one of the ways to fulfill my office responsibilities as an effective resource for policymakers and the public in order to promote compliance. HECTOR BALDERAS Attorney General of New Mexico 2015 Office of the Attorney General State of New Mexico iii Table of Contents I. 1 II. Open MEETINGS 2 III. Section 10-15-1. Formation of Public A.

6 State Policy on Open B. Public MEETINGS Subject to the 7 1. Rolling 7 2. Policymaking 8 C. Telephone D. Notice E. Reconvened F. 1. Seventy-Two Hour 2. Action on Agenda 3. Specific Agenda G. H. 19 1. 2. Limited Personnel Matters ..21 3. Administrative Adjudicatory 4. Personally Identifiable Student 5. Collective 6. Certain 26 7. 28 8. Real Property and Water 29 9. Public Hospital Board 30 10. Gaming Control Board 30 I.

7 Closed 31 1. Closing an Open 31 2. Closed Meeting Outside an Open 32 J. Statement Regarding Closed 34 IV. Section 10-15-2. State Legislature; 35 A. MEETINGS of Committees and Policymaking Bodies of the 35 B. 36 C. Definition of Meeting ..37 V. Section 10-15-3. Invalid Actions; A. Invalid B. 38 C. District Court 42 D. Other 43 VI. Section 10-15-4. Criminal 44 Compliance 45 Office of the Attorney General State of New Mexico 1 I. Introduction The Open MEETINGS Act, NMSA 1978, Sections 10-15-1 to 10-15-4, is known as a sunshine law.

8 All states have such laws, which are essentially motivated by the belief that the democratic ideal is best served by a well-informed public. Sunshine laws generally require that public business be conducted in full public view, that the actions of public bodies be taken openly, and that the deliberations of public bodies be open to the public. The Attorney General is authorized by Section 10-15-3(B) of the Act to enforce its provisions.

9 Accordingly, this Compliance ( Guide ) has been prepared by the Attorney General to provide assistance in the application of the provisions of the Act to all boards and commissions of the state, counties, municipalities, school districts, conservation districts, irrigation districts, housing authorities, councils of government and other public bodies that are responsible to the public and subject to the Act.

10 It should be noted that many of the issues discussed in this Guide have not been the subjects of judicial interpretation. By necessity, therefore, the Guide in most respects represents the views of the Attorney General. Although the Attorney General believes the construction of the Open MEETINGS Act reflected in this Compliance Guide is correct, it is always possible that a court faced with the same issues would disagree with the Attorney General s interpretation.