N.M. Admin. Code § 1.12.2.12 - MEETINGS

A. Regular meetings. The chairperson shall call a regular meeting of the commission not less often than semiannually. The office shall provide notice to the public of the date, time, and place of regular meetings by publication once in a newspaper of general circulation in the state at least ten (10) calendar days in advance of the meeting. The commission may not take action on, but may discuss, any item not specifically on the agenda.

B. Special meetings. The chairperson or a majority of the voting members of the commission may call a special meeting to consider urgent matters that do not qualify as an emergency. The Office shall provide notice to the public of the time, date, and place of special meetings by telephone to newspapers of general circulation in the state and by posting on the internet and at the office at least three (3) calendar days in advance of the meeting. The commission may discuss at a special meeting only those items specifically on the agenda.

C. Emergency meetings. The chairperson or a majority of the voting members of the commission may call an emergency meeting only when unforeseen circumstances demand immediate action to protect the health, safety and property of citizens or to protect the commission and the office from substantial financial loss. The office shall provide notice to the public of the time, date, and place of emergency meetings by telephone to newspapers of general circulation in the state and by posting on the internet and at the office at least twenty-four (24) hours in advance of the meeting, unless threat of personal injury or property damage require less notice. The commission may discuss at an emergency meeting only those items specifically on the agenda.

D. Notice. All notices shall:

(1) include information on how the public may obtain a copy of the agenda;

(2) include the following language: "If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or other form of auxiliary aid or service to attend or participate in the meeting, please contact the information technology management office at 476-0400 at least one week prior to the meeting, or as soon as possible. Public documents, including the agenda and minutes can be provided in various accessible formats by contacting the information technology management office at 476-0400.";

(3) be posted on the internet;

(4) be posted at the information technology management office; and

(5) be provided to broadcast stations licensed by the federal communications commission and newspapers of general circulation which have filed with the office a written request for notice of public meetings.

E. Waiver of notice to voting members. Whenever any notice is required to be given to a voting member, a written waiver of notice signed by the voting member entitled to the notice is equivalent to the giving of timely notice. The attendance of a voting member at a meeting shall constitute waiver of notice of the meeting except when the voting member's attendance is for the sole purpose of objecting that the meeting is not lawfully called or convened.

F. Materials for review. At least five (5) calendar days before a regular meeting or as soon as practicable, the office shall provide to the commission copies of draft reports, proposed rules or guidelines, and other documents to be discussed or voted on at the meeting.

G. Participation methods. A member may participate in commission meetings in person or, if it is difficult or impossible for the member to attend in person, by any means of communication which permits all members participating in the meeting to hear each other at the same time and members of the public attending the meeting to hear any commission member who speaks during the meeting.

H. Quorum. A majority of the thirteen (13) voting members shall constitute a quorum. The commission shall not take any official action without a quorum present.

I. Voting. Only voting members may vote on official matters before the commission. A majority of a quorum of the voting members must vote in the affirmative for an action to be taken; a tie vote shall be deemed a negative vote.

J. Agenda. Any person may request the chairperson to place an item on the agenda or an item may be placed on the agenda by a majority of the voting members. The office shall prepare the agenda in consultation with the chairperson and make it available to the public and the commission at least twenty-four (24) hours prior to the meeting.

K. Closure of meetings. The commission may close a meeting to the public only to discuss matters exempted from the open meeting requirement by NMSA 1978 Section 10-15-1(H).

(1) The commission may close an open meeting by a majority vote of a quorum taken during the open meeting. The motion for closure shall state with reasonable specificity the subject to be discussed and the provision of law authorizing the closed meeting. The vote of each voting member on the motion for closure shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in the closed portion of the meeting.

(2) The commission may hold a separately scheduled closed meeting only if an appropriate notice of closure, stating with reasonable specificity the subject to be discussed and the provision of law authorizing the closed meeting, is given to the members and the general public.

(3) The minutes of an open meeting that was closed, or the minutes of the next open meeting held after a separately scheduled closed meeting, shall state that the discussions in the closed meeting were limited to those matters specified in the motion for closure or notice of closure.

(4) Except as provided in NMSA 1978 Section 10-15-1(H), the commission shall vote in an open meeting on any action taken as a result of discussions in a closed meeting.

L. Meeting procedures. The commission shall conduct its meetings in accordance with Robert's Rules of Order, Newly Revised, except that this rule shall govern in the event of a conflict between this rule and Robert's Rules of Order.

Notes

N.M. Admin. Code § 1.12.2.12

2-1-00; Recompiled 11/30/01