N.M. Admin. Code § 6.50.1.9 - BOARD PROCEDURES AND GENERAL AUTHORITY
This section establishes procedures governing the board operations for conducting its business affairs and sets forth the general authority of the board.
A. The
authority's board shall be composed of a total of 11 members as provided by
Section 22-29-5 NMSA 1978. Solely for the
purposes of board membership under Section
22-29-5 NMSA 1978, the term
"participating educational entities" as used in that section is defined to mean
those educational entities that participate in the authority employee benefits
coverages or risk-related coverages or both.
B. Membership on the board shall be for a
term not to exceed three years pursuant to Section
22-29-5, NMSA 1978. Members shall
serve on the board at the pleasure of the party by which they have been
appointed and may be removed by the appointing party for any reason at any
time.
C. Alternate representatives
to the board shall not be allowed. Voting by proxy also shall not be
allowed.
D. A board member shall
assume office at the time the appointing entity files written notification of
the appointment of the board member at the office of the authority. The written
notice shall contain the name, title, business address and business and home
telephone number of the board member. A board member shall serve until written
notification of a change is filed with the authority or until the three-year
term is expired. There is no limitation as to the number of terms a board
member may serve.
E. The board
shall hold an annual meeting no later than the end of August. At the option of
the board the annual meeting may be scheduled to coincide with a regular
meeting of the board.
F. The
officers of the board shall be elected from the board membership. The officers
shall consist of a president, a vice-president, and a secretary, and shall
serve for a period of one year. An officer may be reelected to the same
position or elected to fill another position as an officer of the
board.
G. If an officer vacates
their position on the board, the next lower officer shall automatically assume
the duties of the higher officer. For example, if the presidency becomes
vacant, the vice-president shall automatically assume the title and duties of
president and the secretary shall automatically assume the title and duties of
vice-president. After due notice, a new secretary will be elected by the board.
In the alternative to the automatic progression to higher office, the board may
call a special meeting for the purpose of conducting an election of officers in
the event of any vacancy in a board office. Each of the new officers, however
selected, shall serve until election of officers at the next annual
meeting.
H. The regular meetings of
the board shall normally be held monthly, in a place to be determined as
necessary by the board. The date of any regular meeting may be changed by a
majority vote of a quorum of the board. The president or vice-president may
cancel a regularly scheduled meeting of the board by giving notice of the
cancellation in advance of any regularly scheduled meeting.
I. Robert's Rules of Order are adopted by the
board and shall be used for the conduct of all meetings to be held by the
authority. Robert's Rules of Order shall be binding in all cases where they are
not inconsistent with New Mexico statutes and rules adopted by the
authority.
J. Meetings of the board
other than regular meetings shall be called according to the following
procedures.
(1) A special meeting of the board
is a meeting other than a regular or emergency meeting and may be called by the
president, vice-president or any three board members for the specific purposes
specified in the call. The call shall be made in accordance with the Open
Meetings Act requirements, Section
10-15-1 et seq. NMSA 1978, and
board resolutions.
(2) An emergency
meeting of the board is a meeting other than a regular or special meeting and
may be called by the president, vice-president, or any two members of the board
to consider a sudden or unexpected set of circumstances affecting the authority
for which time is of the essence. The call shall be made in accordance with the
Open Meetings Act requirements, Section
10-15-1 et seq. NMSA 1978, and
board resolutions.
K. A
majority of all of the board members shall constitute a quorum for conducting
the affairs of the authority. The president of the board shall be entitled to
debate any issue and vote on any issue in the same manner as other members of
the board. The president shall be considered to be a member of the board for
purposes of a quorum. All matters will be determined by voice vote. Any member
of the board may request a roll call vote on any issue. In the event of a roll
call, it shall be in alphabetical order, by last name, with the president
voting last.
L. The board shall be
addressed according to the following procedures.
(1) An individual may speak on any item that
appears on the adopted agenda, before a final vote is taken, by notifying and
subsequently being recognized by the president or vice-president. The president
or vice-president may, at their discretion, limit the time any individual or
entity is allotted to make a presentation and the president or vice-president
may, at their discretion, limit the time allotted for any subject.
(2) A person with a matter to present to the
board shall submit the request in writing with appropriate supporting materials
six working business days in advance of a regularly scheduled meeting, 24 hours
in advance of a special meeting and five hours in advance of an emergency
meeting.
M. The board
retains and reserves unto itself all powers, rights, authority, duties and
responsibilities conferred upon and vested in it by the constitution of the
state of New Mexico and statutes, including those prescribed by Sections
22-29-1 et. seq. NMSA 1978, and
such other power and authority as may be conferred upon the board as necessary.
In the execution of those powers and duties specifically provided by law, the
board has the following general power and authority to:
(1) exercise general control and management
of the authority, third party administrators, consultants retained by the
authority and other agents, servants and employees;
(2) establish such programs, and provide such
services as it deems necessary for the proper and efficient operation of the
authority and the good of the participating entities;
(3) exercise control and management of all
authority assets and use such assets to promote authority business in such ways
as the board deems necessary and proper in accordance with law;
(4) make and adopt or amend rules and
regulations for governance of the authority by a majority of the board
membership;
(5) make and adopt or
amend substantive rules and regulations by a majority vote of the board
membership;
(6) repeal a
substantive rule of the authority by a majority vote of the board membership,
but the board has no power to suspend any substantive rule except by a
two-thirds vote of the membership of the board;
(7) make provisions for interpreting the
authority's programs for dissemination to the public and to seek the opinion
and advice of the participating entities concerning the authority's insurance
programs;
(8) work in a cooperative
manner with interested citizens in a continuous effort to improve the
authority's programs;
(9) appoint
advisory committees, including a risk advisory committee and an employee
benefits advisory committee, which are permanent standing committees of the
board, as well as ad hoc advisory committees as needed;
(10) establish an executive committee, a
permanent standing committee of the board, which shall be made up of the
president, vice-president and secretary of the board and which shall serve as
the agenda committee; and
(11) hire
an executive director and to delegate to the executive director the day-to-day
activities of the authority pursuant to board policy as developed in its open
meetings.
N. The
permanent risk advisory committee and the permanent employee benefits advisory
committee shall be chaired by members of the board or if no board member is
available, then by staff. The board shall name the advisory committee members
from authority participating entities or covered individuals assuring a balance
of large and small participating entities and a geographic balance. The board
may also name an ex-board member to serve on the advisory committees as a
voting member for a term not to exceed three years, with the option to renew
the appointment for an additional three years.
O. An ad hoc advisory committee shall be
established for a specific purpose or goal and shall be established for a
stated period of time.
P. Members
of advisory committees, including members of the loss prevention review board,
shall be appointed by the president of the board with the advice and consent of
the board and shall serve at the pleasure of the board. Minutes in compliance
with Subsection R of
6.50.1.9 NMAC shall be kept by the
authority. Advisory committee minutes shall be considered acted upon when the
board acts on the advisory committee report.
Q. The authority shall pay per diem and
mileage consistent with the Per Diem and Mileage Act, Section
10-8-1 et seq. NMSA 1978, as
amended, and the applicable department of finance and administration rules. The
per diem and mileage payments shall be limited to the following situations.
(1) Authority employees are entitled to
receive per diem and mileage for travel incurred in the normal course and scope
of their employment; provided however, that no employee shall be entitled to
receive per diem and mileage for travel outside of the state without obtaining
the board's prior approval for the travel.
(2) Authority board members are entitled to
receive per diem and mileage for travel incurred for attending all regular,
special and emergency board meetings, or any standing or ad hoc committee
meetings of the board called pursuant to the Open Meetings Act, Section
10-15-1 et seq. NMSA 1978 and the
authority's open meetings resolution. In addition, the executive committee
serving as the authority board agenda committee is entitled to receive per diem
and mileage for travel incurred as necessary to conduct the business of the
board. Authority board members shall not be entitled to receive per diem and
mileage for any other travel, inside or outside of the state, without obtaining
prior approval of the board.
(3)
Authority advisory committee members named by the board to serve on advisory
committees are entitled to receive per diem and mileage for travel incurred for
attending authority advisory committee meetings which has been scheduled in
writing by the board or by the executive director. Authority advisory committee
members shall not be entitled to receive per diem and mileage for any other
travel, inside or outside of the state, without obtaining prior approval of the
board.
R. Minutes of the
board.
(1) The authority shall keep written
minutes of all its open meetings. The minutes shall include as 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, if any, and a record,
where appropriate, of any decisions and votes taken which show how each member
voted. All minutes of meetings shall be open to public inspection at reasonable
times. Draft minutes shall be prepared within 10 working days after the
meeting. Minutes shall not become official until approved by the board. The
minutes shall be kept on file as the permanent official record of the
authority.
(2) It is the practice
of the authority staff (but not a requirement by the authority board) that
board meetings are recorded. Authority staff shall make notes of board meetings
sufficient to reflect the information required in Paragraph (1) of Subsection R
of 6.50.1.9 NMAC, and the tape
recording shall be available to the secretary, any board member or member of
the public for review with regard to the accuracy of draft minutes. However, 30
days after minutes have been adopted by the board, authority staff may dispose
of recordings.
Notes
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