N.M. Admin. Code § 10.40.1.8

Current through Register Vol. 35, No. 17, September 10, 2024

Section 10.40.1.8 - DUTIES OF THE COMMISSION BOARD

A. The commission board shall annually elect from its membership a chairman and vice chairman. The vice chairman shall act as chairman if the chairman is absent.

B. A majority of the members of the commission board shall constitute a quorum for the conduct of commission business. The transaction of commission business shall be by majority vote of members present at the meeting.

C. The commission board shall annually adopt an open meetings resolution in compliance with the New Mexico Open Meetings Act.

D. The commission board shall adhere to the following when entering executive session for the purpose of discussing claims:

(1) A motion shall be made to enter executive session for the purpose of discussing claims which contain confidential medical and police information.

(2) The motion is to be seconded.

(3) The chairman shall request that the secretary poll the members.

(4) The secretary shall poll each member individually and record their vote.

(5) If the motion passes, the chairman will announce that the board is in closed session and ask visitors to leave and secure the doors.

E. The commission board shall adopt a code of conduct pursuant to Section 10-16-11 NMSA 1978. The code of conduct shall be reviewed annually by the commission board to determine whether any amendments should be made thereto.

F. The commission board shall hire a director, and other staff as required, pursuant to Section 31-22-4 NMSA 1978. The commission board shall set the salary of each staff member in compliance with all applicable laws and regulations of the state of New Mexico.

G. If prior to the commencement of a commission board meeting, the chairman learns that a quorum of the members of the commission board will not be able to attend the meeting, the chairman may cancel the meeting. In this event, the director is instructed to attempt to give notice of the cancellation of the meeting to all commissioners, interested citizens known to the director, and the entities entitled to notice of meetings under the commission board's open meetings resolution.

H. In the event a question as to the proper method of procedure arises during any meeting, the chairman is vested with authority to resolve such question, and his decision shall be final.

I. Meetings shall be called to order and business of the meeting conducted by the chairman of the commission board, or in his absence, the vice chairman. Should both the chairman and the vice chairman be absent from the meeting, if a quorum is present, the commission board shall designate one of its members to assume the responsibilities of the chairman for that meeting.

J. The director is responsible for the preparation of the minutes of the commission board meetings. The minutes of each commission board meeting shall contain the name of each commission board member present at the meeting, the names of all other individuals in attendance at the meeting, a general description of the subject matter of the items discussed by the commission board, the wording of all motions before the commission board and the votes of the commission board on every item of business dispensed with by vote. The director and his staff shall compile the minutes of the meeting. The approved minutes of the meeting shall constitute the official record of business transacted at the meeting. The approved minutes of each board meeting shall be kept in the commission office and shall be available for public inspection during normal working hours.

K. If a member is absent from four consecutive meetings, or from six out of any twelve consecutive meetings, the commission board shall recommend to the governor that such member be removed and replaced. However, such member may file a request with the commission board, at or before the next regular meeting following the fourth consecutive absence or sixth absence out of twelve consecutive meetings, setting forth the reasons for the absences and requesting that the recommendation not be made. The commission board by vote with all commissioners in attendance participating, may choose to grant the request.

L. The commission board shall hold no fewer than ten meetings during each fiscal year.

M. The chain of command between the chairman, members of the commission board, director and staff shall be as follows:

(1)

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(2) The director will report to the chairman who, in turn, will keep the commission board members informed. Any questions the commission board members have of the director or staff shall be directed to the chairman who in turn will contact the director. Staff questions will be directed to the director who will then contact the chairman. The only exception to this policy will be the discussion of applications which will be between the assigned commission board member of a case and the assigned investigator of that case.

N.M. Admin. Code § 10.40.1.8

1/20/89, 11/7/91, 3/14/98; Recompiled 11/30/01