N.M. Admin. Code § 18.61.3.16

Current through Register Vol. 35, No. 21, November 5, 2024

Section 18.61.3.16 - MEETINGS

A. Open meetings. Meetings of the board shall be open and public, except as allowed by law, and unless otherwise provided, shall be conducted in accordance with Robert's Rules of Order. All meetings of the board and its committees shall be conducted in accordance with the "Open Meetings Act," Sections 10-15-1, et seq. NMSA 1978. Members of the public shall be permitted to attend any portion of a meeting, except a closed session. A quorum is established when a simple majority of the membership is in attendance, physically, telephonically or by videoconference, as permitted by law. Board actions shall be approved on a majority vote of the quorum present at the meeting.

B. The board shall maintain written minutes of all meetings of the authority and maintain other appropriate records, including financial transaction records in compliance with law and adequate to provide an accurate record for audit purposes pursuant to the Audit Act.

C. Regular meetings. The board shall meet at the call of the chairperson in regular session at least once every three months. Such regular meetings shall comply with the procedural requirements of the Open Meetings Act, Subsections D and F of Sections 10-15-1 NMSA 1978, including reasonable advance notice of not less than 10 days that informs the public of the meeting time, place and date, published or posted in a place and manner accessible to the public (main office or on website) and a final agenda shall be posted 72 hours prior to the meeting (inclusive of any weekend or holidays) on the Governance page of Spaceport America's website at https://www.spaceportamerica.com/governance/. Notice requirements are met if notice of the date, time, place and agenda is provided by telephone to newspapers of general circulation in the state and posted in the offices of Spaceport America. Telephone notice also shall be given to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation that have made a written request for notice of public meetings.

D. Special meetings. Special meetings may be called to discuss important topics that should not wait until a regular meeting, or for topics that, for good reason, could occupy an entire meeting. If the need for such a meeting arises outside a regularly scheduled meeting, the board chair may schedule a meeting on reasonable advance notice of not less than three days which shall include an agenda for the meeting, or information on how the public may obtain a copy of the agenda. Aside from the timeframe, the same notice procedures for regular meetings apply to special meetings.

E. Emergency meetings. Emergency meetings will be called only under unforeseen circumstances that demand immediate action to protect the health, safety and property of citizens or to protect the authority from substantial financial loss. The board will avoid emergency meetings whenever possible. Emergency meetings may be called by the chairperson or a majority of the board members with 24 hours prior notice, unless threat of personal injury or property damage requires less notice. The notice for all emergency meetings shall include an agenda for the meeting or information on how the public may obtain a copy of the agenda. Within 10 days after taking action on an emergency matter, the board chairperson will notify the attorney general's office. For the purposes of emergency meetings, notice requirements are met if notice of the date, time, place and agenda is provided by telephone to newspapers of general circulation in the state and posted in the offices of Spaceport America. Telephone notice also shall be given to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation that have made a written request for notice of public meetings.

F. Prohibited meetings. A quorum of the board shall not discuss the business of the authority directly, serially, or through an intermediary, except at a properly noticed public meeting in compliance with the Open Meetings Act. Less than a quorum of the board (but not a standing committee) may discuss authority business, including the time, place, and agenda for a meeting, at any time.

G. Closed meetings. The board may close a meeting to the public only if the subject matter of such discussion or action is excepted from the open meeting requirement under Subsection H of Sections 10-15-1 NMSA 1978 of the Open Meetings Act.

(1) If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the board taken during the open meeting. The authority for the closed meeting and the subjects to be discussed shall be stated with reasonable specificity in the motion to close and the vote of each individual member on the motion to close shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in the closed meeting.

(2) If a closed meeting is conducted when the board is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstances, stating the specific provision of law authorizing the closed meeting and the subjects to be discussed with reasonable specificity, is given to the members and to the general public.

(3) Following completion of any closed meeting, the minutes of the open meeting that was closed, or the minutes of the next open meeting if the closed meeting was separately scheduled, shall state whether the matters discussed in the closed meeting were limited only to those specified in the motion or notice for closure.

(4) Except as provided in Subsection H of Sections 10-15-1 NMSA 1978 of the Open Meetings Act, any action taken as a result of discussions in a closed meeting shall be made by vote of the board in an open public meeting.

N.M. Admin. Code § 18.61.3.16

Adopted by New Mexico Register, Volume XXXIV, Issue 14, July 31, 2023, eff. 7/31/2023