Current through Register Vol. 35, No. 18, September 24, 2024
A.
WHEREAS, Section 10-15-1(B) of the Open Meetings Act (Sections
10-15-1
through
10-15-4 NMSA
1978) states that, except as may be otherwise provided in the Constitution or
the provisions of the Open Meetings Act, all meetings of a quorum of members of
any board, commission or other policy-making body of any state agency held for
the purpose of formulating public policy, discussing public business or for the
purpose of taking any action within the authority of or the delegated authority
of such board, commission or other policy-making body. Are declared to be
public meetings open to the public at all times; and
B. WHEREAS, any meeting subject to the Open
Meetings Act at which the discussion or adoption of any proposed resolution,
rule, regulation or formal action occurs shall be held only after reasonable
notice to the public; and
C.
WHEREAS, Section 10-15-1(C) of the Open Meetings Act requires the venture
capital investment advisory committee (the "committee") to determine annually
what constitutes reasonable notice of its public meetings;
D. NOW, THEREFORE, BE IT RESOLVED by the
committee on this 25th day of October 1990, that: The committee ordinarily
shall hold meetings as exigencies may demand. The following shall constitute
reasonable public notice of the committee's meetings.
(1)
REGULAR MEETINGS:
(a) At each regular meeting of the committee,
the committee shall announce the proposed date, time and place of its next
regular meeting. At least 10 days before a regular meeting is held the
committee shall also distribute, in the following manner, a written notice
listing the time, date, and place of the meeting, and a date upon which copies
of the proposed agenda will be available upon request at the state investment
office:
(b) The committee will
deliver copies of the notice to the governor's press boxes for distribution to
the news media; and
(c) The
committee will mail copies of the notice to those broadcast stations licensed
by the federal communications commission and newspapers of general circulation
and to other entities and persons which have made written request of the
committee for notice of public meetings.
(2)
SPECIAL MEETINGS: The
chairman may call a special meeting upon at least 72 hours notice.
(a) If a special meeting is called seven (7)
or more days in advance of the date of the special meeting, notice will be
given at least seven days in advance by the means specified above for a regular
meeting.
(b) If a special meeting
is called less than seven (7) days before it is to be held, notice of the
special meeting will be given in the manner provided below for emergency
meetings.
(3)
EMERGENCY MEETINGS:(a) Emergency
meetings may be called upon at least eight (8) hours notice. An emergency
meeting may be called by the chairman under those circumstances in which the
committee must take expeditious action because a situation exists which may be
considered dangerous to the health, safety or welfare of the public or may
cause irreparable loss if immediate action is not taken.
(b) Notice of an emergency meeting shall be
met by posting notice in the committee's office. The committee shall also
provide telephonic notice to those broadcast stations licensed by the federal
communications commission and newspapers of general circulation that have made
a written request of the committee for notice of public meetings.
(4)
CLOSED MEETINGS:
Pursuant to Section 10-15-1(E) NMSA 1978, the committee may close a meeting to
the public if the subject matter of such discussion or action is included in
Subsection E of the Open Meetings Act, Section
10-15-1
NMSA 1978. If any committee meeting is closed pursuant to Section 10-15-1(E)
NMSA 1978, such closure:
(a) if made in an
open meeting, shall be approved by a majority vote of a quorum of the committee
and authority for the closure shall be stated in the motion calling for the
vote on a closed meeting. The vote on a closed meeting shall be taken in an
open meeting and the vote of each individual member is to be recorded in the
minutes. Only those subjects announced or voted upon prior to closure by the
committee may be discussed in a closed meeting; and
(b) if called for when the committee 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 is given to the members and to the general
public.
