New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 61 - SPACEPORTS › Part 3 - SPACEPORT AUTHORITY BOARD OF DIRECTORS BYLAWS › Section 18.61.3.16 - MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
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.