New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 60 - INVESTMENT AND DEPOSIT OF PUBLIC FUNDS › Part 13 - OPEN MEETINGS RESOLUTION › Section 2.60.13.8 - MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Whereas, Section 10-15-1(D) of the Open Meetings Act requires
				  the New Mexico state investment council to determine annually what constitutes
				  reasonable notice of its public meetings. Now, therefore, be it resolved by the
				  New Mexico state investment council that:
A. Notice to the public of all regular
				meetings will be given at least ten (10) calendar days in advance of the
				meeting date. The notice shall include information on how the public may obtain
				a copy of the agenda. The agenda shall be available to the public at least
				twenty-four (24) hours prior to the regular meeting from the state investment
				office, whose office is located at 2055 South Pacheco Street, Suite 100, in
				Santa Fe, New Mexico.
B. Meetings
				of the board may be recessed and continued to a subsequent day if the board
				specifies the date, time and place for continuation of the meeting and posts a
				notice of the date, time and place for the reconvened meeting on or near the
				door of the place where the original meeting was held and in at least one other
				location appropriate to provide public notice of the continuation of the
				meeting.
C. Special meetings may be
				called by the chair or a majority of the members of the council upon three (3)
				days notice. The notice for all special meetings shall include the agenda or
				information on how the public may obtain a copy of the agenda. The agenda shall
				be available to the public at least twenty-four (24) hours before the special
				meeting.
D. Emergency meetings will
				be called only under unforeseen circumstances, which demand immediate action to
				protect the health, safety or property of citizens or to protect the public
				body from substantial financial loss. The council will avoid emergency meetings
				whenever possible. Emergency meetings may be called by the chair or a majority
				of the members upon twenty-four (24) hours notice, unless threat of personal
				injury, substantial financial loss, property damage requires less notice.
				Notice shall include an agenda or information on how the public may obtain a
				copy of the agenda.
E. For the
				purposes of regular meetings described in 8.1 [now Subsection A of 2.60.13.8
				NMAC] of this resolution, notice requirements to the public are met if notice
				of the date, time, place and general subject matter is placed in a newspaper of
				general circulation in the state. The New Mexico state investment council shall
				also disseminate copies of the written notice to those broadcast stations and
				newspapers, which have made written requests for notice of public
				meetings.
F. For the purposes of
				special and emergency meetings described in paragraphs 6.3 and 6.4 [now
				Subsections C and D of 2.60.13.8 NMAC] of this resolution, notice requirements
				shall be met if notice of the date, time place and general subject matter to be
				discussed at the meeting is provided by telephone to newspapers of general
				circulation in the state and posted at the state investment office, whose
				office is located at 2055 South Pacheco Street in Santa Fe, New Mexico.
				Telephone notice also shall be given to those broadcast stations licensed by
				federal communications commission and newspapers of general circulation that
				have made a written request for notice of public meetings.
G. Further, all notices, shall include
				language to the following effect: Individuals with disabilities in need of a
				reader, amplifier, sign language interpreter, or other form of auxiliary aid or
				service to attend or participate in the meeting, please contact the state
				investment office at 424-2500 at least one week prior to the meeting, or as
				soon thereafter as possible. Individuals with disabilities who need documents
				such as agendas or minutes, in an accessible format also should contact the
				state investment office at 424-2500.
H. If it is otherwise difficult or impossible
				for a member of the New Mexico state investment council to attend a regular,
				emergency or special meeting in person and if necessary to achieve a quorum at
				such a meeting, member (s) may participate in a meeting by means of a
				conference telephone or other similar communications equipment, provided that
				each member participating by conference telephone can be identified when
				speaking, all participants are able to hear each other at the same time and
				members of the public attending the meeting are able to hear any member who
				speaks during the meeting.
I. The
				New Mexico state investment council may close a meeting to the public only if
				the subject matter of such discussion or action is exempted from the open
				meeting requirement under Section 10-15-1(H) of the Open Meetings Act.
(1) Closure shall be approved by a majority
				vote of a quorum of the New Mexico state investment council taken during the
				open meeting. The authority for the closure and the subjects to be discussed
				shall be stated with reasonable specificity in the motion for closure and the
				vote on closure of each individual member shall be recorded in the minutes.
				Only those subjects specified in the motion may be discussed in a closed
				meeting.
(2) Made when the New
				Mexico state investment council is not in an open meeting, the closed meeting
				shall not be held until public notice, in accordance with this resolution is
				given, stating the specific provision of law authorizing the closed meeting and
				reasonably specifying the subjects to be discussed.
(3) Following completion of any closed
				meeting or closed portion of a meeting, the minutes shall state whether the
				matters discussed in the closed meeting were limited to those specified in the
				motion for closure or the notice of the meeting.
(4) Except as provided in Section 10-15-1(H)
				of the Open Meetings Act, any action taken as a result of discussions in a
				closed meeting shall be made by vote of the New Mexico state investment council
				in an open public meeting.
[Subsection F of 2.60.13.8 NMAC contains a reference to
paragraphs 6.3 and 6.4
that is inaccurate and its origin is
				  unknown. The reader is referred to material in a subsequent subsection that
				  contains material mentioned.]