Open Meetings Act Resolution

posted in: News | 0

(Acequia Name) _______________________________________
RESOLUTION NO. ___

WHEREAS, the _________________________________ met for its Regular Membership meeting on ___________________ at ______________________; and

WHEREAS, Section 10-15-1(B) of the Open Meetings Act (Sections 10-15-1 to 10-15-4, NMSA 1978) states that, except as may be otherwise provided in the New Mexico Constitution or the Open Meetings Act, all meetings of the Membership or Commission of the __________________________________ are declared to be public meetings open to the public;

WHEREAS, the Open Meetings Act requires that any meeting that includes formulation of Acequia policy, discussion of Acequia business, or the taking of any action within the authority of the Commission or Membership shall be held only after reasonable notice to the public; and

WHEREAS, Section 10-15-1(D) of the Open Meetings Act requires the Acequia to determine at least annually in a public meeting what constitutes reasonable notice of its public meetings;

THEREFORE BE IT RESOLVED, by the _____________________________________________ that:
1. All meetings shall be held in a public place in [county, town, valley, etc.]_____________________.
2. Regular and Special meetings of the Membership and Regular meetings of the Commission shall be held in accordance with the Bylaws of the Acequia and notice shall be provided at least ten (10) days in advance of the meeting date. [When your acequia adopts this resolution, you should select and insert either of the following options. Note: This should be consistent with Article 3, Sections 2 and 6 of the Bylaws Template.] [Option 1.] The Acequia shall provide notice by posting at one or more public locations within the county where the meeting will take place. Notice shall include the date, time, and location of the meeting. Notice shall also indicate how to obtain a copy of the agenda. The agenda shall be available at least 72 hours (3 days) hours before the meeting.
[Option 2.] The Acequia shall provide notice by posting at one or more public locations within the county where the meeting will take place. The Acequia shall also provide written notice by mail to all parciantes listed in official Acequia records. Notice shall include the date, time, and location of the meeting. Notice shall also indicate how to obtain a copy of the agenda. The agenda shall be available at least 72 hours (3 days) before the meeting.
3. Special meetings of the Commission shall be held in accordance with the Bylaws of the Acequia and notice shall be provided at least three (3) days in advance of the meeting date. The Commission shall provide notice by posting at one or more public locations within the county where the meeting will take place. Notice shall include the date, time and location of the meeting. Notice shall also indicate how to obtain a copy of the agenda. The agenda shall be available at least 72 hours (3 days) before the meeting. [Note: This should be consistent with Article 3, Section 7 of the Bylaws Template.] Emergency meetings of the Membership or Commission shall be called by the Chairman only to address unforeseen circumstances that, if not addressed immediately by the Acequia, will likely result in injury or damage to persons or property or substantial financial loss to the Acequia.. Notice shall include the date, time, location, and agenda of the meeting and shall be provided at least 24 hours in advance of the meeting by posting at one or more public locations. Except where a state or national emergency has been declared, within ten days of taking action on an emergency matter, the Acequia shall report to the Attorney General’s office the action taken and the circumstances creating the emergency.
4. An Acequia meeting may be closed to discuss matters such as litigation or personnel, as stated in the list of exclusions in Section 10-15-1(H) of the Open Meetings Act. If an open meeting is closed for one of the listed purposes, the Acequia shall comply with the specific requirements of Sections 10-15-1(I) and (J) of the Open Meetings Act. For instance, the motion calling for a closed meeting shall state the authority for the closure and the subject to be discussed. Only that subject may be discussed in the closed meeting. The minutes of the Acequia meeting shall record the motion for the closed meeting and the vote of each individual member and shall state whether the discussion in the closed meeting remained limited to the subject specified in the motion for closure.

_______________________________________________
President

_______________________________________________
Secretary

_______________________________________________
Treasurer

_______________________________________________
Mayordomo