Notice of Adoption of Resolution #2022-12-01: Open Meetings Act
NOTICE OF ADOPTION OF RESOLUTION #2022-12-01
OPEN MEETINGS ACT
Notice is hereby given that on December 15, 2022 the Board of Directors of North Central Solid Waste Authority adopted this resolution that provides the following:
Open Meetings Act and Establishment of Regular Meeting Date, Time & Location
WHEREAS, the Board of Directors North Central Solid Waste Authority (hereinafter “Authority”), met in regular session, as required by law; and
WHEREAS, § 10-15-01(B) of the New Mexico Open Meetings Act 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, council, commission, administrative adjudicatory body or other policy making body of any state or local public 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 body, are declared to be public meetings open to the public at all times; and
WHEREAS, any meetings 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
WHEREAS, § 10-15-01(D) of the Open Meeting Act requires the Board of Directors of the Authority to determine annually what constitutes reasonable notice of its public meetings;
NOW, THEREFORE, BE IT RESOLVED that:
- All meetings shall be held at the Authority office, located at 410 Paseo de Onate, Espanola, New Mexico at 3:00 PM or as may be otherwise indicated in the meeting notice. The following are the scheduled meeting dates for 2023:
- Unless otherwise specified, regular meetings shall be held each month on the third Thursday. The agenda will be available at least seventy-two hours (72) prior to the meeting, where it will be posted at the office of the Authority.
- Notice of any other regular meeting will be given ten (10) calendar days in advance of the meeting date and such notice shall be posted on the front of the office of the Authority. The notice shall indicate how a copy of the agenda may be obtained.
- Special meetings may be called by the Chairman or a majority of the members upon three (3) calendar days notice. The notice shall include an agenda for the meeting or information on how members of the public may obtain a copy of the agenda. The agenda shall be available to the public at least twenty-four hours before any special meeting by posting the notice on the front door of the office of the Authority.
- Emergency meetings will be called only under unforeseen circumstances, which demand immediate action to protect the health, safety and property of citizens or to protect the public body from substantial financial loss. The Chairman or a majority of the members upon twenty-four hours notice may call emergency meetings, unless a 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.
- For the purpose of regular meetings described in paragraph 2 of this resolution, notice requirements are met if notice of the date, time, place and agenda is placed in the newspaper of general circulation in the state and posted at the front of the office of the Authority. Copies of the written notice shall also be faxed or mailed to those broadcast stations licensed by the Federal Communications Commission which have requested notification of such meetings and newspapers of general circulation.
- For the purposes of special and 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 the Authority. Telephone notices also shall be given to those broadcast stations licensed by the Federal Communications Commission that have made a written request for notice of public meetings.
- In addition to the information specified above, all notices shall include the following language:
If you would like a copy of the meeting agenda, please pick it up at Authority office during regular business hours.
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the Authority office at least one (1) week prior to a regular meeting or as soon as possible for a special or emergency meeting. Public documents, including the agenda and minutes, will be provided in various accessible formats upon reasonable request made to the Authority office.
- A Board Member may attend a board meeting via telephone if he/she notifies the chairman of his inability to attend the meeting in person at least 24 hours prior to the day of the meeting.
- The Board of Directors of the Authority may close a meeting to the public only if the subject matter of such discussion or action is exempted from the Open Meeting requirements under § 10-15-1(H) of the Act.
- 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 in 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.
- If the decision to hold a closed meeting is made 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 subject(s) to be discussed with reasonable specificity, is given to the members and to the general public.
- 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.
- Except as provided in § 10-15-1 (H) of the 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.
PASSED AND ADOPTED on this 15th day of December, 2022.
Ben Lujan, Chairman
Bernardino Chavarria, Secretary