1. Open Meetings. Pursuant to, Section 10-15-1(A) and (B), NMSA 1978 Comp., all meetings of a quorum of the Board of Regents held for the purpose of formulating public policy, discussing public business, or for the purpose of taking any action within the authority delegated to the Board, shall be open to the public, unless otherwise provided by law. Any member of the public may attend an open meeting and listen to deliberations and proceedings of the Board.
2. Closed Meetings. Pursuant to Section 10-15-1(H), NMSA 1978 Comp., the Board upon its own motion may close a meeting to the public if the subject matter of such discussion or action is included in Subsection H of the Open Meetings Act, Section 10-15-1(H) or if the need to close the meeting is required by other laws which specifically preserve the confidentiality of certain information that is to be considered at the closed meeting. If any meeting is closed pursuant to the exclusions contained in Section 10-15-1.H, such closure: (1) if made in an open meeting, shall be approved by a majority vote of the quorum of the Board and the authority for such closure and the subject to be discussed shall be stated with reasonable specificity, in the motion calling for the vote on a closed meeting and such vote shall be taken in an open meeting and the vote of each Board member shall be recorded in the minutes; (2) if called for when the Commission is not in an open meeting, such closed meeting shall not be held until public notice, appropriate under the circumstances, stating the specific provision of the law authorizing the closed meeting and stating with reasonable specificity the subject to be discussed, is given to members and the general public.
3. Open Meetings Called To Take Formal Action. Meetings at which a quorum of the Board discusses or adopts a proposed order in any case or matter pending before the Board, or any resolution, rule, regulation, or takes any other formal action authorized, are to be open to the public.
A. Regularly Scheduled Open Meetings. Unless the business before the Board dictates otherwise, the Board conducts open meetings at least four times a year. The Board will publish, in news media sufficient to achieve statewide circulation, notice of the specific dates, times and rooms of each of these regularly scheduled open meetings at least twenty-four hours prior to each meeting. Meeting notices shall include an agenda which shall indicate the time and place of the meeting and a list of specific items of business to be discussed or transacted at the meeting or information on how the public may obtain a copy of such an agenda. Except in the case of an emergency, (1) the agenda shall be available to the public at least twenty-four hours prior to the meeting and, (2) action may be taken only on matters appearing on the agenda. The Board will conspicuously post an agenda of the meeting on or before the date of the meeting in the President's Office, Administration Building, Room 102, Eastern New Mexico University, Station #1, Portales, New Mexico 88130.
A member of the Board may participate in a meeting of the Board by means of a telephone conference or other similar communications equipment when otherwise difficult or impossible for the member to attend the meeting in person, provided that each member participating by telephone conference 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 of the Board who speaks during the meeting. Participation by a member of the Board by telephone conference shall constitute presence in person at the meeting.
Any broadcast stations licensed by the Federal Communications Commission and any newspapers of general circulation in this State which have provided a written request for notices of open meetings shall be furnished such notice by mail or as otherwise provided in this Open Meetings Policy. Written requests for notices of open meetings should be directed to the News Services Director, University Relations, Eastern New Mexico University, Station #6, Administration Building 108, Portales, New Mexico 88130.
B. Other Open Meetings In Between Regularly Scheduled Open Meetings. If the public interest requires other formal action by the Board between regularly scheduled open meetings, the Board may conduct an open meeting to take formal action at such times. The Board shall provide notice of each such open meeting held between the regularly scheduled open meetings by delivering an agenda of the open meeting to the news media of the region at least twenty-four hours prior to the meeting.
Except in the case of an emergency, and as otherwise provided in this Section, the requirements of Section III.A for regular meetings shall be followed.
C. Emergency Meetings. The Board is empowered pursuant to Section 21-7-12 NMSA 1978 to prescribe the manner in which meetings of the Board shall be called; and the Board concludes that provision should be made for emergency meetings by telephone conference or otherwise in a manner consistent with the New Mexico Open Meetings Act where a quorum of the Board cannot be assembled in one location in a timely manner. The process shall be that:
1. The President of the Board or any four (4) members of the Board may call an emergency meeting of the Board by telephone conference utilizing equipment by means of which each member participating by conference telephone can be identified when speaking, and all members of the Board and others participating in the meeting can hear each other at the same time.
All such meetings shall comply with the New Mexico Open Meetings Act. Provision shall be made so that any member of the public attending such a meeting may hear the discussion of all members of the Board and other participants at the meeting.
2. Participation by a Regent in a meeting by such telephonic means shall constitute presence in person at the meeting.
3. Telephone or fax notice will be given to the news media and public at least four hours before such a meeting.
D. Recessing Public Meetings. The Board may recess and reconvene a meeting to a later date if, prior to recessing, the Board specifies the date, time and place for continuation of the meeting and immediately following the recessed meeting, posts 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 the President's Office, Administration Building, Room 102, Eastern New Mexico University, Station #1, Portales, New Mexico 88130. Only matters appearing on the agenda of the original meeting may be discussed at the reconvened meeting.
4. Working Sessions. A quorum of the Board may also meet periodically in "working sessions." A "working session" is any meeting of a quorum of the Board which does not involve any formal action by the Board. Such sessions include, but are not limited to: (1) discussions related to the formulation of public policy prior to the publication of any proposed general order; (2) discussions related to the formulation of public policy prior to the formal discussion or adoption of any resolution, rule, regulation or any order in any case pending before the Board, or prior to the taking of any other formal action authorized by the higher education statutes; (3) discussions of internal administrative actions concerning the operations of the University, and (4) informational discussions between staff and the Board in preparation for formal discussion or action.
Working sessions of a quorum of the Board are open meetings and are open to the public. Any person wishing to attend a working session of the Board shall be allowed to attend and listen to the discussions. The Board will conspicuously publish a notice of the working session at least twenty-four hours prior to the working session in the media. The notice shall state the time, date, and location of the meeting and that no formal action shall be taken.
5. Minutes.
A. Open Meetings. The Board shall keep written minutes of all its open meetings which shall include at a minimum the date, time and place of the meeting, the names of members in attendance and those absent, the substance of the proposals considered and a record of any decisions and votes taken that show how each member voted. Minutes shall be open to public inspection. Draft minutes shall be prepared within ten (10) working days after the meeting and shall be approved, amended or disapproved at the next meeting where a quorum is present at which time they shall become official.
B. Closed Meetings. Following the completion of any closed meeting, the minutes of the open meeting that was closed, or the next open meeting, if the closed meeting was separately scheduled, shall state that the matters discussed in the closed meeting were limited only to those specified in the motion for closure or in the notice of the separate closed meeting.
Adopted September 27, 1991, and Revised and Approved September 30, 1995 by the Board of Regents.