AG: Tech Violated Open Meetings Act

Mountain Mail Reports

The New Mexico State Attorney General’s Office has notified the New Mexico Tech Board of Regents that it has violated the Open Meetings Act.
In a letter addressed to Tech Regents attorney Mark K. Adams, the AG Office concluded the board violated rules concerning telephone meetings, going into closed sessions, approval of minutes and the emergency nature of meetings.
The AG office received a letter of complaint from Richard “Arf” Epstein of Socorro.
In 2008, the Regents held three meetings when in June four regents took part by telephone and three took part in July and December meetings. The AG office gave the Regents the benefit of the doubt but warned that “participation by telephone should occur only when circumstances beyond the member’s control would make attendance in person extremely burdensome.”
Epstein’s second complaint centered on the Board’s motion to go into closed session at an Aug. 2, 2008 meeting “For consideration of legal and personnel matters.”
The OMA requires that when a public body intends to close a public meeting “the authority for the closure and the subject to be discussed shall be stated with reasonable specifity in the motion calling for the vote on a closed meeting.” The AG Office believes the minutes recorded for that meeting do not adequately meet that standard. According to the minutes, the letter said, “We strongly caution the Board that it must meet the reasonable specifity requirement whenever the Board wishes to go into closed session under any exception provided by the OMA.”
Epstein’s third complaint concerns the failure of the Board to approve the May 16, 2008 minutes at the June 9 or July 3 meetings. The OMA requires a public body to approve, disapprove or amend the minutes of a meeting at the next meeting where a quorum is present. Since the Regents failed to approve the minutes at the next minutes, that constituted a violation. But since the minutes of the May meeting were finally approved in August, that cured the violation. The letter from Martha Daly, assistant attorney general, said, “we strongly caution the Board to comply with this and all other requirements of the OMA.”
The fourth complaint is about not enough sufficient notice given to two 2008 meetings on June 8 and July 3. The office said actions taken at those meetings are not valid.
“We here advise the Board to begin again, and to consider the items acted upon at the June 9 and July 3 meetings by rediscussing and voting again on those items at a properly noticed open meeting after listing those items on the meeting agenda.
“If the Board takes these steps, we will not take further action on these particular matters. We ask that the Board send us a copy of the agenda and minutes of the meeting at which such corrective action is taken with the next 90 days.”
During Farmer’s Market last week on the Plaza, Epstein said he was satisfied with the AG’s findings.
"After this and the judicial rebuke to Tech for withholding documents under the Inspection of Public Records Act last year, let's hope that Tech will be run in regard to how our community's right to know how their decisions are made," he said.

AG: Tech Violated Open Meetings Act