Dear Mr. King
Thank you, your staff of lawyers, and Sarah Welsh of the New Mexico Foundation for Open Government for coming to Socorro on May 27 to discuss and explain the Open Meetings Act and the Inspection of Public Records act (the Sunshine Laws). Your meeting made it very clear that the proposition passed by District 3 on Octobevr 2, 2009 and full membership at the April 17 Annual Meeting of the SEC, “The SEC Board of Trustees shall voluntarily agree to a bide by the New Mexico Open Meetings Act and the Inspection of Public Records Act.,” Is workable, legal and reasonable and went into effect on April 17, 2010.
Trustees Mauldin and Wagner along with several members of the SEC and the press clearly heard that other nongovernmental and/or nonprofit agencies have voluntarily placed themselves under the “Sunshine Laws” and abide by them. The copies of “Open Meetings Act: Compliance Guide” and “Inspection of Public Records Acot Compliance Guide” handed out at the meeting makes other issues very clear. According to 10-15-3. Invalid Actions: Standing, the fact that the SEC has held meetings and taken lots of actionwithout adhering to the “Open Meeting Act” makes those meetings and actions invalid. The remedy in this case calls for provisions of the OMA to be enforced by the attorney general or by the district attorney in the county of jurisdiction or for an individual to apply for enforcement through the district courts.
As a member of the SEC, I ask that your office enforce the provisions under 10-15-3 and make it clear to the Board of Trustees and Attorney Dennis Francish that their actions are illegal until they comply with the Sunshine Laws. The members of the Socorro Electric Cooperative need relief from the delays and distortions that are adversely affecting our rights.
Friday, June 4, 2010
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