Resolution No. 05-01
OPEN MEETINGS ACT
WHEREAS, the Town of Taos Town Council, met in regular session on this 18th day of January, 2005, at 6:30 p.m.; and
WHEREAS, Section 10-15-1(B) of the New Mexico Open Meetings Act (Section 10-15-1 et seq., NMSA 1978 as amended) 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 or other policymaking body of any state or local public agency, held 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, Subsection D of Section 10-15-1 NMSA 1978, a provision of the Open Meetings Act requires the Town of Taos Town Council to determine annually what constitutes reasonable notice of its public meetings:
NOW, THEREFORE, BE IT RESOLVED that:
1. The Regular Meetings of the Town Council are scheduled to be held as follows:
On each third Tuesday of each month.
At 6:30 p.m. at Council Chambers, Coronado Hall, 120 Civic Plaza, Taos, New
Mexico. (Except for the January Meeting -"Mayor’s State of the Town" -held at the Convention Center 121 Civic Plaza, Taos, New Mexico)
2. In addition to the Regular Meetings of the Town Council there are scheduled Briefings and Workshop Meetings at which no council action will be taken, and are held principally as informational and study sessions. These meetings are scheduled to be held as follows:
On the second Tuesday of each month;
At 10:00 a.m. at Coronado Hall, 120 Civic Plaza, Taos, New
Mexico.
3. Special meetings of the Town Council may be called by the Mayor or by request of a majority of the Council upon three (3) days notice to the members of the Council. Special meetings shall be held at the date, time and place set-forth in the notice of special meeting.
4. Emergency meetings of the Town Council will be called, by the Mayor or by request of majority of the Council, only under circumstances, which require immediate action to protect the health, safety and /or property of the Town or its citizens. Emergency meetings may be called upon twenty-four (24) hours notice to the members of the Council, unless threat of personal injury or property damage requires less notice. Said meetings shall be held at the date, time and place set-forth in the call of said emergency meeting.
5. Meetings of boards, committees, commissions, agencies or other policy-making bodies of the Town of Taos shall establish their own individual meeting schedule and publish notice in accordance with this resolution.
6. Reasonable notice of meetings is hereby declared to exist when:
A. Notice of the Annual Schedule of meetings, as set forth in this Resolution shall be published in the Taos News or Albuquerque Journal, a newspaper of general circulation for the Town and County, during the month of January 2005. Copies of the 2005 Annual Calendar were provided to the news media on January 7, 2005.
B. Notices of Special or Emergency meetings shall be provided by delivery or telephone or faxing or e-mail to local newspaper, radio or television media that has made a written request for notice of public meetings; by 5:00 p.m. the day before the scheduled or called for meeting, or with as much time as practical in advance of the scheduled meeting.
C. In addition to the provisions of subparagraph B, above, notice requirement of Special or Emergency Meetings are met by posting notice of the meeting at Town hall by 5:00 p.m. the day before the scheduled or called for meeting, or with as much time as practical in advance of the scheduled meeting.
D. In addition to the local media, notice shall also be provided to any licensed media (newspaper, radio or television), that has made a written request for notice of public meetings; and
E. The proposed agenda of a meeting shall be available, at Town Hall, on Friday afternoon of the week prior to the scheduled, or called for, meeting, where time permits; otherwise, the proposed agenda shall be available by 4:00 p.m. the day before the scheduled, or called meeting.
7. Individuals with a disability who are 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, must contact the Town Clerk at least one week prior to the meeting or as soon as possible. Public document, including the agenda and minutes, can be provided in various accessible formats. Please contact the Town Clerk at 751-2006 if a summary of other type of accessible format is needed.
8. A meeting may be closed to the public only if the subject matter of such discussion or action is exempted from the open meeting requirements under Subsection H of Section 10-15-1 NMSA 1978, a provision of the Open Meetings Act or other applicable law.
A. If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the Council, or other body, taken during the open meeting. The authority for the closure and the subject(s) to be discussed shall be stated in the motion for closure and the vote on closure of each individual member shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in a closed meeting.
B. If the decision to hold a closed meeting is made when the Council, or other body, is not in an open meeting, the closed meeting shall not be held until reasonable public notice, appropriate under the circumstances and stating the specific provision of law authorizing the closed meeting and the subject(s) to be discussed, is given to the members and the general public.
C. 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.
D. Except as provided in Subsection H of Section 10-15-1 NMSA 1978, any action taken as a result of discussion in a closed meeting shall be made by vote in an open public meeting.
ADOPTED BY THE TOWN COUNCIL on this 18th day of January 2005.
By________________________
Bobby F. Duran, Mayor
ATTEST:
_________________________
Tamara Trujillo, Town Clerk
VOTE: FOR:_________ AGAINST:_________ ABSTAIN:_________