0001| HOUSE BILL 579 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| W. C. "DUB" WILLIAMS | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC OFFICIALS; AMENDING SECTION 10-15-1 NMSA | 0012| 1978 (BEING LAWS 1974, CHAPTER 91, SECTION 1, AS AMENDED) TO | 0013| EXEMPT FROM THE OPEN MEETINGS ACT PUBLIC HOSPITALS LEASED TO | 0014| PRIVATE MANAGERS. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 10-15-1 NMSA 1978 (being Laws 1974, | 0018| Chapter 91, Section 1, as amended) is amended to read: | 0019| "10-15-1. FORMATION OF PUBLIC POLICY--PROCEDURES FOR OPEN | 0020| MEETINGS--EXCEPTIONS AND PROCEDURES FOR CLOSED MEETINGS-- | 0021| EXEMPTION.-- | 0022| A. In recognition of the fact that a representative | 0023| government is dependent upon an informed electorate, it is | 0024| declared to be public policy of this state that all persons are | 0025| entitled to the greatest possible information regarding the | 0001| affairs of government and the official acts of those officers | 0002| and employees who represent them. The formation of public | 0003| policy or the conduct of business by vote shall not be | 0004| conducted in closed meeting. All meetings of any public body | 0005| except the legislature and the courts shall be public meetings, | 0006| and all persons so desiring shall be permitted to attend and | 0007| listen to the deliberations and proceedings. Reasonable | 0008| efforts shall be made to accommodate the use of audio and video | 0009| recording devices. | 0010| B. All meetings of a quorum of members of any | 0011| board, commission, administrative adjudicatory body or other | 0012| policymaking body of any state agency, any agency or authority | 0013| of any county, municipality, district or any political | 0014| subdivision, held for the purpose of formulating public policy, | 0015| including the development of personnel policy, rules, | 0016| regulations or ordinances, discussing public business or for | 0017| the purpose of taking any action within the authority of or the | 0018| delegated authority of any board, commission or other | 0019| policymaking body are declared to be public meetings open to | 0020| the public at all times, except as otherwise provided in the | 0021| constitution of New Mexico or the Open Meetings Act. No public | 0022| meeting once convened that is otherwise required to be open | 0023| pursuant to the Open Meetings Act shall be closed or dissolved | 0024| into small groups or committees for the purpose of permitting | 0025| the closing of the meeting. | 0001| C. If otherwise allowed by law or rule of the | 0002| public body, a member of a public body may participate in a | 0003| meeting of the public body by means of a conference telephone | 0004| or other similar communications equipment when it is otherwise | 0005| difficult or impossible for the member to attend the meeting in | 0006| person, provided that each member participating by conference | 0007| telephone can be identified when speaking, all participants are | 0008| able to hear each other at the same time and members of the | 0009| public attending the meeting are able to hear any member of the | 0010| public body who speaks during the meeting. | 0011| D. Any meetings at which the discussion or adoption | 0012| of any proposed resolution, rule, regulation or formal action | 0013| occurs and at which a majority or quorum of the body is in | 0014| attendance, and any closed meetings, shall be held only after | 0015| reasonable notice to the public. The affected body shall | 0016| determine at least annually in a public meeting what notice for | 0017| a public meeting is reasonable when applied to that body. That | 0018| notice shall include broadcast stations licensed by the federal | 0019| communications commission and newspapers of general circulation | 0020| that have provided a written request for such notice. | 0021| E. A public body may recess and reconvene a meeting | 0022| to a day subsequent to that stated in the meeting notice if, | 0023| prior to recessing, the public body specifies the date, time | 0024| and place for continuation of the meeting, and, immediately | 0025| following the recessed meeting, posts notice of the date, time | 0001| and place for the reconvened meeting on or near the door of the | 0002| place where the original meeting was held and in at least one | 0003| other location appropriate to provide public notice of the | 0004| continuation of the meeting. Only matters appearing on the | 0005| agenda of the original meeting may be discussed at the | 0006| reconvened meeting. | 0007| F. Meeting notices shall include an agenda | 0008| containing a list of specific items of business to be discussed | 0009| or transacted at the meeting or information on how the public | 0010| may obtain a copy of such an agenda. Except in the case of an | 0011| emergency, the agenda shall be available to the public at least | 0012| twenty-four hours prior to the meeting. Except for emergency | 0013| matters, a public body shall take action only on items | 0014| appearing on the agenda. For purposes of this subsection, an | 0015| "emergency" refers to unforeseen circumstances that, if not | 0016| addressed immediately by the public body, will likely result in | 0017| injury or damage to persons or property or substantial | 0018| financial loss to the public body. | 0019| G. The board, commission or other policymaking body | 0020| shall keep written minutes of all its meetings. The minutes | 0021| shall include at a minimum the date, time and place of the | 0022| meeting, the names of members in attendance and those absent, | 0023| the substance of the proposals considered and a record of any | 0024| decisions and votes taken that show how each member voted. All | 0025| minutes are open to public inspection. Draft minutes shall be | 0001| prepared within ten working days after the meeting and shall be | 0002| approved, amended or disapproved at the next meeting where a | 0003| quorum is present. Minutes shall not become official until | 0004| approved by the policymaking body. | 0005| H. The provisions of Subsections A, B and G of this | 0006| section do not apply to: | 0007| (1) meetings pertaining to issuance, | 0008| suspension, renewal or revocation of a license, except that a | 0009| hearing at which evidence is offered or rebutted shall be open. | 0010| All final actions on the issuance, suspension, renewal or | 0011| revocation of a license shall be taken at an open meeting; | 0012| (2) limited personnel matters; provided that | 0013| for purposes of the Open Meetings Act, "limited personnel | 0014| matters" means the discussion of hiring, promotion, demotion, | 0015| dismissal, assignment or resignation of or the investigation or | 0016| consideration of complaints or charges against any individual | 0017| public employee; provided further that this subsection is not | 0018| to be construed as to exempt final actions on personnel from | 0019| being taken at open public meetings, nor does it preclude an | 0020| aggrieved public employee from demanding a public hearing. | 0021| Judicial candidates interviewed by any commission shall have | 0022| the right to demand an open interview; | 0023| (3) deliberations by a public body in | 0024| connection with an administrative adjudicatory proceeding. For | 0025| purposes of this paragraph, an "administrative adjudicatory | 0001| proceeding" means a proceeding brought by or against a person | 0002| before a public body in which individual legal rights, duties | 0003| or privileges are required by law to be determined by the | 0004| public body after an opportunity for a trial-type hearing. | 0005| Except as otherwise provided in this section, the actual | 0006| administrative adjudicatory proceeding at which evidence is | 0007| offered or rebutted and any final action taken as a result of | 0008| the proceeding shall occur in an open meeting; | 0009| (4) the discussion of personally identifiable | 0010| information about any individual student, unless the student, | 0011| his parent or guardian requests otherwise; | 0012| (5) meetings for the discussion of bargaining | 0013| strategy preliminary to collective bargaining negotiations | 0014| between the policymaking body and a bargaining unit | 0015| representing the employees of that policymaking body and | 0016| collective bargaining sessions at which the policymaking body | 0017| and the representatives of the collective bargaining unit are | 0018| present; | 0019| (6) that portion of meetings at which a | 0020| decision concerning purchases in an amount exceeding two | 0021| thousand five hundred dollars ($2,500) that can be made only | 0022| from one source and that portion of meetings at which the | 0023| contents of competitive sealed proposals solicited pursuant to | 0024| the Procurement Code are discussed during the contract | 0025| negotiation process. The actual approval of purchase of the | 0001| item or final action regarding the selection of a contractor | 0002| shall be made in an open meeting; | 0003| (7) meetings subject to the attorney-client | 0004| privilege pertaining to threatened or pending litigation in | 0005| which the public body is or may become a participant; | 0006| (8) meetings for the discussion of the | 0007| purchase, acquisition or disposal of real property or water | 0008| rights by the public body; and | 0009| (9) those portions of meetings of committees | 0010| or boards of public hospitals that receive less than fifty | 0011| percent of their operating budget from direct public funds and | 0012| appropriations where strategic and long-range business plans | 0013| are discussed. | 0014| I. If any meeting is closed pursuant to the | 0015| exclusions contained in Subsection H of this section, the | 0016| closure: | 0017| (1) if made in an open meeting, shall be | 0018| approved by a majority vote of a quorum of the policymaking | 0019| body; the authority for the closure and the subject to be | 0020| discussed shall be stated with reasonable specificity in the | 0021| motion calling for the vote on a closed meeting; the vote shall | 0022| be taken in an open meeting; and the vote of each individual | 0023| member shall be recorded in the minutes. Only those subjects | 0024| announced or voted upon prior to closure by the policymaking | 0025| body may be discussed in a closed meeting; and | 0001| (2) if called for when the policymaking body | 0002| is not in an open meeting, shall not be held until public | 0003| notice, appropriate under the circumstances, stating the | 0004| specific provision of the law authorizing the closed meeting | 0005| and stating with reasonable specificity the subject to be | 0006| discussed is given to the members and to the general public. | 0007| J. Following completion of any closed meeting, the | 0008| minutes of the open meeting that was closed or the minutes of | 0009| the next open meeting if the closed meeting was separately | 0010| scheduled shall state that the matters discussed in the closed | 0011| meeting were limited only to those specified in the motion for | 0012| closure or in the notice of the separate closed meeting. This | 0013| statement shall be approved by the public body under Subsection | 0014| G of this section as part of the minutes. | 0015| K. A corporation that leases and operates a public | 0016| hospital pursuant to a contract with the state, a county or a | 0017| municipality is exempt from the provisions of this section." | 0018| - 8 - State of New Mexico | 0019| House of Representatives | 0020| | 0021| FORTY-THIRD LEGISLATURE | 0022| FIRST SESSION, 1997 | 0023| | 0024| | 0025| February 13, 1997 | 0001| | 0002| | 0003| Mr. Speaker: | 0004| | 0005| Your VOTERS AND ELECTIONS COMMITTEE, to whom has | 0006| been referred | 0007| | 0008| HOUSE BILL 579 | 0009| | 0010| has had it under consideration and reports same with | 0011| recommendation that it DO PASS, and thence referred to the | 0012| JUDICIARY COMMITTEE. | 0013| | 0014| Respectfully submitted, | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| Edward C. Sandoval, Chairman | 0021| | 0022| | 0023| Adopted Not Adopted | 0024| | 0025| (Chief Clerk) (Chief Clerk) | 0001| | 0002| Date | 0003| | 0004| The roll call vote was 9 For 0 Against | 0005| Yes: 9 | 0006| Excused: Lujan, Nicely, Sanchez | 0007| Absent: None | 0008| | 0009| | 0010| G:\BILLTEXT\BILLW_97\H0579 State of New Mexico | 0011| House of Representatives | 0012| | 0013| FORTY-THIRD LEGISLATURE | 0014| FIRST SESSION, 1997 | 0015| | 0016| | 0017| February 24, 1997 | 0018| | 0019| | 0020| Mr. Speaker: | 0021| | 0022| Your JUDICIARY COMMITTEE, to whom has been referred | 0023| | 0024| HOUSE BILL 579 | 0025| | 0001| has had it under consideration and reports same with | 0002| recommendation that it DO PASS, amended as follows: | 0003| | 0004| 1. On page 8, line 16, after "section" insert "if the | 0005| meetings of the local community board charged by the corporation | 0006| with oversight of the hospital are open to public participation, | 0007| subject to the exceptions contained in an open meeting resolution | 0008| adopted by the local community board". | 0009| | 0010| The roll call vote on Amendment #1 was 8 For 2 Against | 0011| Yes: 8 | 0012| No: King, Stewart | 0013| Excused: Pederson, Rios, Sanchez | 0014| Absent: None | 0015| | 0016| Respectfully submitted, | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| Thomas P. Foy, Chairman | 0023| | 0024| | 0025| Adopted Not Adopted | 0001| | 0002| (Chief Clerk) (Chief Clerk) | 0003| | 0004| Date | 0005| | 0006| The roll call vote was 8 For 2 Against | 0007| Yes: 8 | 0008| No: King, Stewart | 0009| Excused: Pederson, Rios, Sanchez | 0010| Absent: None | 0011| | 0012| .117658.1 | 0013| G:\BILLTEXT\BILLW_97\H0579 FORTY-THIRD LEGISLATURE | 0014| FIRST SESSION | 0015| | 0016| | 0017| February 27, 1997 | 0018| | 0019| | 0020| HOUSE FLOOR AMENDMENT number ___1___ to HOUSE BILL 579, as amended | 0021| | 0022| Amendment sponsored by Representative Gary K. King | 0023| | 0024| | 0025| 1. Strike House Judiciary Committee Amendment 1. | 0001| | 0002| 2. On page 8, line 16, after "section" insert "; provided that | 0003| the hospital is subject to oversight by a local community hospital | 0004| board and that board is subject to the provisions of this section". | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| ___________________________ | 0020| Gary K. King | 0021| | 0022| | 0023| | 0024| Adopted ___________________ Not Adopted ___________________________ | 0025| (Chief Clerk) (Chief Clerk) | 0001| | 0002| | 0003| Date ________________ | 0004| | 0005| FORTY-THIRD LEGISLATURE | 0006| FIRST SESSION, 1997 | 0007| | 0008| | 0009| March 17, 1997 | 0010| | 0011| Mr. President: | 0012| | 0013| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred | 0014| | 0015| HOUSE BILL 579, as amended | 0016| | 0017| has had it under consideration and reports same with recommendation | 0018| that it DO PASS, and thence referred to the JUDICIARY | 0019| COMMITTEE. | 0020| | 0021| Respectfully submitted, | 0022| | 0023| | 0024| | 0025| __________________________________ | 0001| Shannon Robinson, Chairman | 0002| | 0003| | 0004| | 0005| Adopted_______________________ Not Adopted_______________________ | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| | 0009| Date ________________________ | 0010| | 0011| | 0012| The roll call vote was 5 For 0 Against | 0013| Yes: 5 | 0014| No: 0 | 0015| Excused: Adair, Boitano, Ingle, Vernon | 0016| Absent: None | 0017| | 0018| | 0019| H0579PA1 | 0020| | 0021| | 0022| | 0023| FORTY-THIRD LEGISLATURE | 0024| FIRST SESSION, 1997 | 0025| | 0001| | 0002| March 20, 1997 | 0003| | 0004| Mr. President: | 0005| | 0006| Your JUDICIARY COMMITTEE, to whom has been referred | 0007| | 0008| HOUSE BILL 579, as amended | 0009| | 0010| has had it under consideration and reports same with recommendation | 0011| that it DO PASS. | 0012| | 0013| Respectfully submitted, | 0014| | 0015| | 0016| | 0017| __________________________________ | 0018| Fernando R. Macias, Chairman | 0019| | 0020| | 0021| | 0022| Adopted_______________________ Not Adopted_______________________ | 0023| (Chief Clerk) (Chief Clerk) | 0024| | 0025| | 0001| | 0002| Date ________________________ | 0003| | 0004| | 0005| The roll call vote was 5 For 0 Against | 0006| Yes: 5 | 0007| No: 0 | 0008| Excused: Stockard, Tsosie, Vernon | 0009| Absent: None | 0010| | 0011| | 0012| H0579JU1 |