0001| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 5 | 0003| 43rd legislature - STATE OF NEW MEXICO - first special session, 1998 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| EXCEPTING FROM THE REQUIREMENTS OF THE INSPECTION OF PUBLIC | 0013| RECORDS ACT A PUBLIC RECORD CONTAINING THE IDENTITY OF OR | 0014| IDENTIFYING INFORMATION RELATING TO AN APPLICANT OR NOMINEE | 0015| FOR PRESIDENT OF A PUBLIC INSTITUTION OF HIGHER EDUCATION. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 14-2-1 NMSA 1978 (being Laws 1947, | 0019| Chapter 130, Section 1, as amended) is amended to read: | 0020| "14-2-1. RIGHT TO INSPECT PUBLIC RECORDS--EXCEPTIONS.-- | 0021| A. Every person has a right to inspect any | 0022| public records of this state except: | 0023| [A.] (1) records pertaining to physical | 0024| or mental examinations and medical treatment of persons | 0025| confined to any institution; |
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0001| [B.] (2) letters of reference concerning | 0002| employment, licensing or permits; | 0003| [C.] (3) letters or memorandums which are | 0004| matters of opinion in personnel files or students' cumulative | 0005| files; | 0006| [D.] (4) law enforcement records that | 0007| reveal confidential sources, methods, information or | 0008| individuals accused but not charged with a crime. Law | 0009| enforcement records include evidence in any form received or | 0010| compiled in connection with any criminal investigation or | 0011| prosecution by any law enforcement or prosecuting agency, | 0012| including inactive matters or closed investigations to the | 0013| extent that they contain the information listed above; | 0014| [E.] (5) as provided by the Confidential | 0015| Materials Act; [and] | 0016| (6) public records containing the identity of | 0017| or identifying information relating to an applicant or nominee | 0018| for the position of president of a public institution of | 0019| higher education; and | 0020| [F.] (7) as otherwise provided by law. | 0021| B. At least twenty-one days before the date of | 0022| the meeting of the governing board of a public institution of | 0023| higher education at which final action is taken on selection | 0024| of the person for the position of president of the | 0025| institution, the governing board shall give public notice of |
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0001| the names of the finalists being considered for the position. | 0002| The board shall consider in the final selection process at least | 0003| five finalists. The required notice shall be given by | 0004| publication in a newspaper of statewide circulation and in a | 0005| newspaper of county-wide circulation in the county in which the | 0006| institution is located. Publication shall be made once and shall | 0007| occur at least twenty-one days and not more than thirty days | 0008| before the described meeting. | 0009| C. Postponement of a meeting described in Subsection | 0010| B of this section for which notice has been given does not | 0011| relieve the governing body from the requirement of giving notice | 0012| of a rescheduled meeting in accordance with the provisions of | 0013| Subsection B of this section. | 0014| D. Action taken by a governing body without | 0015| compliance with the notice requirements of Subsections B and C of | 0016| this section is void. | 0017| E. Nothing in Subsections B through D of this section | 0018| prohibits a governing body from identifying or otherwise | 0019| disclosing the information described in this section." | 0020|  | 0021| | 0022| | 0023| | 0024| |