RESOLUTION 2004-05


A RESOLUTION DECLARING REASONABLE NOTICE OF PUBLIC MEETINGS FOR THE BOARD OF TRUSTEES OF THE VILLAGE OF CAPITAN.


WHEREAS, Section 10-15-1 et seq. NMSA 1978, the Open Meetings Act, states that all meetings of a quorum of members of any board, commission or other policy-making body of any public agency held for the purpose of formulating public policy, discussing public business or for the purpose of taking any action within the authority of that body, are public meetings open to the public at all times; exceptions to this declaration are strictly limited; and

WHEREAS,  the Open Meetings Act also provides that no resolution, rule, regulation, ordinance or action of any board, commission, committee or other policy making body is valid unless taken or passed at a meeting held in accordance with the requirements of that Act; and

WHEREAS, The Open Meetings Act also requires that meetings subject to that 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 the Open Meetings Act also requires the public body to determine annually what constitutes reasonable notice of its public meetings; and

WHEREAS any person violating any of the above cited provisions of the Open Meetings Act is guilty of a misdemeanor and may be punished by a fine of $500.00 for each offense.

NOW THEREFORE, BE IT RESOLVED by the governing body of the Village of Capitan:

1.     Regular meetings are normally held on the second Tuesday of each month at 7:30 p.m.  An agenda will be available at least forty-eight (48) hours before the meeting from the Village Clerk at 114 South Lincoln Avenue, Capitan, New Mexico

2.     The Mayor or a majority of the members of the Board of Trustees may call a special meeting on at least twenty-four (24) hours notice in advance of the meeting.

3.     The Mayor or a majority of the members of the Board of trustees may call an emergency meeting where unforeseen circumstances demand immediate action to protect the health, safety and property of citizens or to protect the Village of Capitan from financial loss. At least twenty-four (24) hours notice shall be given in advance of the meeting unless the circumstances require less notice.

4.     The notice requirements in Section 1,2 and 3 of this resolution will be complied with by the posting at three (3) public places in the Village, including Village Hall, 114 South Lincoln Avenue, Capitan, New Mexico. 
   
5.     Each notice shall include an agenda for the meeting or (in cased of telephonic notice, where permitted shall say how members of the public may obtain copies of the agenda.
   
6.     The Board of Trustees may close a meeting to the public only if the subject matter of discussion or action is included in Subsection H of Section 10-15-1 NMSA 1978.
A.     If a meeting is closed during an open meeting, the closure must be approved by a majority vote of a quorum of the Board of Trustees taken in the open meeting.  The motion for closure shall state the authority for the closure and the subjects to be discussed with reasonable specificity.
B.     A closed meeting called for when the Board of Trustees is not in an open meeting, shall not be held until public notice, appropriate under the circumstances, is given to the members and to the general public.  The notice shall state the specific provision of law authorizing the closed meeting and the subjects to be discussed with reasonable specificity.
C.     Only those subjects announced or voted upon prior to closure may be discussed in a closed meeting.  Following the completion of each closed meeting, the minutes of the open meeting that was closed, or the minutes of the next open meeting after a separately scheduled closed meeting, shall state whether the matters discussed in the closed meeting were limited to those specified in the motion or notice of closure.
D.     Except as permitted in Section 10-15-1 (H) of the Act. Any action taken as a result of discussions in a closed meeting shall be made by vote in an open meeting.

PASSED, ADOPTED AND APPROVED this 9th day of March 2004.


                                                                     ____________________________________
                                                                     Steven M. Sederwall, Mayor
                                                                                   

ATTEST:

_________________________________
Anna Gail Grassie
Village Clerk
        (SEAL)

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