RESOLUTION 2005-02
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, commiftee 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 6:30 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
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 18th day of January 2005.
Steven M. Sederwall, Mayor
ATTEST:
Anna Gail Grassie
Village Clerk
(SEAL)
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