Meetings of Committees and Policymaking Bodies of the Legislature

The Law
Unless otherwise provided by Joint House and Senate Rule, all meetings of any committee or policymaking body of the legislature held for the purpose of discussing public business or for the purpose of taking any action within the authority of or the delegated authority of the committee or body are declared to be public meetings open to the public at all times. Reasonable notice of meetings shall be given to the public by publication or by the presiding officer of each house prior to the time the meeting is scheduled.

Commentary
Article IV, Section 12 of the New Mexico Constitution requires that all sessions of each house of the legislature be open to the public. Section 10-15-2(A) provides that all meetings of any committee or policymaking body of the state legislature held for the purpose of: (a) discussing public business, or (b) taking any action within the authority of the committee or policymaking body, shall be open to the public as well. However, Subsection A must be read in conjunction with Subsection C of this section which provides that: “For the purposes of this section, ‘meeting’ means a gathering of a quorum of the members of a standing committee or conference committee held for the purpose of taking any action within the authority of the committee or body.” 

Thus, the open meeting requirement of Subsection A really only applies to meetings of a standing or conference committee of the legislature. 

Standing committees are formed by the senate or house, or by statute, to assist the senate or house in accomplishing their duties. Standing committees convene during the legislative session and interim committees include those that meet on a regular basis between legislative sessions. Conference committees are called upon during a legislative session to resolve disagreements on a particular bill. 

Notice of a legislative committee meeting must be provided to the public before the meeting is held. 

Example 76:
A meeting of the party leadership of either party of the state legislature is not subject to this provision as those legislators do not constitute a standing committee of the state legislature. 

Example 77:
A meeting of the staff for the Senate Finance Committee is not subject to this provision as the staff analysts are not legislators and therefore do not constitute a standing or conference committee of the state legislature.

Example 78:
A reception at which a quorum of the members of the House Judiciary Committee is present is not subject to this provision because this is not a gathering called by the presiding officer of the committee and the members have not met for the purpose of discussing public business or taking official action.

Example 79:
The Chairman of the Legislative Finance Committee, an interim committee, calls a meeting to discuss a study of county and  municipal finances ordered by a joint resolution during the previous legislative session. An open meeting must be held.

Example 80:
During a legislative session, the house standing committee on education and the senate standing committee on education have been unable to resolve a major issue on a bill that has been sent back to the house by the senate several times. Testimony and remarks from the public has been lengthy and disruptive. A conference committee of senior members from both the senate’s and the house’s standing education committees was created in an attempt to negotiate language that the house will approve. The conference committee meeting must be open to the public and preceded by reasonable notice to the public.