Introduction

The “Open Meetings Act,” NMSA 1978, Sections 10-15-1 to 10-15-4, is known as a “sunshine law.” All states have such laws, which are essentially motivated by the belief that the democratic ideal is best served by a well-informed public. Sunshine laws generally require that public business be conducted in full public view, that the actions of public bodies be taken openly, and that the deliberations of public bodies be open to the public.

The Attorney General is authorized by Section 10-15-3(B) of the Act to enforce its provisions. Accordingly, this Compliance (“Guide”) has been prepared by the Attorney General to provide assistance in the application of the provisions of the Act to all boards and commissions of the state, counties, municipalities, school districts, conservation districts, irrigation districts, housing authorities, councils of government and other public bodies that are responsible to the public and subject to the Act. It should be noted that many of the issues discussed in this Guide have not been the subjects of judicial interpretation. By necessity, therefore, the Guide in most respects represents the views of the Attorney General. Although the Attorney General believes the construction of the Open Meetings Act reflected in this Compliance Guide is correct, it is always possible that a court faced with the same issues would disagree with the Attorney General’s interpretation.

New Mexico’s Open Meetings Act addresses four areas. The first defines the basic policy of the state with respect to meetings of non-legislative public bodies and how it is to be applied in conducting public business; the second defines the policy as it applies to meetings of committees of the state legislature; the third addresses the effect that violating the Act may have on the validity of actions taken by public bodies; and the fourth defines the penalty for violation of the Act. These areas are discussed sequentially in the text of this Guide. For ease of reference, the entire Act is set forth on pages 2 through 5.

The Open Meetings Act was most recently amended during the 2013 legislative session. The amendment requires, with some exceptions, that a public body make the agendas of regular and special meetings available to the public at least seventy-two hours prior to the meetings and post the agendas on the public body’s website if one is maintained.

For ease of understanding, the text in this Guide is divided into three areas:

1) The Law, as written, is in bold type.
2) Commentary or explanation is in regular type.
3) Examples of when the law would and would not apply are in italic type.

If you would like additional copies of this Guide, or if you have any questions about the Guide or the applicability of the Act, please contact the Open Government Division of the Office of the Attorney General, P.O. Drawer 1508, Santa Fe, New Mexico 87504-1508, or by telephone at (505) 827-6070. This Guide is also posted on the Office of the Attorney General’s website at www.nmag.gov.