Licensing

The Law
The provisions of Subsection A of this section do not apply to matters relating to personnel or matters adjudicatory in nature or to investigative or quasi-judicial proceedings relating to ethics and conduct or to a caucus of a political party.

Commentary
This Subsection permits standing committees of the legislature to meet in closed session to discuss matters relating to personnel; adjudicatory matters; and investigative or quasi-judicial proceedings relating to ethics and conduct. 

The exception for “matters relating to personnel” is broader than the “limited personnel matters” exception under Section 10-15-1(H)(2). Thus, a legislative committee may hold a closed meeting to discuss personnel matters not directly related to an individual employee. See State v. Hernandez, 89 N.M. 698, 556 P.2d 1174 (1976) (discussing predecessor open meetings law that permitted closed meetings to discuss “personnel matters” without defining that term). 

Example 81:
The Committee of the Senate meets to discuss and approve a policy for hiring persons recommended by the Chief Clerk of the Senate to work during the legislative session. This meeting may be closed. By contrast, public bodies subject to the limited personnel matters exception in Section 10-15- 1(H)(2) would have to discuss the same topic in an open meeting because it does not relate to an individual employee.

Commentary
The Act does not define “matters adjudicatory in nature” that a standing committee might discuss in a closed session, but generally the term refers to hearings and other proceedings in court.

Subsection B also excepts investigative or quasi- judicial proceedings relating to ethics or conduct from the public meeting requirement. The New Mexico Constitution has conferred on the legislature certain functions that may properly be considered quasi-judicial. For example, the power to impeach state officers is vested in the House of Representatives and the impeachment is tried by the Senate. See New Mexico Constitution, Article IV, Sections 35 and 36. Thus, the presiding officer of a standing committee might call a closed meeting to discuss the impeachment of a state officer. The Act would not apply to the actual impeachment and trial, and would not justify closing proceedings required to be public by Article IV, Section 12 of the New Mexico Constitution or other authority. 

Subsection B expressly excludes political party caucuses from the public meeting requirement applicable to standing and conference committees of the legislature.