Legal counsel reviews New Mexico Open Meetings Act and remote participation rules

Kemp Smith attorneys gave the Technical Advisory Committee a refresher on the New Mexico Open Meetings Act (OMA), reviewing the law’s notice and minutes requirements, permitted closed‑meeting exceptions, and limits on remote participation.

Sergio Estrada, a partner who represents the Mesilla Valley MPO, introduced Lillian Sanchez of Kemp Smith, who led the presentation. Sanchez summarized OMA’s purpose, saying the act declares that “all persons are entitled to the greatest possible information regarding the affairs of government,” and listed three elements that trigger OMA: a policy‑making body, a quorum, and formulation of public policy, discussion of public business, or action on public business.

Sanchez highlighted specific requirements in OMA discussed in the presentation: agendas should be available at least 72 hours before meetings except in emergencies; minutes must be prepared within 10 working days and include attendance, proposals considered, and how each member voted; rolling quorums are prohibited; and remote participation is allowed only where law or body rules permit and when attendance in person is “difficult or impossible.” She reviewed the 10 statutory exceptions that permit closed sessions, including limited personnel matters and attorney‑client privileged litigation discussions, and described the procedure required to go into a closed meeting.

Sanchez also summarized enforcement: violations may be pursued by the attorney general or the district attorney, private enforcement is available after written notice and 15 days of inaction, and violations can be declared invalid; criminal penalties for knowing or repeated breaches may include misdemeanor charges up to $500 per violation. Kemp Smith noted that the attorney general typically seeks remedies and advisory remedies before criminal prosecution.