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City staff reviews Open Meetings Act, agenda rules and conflict-of-interest guidance with advisory board

5399198 · July 15, 2025
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Summary

At the start of the meeting staff reviewed the New Mexico Open Meetings Act, the board’s rules of procedure, posting and quorum rules, public‑forum rules and conflict‑of‑interest guidance, and warned about rolling quorums.

City staff opened the meeting with a presentation on the New Mexico Open Meetings Act and the board’s rules of procedure, reviewing notice requirements, quorum rules, public forum procedures, meeting decorum and conflict‑of‑interest obligations.

Staff told members the Open Meetings Act is intended to ensure transparency and that the governing body adopts an Open Meetings Act resolution annually; staff recommended members consult the New Mexico Department of Justice materials for details. Staff explained agenda posting norms (the Open Meetings Act requires 72 hours’ notice but the city typically posts agendas 7 to 10 days ahead), and reminded members that agendas should include specific items and any available supporting materials.

Staff emphasized meeting decorum and rules of procedure: members should seek recognition from the chair before speaking, make motions and wait for seconds, and record roll-call votes to create a public record. The presenter warned about the legal risk of a “rolling quorum” — informal serial communications among a majority of members outside a properly noticed meeting that can violate the Open Meetings Act — and advised members not to discuss board business outside of noticed meetings.

Conflict-of-interest and recusal guidance Staff said that if a board member has a potential conflict (for example, a relative doing business with the city on a water chemical supply), the member should contact staff, Director Gottlieb or Deputy City Manager Wells before a meeting so the city can consult legal staff and, if necessary, record a recusal.

Public forum rules The presenter described public forum rules used by the city: speakers must register, comments are limited to two minutes per speaker (time set by the mayor and governing body) and the forum is for items not on the agenda; members of the public may also speak on agenda items unless the item is currently under active consideration by the governing body or was postponed.

Board questions and guidance No substantive policy changes were made; staff offered to provide printed or electronic copies of the rules of procedure and to answer follow‑up questions.

Administrative note Staff confirmed a quorum was present (three of the four board members) and moved the meeting to the posted agenda.