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County attorney’s OMA/IPRA refresher stresses quorum, notice and public-records duties
Summary
At a Nov. meeting, county staff delivered a refresher on New Mexico’s Open Meetings Act and Inspection of Public Records Act, emphasizing quorum rules, required notice and agenda publication, the 10-day calendar practice, and the obligation to preserve and produce public records.
County staff presented a refresher on New Mexico’s Open Meetings Act (NMSA Ch. 10 §15) and the Inspection of Public Records Act during the Los Alamos County Library Board meeting, reminding board members that presentations and deliberations about public business trigger the same public‑meeting rules as votes.
Katie, the county presenter, told the board that four elements are required for a lawful public meeting: a quorum of appointed voting members, reasonable public notice (county practice uses an annual calendar to satisfy the 10‑day notice), an agenda posted at least 72 hours before the meeting, and written minutes prepared within 10 working days that list attendance and any votes. "When you are discussing public business, whether or not you take action, that triggers the requirements under the Open Meetings Act," she said.
She warned that sequential or copied communications that together include a quorum can form a prohibited "rolling or walking quorum." Katie advised boards to use one‑way communications (for example, sending materials with an instruction not to "reply all") to avoid inadvertent quorum violations. On accountability, she said individual board members — not the county entity — can be held responsible for violations and noted that, in extreme cases, intentional circumvention has been prosecuted as a misdemeanor carrying fines up to $500.
On records law, Katie summarized IPRA’s broad definition of public records — including emails, slides and recordings — and typical exceptions such as medical (HIPAA) and active criminal‑investigation files. She recommended board members consider using a dedicated email account for board business to simplify searches and production in the event of a records request. Katie also pointed board members to guidance published by the state attorney general’s office (now the Department of Justice) for practical compliance examples.
Board members asked whether the county could provide designated email accounts for appointed members; Katie said the county has discussed that and she would follow up with more information. The training closed with an invitation to contact county staff for further guidance and with a reminder that failure to follow OMA can render actions invalid and expose members to disciplinary or legal consequences.
The board did not take action on the training; it was an informational presentation.
