Abeytas/Sabinal Special Zoning District
OPEN MEETINGS ACT
RESOLUTION 2023–01
A resolution concerning governing body meetings and the public notice required
WHEREAS, The Governing Body of the Abeytas/Sabinal Special Zoning District met in regular session at the Sabinal Community Center, 753 HWY 116, Bosque, NM 87006, on 29 November 2023; and
WHEREAS, Section 10–15–1 (B) NMSA 1978 provides that “All meetings of a quorum of members of any board, commission, administrative adjudicatory body or other policymaking body of any state agency or authority of any county, municipality, district, or any political subdivision held for the purpose of formulating public policy, discussing public business, or for the purpose of taking any action within the authority of such body, are declared to be public meetings, open to the public at all times, except as otherwise provided in the Constitution of New Mexico or the provision of the Open Meetings Act”; and
WHEREAS, Section 10–15–3 (A) NMSA 1978 provides that “No resolution, rule, regulation, ordinance or action of any board, commission, committee or other policymaking body shall be valid unless taken or made at a meeting held in accordance with the requirements of Section 10–15– 1 NMSA 1978)”; and,
WHEREAS, Section 10–15–4, NMSA 1978 provides that “Any person violating any of the provisions of Section 10–15–1 or 10–15–2 NMSA 1978 is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than five hundred dollars ($500);”,
WHEREAS, Section 10–15–19 (D) requires that “Any meetings at which the discussion or adoption of any proposed resolution, rule, regulation, or formal action occurs, and which a majority or quorum of the body is in attendance and any closed meetings shall be held only after reasonable notice to the public. The affected body shall determine at least annually in a public meeting what notice for a public meeting shall be reasonable when applied to that body.”
NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Abeytas/Sabinal Special Zoning District that:
1. Notice shall be given Seventy-Two (72) hours in advance of any regular meeting of a quorum of the members of the Governing Body. A draft agenda will be sent to the press no later that the Wednesday morning before a regular meeting of a quorum of the members of the Governing Body.
2. The regularly scheduled meetings of the Governing Body will be held at 6:00 PM on the second and fourth Wednesday of each month at a location to be announced. In the event that the regular meeting date falls on a legal holiday, the Governing Body shall designate an alternate meeting date and/or time to be published as provided in this resolution. In the event that a regular meeting of the Governing Body is changed to a different location, advance notice of the meeting location shall be published as provided in this resolution .
A member of the Governing Body may participate in a meeting of the Governing Body virtually using electronic means when it is otherwise difficult or impossible for the member to attend the meeting in person, provided that each member participating can be identified when speaking, all participants are able to hear each other at the same time, and members of the public attending the meeting are able to hear any member of the Governing Body who speaks during the meeting.
3. Notice shall be given at least three (3) days in advance of any special meeting of a quorum of the members of the Governing Body held for the purpose of discussing public business or taking any formal action within the authority of such body.
4. The notice requirements of Section 1, 2 and 3 of this resolution are complied with if notice of the date, time, place, and subject matter of any regular or special meeting are published. Additionally, the notice shall contain information on how the public may obtain a copy of the meeting agenda, set agenda to be at least seventy two (72) hours prior to the meeting. “Publish“ means printing in a newspaper with circulation available in the affected area. If such a newspaper is a non-daily paper, which will not be circulated to the public in time to meet publication requirements, or if no such newspaper exists, “publish“ shall mean posting in at least six (6) public places within the affected area and the website.
5. Within the time limit specified a meeting notice shall be posted at the following locations:
Sabinal Community Center
Sabinal Fire Station
Abeytas Fire Station
Bosque Post Office
Socorro Defensor Chieftain and Valencia County News Bulletin
Web Page www.Abeytas-SabinalZoningDistrict.com
Written requests for meeting notices made by federally licensed broadcast stations and newspapers of general circulation in the affected area shall be honored.
6. Notwithstanding any other provision of Sections 1 through 4 of this Resolution, the Governing Body may establish such additional notice requirements as may be deemed proper and advisable to comply with the provisions of the Open Meetings Act.
7. The Governing Body of the Abeytas/Sabinal Special Zoning District may close a meeting to the public only pursuant to the exclusions contained in Section 10–15–1, Subsection H, NMSA 1978. If a meeting is closed during an open meeting, such disclosure, shall be approved by majority vote taken during the open meeting. The authority for the closed meeting and subjects to be discussed shall be stated with reasonable specificity in the motion to close and the vote of each individual member on the motion to close shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in the closed meeting. If the closed meeting is called when the Governing Body is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstances, stating the specific provision of law authorizing the closed meeting and the subjects to be discussed with reasonable specificity, is given to the members and the general public. Following completion of any close meeting, the minutes of the open meeting, that was closed, or the minutes of the next open meeting if the closed meeting was separately scheduled, shall state whether the matters discussed in the closed meeting were limited only to those specified in the motion or notice for closure. Except as provided in section 10–15–1 (H) of the Open Meetings Act, any action taken as a result of discussions in the closed meeting shall be made by vote of the Governing Body in an open meeting.
8. Notwithstanding any other provision of Sections 1-7 of this Resolution, the Governing Body may call an emergency meeting. Emergency meetings will be called only under unforeseen circumstances, which demand immediate action to protect the health, safety, and property of the citizens, or to protect the Special Zoning District from substantial financial loss. Emergency meetings will otherwise be avoided. Emergency meetings may be called upon twenty-four (24) hours’ notice unless threats of personal injury or property damage require less notice. The notice for all emergency meetings shall include an agenda for the meeting or information on how the public may obtain a copy of the agenda.
PASSED, APPROVED AND ADOPTED THIS DATE BY THE GOVERNING BODY OF THE ABEYTAS/SABINAL SPECIAL ZONING DISTRICT, SOCORRO COUNTY, NEW MEXICO.
Abeytas/Sabinal Special Zoning District Governing Body
Al Sandoval
Chairman
Andrew Salas
Member
Joe Tibbets
Member
Tony Black
Member
Joe Leyba
Member
ATTEST
Stephanie Russo Baca
Legal counsel
Abeytas/Sabinal Special Zoning District
OPEN MEETINGS ACT
RESOLUTION 2023–01
A resolution concerning governing body meetings and the public notice required
WHEREAS, The Governing Body of the Abeytas/Sabinal Special Zoning District met in regular session at the Sabinal Community Center, 753 HWY 116, Bosque, NM 87006, on 29 November 2023; and
WHEREAS, Section 10–15–1 (B) NMSA 1978 provides that “All meetings of a quorum of members of any board, commission, administrative adjudicatory body or other policymaking body of any state agency or authority of any county, municipality, district, or any political subdivision held for the purpose of formulating public policy, discussing public business, or for the purpose of taking any action within the authority of such body, are declared to be public meetings, open to the public at all times, except as otherwise provided in the Constitution of New Mexico or the provision of the Open Meetings Act”; and
WHEREAS, Section 10–15–3 (A) NMSA 1978 provides that “No resolution, rule, regulation, ordinance or action of any board, commission, committee or other policymaking body shall be valid unless taken or made at a meeting held in accordance with the requirements of Section 10–15– 1 NMSA 1978)”; and,
WHEREAS, Section 10–15–4, NMSA 1978 provides that “Any person violating any of the provisions of Section 10–15–1 or 10–15–2 NMSA 1978 is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than five hundred dollars ($500);”,
WHEREAS, Section 10–15–19 (D) requires that “Any meetings at which the discussion or adoption of any proposed resolution, rule, regulation, or formal action occurs, and which a majority or quorum of the body is in attendance and any closed meetings shall be held only after reasonable notice to the public. The affected body shall determine at least annually in a public meeting what notice for a public meeting shall be reasonable when applied to that body.”
NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Abeytas/Sabinal Special Zoning District that:
1. Notice shall be given Seventy-Two (72) hours in advance of any regular meeting of a quorum of the members of the Governing Body. A draft agenda will be sent to the press no later that the Wednesday morning before a regular meeting of a quorum of the members of the Governing Body.
2. The regularly scheduled meetings of the Governing Body will be held at 6:00 PM on the second and fourth Wednesday of each month at a location to be announced. In the event that the regular meeting date falls on a legal holiday, the Governing Body shall designate an alternate meeting date and/or time to be published as provided in this resolution. In the event that a regular meeting of the Governing Body is changed to a different location, advance notice of the meeting location shall be published as provided in this resolution .
A member of the Governing Body may participate in a meeting of the Governing Body virtually using electronic means when it is otherwise difficult or impossible for the member to attend the meeting in person, provided that each member participating can be identified when speaking, all participants are able to hear each other at the same time, and members of the public attending the meeting are able to hear any member of the Governing Body who speaks during the meeting.
3. Notice shall be given at least three (3) days in advance of any special meeting of a quorum of the members of the Governing Body held for the purpose of discussing public business or taking any formal action within the authority of such body.
4. The notice requirements of Section 1, 2 and 3 of this resolution are complied with if notice of the date, time, place, and subject matter of any regular or special meeting are published. Additionally, the notice shall contain information on how the public may obtain a copy of the meeting agenda, set agenda to be at least seventy two (72) hours prior to the meeting. “Publish“ means printing in a newspaper with circulation available in the affected area. If such a newspaper is a non-daily paper, which will not be circulated to the public in time to meet publication requirements, or if no such newspaper exists, “publish“ shall mean posting in at least six (6) public places within the affected area and the website.
5. Within the time limit specified a meeting notice shall be posted at the following locations:
Sabinal Community Center
Sabinal Fire Station
Abeytas Fire Station
Bosque Post Office
Socorro Defensor Chieftain and Valencia County News Bulletin
Web Page www.Abeytas-SabinalZoningDistrict.com
Written requests for meeting notices made by federally licensed broadcast stations and newspapers of general circulation in the affected area shall be honored.
6. Notwithstanding any other provision of Sections 1 through 4 of this Resolution, the Governing Body may establish such additional notice requirements as may be deemed proper and advisable to comply with the provisions of the Open Meetings Act.
7. The Governing Body of the Abeytas/Sabinal Special Zoning District may close a meeting to the public only pursuant to the exclusions contained in Section 10–15–1, Subsection H, NMSA 1978. If a meeting is closed during an open meeting, such disclosure, shall be approved by majority vote taken during the open meeting. The authority for the closed meeting and subjects to be discussed shall be stated with reasonable specificity in the motion to close and the vote of each individual member on the motion to close shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in the closed meeting. If the closed meeting is called when the Governing Body is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstances, stating the specific provision of law authorizing the closed meeting and the subjects to be discussed with reasonable specificity, is given to the members and the general public. Following completion of any close meeting, the minutes of the open meeting, that was closed, or the minutes of the next open meeting if the closed meeting was separately scheduled, shall state whether the matters discussed in the closed meeting were limited only to those specified in the motion or notice for closure. Except as provided in section 10–15–1 (H) of the Open Meetings Act, any action taken as a result of discussions in the closed meeting shall be made by vote of the Governing Body in an open meeting.
8. Notwithstanding any other provision of Sections 1-7 of this Resolution, the Governing Body may call an emergency meeting. Emergency meetings will be called only under unforeseen circumstances, which demand immediate action to protect the health, safety, and property of the citizens, or to protect the Special Zoning District from substantial financial loss. Emergency meetings will otherwise be avoided. Emergency meetings may be called upon twenty-four (24) hours’ notice unless threats of personal injury or property damage require less notice. The notice for all emergency meetings shall include an agenda for the meeting or information on how the public may obtain a copy of the agenda.
PASSED, APPROVED AND ADOPTED THIS DATE BY THE GOVERNING BODY OF THE ABEYTAS/SABINAL SPECIAL ZONING DISTRICT, SOCORRO COUNTY, NEW MEXICO.
Abeytas/Sabinal Special Zoning District Governing Body
Al Sandoval
Chairman
Andrew Salas
Member
Joe Tibbets
Member
Tony Black
Member
Joe Leyba
Member
ATTEST
Stephanie Russo Baca
Legal counsel