Open Meetings Resolution

Pojoaque Valley School District

Open Meetings Act Resolution

2022-2023

WHEREAS, the Board of Education (the "Board") for the Pojoaque Valley Schools (the "District") met in regular session on August 18, 2022, at 5:30 p.m.; and

WHEREAS, the Open Meetings Act (NMSA 1978, $$ 10-15-1 to -4) requires that, when a quorum of the Board meets to formulate public policy, discuss public business or take any action within the authority or delegated authority of the Board, then the meeting must be open to the public, except as otherwise provided in the New Mexico Constitution or the Open Meetings Act; and

WHEREAS, meetings subject to Open Meetings Act requirements and not subject to any exceptions shall be held only after reasonable notice to the public, and the Open Meetings Act requires the Board to determine annually what constitutes reasonable notice (See § 10-15-1 (D)); and

NOW, THEREFORE, BE IT RESOLVED by the Pojoaque Valley Schools Board or Education that:

1. Regular Meetings. All regular meetings of the Board will be held at the Administration Office,

Sammy J. Quintana Community/Board Room at 1574 State Road 502, Santa Fe, New Mexico 87506 at 5:30 p.m., on the first (2nd) and fourth (4th), Wednesday of each month, or as otherwise specified on the meeting notice.

2. Special Meetings. In addition to conducting regular Board meetings, the Board may conduct a

special meeting upon the call of the Board President or request of a majority of the members.

3. Reasonable Notice for Regular and Special Meetings. At least seventy-two (72) hours prior to a

regular meeting or special meeting, a meeting notice will be available to the public at the Administration Office, 1574 State Road 502, Santa Fe, New Mexico 87506, and posted on the Pojoaque Valley School District website at: https://pvs.k12.nm.us/. Notices and agendas also may be posted at school sites and District buildings. Copies of the written notice also will be mailed, emailed, or faxed to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation that have made a written request for notice of public meetings. See § 10-15-1(F). date. The notice shall include an agenda or indicate how a copy of the agenda may be obtained.

4. Notification of Accessibility. All meeting notices also shall substantively include the following:

"If you are an individual with a disability who is in need of a reader, amplifier, qualified State of New Mexico sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the Administration Office at (505) 455-2282 at least one (1) week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the Administration Office at (505) 455-2282 if a summary or other type of accessible format is needed.”

5. Closed Meetings. The Board may close a meeting that is open to the public only if the subject

matter of such discussion or action is exempted from the Open Meetings Act. See § 10-15-1(H). Moreover:

a. Prior to closing an open meeting, approval for the closure must be by a majority vote of a

quorum of the Board. The authority for the closed meeting and the 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 for closure may be discussed in a closed meeting.

b. Prior to conducting a closed meeting at a time when the Board will not be in an open meeting,

the Board must provide a public meeting notice that (i) is appropriate for the circumstances; (ii) specifies the legal authority for the closed meeting; and (iii) states with reasonable specificity the subjects to be discussed in the closed meeting.

c. Following completion of any closed 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 that the matters discussed in the closed meeting were limited only to those specified in the motion or notice for closure.

d. Except as provided in the Open Meetings Act, any action taken as a result of discussions in a closed meeting shall be made by vote of the Board in an open public meeting where required by § 10-15-1 (H).

6. Emergency Meetings. With less than seventy-two (72) hours notice, emergency meetings may be

called under unforeseen circumstances that demand immediate action to protect against a threat of injury to persons, a threat of damage to property or a threat of substantial financial loss to the Board. Within ten (10) days of taking action on an emergency matter, the Board shall report to the Attorney General's Office the action taken and the circumstances creating the emergency, unless a state or national emergency was declared. See $10-15-1 (F).

7. Recessing and Reconvening. The Board may recess and reconvene a meeting to a day subsequent

to the date stated in the original meeting notice if, prior to recessing, the Board specifies the date, time, and place for continuing the meeting and, immediately after recessing, posts notice of the date, time, and place for continuing the meeting. See $10-15-1 (E).

8. Minutes. On behalf of the Board, draft meeting minutes will be prepared ten school days after the

Board meeting and will contain, at a minimum, the date, time and place of the meeting, the names of Board members in attendance and those absent, the substance of the proposals considered, and a record of decisions and votes taken that show how each member voted. Meeting minutes will be approved, amended, or disapproved at the next meeting attended by a

quorum of the Board. The Board will maintain minutes that have been acted upon, and the minutes will be subject to public inspection. See § 10-15-1(G).

9. Telephone or Telecommunications Equipment for Remote Attendance. When it would be

difficult or impossible for any Board member to attend any meeting in person:

a. the Board will authorize the Board member to participate through the use of a telephone

or telecommunications equipment;

b. District staff will set up equipment at the meeting that allows: (i) the board member to be identified when speaking; (ii) all participants to hear each other at the same time; and (iii) members of the public attending the meeting to hear the Board member speaking; and

c. such participation shall be deemed equivalent to in-person attendance. See 10-15-1(C).

10. The Board of Education recognizes that, in a small community, Board members will

occasionally attend social events, community functions, school activities or programs, athletic events or meetings of other groups or entities, or be present at local commercial establishments. In the event a quorum of the membership of the Board is present on such occasions, a violation of this Resolution and the Open Meetings Act does not occur so long as the board members do not discuss amongst themselves school business or prospective board actions as described in this Resolution. By adoption of this Resolution, each member represents and agrees to abide by these limitations and not to engage in such discussions outside the context of a properly called board meeting, which complies with the Open Meetings Act.

Passed on this 18th day of August 2022:

Pojoaque Valley Schools Board of Education

Toby G.Velasquez, Board President

Susan Quintana, Board Secretary

Official Copy of Open Meetings Act Resolution 2022-2023