Legal Notices-Government

WHEREAS, Section 10-13-1(B) of the Open Meetings Act (NMSA§1978, sections 10-15-1 to -4) states that, except as may be otherwise provided in the Constitution or the provisions of the Open Meetings Act, all meetings of a quorum of members of any board, council, commission, administrative adjudicatory body or other policymaking body of any state or local public agency held for the purpose of formulating public policy, including the purpose of taking any action within the authority of or the delegated authority of such body, are declared to be public meetings open to the public at all times; and

WHEREAS, any meetings subject to the Open Meetings Act at which the discussion or adoption of any proposed resolution, rule, regulation or formal action occurs shall be held only after reasonable notice to the public, and;

WHEREAS, section 10-15-1(D) of the Open Meetings Act requires the Board to determine annually what constitutes reasonable notice of its public meetings;

NOW, THEREFORE, BE IT RESOLVED by the Board of Education of the Quemado Independent School District #2 that:

1. All meetings shall be held at either Quemado or Datil Schools at 5:00 as follows:

2022-2023 Board Meetings

Quemado Independent School District #2

DATE TIME LOCATION

July 18, 2023 5:00 p.m. Quemado

August 15, 2023 5:00 p.m. Quemado

September, 29, 2023 5:00
p.m. Datil

October 17, 2023 5:00 p.m. Quemado

November 21, 2023 5:00 p.m. Datil

December 19 2023 5:00 p.m. Quemado

January 16, 2024 5:00 p.m. Datil

February 20, 2024 5:00 p.m. Quemado

March 19, 2024 5:00 p.m. Datil

April 16, 2024 5:00 p.m. Quemado

May 21, 2024 5:00 p.m. Datil

June 18, 2024 5:00 p.m. Quemado

2. Unless otherwise specified, regular meetings shall by held each month on the third Tuesday. The agenda will be available at least seventy-two (72) hours prior to the meeting from the Superintendent, whose office is located in Quemado, New Mexico. Notice of any other regular meetings will be given ten (10) days in advance of the meeting date. The notice shall indicate how a copy of the agenda may be obtained.

3. The Board of Education may hold work meetings.

4. Special meetings may be called by the President/Chair or a majority of the members upon three (3) days notice. The notice shall include an agenda for the meeting or information on how members of the public may obtain a copy of the agenda. The agenda shall be available to the public at least seventy-two (72) hours before any special meeting.

5. Emergency meetings will be called only under unforeseen circumstances that demand immediate action to protect the health, safety and property of citizens or to protect the public body from substantial financial loss. The Board will avoid emergency meetings whenever possible. Emergency meetings may be called by the President/Chair or a majority of the members upon twenty-four (24) hours notice, unless threat of personal injury or property damage requires 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.

6. For the purposes of regular meetings described in paragraph 2 of this resolution, notice requirements are met if the Open Meetings Resolution is published once in the Defensor Chieftain and notice of the date, time, place and how to obtain an agenda is posted in the following locations for regular meetings: Datil Post Office, Fence Lake Post Office, Pie Town Post Office and Quemado Post Office and on the Quemadoschools.org Web-site. The Board Secretary shall also mail copies of the written notice to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation which have made a written request for notice of public meetings.

7. For the purpose of work meetings, notice requirements are met if notice of the date, time, place and how to obtain an agenda is posted following locations: Datil Post Office, Fence Lake Post Office, Pie Town Post Office and the Quemado Post Office and on the Quemadoschools.org Web-site. The Board Secretary shall also mail copies of the written notice to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation which have made a written request for notice of public meetings.

8. For the purposes of special meetings and emergency described in paragraphs 3 and 4 of this resolution, notice requirements are met if notice of the date, time, place and how to obtain an agenda is posted in the Datil Post Office, Fence Lake Post Office Pie Town Post Office and the Quemado Post Office and on the Quemadoschools.org Web-site. Telephone notice also shall be given 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.

9. In addition to the information specified above, all notices shall include the following language:

If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service

to attend or participate in the hearing or meeting, please contact David Lackey at least one 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 David Lackey at Quemado Schools if a summary or other type of Accessible format is needed.

10. The Board may close a meeting to the public only if the subject matter of such discussion or action is accepted from the open meeting requirement under Section 10-15-1(H) of the Open Meetings Act.

(a) If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the board taken during the open meeting. The authority for the closure 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 may be discussed in the closed meeting.

(b) If a closed meeting is conducted when the Board 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 to the general public.

(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 whether 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 Section 10-15-1(H) of 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.

11. The board recognizes that 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 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 duly-called board meeting that complies with the Open Meetings Act.

Passed by the Board of Education of the Quemado Independent School District #2 this 20th day of June, 2023.

/s/Tim Hendricks
President/Chair

/s/Eileen Dodds
Vice President/Chair

/s/Carmelita Chavez
Secretary

/s/Nacona Cline
Member

/s/Alan Guthridge
Member