MIAMI DOMESTIC WATER USERS ASSOCIATION (MDWUA)
RESOLUTION NO: 2018-B
WHEREAS, the Miami Domestic Water Users Association is a public, nonprofit organization incorporated pursuant to the Sanitary Projects Act wishes to conduct business openly and in view or our members and the public as required by law; and
WHEREAS, Section 10-15-1(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, discussing public business or for 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 MDWUA Board of Directors to determine annually what constitutes reasonable notice of its public meetings;
NOW, THEREFORE, BE IT RESOLVED by the MDWUA Board of Directors that:
1. The annual MDWUA membership meeting shall be held at the Miami Volunteer Fire Station at 1:00 p.m. on Saturday, July 28, 2018. The agenda will be available at least seventy-two (72) hours prior to the meeting from the Board President, Mike Vigil by contacting him at 575-459-0257.
2. Unless otherwise specified, regular meetings shall be held each month at the Miami Water House or the Miami Volunteer Fire Station at 6:30 p.m. on the third Tuesday of the month. The agenda will be available at least twenty-four hours prior to the meeting from the Board President, Mike Vigil by contacting him at 575-459-0257. Notice of any other regular meetings will be given ten days in advance of the meeting date. The notice shall indicate how a copy of the agenda may be obtained.
3. Special meetings may be called by the Chairman or a majority of the members upon three 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 twenty-four hours before any special meeting.
4. 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 MDWUA Board of Directors will avoid emergency meetings whenever possible. Emergency meetings may be called by the Chairman or a majority of the members upon twenty-four 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.
5. For the purposes of regular meetings described in paragraph 2 of this resolution, notice requirements are met if notice of the date, time, place and agenda is placed in newspapers of general circulation in the state and/or posted in the Miami Water House window and the Miami Fire Department. Copies of the written notice shall also be mailed 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.
6. For the purposes of special meetings and emergency meetings described in paragraphs 3 and 4 of this resolution, notice requirements are met if notice of the date, time, place and agenda is provided by telephone to the Raton Range, KRTN Radio Station and posted in the Miami Water House window and the Miami Fire Department window. 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.
7. 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 Board President Mike Vigil, by mail at HC 61 Box 8, Miami, NM 87729 or by telephone at 575-483-0188 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 Board President Mike Vigil, by mail at 2153A Hwy 21, Miami, NM 87729 or by telephone at 575-459-0257 if a summary or other type of accessible format is needed.
8. The MDWUA Board of Directors may close a meeting to the public only if the subject matter of such discussion or action is excepted 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 MDWUA Board of Directors taken during the open meeting. 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 may be discussed in the closed meeting.
(b) If a closed meeting is conducted when the MDWUA Board of Directors 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 MDWUA Board of Directors in an open public meeting.
Passed by the MDWUA Board of Directors this 15th day of May, 2018
Mike Vigil, President
Josephine Duran, Vice-President
Mary Lou Sedillo, Secretary/Treasurer
Barry Potter, Board Member
Hal Porter, Board Member
David Salas, Board Member
Daniel Vigil, Board Member
