WHEREAS, the New Mexico Educational Assistance Foundation (the "Foundation") is required by Section 21-21A-6(E) NMSA 1978, the Educational Assistance Act, to adopt bylaws governing board meetings consistent with Sections 10-15-1 to 10-15-4 NMSA 1978, the Open Meetings Act; and
WHEREAS, the Foundation has adopted the required bylaws; and
WHEREAS, Section 10-15-1(D) of the Open Meetings Act requires that meeting of the Board of Directors shall be held only after reasonable notice to the public, and further, that the Board shall determine at least annually in a public meeting what notice for a public meeting is reasonable when applied to that body;
NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the New Mexico Educational Assistance Foundation, as follows:
Section 1.Publication of Notice of Meetings. Except as provided in Section 2 below, the Secretary of the Foundation, or the Secretary's designee, shall cause a notice of all regular public meetings of the Board of Directors to be published one time in a newspaper of general circulation in New Mexico not less than ten (10) days prior to the date of each such scheduled meeting. The notice shall specify the time, place and date of the meeting, together with a proposed agenda containing a general description of the matters to be discussed at the meeting or information on how the public may obtain a copy of such agenda. Except in the case of an emergency, or emergency meeting, the agenda shall be available to the public and posted on the Foundation's website at least seventy-two (72) hours before the meeting. The notice shall also be provided to broadcast stations licensed by the Federal Communications Commission ("FCC") and newspaper of general circulation that have provided a written request for such notice. In addition, the same notice shall be posted conspicuously in the Foundation offices as soon as the date of the meeting has been set, except that such posting need not be earlier than thirty (30) days prior to the scheduled meeting date. 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 any form of auxiliary aid, service or special assistance, please contact the Foundation at 761-2012.
Section 2.Notice of Special or Emergency Meetings. If, in the opinion of the Chairman of the Board of Directors of the Foundation, a special meeting or emergency meeting, as defined in the Bylaws, is required, the Secretary or the Secretary's designee shall cause notice to be given as follows:
Section 3.Closed Meetings. The Board may close a meeting to the public only if the subject matter of such discussion or action is exempted from the open meeting requirement set forth in Section 10-15-1(H) of the Open Meetings Act.
Section 4. Telephonic Participation. Members of the Board of Directors or any committee designated thereby may participate in a meeting of the Board of Directors or committee of the Board by means of a conference telephone or similar communications equipment when it is otherwise difficult or impossible for a member to attend the meeting in person, provided that each member participating by conference telephone 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 Board of Directors who speaks during the meeting.
Section 5. Continuation of Resolution. Subject to Section 10-15-1(D) of the Open Meetings Act, this Resolution shall continue in full force and effect until amended or until the adoption of another superceding Open Meetings Act Resolution by the Board of Directors in a public meeting. The foregoing Resolution of the New Mexico Educational Assistance Foundation was adopted and approved by the Board of Directors of the Foundation on June 24, 2013.
NEW MEXICO EDUCATIONAL ASSISTANCE FOUNDATION