Legal Notices-Government

WHEREAS, Southern Sandoval County Arroyo Flood Control Authority (SSCAFCA) met in regular session at its office located at 1041 Commercial Drive SE, Rio Rancho, New Mexico on Monday, January 3, 2022 at 9:00 a.m., as per law; and

WHEREAS, NMSA 1978, Section 72-19-16 (1990) (Meetings of Board), requires the Governing Body to establish the annual schedule of regular meetings at the first meeting in January of each year; and

WHEREAS, NMSA 1978, Section 10-15-1B (1974 as amended), of the Open Meetings Act states that, except as otherwise provided in the Constitution of New Mexico or the provisions of the Open Meetings Act, all meetings of a quorum of members of any board, commission or other policy-making body of any state agency, any 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 or the delegated authority of such body, are declared to be public meetings open to the public at all times; and

WHEREAS, Section 10-15-1D of the Open Meetings Act states that 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 10-15-1D of the Open Meetings Act further requires SSCAFCA to determine annually what constitutes reasonable notice of its public meetings;

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of SSCAFCA that:

2. Regular meetings

(a) Unless otherwise specified, regular meetings shall be held on the third Thursday of each month at 9:00 a.m., with the exception of January in which an additional regular meeting will be held on the first business day following the first day of January. Agendas for each meeting shall be available at least seventy-two (72) hours prior to the meeting at SSCAFCA’s office and on SSCAFCA’s website, www.sscafca.org.

(b) Notice requirements for regular monthly meetings shall be met by a one-time, annual publication of this Resolution in newspapers of general circulation, and by posting this Resolution in a conspicuous and appropriate place at SSCAFCA’s office. This Resolution shall also be posted to SSCAFCA’s website www.sscafca.org. So long as the regular meetings are held on the days and times set forth in paragraph 2(a), the publication and posting of this Resolution shall constitute reasonable and appropriate notice of each regular meeting of the Board. SSCAFCA shall also provide 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.

(c) Notice of any other regular meeting shall be given at least seven (7) days in advance of the meeting date.

3. Special meetings may be called by the Chairman or a majority of the members of the Board of Directors upon a three (3) day notice.

4. Emergency meetings will be called only under circumstances which demand immediate action to protect the health, safety and property of citizens. SSCAFCA will avoid emergency meetings whenever possible. Emergency meetings may be called by the Chairman or a majority of the members of the Board of Directors upon twenty-four (24) hour notice, unless threat of personal injury or property damage requires less notice.

(a) If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the SSCAFCA Board taken during the open meeting. The authority for the closure and the subjects to be discussed shall be stated in the motion for closure and the vote on closure of each individual board member shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in a closed meeting; and

(b) If the decision to hold a closed meeting is made when SSCAFCA is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstances and stating the specific provision of law authorizing the closed meeting and the subjects to be discussed, is given to the Board members and to the general public; and

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

PASSED, ADOPTED AND SIGNED this 3rd day of January 2022.

Journal: January 30, 2022