Non-Action Items 9.
Legal Committee
- Meeting Date:
- 08/31/2026
COMMITTEE:
Legal
CONTACT:
C. Josh Nairn-Mahan
CHAIR:
Cristina Arnold
ACTION REQUESTED:
Discussion: Remote Appearance for Open Meetings. (Garcia)
BACKGROUND:
The Open Meetings Act does not independently authorize members of a public body to participate in meetings by telephone or similar communications technology. However, when separate legal authority permits remote participation, members may attend by conference telephone if they can be identified while speaking, all participants can hear one another simultaneously, and the public can hear any member who speaks during the meeting. Remote participation is intended only for situations in which in-person attendance is difficult or impossible due to circumstances beyond the member’s control. The Attorney General’s guidance emphasizes that the purpose of the Act is best served through in-person attendance whenever feasible, and that telephone participation should not be used merely for convenience, efficiency, or cost savings. Excessive reliance on remote participation may undermine the transparency and public accessibility objectives of open government laws. Under New Mexico's Open Meetings Act, a "member of a public body" is an individual who serves on a governmental board, commission, council, committee, authority, or other policymaking body that is subject to the Act.
FINANCIAL CONSIDERATION:
None at this time,
LEGAL REVIEW:
This was submitted for Legal review.
BOARD AND COMMITTEE ACTION:
No Board or Committee action is needed.
STAFF RECOMMENDATION:
Proceed as presented.