2.8. MEETINGS – PROCEDURES FOR CONDUCT

Procedures followed by the Board in calling and conducting its meetings will conform to the Open Meetings Act (OMA), Public Education Department Regulations and adopted Board policies and resolutions.

2.8.1. REGULAR MEETINGS

Under the provisions of NMSA 1978 Section 22-5-12A, the Board must hold at least one regular meeting each calendar month. The date, time, and place of the regular Board meeting shall be established by Board action that shall be announced to the public pursuant to the requirements of the OMA. (See Section 2.8.4. “Public Notice” below.)

The regular monthly meetings of the Board of Education shall be held on the 2nd and 4th Tuesday of each month in the administrative office boardroom, unless otherwise announced. The first meeting of the month shall be primarily devoted to policy issues and policy development. The second meeting of the month shall be primarily devoted to business and financial matters. The time of day is to be designated by the Board. All meetings shall be open to the public except while the Board is meeting in an Executive Session if permitted by the OMA. Whenever there will be a change in the date of the regular board meeting, proper notice will be given as outlined in the District’s Open Meetings Notice Resolution.

2.8.2. SPECIAL OR EMERGENCY MEETINGS

The Board President or Superintendent may call a special or emergency meeting as needed by giving actual notice to each Board member of the time and place of the meeting and the subjects to be considered. If reasonable efforts to give each member actual notice do not succeed, written notice in advance should be given to each member in a manner, which is likely to afford actual notice. Public notice of special or emergency meetings shall be given as required by the Open Meetings Act and local policy and resolution.

2.8.3. ORGANIZATION OF THE BOARD

Reorganization of the Board, at which the officers of the Board are chosen, shall occur annually at the first meeting of the Board during the month of March. The Board will schedule a special meeting on the first Tuesday of March for the sole purpose of selecting officers of the Board. Newly elected Board members shall qualify for and assume office at the first meeting of the Board in March, whether regular or special, following a board election by administration of the required oath of office.

The highest-ranking officer of the Board, who is still a sitting member of the Board, will call the reorganization meeting to order following a Board election. The Board shall then elect a president who will preside over the remainder of the meeting, at which the vice-president and secretary are elected. The officers shall hold office until the next reorganization of the Board.

2.8.4. PUBLIC NOTICE

Section 10-15-1, NMSA 1978, provides that any meeting of a quorum of the Members of a School Board held for the purpose of formulating public policy, discussing public business, including the development of personnel rules, regulations or policies, or taking action within the authority of the Board, or 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. In accordance with the Open Meetings Act, the Board shall establish by policy or resolution, at least annually, what constitutes reasonable notice for each of its meetings.

In October of each year at its regular policy meeting, the Board of Education will review and approve its policy and resolution regarding notice of its meetings in compliance with the Open Meetings Act. Subsequently, the Board will publish the resolution in a newspaper of general circulation in the local community.

A copy of the Open Meetings Notice Resolution as published will be kept on file in the Superintendent’s Office. The language of the resolution is as follows:

The Los Lunas Schools Board of Education met in regular session on October __________at 6:00 p.m. Section 10-15-1(B) of the Open Meetings 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 or other policy-making body of any state or local public agency held for the purpose of formulating public policy, discussing public business, including the development of personnel rules, regulations or policies, 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. Section 10-15-1(C) of the Open Meetings Act requires the Los Lunas Schools Board of Education to determine annually what constitutes reasonable notice of its public meetings.

1. All meetings shall be held in the Board Room of the Los Lunas Schools Administration Building, 119 Luna Avenue, Los Lunas, New Mexico at 6:00 p.m. or as otherwise indicated on the meeting notice.

2. Unless otherwise specified, regular meetings shall be held the second and fourth Tuesday of each month. A proposed agenda will be available at least seventy-two (72) hours prior to the meeting from the office of the Superintendent of Schools, whose office is located in the Los Lunas Schools Administration Building, 119 Luna Avenue, Los Lunas, 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. Special meetings may be called by the President or a majority of the members of the School Board 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.

4. Emergency meetings will be called only under unforeseen circumstances, which demand immediate action to protect the health, safety of persons or property. The Los Lunas Schools Board of Education will avoid emergency meetings whenever possible. For purposes of this resolution, "emergency" refers to unforeseen circumstances that, if not addressed immediately by the public body, will likely result in injury or damage to persons or property or substantial financial loss to the public body. Within ten days of taking action on an emergency matter, the public body shall report to the attorney general's office the action taken and the circumstances creating the emergency; provided that the requirement to report to the attorney general is waived upon the declaration of a state or national emergency.

Emergency meetings may be called by the President or a majority of the members upon twenty-four (24) hours' notice, unless the 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 regarding how the public may obtain a copy of the agenda.

5. For the purposes of regular meetings described in paragraph two of this resolution, notice requirements are met if notice of the date, time, place and specific items of business to be discussed or transacted at the meeting is posted on the Los Lunas Schools District Web Page, posted outside the district administration board room, at school sites, district departments, and inside the main lobby door of the district administration office.

Written notices of meetings shall be sent by first class mail, email or facsimile transmission to a newspaper having general circulation in the school district and to radio stations that have requested such notices.

6. For the purposes of special meetings and emergency meetings described in paragraphs three and four of this resolution, notice requirements shall be met if notice of the date, time, place and subject matter to be discussed is posted on the Los Lunas Schools District Web Page, posted outside the district administration boardroom, at school sites, district departments, and inside the main lobby door of the district administration office. Written notice of special or emergency meetings shall be sent by email or facsimile transmission to a newspaper having general circulation in the school district, and to radio stations that have requested such notices.

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 the Superintendent’s office at least one week prior to the meeting or as soon as possible so that appropriate arrangements may be made.

8. The Los Lunas Schools Board of Education may close a meeting to the public only if the subject matter of such discussion or action is exempted 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 for closure and the vote on closure of each individual member shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in a closed meeting.

b. If the decision to hold a closed meeting is made when the Los Lunas
Schools Board of Education is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstance, stating the specific provision of law authorizing the closed meeting and the subjects to be discussed, with reasonable specificity, is given to the members of the Board 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. Where required by Section 10-15-1(H), final action taken as a result of discussions in a closed meeting, shall be made by vote of the Los Lunas Schools Board of Education in an open public meeting.

9. The Los Lunas Schools Board of Education recognizes that, in a small community, board members will occasionally attend social events, community functions, school activities or programs, athletic event 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 Los Lunas Schools Board of Education this _______ day of (month), ____ (year).

President:_______________________________ Member:__________________________

Vice President:__________________________ Member:__________________________

Secretary:_________________________________________

To be published in the Valencia County News Bulletin. ___________________
Date of Publication:

B. Keeping of Minutes and Verification of Records: The Superintendent/Board Executive Assistant shall keep a complete and accurate record of the proceedings of the Board meetings and any other official business of the Board of Education. The official records shall be kept in a fireproof vault in the Superintendent's Office and shall be available for public inspection, in accordance with the Inspection of Public Records Act. The Board Member elected to the position of Board secretary shall attest to the signature of the President on contracts, where required, warrants, and other official documents, when such documents have been approved by the Board.

C. Amendment or Suspension of Rules and Regulations: Any rules of the Los Lunas Schools Board of Education, not specifically dictated by statute, may be suspended or revoked by a majority vote of the Board.

2.8.5. AGENDA

The Board President, in conjunction with the Superintendent, shall prepare an agenda for each meeting in accordance with the Open Meetings Act.

Any Board member may, by noon on the Monday of the week before a Board meeting, request that an item be placed on the agenda.

It shall be the practice of the Board for each Board member to receive a copy of the agenda, and for the agenda to be available for public inspection and/or distribution at least seventy-two (72) hours prior to a noticed meeting. Except for emergency matters, action shall not be taken on an agenda item which does not appear on it at least seventy-two (72) hours prior to a regular or special Board meeting.

It shall be the duty of the Superintendent to have information related to agenda items provided to Board members in advance of the meeting so that the meeting itself can be utilized for discussion and action, rather than reading.

2.8.6. QUORUM

The Board can transact business that is binding on the School District only when it is in session with a quorum of its members present or participating telephonically, as permitted under the Open Meetings Act. An electronic recording or written minutes of the public portions of all regular, special or emergency meetings of the Board must be maintained.

2.8.6.1. TELEPHONIC PARTICIPATION BY BOARD MEMBERS

A member of the Board may participate in a meeting of the Board by means of a telephonic conference or other similar communications equipment when it is otherwise difficult or impossible for the 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 who speaks during the meeting.

2.8.7. ORDER OF BUSINESS

A good board meeting is one that proceeds routinely, smoothly, and without delay.

Agenda items may be considered out of sequence by a majority vote of the Board to amend the agenda. Agenda items may also be deleted by Board Action; however, except for emergency matters, action items cannot be added to the agenda less than 72 hours prior to the Board meeting.

2.8.8. PUBLIC ADDRESS TO THE BOARD

The Los Lunas Board of Education conducts its regularly scheduled Board meetings to receive information and make decisions that serve the needs of the students of the Los Lunas School District. The Board President or presiding officer will conduct these meetings in an orderly manner.
The public is invited and encouraged to attend Board of Education meetings. The Board welcomes and encourages public comment. Public comment, however, may only be made on items that are listed on the Board Agenda.
If a member of the community wishes to have an item placed on the agenda, he or she must submit that request in writing to the Superintendent’s Office no later than 10 days prior to the next regularly scheduled Board Meeting. Pursuant to Section 2.8.5 of this policy, the Board President, in conjunction with the Superintendent, shall prepare an agenda for each meeting in accordance with the Open Meetings Act. At that time, all requests will be reviewed to assess whether the item is properly within the scope of the School Board’s business and is a timely matter for Board consideration as an agenda item. If an item submitted is not to be placed on the Board Agenda, the individual who requested that the item be placed on the agenda will be contacted and directed to the appropriate school department that is best suited to handle such items.

Items placed on the Board agenda will be evaluated as an action item or an informational item and scheduled in the appropriate place on the Board Agenda.

Community members may comment on an item appearing on the agenda, or an item placed on the agenda by a community member, as long as they have filled out the “Public Comment Form”, in accordance with 2.8.9.1 of this policy.

A. The Board of Education for the Los Lunas Schools adopts the procedures and the limits set forth in this Policy pursuant to its responsibility to conduct the business of the School District in an orderly and effective manner and to maintain the decorum and order of Board meetings. Nothing herein shall be construed as prohibiting the Board and/or Board President from employing other and further reasonable measures to ensure the orderly and effective conduct of School District business at Board meetings.

B. The open meetings of the Board of Education for the Los Lunas Schools are traditionally a closed forum with regard to public comment. The Board of Education, at its discretion, may open the forum for public comment, consistent with the requirements of the First Amendment of the U.S. Constitution. This Policy places the public and employees of the School District on notice that the Board of Education creates only a limited open forum for its meetings, in which the Board will only accept public comment when it is placed on its agenda and public comment shall be limited to the subject matter of its agenda items only.

The Los Lunas Schools Board of Education utilizes the agenda for meetings of the Board of Education as the mechanism for public notice of its regular and special meetings and will not take action on any new business items not properly placed on the agenda. In addition, the Board of Education welcomes public participation in scheduled open meetings.
The Board shall not permit comment on any other matters not listed by the Board on the Agenda, and the Board and/or Board President may limit or restrict repetitious public comments of questions not related to an agenda topic.

C. Public comment on limited subject matter at open Board meetings shall be permitted only if the Board’s agenda has a section entitled “Public Comment”, and the Board’s agenda lists the subject matter open for public comment.

There is no obligation or requirement for the Board of Education to have a public comment section on its agenda for every open meeting of the Board of Education. The Board of Education may or may not, at its discretion, place a “Public Comment” session on its agenda for any or all open Board meetings.

D. Individuals who have completed a Public Comment form and submitted it to the Board President prior to the “Public Comment” section of the open meeting will be limited to a comment or presentation of no more than five (5) minutes, unless extended by the Board President.

If a large number of individuals have requested to participate in the “Public Comment” section of the Board meeting, which will excessively extend the Board meeting, the Board President may limit oral presentations to two (2) minutes, may restrict unduly repetitious comments, and may designate a facilitator to control and direct public comment.

E. At the Board meeting, individuals approved for public comment, shall wait to be recognized by the Board President to present his or her comments to the Board of Education. Upon recognition by the Board President to address the Board, the individual will state his or her name, and address, and identify the general topic of his or her remarks. The “Public Comment form” can be obtained from the Superintendent’s Office.

F. Student and employee matters related to an individual student or employees of the School District which are likely to disclose confidential information will not be included on the agenda for an open portion of a Board meeting.

G. Employees wishing to make complaints against their supervisors or administrator are directed to follow the School District’s grievance policy. An employee’s failure to continue his or her complaint under the grievance policy will be deemed to have dropped his or her complaint against a supervisor or administrator.

H. The Superintendent of Schools, or his or her designee, shall develop rules, regulations or procedures to permit members of the public to submit criticisms and complaints against school employees. Such rules shall require an investigation of formal complaints, and shall permit the employee who is the subject of the complaint to respond to such criticism or allegations. The rules shall be designed to afford an effective avenue for parent or citizen complaints, while also protecting the rights of individual employees and the School District.

I. Parents or community members who wish to present a formal complaint against the Superintendent of Schools shall submit the complaint in writing to the Board President, pursuant to Board Policy No. 5.10.

Failure to submit the formal complaint to the Board President in writing may result in the inability of the Los Lunas Schools Board of Education to initiate and complete a proper investigation, or to take appropriate action with regard to the complaint. Without the full cooperation of the complainant in ensuring that sufficient information is provided to the School Board, it may not be possible to conduct a proper investigation.
J. Public comment which unduly disrupts the orderly progress of the Board meeting or public comment containing personally abusive epithets or violent or threatening language directed toward another which, when addressed to an the ordinary citizen, are, would be likely to provoke a violent reaction will be declared out of order and terminated by the Board President.

In addition, persons making public comment should confine their comments to matters germane to the business of the School District, avoid references, statements, or conduct reasonably likely to result in disruption or undue delay in the orderly transaction of the business scheduled for consideration by the Board, refrain from profanity, obscenity, or other breach of respect and refrain from irrelevant, cumulative or repetitive remarks.

K. The Los Lunas Schools Board of Education shall not entertain comments regarding any pending student discipline or employee grievance matters, as the appropriate forum for such matters is the applicable administrative official or hearing process provided by State law or School District policy or practice.

L. The Los Lunas Schools Board of Education shall not make comment, endorse, sanction, or act upon comments made during the “Public Comment” session of the open Board Meetings if the subject matter of the comment is not otherwise included within the Agenda items for the Board meeting.

If comment is made on an Agenda item, the Board may interact with a person making the comment, including commenting on or responding to the substance of the individual’s statement or request.

M. If any public comment involves accusations of child abuse, the provisions of this Policy shall be implemented only after the Superintendent of Schools or his or her designee has completed the child abuse reporting requirements specified in law.

The resultant investigation by the School District will be conducted in cooperation with the appropriate law enforcement agencies with jurisdiction. If a School District employee is accused of such misconduct, the investigation shall respect the confidentiality of the employee, while also assuring that appropriate steps are taken to assure the safety and security of potential victims.

N. Members of the Los Lunas Schools Board of Education may object to comments that the member believes violate the terms of this Policy, and request a ruling by the President of the Board or presiding officer.

Any Board member may also place in the minutes of the meeting an objection he or she has to actions of the Board President to limit or terminate the remarks of any individual during the public comment section of the meeting.

O. The Los Lunas Schools Board of Education vests in its President, or other presiding officer, the authority to terminate the remarks of any individual not adhering to this Policy regarding presentations and comment.

2.8.9 APPLICATION FOR PUBLIC COMMENT

2.8.9.1 The Board of Education welcomes public participation in scheduled open meetings, without prior arrangement, under the following guidelines:

A. The applicant shall complete the Public Comment form prior to the Public Comment section of the meeting, and give the form to the Board President. Public comment can only be made on an agenda item.

B. Oral presentations shall be limited to five (5) minutes unless extended by the Board President.

2.8.9.2 Items of a personal nature, personnel, individual student, or items presently under investigation will not be publicly intro¬duced or discussed until the Board has had an opportunity to assure itself that no employee, student or citizen rights will be jeopar¬dized. A request for a closed session may be made if permitted by the Open Meetings Act, and policies preserving individual legal rights must be adhered to.

2.8.10. OPEN AND CLOSED MEETINGS

The Open Meetings Act requires all Board meetings to be open to the public at all times unless an exception found in the Act permits a closed executive meeting. A closed executive meeting may be held to discuss:

1. Issuance, suspension, renewal, or revocation of a license. Final actions shall be taken at an open meeting.

2. “Limited personnel matters” which means the discussion of hiring, promotion, demotion, dismissal, assignment, or resignation of or the investigation or consideration of complaints or charges against any individual public employee. Final actions on personnel which the Board is lawfully authorized to take shall be taken at an open public meeting.

3. An “administrative adjudicatory proceeding” which means a proceeding brought by or against a person before a public body in which individual legal rights, duties or privileges are required by law to be determined by the public body after an opportunity for a trial-type hearing. Final action which the Board is lawfully authorized to take as a result of the proceeding shall occur in an open meeting.

4. Personally identifiable information about any individual student, unless the student, his parent or guardian requests otherwise.

5. Purchases exceeding two thousand five hundred dollars ($2,500) that can be made only from one source, and the contents of competitive sealed proposals solicited pursuant to the Procurement Code during the contract negotiation process. The actual approval of purchase of the item or final action regarding the selection of a contractor shall be made in an open meeting.

6. Threatened or pending litigation in which the Board is or may become a participant.

7. The purchase, acquisition, or disposal of real property or water rights.

8. The discussion of bargaining strategy preliminary to collective bargaining negotiations between the Board and a bargaining unit representing the employees of the District and collective bargaining sessions at which the Board and the representatives of the collective bargaining unit are present.

In order to conduct a closed executive session, the Board shall follow the following procedure:

1. If a properly-convened open meeting is to be closed, a majority roll call vote by the Board, based on a motion, which states the exception to the Open Meetings Act justifying closure and the topic to be discussed in closed session with reasonable specificity is necessary. The vote of each member shall be noted in the minutes.

2. If a closed meeting is to be called when the Board is not otherwise in session, the board shall give public notice its current Open Meetings Notice Resolution. Such notice shall state the exception to the Open Meetings Act justifying closure and the topic to be discussed in closed session with reasonable specificity.

2.8.11. PARLIAMENTARY PROCEDURE

The Board desires to use rules of procedure for its meetings which assist in the achievement of the following:

1. Meetings proceed efficiently.

2. The Board acts by the decision of a majority of a quorum of its members, but with equal opportunity for all members to participate fully, whether in the majority on a given issue or not.

3. Decisions are made on the merits as determined by the considered and deliberative action of a majority of a quorum of the Members present, rather than based upon any manipulation of applicable procedural rules.

The rules of procedure on the following page are adopted for use. The President is authorized to declare the Board’s approval of the minutes, the agenda and adjournment when it is evident that no change or objection is being proposed. Similarly, the President may declare a recess, or rule a motion out of order. After the agenda has been approved by the Board, it must be followed unless a motion to hear and consider a matter out of order is approved by majority vote. The maker of a motion shall have the right to withdraw the motion at any time prior to a vote taken by the Board.

The President of the Board surrenders none of the privileges of being a member by virtue of office. The President may discuss business, make and second motions, and is expected to cast votes on action items on the agenda.

2.8.11.1. Parliamentary Procedure At A Glance

(See Attached Sheets)

2.8.12. PUBLIC HEARINGS

A public hearing is typically called for the purpose of adjudicating the rights of individuals and deciding issues within the jurisdiction of the local Board.

Public hearings required by law or deemed advisable by the Board shall be set as specified in applicable legal procedure or upon direction by the Board, by a majority vote, that sets forth the subject, date, place, and time of the hearing, as well as, any rules regarding the hearing procedure. Prior to the beginning of a hearing, the Board President will explain the procedures to be followed. The President or his designee shall call the hearing to order and then preside over it, unless a hearing officer is chosen to preside. When the matter has been fully addressed according to the adopted hearing procedure, or the allotted time for the hearing has expired, or when no one wishes to speak who has not already done so, the President or his designee shall declare the hearing ended.

The specific procedures for most hearings held by the board will be found in statutes or regulations, and must be substantially followed. Those procedures, where applicable, will supersede this paragraph and any inconsistent local policy.

2.8.13. PROCEDURES FOR CONDUCTING BOARD HEARINGS

These rules shall apply to all formal hearings before the Board in contested cases, except procedures concerning certified school instructors or certified school administrators, which proceedings shall be governed by the state statutes and rules and regulations of the Public Education Department, and except proceedings regarding student discipline which shall be governed by the Hearing Authority procedures set forth in Board Policy.

Said rules shall not apply to conferences or other informal investigations or proceedings at or upon which no formal ruling or decision is made, or to proceedings in a non-contested case.

1. Hearings or Appeals

 All requests for hearings or appeals shall be in writing and submitted to the President of the Board or the Superintendent.

 Appeals or requests for hearing shall state the issues to be presented in said appeal or hearing.

 All requests for appeals or hearings shall be made within thirty (30) days of the decision or event upon which a hearing or appeal is requested, unless governed otherwise by law, regulation or policy.

 The School District, through its attorney, shall present a written statement of the issues, which the School intends to present in the proceeding, and serve that statement upon the opposing party with a copy to be filed with the Superintendent.

2. Notice of Hearing

 In personnel actions, notices of hearing shall the applicable requirements of the School Personnel Act or other applicable statutory process, as well as, Public Education Department rules and regulations. The hearing may be closed by the Board of Education, if permitted by the Open Meetings Act, but the person employee affected by the hearing may request that the hearing be held in open session, if such right is secured by law.

 In all other cases involving appeals or hearings for which the Board has agreed to schedule a formal hearing, written notice of the date of hearing shall be sent by the President of the Board, or his designee, to all interested parties within thirty (30) days of receipt of the request for an appeal or hearing and not less than ten (10) days prior to the scheduled hearing date, unless different timelines are specified by law, regulation or policy.

3. Parties – Representation

 “Party” includes any person or agency named in the action, or recognized by the Board as a party as a result of the presence of a substantial interest in the proceeding. A person or agency may be recognized as a party for limited purposes upon the satisfactory demonstration of the nature and extent of its interest to the Board.

 All parties appearing at formal hearings shall have the right to appear in person, and if consistent with applicable legal procedure, may be accompanied, represented, and advised by counsel or a representative of the party’s choice.

4. Records – Transcript

 Except when expressly prohibited by statute, the Board shall prepare, an official record of the hearing, and file it with the Superintendent, which shall include all pleadings, tape or video recordings or transcripts of the hearing, exhibits, and other memoranda or material admitted into evidence in the course of the proceeding.

 A stenographic record or electronic recording of the hearing may be made at the expense of the Board, at its discretion, unless otherwise required by applicable procedure. Cost of copying the electronic recording or copies of any documents and pleadings shall be paid by the party requesting such copy, unless applicable procedure dictates otherwise.

5. Presiding Officer

 Duties and Authority – A quorum of the Board shall preside at the formal hearing, unless the Board delegates this function to a hearing officer.

The President, or in his absence, a member designated by the President, shall be the presiding officer and shall conduct and control the progress of the hearing, with authority to permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time. The presiding officer shall arrange for the administration of an oath to all witnesses testifying in the proceedings.

6. Order of Procedure

Unless a different procedure is mandated by applicable law, the order in which the parties shall present their case shall be determined by the presiding officer as follows:

 In a formal hearing, the party requesting the hearing shall proceed first and shall bear the burden of proof.

 In all appeals, the appellant shall proceed first.

 The party requesting the hearing shall typically have the right to present rebuttal evidence at the conclusion of the responding party’s case.

7. Evidence

 The parties may each make an opening statement outlining the issues to be addressed in the hearing and what they intend to prove.

 The strict judicial rules of evidence shall not be applicable to hearings conducted hereunder, and, in each case, the Board may admit any evidence and may give probative effect to evidence that is of a kind commonly relied on by reasonably prudent persons in the conduct of serious affairs. The Board may, in its discretion, exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. Documentary evidence may be received in the form of copies or excerpts. The Board may take notice of judicially cognizable facts. The parties shall be notified either before or during the hearing of the material so noticed and shall be afforded an opportunity to contest the facts so noticed. Depositions may be taken and used as in civil proceedings. , unless discovery is otherwise limited by applicable law.

 Counsel for any party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions; provided, however, that where a party is not represented by counsel, submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be the responsibility of the party, acting in accordance with the established hearing procedure.

 The presiding officer, or any person designated for that purpose, may examine all witnesses called by any party. The presiding officer may call witnesses whose testimony is deemed to be relevant. Board Members may question any witness called by either party.

8. Briefs

 The party may submit briefs of the issues of fact and law involved in the hearing in such form and on such schedule as the presiding officer may designate.

9. Counsel

 The presiding officer or the Board may request that Board counsel participate in any hearing as counsel for the Board or otherwise advise and assist the Board or presiding officer in the conduct of the hearing. Counsel separate from the Board attorney may be assigned to assist the District Administrator(s) at the hearing.

10. Final Argument

 After both parties have presented their case and any rebuttal evidence, then the appellant or party requesting the hearing may make a final summation to the Board of the facts presented in the hearing and law applicable thereto.

 The other party may present a responsive summary of the facts presented and law applicable thereto.

 The appellant or party requesting the hearing may present a rebuttal closing statement.

 The presiding officer of the Board may limit final arguments to a certain amount of time that is reasonable.

11. Decision and Order

 The Board may deliberate on its decision immediately following the conclusion of the hearing, or at such time as is consistent with the applicable procedure. The decision and order of the Board shall be delivered in writing within ten (10) work days after the hearing, unless a different deadline is specified by applicable procedure. The Board’s decision may immediately follow the hearing, in which case it shall be delivered orally, and thereafter in writing with copies to all parties.

 The Board’s decision and order may include findings of fact and conclusions of law applicable to the case and shall be provided to all parties. Formal action of the Board shall be taken publicly at a Board meeting following the hearing, but no other information will be released by the Board or School Administration as noted above.

12. Appeals

 Personnel who receive an adverse decision from the Board may have a right to appeal the decision under state law and should be given notice of the right to appeal that meets the conditions and timelines, as set forth by Public Education Department regulations or state statute.

13. Reopening of Case

 At any time after the hearing, but prior to service of the Board’s decision, either party may request the Board to reopen the case to receive additional evidence, or for other specified cause, so long as the proposed additional evidence or issue is newly-discovered and could not reasonably have been presented earlier. The granting or refusing of such request shall be within the Board’s discretion. The Board may reopen the case on its own motion at any time prior to formal action adopting the Board’s decision.

2.8.14. MINUTES

Pursuant to the Open Meetings Act, written minutes shall be kept of all public school Board meetings. Draft minutes shall be prepared within ten (10) working days after the meeting. Board minutes will be finalized and approved at the next regular monthly Board meeting, at which point they will become the official record of the meeting.

Once the minutes are approved by the Board, any tape or electronic recording of the proceedings may be erased. However, such tapes or recordings shall be preserved if there is a request for a copy of such tape or recording prior to approval of the minutes, or if the tape or recording is needed as evidence in a legal proceeding.

Minutes shall include the following:

1. The nature of the meeting (regular, special or emergency), the date, time, place, members present and members absent.

2. The substance of all proposals considered.

3. A record of any actions taken or decisions made.

4. A record of all votes taken which shows how each member voted.

The minutes of the meeting of the Los Lunas Schools Board of Education constitute the written record of the Board’s action. For most purposes, the Board speaks only through the minutes, and it is by the minutes that the record of what the Board has done, or not done, is confirmed. Regardless of the importance of any discussion at the meeting, it is only that which is recorded in the minutes that becomes official.

Members who are late shall be marked absent on the initial roll call. The entry of late members or the departure of members present during the meeting shall be noted accurately in the minutes. Proper recording of these proceedings can prevent confusion.

The Board clerk, or recording secretary, should attempt to include the wording of all motions, the name of the member making the motion, the name of the member seconding it, if applicable, the record of the vote on the motion, and the declaration of the presiding officer that the motion has passed or failed, attested to by the clerk. These minutes will be available for public inspection in the school district offices after they have been approved by the Board. Minutes shall be maintained in an official record book designated for said purpose. Copies of minutes may be requested pursuant to the Inspection of Public Records Act.

2.8.15. NOMINATIONS AND APPOINTMENTS

The Board shall use the following procedure to make appointments to various subordinate offices:

The President shall open the floor to nominations. At this time, the names of possible appointees shall be proposed by the members and debated. When the debate ends, the President shall call the roll of the members, and each member shall cast his vote. The votes shall not be tallied until all members have voted.

The nominee who receives the highest number of votes shall be appointed.

If more than one appointee is to be selected, each member shall have as many votes as there are positions to be filled. A member must cast all of his votes and shall cast them for different nominees. Cumulative voting is prohibited.

2.8.16. REFERENCE TO ROBERT’S RULES OF ORDER

To the extent not provided for in these rules (including the Parliamentary Rules at a Glance appended hereto), and to the extent that the reference does not conflict with the spirit of these rules, the Board may refer to Robert’s Rules of Order, Revised, for unresolved procedural questions.

2.8.17. MEDIA COVERAGE

The Superintendent or designated representative will make provisions for adequate dissemination of information to the public concerning meetings and Board action. Accommodations for media coverage will be provided.

ADOPTED: May 13, 2008
REVISED: 10/11/11; 10/25/16; 12/12/17; 10/23/18
LEGAL REFERENCES: The Open Meetings Act Section 10-15-1, NMSA 1978, ; The Inspection of Public Records Act, NMSA 1978, Sections 14-2-1 et seq.; NMSA 1978, Section 22-5-4 (Board powers and duties); NMSA 1978, Section 22-5-9.1 (Board member oath of office); NMSA 1978, Section 22-5-12A (monthly regular Board meetings);
CROSS-REFERENCES: LOS LUNAS BOARD OF EDUCATION

PARLIAMENTARY PROCEDURES AT A GLANCE
To Do This	You Say This	May you Interrupt Speaker	Must Be Seconded		Is the Motion Debatable	Is the Motion Amendable	What Vote is Required
Introduce business (a primary motion)	“I move that…”	No	Yes		Yes	Yes	Majority vote required
Amend a motion	“I move that this motion be amended by…”	No	Yes		Yes	Yes	Majority vote required
Have something studied further	“I move we defer this matter to a committee.”	No	Yes		Yes	Yes	Majority vote required
Postpone consideration of something to a certain time or day	“I move we postpone this matter until…”	No	Yes		Yes	Yes	Majority vote required
Defer consideration	“I move we defer consideration of this matter indefinitely.”	No	Yes		Yes	Yes	Majority vote required
Defer consideration		Matter expires after 3 months unless revived.					Majority vote required
Prevent reconsideration for six months	“I move to prevent reconsideration for six months of…”	No	Yes		Yes	Yes	Majority vote required
Reconsider something already disposed of	“I move we now (or later) reconsider our action relative to…”	No	Yes		Yes	Yes	Majority vote required
Reconsider something already disposed of		This action must be taken at meeting item was decided					Majority vote required
Take up a matter previously tabled	“I move we take from the table…”	No	Yes		Yes	Yes	Majority vote required
Consider something out of its schedule d order	“I move we consider out-of-order agenda item…”	No	Yes		Yes	Yes	Majority in the negative required to reverse chair’s decision
End debate	“I move the previous question.”	No	Yes		Yes	Yes	Majority vote required
Recess the meeting	“I move that we recess until…”	No	Yes		Yes	Yes	Majority vote required
Adjourn the meeting	“I move that we adjourn.”	No	Yes		Yes	Yes	Majority vote required
Adjourn the meeting	“I move that we adjourn.”	May not interrupt pending matter.					Majority vote required
Complain about noise, temperature, etc.	“Point of privilege”	Yes		No	No	No	No vote required, chair decides
Object to procedure or to a personal affront	“Point of order”	Yes		No	No	No	No vote required, chair decides
Request information	“Point of information”	Yes (if urgent)		No	No	No	No vote required

Section II Board Governance and Operations