New Mexico Register / Volume XXXV,
Issue 23 / December 10, 2024
This is an
amendment to 6.50.1 NMAC, Sections 7, 8, 9 and 10, effective 12/10/2024.
6.50.1.7 DEFINITIONS: The definitions listed below apply to all [rule]
rules pertaining to the authority, the authority’s risk-related and
employee-benefit coverages and any rules issued by the authority concerning
risk or loss prevention, except where other rules contain more specific
definitions of the same term or additional terms.
A. “Abatement” means the elimination of a recognized risk-related hazard as the
result of a recommendation by a [loss prevention representative] risk
management consultant or by the authority.
B. “Affidavit of
domestic partnership” means a sworn, written statement, in a form, verified
by the employer and approved by the authority, by which both members of a
domestic partnership affirm, solely for the purpose of obtaining employee
domestic partner benefits through the authority, that:
(1) the
partners are in an exclusive and committed relationship for the benefit of each
other, and the relationship is the same as, or similar to,
a marriage relationship in the state of New Mexico;
(2) the
partners share a primary residence and have done so for 12 or more consecutive
months;
(3) the
partners are jointly responsible for each other's common welfare and share
financial obligations;
(4) neither
partner is married or a member of another domestic
partnership;
(5) both
partners are at least 18 years of age;
(6) both
partners are legally competent to sign an affidavit of domestic partnership;
and
(7) the
partners are not related by blood to a degree of closeness that would prevent
them from being married to each other in the state of New Mexico.
C. “Affidavit terminating domestic partnership”
means a sworn, written statement, in a form approved by the authority, by which
an employee notifies the authority that domestic partner benefits should be
terminated because the employee’s domestic partnership relationship is
terminated.
D. “Authority” means the New Mexico
public school insurance authority.
E. “Board” means the board of
directors of the authority.
F. “Change of status” means the change of status of an
eligible employee or eligible dependent by:
(1) death;
(2) divorce
or annulment;
(3) loss
of employment;
(4) loss
of group or individual health insurance coverage through no fault of the person
having the insurance coverage;
(5) birth;
(6) adoption
or child placement order in anticipation of adoption;
(7) legal
guardianship;
(8) marriage;
(9) incapacity
of a child;
(10) establishment
or termination through affidavit of domestic partnership or affidavit
terminating domestic partnership; or
(11) fulfilling
the actively at work requirement and minimum qualifying number of hours through
promotion to a new job classification with a salary increase or
acceptance of a full-time position with a salary increase with the same
participating entity.
G. “Charter school”
means a school organized as a charter school pursuant to the provisions of the
1999 Charter Schools Act, Section 22-8B-1 et seq., NMSA 1978.
H. “Contract period” when applied to
employee benefit or risk-related coverages means the established period of time over which the authority provides insurance
to participating entities. The contract
period shall be specified by the board as part of a memorandum of coverage, a
group benefits policy, or administrative services agreement. The contract period may be different for
different offerings, policies, or agreements.
I. “Costs” means the direct and
indirect monetary and economic costs of insurance.
J. “Coverage” means insurance protection offered or provided by the
authority to persons or entities entitled to participate in the authority’s
offerings.
K. “Critical hazard” means any
risk-related exposure, hazardous condition, or other circumstance having an
above average potential for immediate occurrence, but which is not immediately
life threatening. A critical hazard is of less severity than an imminent
hazard.
L. “Deductible” means the dollar
amount [which] that will be deducted from any payments made to or
on behalf of a participating entity or employee or covered individual.
M. “Domestic
partner”
means an unrelated person living with and sharing a common domestic life with
an employee of an entity offering domestic partner benefits, where the employee
and the partner submit a properly executed affidavit of domestic partnership
and where the employee and the partner presently:
(1) are
in an exclusive and committed relationship for the benefit of each other, and
the relationship is the same as, or similar to, a
marriage relationship in the state of New Mexico;
(2) share
a primary residence and have done so for 12 or more consecutive months;
(3) are
jointly responsible for each other's common welfare and share financial
obligations; and
(4) are
not married or in another domestic partnership.
N. “Domestic partner benefits” means
dependent insurance coverage for a domestic partner offered to an employee as a
benefit of employment pursuant to a written petition adopted by a member’s
governing body that:
(1) states
that the member’s governing body has voted in an open, public meeting to offer
domestic partner benefits to its employees;
(2) sets
forth the percentage contribution, if any, the member will make toward an
employee’s premium for domestic partner coverage;
(3) describes
any evidence (documentation or other) the member will require in support of an
affidavit of domestic partnership; and
(4) is
received by the authority at its offices before the effective date the coverage
is to begin.
O. “Due
process reimbursement” means the reimbursement of a school district’s or
charter school’s expenses as defined in Section 22-29-3 NMSA 1978 which are
incurred as a result of a due process hearing as
required pursuant to Section 22-29-12 NMSA 1978.
P. “Eligible dependent” means a
person obtaining health care coverage from the authority based upon that
person's relationship to the eligible employee as follows:
(1) a
person whose marriage to the eligible employee is [evinced] evidenced
by a marriage certificate or who has a legally established common-law marriage
in a state [which] that recognizes common-law marriages and then
moves to New Mexico;
(2) a
person who is the domestic partner of an eligible employee, employed by an
entity offering domestic partner benefits;
(3) a
child under the age of 26 who is either:
(a) a
natural child;
(b) a
legally adopted child pursuant to the Adoption Act, Section 32A-5-1, et. seq.
NMSA 1978 or [otherwise] by adoptive placement order, court order
or decree;
(c) a
[step child] stepchild who is primarily dependent on the eligible
employee for maintenance and support;
(d) a
natural or legally adopted child of the eligible employee’s domestic partner or
a child placed in the domestic partner’s household as part of an adoptive
placement, legal guardianship, or by court order [(excluding foster
children)] and who is living in the same household and is primarily
dependent on the eligible employee for maintenance and support;
(e) a
child for whom the eligible employee is the legal guardian and who is primarily
dependent on the eligible employee for maintenance and support, so long as
evidence of the legal guardianship is evidenced in a court order or
decree (notarized documents, powers of attorney, or [kinship documents] conservatorships
are not accepted as evidence);
(f) a
foster child living in the same household as a result of
placement by a state licensed placement agency, so long as the foster home is
licensed pursuant to Section 40-7A-1, et. seq. NMSA, 1978;
(g) a
child living in the same household after a petition for adoption of that child
has been filed pursuant to the Adoption Act, Section 32A-5-1 et. seq. NMSA 1978
or a pre-placement study is pending for purposes of adoption of the child
pursuant to Section 32A-5-1 et. seq. NMSA 1978; or
(h) a
dependent child pursuant to a qualified medical support order;
(4) a
dependent child over 26 who is wholly dependent on the eligible employee for
maintenance and support and who is incapable of self-sustaining employment by
reason of mental [retardation or physical handicap] or physical
disability, provided that proof of incapacity and dependency, with
proper medical certification, must be provided within 31 days before the
child reaches 26 years of age; any child who becomes so incapacitated while
covered shall be allowed to continue coverage thereafter during the period of
incapacity, and such times thereafter as may be authorized by the board;
(5) no
provision in Paragraphs (1) through (4) of Subsection P of 6.50.1.7 NMAC shall
result in eligibility of any person adopted by an eligible member pursuant to
the adult adoption provisions of Section 40-14-5 NMSA 1978;
(6) no
provision in Paragraphs (1) through (4) of Subsection P of 6.50.1.7 NMAC shall
result in eligibility of any person who has met the requirements of any such
paragraph for the primary purpose of obtaining eligibility under this chapter; any denial of eligibility under this
subsection may be submitted for dispute resolution to the director of the
authority pursuant to Subsection F of 6.50.10.13 NMAC, and the director’s
decision may be appealed by following the procedures specified in 6.50.16 NMAC,
Administrative Appeal of Authority Coverage Determinations.
Q. “Eligible participating entity board member,
entity governing body member or authority board member” means an active participating entity
board member, entity governing body member or authority board member whose
entity is currently participating in the authority employee benefits coverages
or who is eligible as an active authority board member or as an eligible
retiree (Subsection R of 6.50.1.7 NMAC).
R. “Eligible retiree” means:
(1) a
closed class: a “non-salaried eligible
participating entity governing authority member” who is a former board member,
who has served without salary as a member of the governing body of an employer
eligible to participate in the benefits coverages of the authority, and is
certified to be such by the director of the authority and has continuously
maintained group health insurance coverage through that member's governing
body; “eligible retiree” also includes former members of the authority board
who has continuously maintained authority group health insurance; with respect
to authority and participating entity board members who begin service after
January 1, 1997, may participate in the benefits coverages; coverage will end
at the request of the member, death or for non-payment;
[(2) a “grandfathered retired employee” or “grandfathered retired
employee dependent” defined as a retired employee or the dependent of the
retired employee who meets all applicable retirement rules of the Educational
Retirement Act and educational retirement board but does not receive an
Educational Retirement Act pension, and who has been allowed to continue
authority coverages prior to the enactment of the Retiree Health Care Authority
Act or by agreement between a new member school district or other educational
entity;
(3)] (2) a “retired employee” who is drawing an
Educational Retirement Act pension or with respect to a retired authority
employee, a Public Employee Retirement Act pension, and desires to participate
in the authority’s additional life coverage.
S. “Eligible employee” means an employee of an employer
eligible to participate in the benefits coverages of the authority including
eligible participating entity board members, entity governing body members and
authority board members (Subsection Q of 6.50.1.7 NMAC), full-time employees
(Subsection X of 6.50.1.7 NMAC), or eligible part-time employees (Subsection T
of 6.50.1.7 NMAC).
T. “Eligible part-time employee”
means a person employed by, paid by, and working for a participating entity
less than 20 hours but more than 15 hours per week during the academic school
term and is determined to be eligible for participation in authority employee
benefits coverages by an annual resolution which, prior to May 1 of the
previous year, is adopted by the participating entity governing body and
approved by the authority board.
U. “Employee benefits minimum standards”
means the minimum coverages, minimum limits and other factors as specified in
authority rules for which insurance is offered.
V. “Established enrollment period”
means the period of time and the dates for which an
enrollment period is authorized by the authority. [The established
enrollment period shall be determined by the board on separate lines of
employee benefit coverages as the authority board deems appropriate.]
W. “Financial interest” means an
interest of ten percent or more in a business or exceeding $10,000.00 in any
business. For a board member, official, employee, agent, consultant or attorney
this means an interest held by the individual, [his or her] their
spouse, [his or her] their domestic partner, or [his or her]
their minor children.
X. “Full-time employee” means a
person employed by, paid by and working for the participating entity 20 hours
or more per week during the academic school term or terms. A full-time employee
includes participating entity board
members, entity governing body members and authority board members as defined
in Subsections SS and TT of 6.50.1.7 NMAC.
Y. “Fund” means the authority account
or accounts in which the money received by the authority is held.
Z. “Governing body” means the elected
board or other governing body that oversees and makes the policy decisions for
a school district, charter school or other educational entity. (See also Subsection UU of 6.50.1.7 NMAC)
AA. “Imminent hazard” means those conditions or practices which
exist requiring suspension of activities or operations so as
to avoid an occurrence which could reasonably be expected to result in
death or serious physical harm immediately or before the imminence of such
danger can be eliminated through the recommended abatement.
BB. “Ineligible dependents” means:
(1) common
law relationships of the same or opposite sex which are not recognized by New
Mexico law unless domestic partner benefits are offered by the employee’s
entity;
[(2) dependents while in active military service;
(3)] (2) parents,
aunts, uncles, brothers and sisters of the eligible employee;
[(4)]
(3) grandchildren left in the
care of an eligible employee without evidence of legal guardianship; or
[(5)]
(4) any other person not
specifically referred to as eligible.
CC. “Insider information” means information regarding the
authority which is confidential under law or practice
or which is not generally available outside the circle of those who regularly
serve the authority as board members, officials, employees, agents, consultants
or attorneys.
DD. “Insurance” means basic insurance, excess insurance,
re-insurance, retrospectively rated insurance, self-insurance, self-insured
retention and all other mechanisms to provide protection from risks assumed by
the authority.
EE. “Insurance policy” means one or
more basic insurance policies, excess insurance policies, reinsurance policies,
retrospectively rated insurance policies, or other insurance policies sought or
obtained by the authority from one or more insurance companies to provide
contractual protection against one or more risks or perils or which provide health related
services.
FF. “Line” means insurance protection
which protects against a specific category or set of perils.
GG. “Loss prevention” means a system for identification and
reduction of risk-related exposures, hazardous conditions or other
circumstances likely to produce a loss.
HH. “[Loss prevention representative] Risk management
consultant (RMC)” means the employee of the contracted risk-related
agency or the authority charged with the responsibility of providing loss
prevention services to the authority.
II. “Memorandum of
coverage” means the document which lists all terms and conditions of
risk-related coverages.
JJ. “Member” and
“members” means all public school
districts and charter schools mandated by the New Mexico Public School
Insurance Authority Act, Section 22-29-9 et
seq. NMSA 1978 to be members of
the authority and all other educational entities voluntarily participating in
the authority.
[KK. “Minimum participation level”
means that level of required participation by eligible employees of a
participating entity in the authority employee benefits coverages for the particular line of coverage. The percentage level of
required participation may vary from one line of coverage to another line of
coverage as determined by the board from time to time.
LL. “Native American employees” or “native American dependents” are those
persons on the membership rolls of any recognized Indian tribe, nation, or
pueblo.
MM] KK. “Occurrence” means continuous
and repeated exposures to substantially the same general harmful conditions,
accidents or events. All such exposures to substantially the same general
condition shall be considered as arising from one occurrence.
[NN] LL. “Offering” refers to any single
line offering, multi-option or package offering made available by the
authority.
[OO] MM. “Other educational entity” means
an educational entity as defined in Section 22-29-3, NMSA 1978 which is an
authority member pursuant to Section 22-29-9E NMSA 1978.
[PP] NN. “Package offering” means combining together of two or more lines of risk-related
insurance.
[QQ] OO. “Participant” means a person
receiving employee benefit coverage from the authority.
[RR] PP. “Participating entity” means a
school district, charter school or other educational entity receiving authority
coverage.
[SS] QQ. “Participating
authority board member” means a person that is appointed to serve and is
serving as a member of the authority board.
[TT] RR. “Participating entity board member”
or “participating entity governing body
member” means a person that is elected or appointed to serve and is serving
as a member of the governing board of a participating entity.
[UU] SS. “Participating entity governing board”
means the elected or appointed board or other governing body that oversees and
makes the policy decisions for the school board, charter school or educational
entity.
[VV] TT. “Part-time
employee” means a person employed by, paid by and working for the
participating entity less than 20 hours per week during the academic school
term [or terms] or as determined by the employer.
[WW] UU. “Public official” means a person
serving the authority as board member, official, employee, agent, consultant or
attorney or as a member of an ad hoc
or standing authority advisory committee.
[XX] VV. “Recommendation” means a method or
means of risk-related corrective action suggested to a participating entity to
eliminate a designated hazard.
[YY] WW. “Request for waiver” means a
request for waiver of participation.
[ZZ] XX. “Review board” means the
risk-related loss prevention review board.
In the event a risk-related loss prevention review board is not
designated by the authority board, “review board” means the risk advisory
committee of the board.
[AAA] YY. “RFP” means a request for
proposals and consists of all papers including those attached to or
incorporated by reference in a document used to solicit proposals for insurance
policies or professional services.
[BBB] ZZ. “Risk-related coverage” means any coverage required under the
Tort Claims Act, Section 4-41-1 et seq. NMSA 1978, or any other state mandate
and any coverage provided at the authority’s discretion.
[CCC] AAA. “School district”
means any school district as defined in Section 22-29-3 NMSA 1978.
[DDD] BBB. “Self-insured
retention” means that dollar amount from the first dollar of loss up
to a maximum amount for which the risk of loss is retained as determined by the
authority.
[EEE] CCC. “Special events”
mean events that permit enrollment in employee-benefits coverages.
[FFF] DDD. “State”
means the state of New Mexico.
[GGG] EEE. “Waiver” or
“waiver of participation” means a
written document issued by the authority to a school district or charter school
excusing the school district or charter school from participation in an
authority offering. A school district or
charter school may submit a request for waiver of
participation for each authority offering.
[6.50.1.7 NMAC -
Rp, 6.50.1.7 NMAC, 9/1/2014; A, 12/10/2024]
6.50.1.8 COMMUNITY
RELATIONS:
A. The board
recognizes its responsibility to the public to provide information concerning all of its actions, its policies, and details of its
educational and business operations. In recognition of this responsibility the
board shall:
(1) open
to the public all regular, special and emergency meetings of the authority’s
board of directors and board standing committees [and board ad hoc
committees] with notice consistent with the Open Meetings Act, Section
10-15-1 et seq. NMSA 1978 and the resolution adopted by the board governing
open meetings;
(2) adopt
an annual budget at an open public meeting announced publicly in advance;
(3) provide
annual reports of financial and operational activities to members and to the
public upon payment of reasonable copying costs pursuant to the Inspection of
Public Records Act, Section 14-2-1 et seq. NMSA 1978; and
(4) inform
the public of authority matters through appropriate public news media,
authority publications and an informational website.
B. The board
recognizes that constructive study, discussion and active participation by
citizens are necessary to promote the best possible programs of insurance in
the community. The board shall do the
following to encourage this participation.
(1) The
board shall invite participating entities to assist individually or in groups
in matters of concern to the authority.
(2) The
board shall select, from time to time, committees to serve as study groups to
investigate concerns. Each committee shall be appointed by the board for a
specific purpose and, after final reports have been completed, shall be
dissolved. The function of such committees shall not extend beyond that of
study and recommendation as the board shall not delegate its responsibility for
discretionary action to any such group.
(3) The
board shall encourage participation by school districts, charter schools, other
educational entities, employees of educational institutions and interested
citizens.
C. Members of the
public are entitled to inspect and make copies of public documents of the
authority in accordance with the Inspection of Public Records Act, Section
14-2-1 et seq. NMSA 1978.
[6.50.1.8 NMAC -
Rp, 6.50.1.8 NMAC, 9/1/2014; A, 12/10/2024]
6.50.1.9 BOARD
PROCEDURES AND GENERAL AUTHORITY:
This section establishes procedures governing the board operations for
conducting its business affairs and sets forth the general authority of the
board.
A. The authority's
board shall be composed of a total of 11 members as provided by Section 22-29-5
NMSA 1978. Solely for the purposes of
board membership under Section 22-29-5 NMSA 1978, the term “participating
educational entities” as used in that section is defined to mean those
educational entities that participate in the authority employee benefits
coverages or risk-related coverages or both.
B. Membership on the
board shall be for a term not to exceed three years pursuant to Section
22-29-5, NMSA 1978. Members shall serve on the board at the pleasure of the
party by which [he has] they have been appointed and may be
removed by the appointing party for any reason at any time.
C. Alternate
representatives to the board shall not be allowed. Voting by proxy also shall
not be allowed.
D. A board member
shall assume office at the time the appointing entity files written
notification of the appointment of the board member at the office of the
authority. The written notice shall contain the name, title, business address
and business and home telephone number of the board member. A board member
shall serve until written notification of a change is filed with the authority
or until the three-year term is expired.
There is no limitation as to the number of terms a board member may
serve.
E. The board shall
hold an annual meeting [each August] no later than the end of August.
At the option of the board the annual meeting may be scheduled to coincide with
[the] a regular [August] meeting of the board.
F. The officers of
the board shall be elected from the board membership. The officers shall
consist of a president, a vice-president, and a secretary, [who shall
be elected at the annual meeting of the board] and shall serve for a period
of one year. An officer may be reelected to the same position or elected to
fill another position as an officer of the board.
G. If an officer
vacates [his] their position on the board, the next lower officer
shall automatically assume the duties of the higher officer. For example, if
the presidency becomes vacant, the vice-president shall automatically assume
the title and duties of president and the secretary shall automatically assume
the title and duties of vice-president. After due notice, a new secretary will
be elected by the board. In the alternative to the automatic progression to
higher office, the board may call a special meeting for the purpose of
conducting an election of officers in the event of any vacancy in a board
office. Each of the new officers, however selected, shall serve until election of officers at the next annual meeting.
H. The regular
meetings of the board shall normally be held monthly, in a place to be
determined [from time to time] as necessary by the board. The
date of any regular meeting may be changed by a majority vote of a quorum of
the board. The president or vice-president may cancel a regularly scheduled
meeting of the board by giving notice of the cancellation in advance of any
regularly scheduled meeting.
I. Robert's Rules
of Order are adopted by the board and shall be used for the conduct of all
meetings to be held by the authority. Robert's Rules
of Order shall be binding in all cases where they are not inconsistent with New
Mexico statutes and rules adopted by the authority.
J. Meetings of the
board other than regular meetings shall be called according to the following
procedures.
(1) A
special meeting of the board is a meeting other than a regular or emergency
meeting and may be called by the president, vice-president or any three board
members for the specific purposes specified in the call. The call shall be made
in accordance with the Open Meetings Act requirements, Section 10-15-1 et seq.
NMSA 1978, and board resolutions.
(2) An
emergency meeting of the board is a meeting other than a regular or special
meeting and may be called by the president, vice-president, or any two members
of the board to consider a sudden or unexpected set of circumstances affecting
the authority for which time is of the essence. The call shall be made in
accordance with the Open Meetings Act requirements, Section 10-15-1 et seq.
NMSA 1978, and board resolutions.
K. A majority of all of the board members shall constitute a quorum for
conducting the affairs of the authority. The president of the board shall be
entitled to debate any issue and vote on any issue in the same manner as other
members of the board. The president
shall be considered to be a member of the board for
purposes of a quorum. All matters will be determined by voice vote. Any member
of the board may request a roll call vote on any issue. In the event of a roll
call, it shall be in alphabetical order, by last name, with the
president voting last.
L. The board shall
be addressed according to the following procedures.
(1) An
individual may speak on any item that appears on the adopted agenda, before a
final vote is taken, by notifying and subsequently being recognized by the
president or vice-president. The president or vice-president may, at [his]
their discretion, limit the time any individual or entity is allotted to
make a presentation and the president or
vice-president may, [in his] at their discretion, limit the time
allotted for any subject.
(2) A
person with a matter to present to the board shall submit the request in
writing with appropriate supporting materials [four] six working
business days in advance of a regularly scheduled meeting, 24 hours in
advance of a special meeting and [three] five hours in advance of
an emergency meeting.
M. The board retains
and reserves unto itself all powers, rights, authority, duties and
responsibilities conferred upon and vested in it by the constitution of the
state of New Mexico and statutes, including those prescribed by Sections
22-29-1 et. seq. NMSA 1978, and such other power and authority as may be
conferred upon the board [from time to time] as necessary. In the
execution of those powers and duties specifically provided by law, the board
has the following general power and authority to:
(1) exercise
general control and management of the authority, third party administrators,
consultants retained by the authority and other agents, servants and employees;
(2) establish
such programs, and provide such services as it deems necessary for the proper
and efficient operation of the authority and the good of the participating
entities;
(3) exercise
control and management of all authority assets and use such assets to promote
authority business in such ways as the board deems necessary and proper in
accordance with law;
(4) make
and adopt or amend rules and regulations for governance
of the authority by a majority of the board
membership;
(5) make
and adopt or amend substantive rules and regulations by a majority vote of the
board membership;
(6) repeal
a substantive rule of the authority by a majority vote of the board membership,
but the board has no power to suspend any substantive rule except by a
two-thirds vote of the membership of the board;
(7) make
provisions for interpreting the authority's programs for dissemination to the
public and to seek the opinion and advice of the participating entities
concerning the authority's insurance programs;
(8) work
in a cooperative manner with interested citizens in a continuous effort to
improve the authority's programs;
(9) appoint
advisory committees, including a risk advisory committee and an employee
benefits advisory committee, which are permanent standing committees of the
board, as well as ad hoc advisory committees as needed;
(10) establish
an executive committee, a permanent standing committee of the board, which
shall be made up of the president, vice-president and secretary of the board
and which shall serve as the agenda committee; and
(11) hire
an executive director and to delegate to the executive
director the [day to day] day-to-day activities of the authority
pursuant to board policy as developed in its open meetings.
N. The permanent
risk advisory committee and the permanent employee benefits advisory committee
shall be chaired by members of the board or if no board member is available,
then by staff. The board shall name the
advisory committee members from authority participating entities or covered
individuals assuring a balance of large and small participating entities and a
geographic balance. The board may also
name an ex-board member to serve on the advisory committees as a voting member
for a term not to exceed three years, with the option to renew the appointment
for an additional three years.
O. An ad hoc
advisory committee shall be established for a specific purpose or goal and
shall be established for a stated period of time.
P. Members of
advisory committees, including members of the loss prevention review
board,
shall be appointed by the president of the board with the advice and consent of
the board and shall serve at the pleasure of the board. [Advisory committees
shall provide notice of meetings as required by the Open Meetings Act, Section
10-15-1 et seq. NMSA 1978, and these rules.] Minutes in compliance with Subsection R of
6.50.1.9 NMAC shall be kept by the [chairman or his designee] authority. Advisory committee minutes shall be
considered acted upon when the board acts on the advisory committee report.
Q. The authority
shall pay per diem and mileage consistent with the Per Diem and Mileage Act,
Section 10-8-1 et seq. NMSA 1978, as amended, and the applicable department of
finance and administration rules. The per diem and mileage payments shall be
limited to the following situations.
(1) Authority
employees are entitled to receive per diem and mileage for travel incurred in
the normal course and scope of their employment; provided however, that no
employee shall be entitled to receive per diem and mileage for travel outside
of the state without obtaining the board's prior approval for the travel.
(2) Authority
board members are entitled to receive per diem and mileage for travel incurred
for attending all regular, special and emergency board meetings, or any
standing or ad hoc committee meetings of the board called pursuant to the Open
Meetings Act, Section10-15-1 et seq. NMSA 1978 and the authority's open
meetings resolution. In addition, the executive committee serving as the
authority board agenda committee is entitled to receive per diem and mileage
for travel incurred as necessary to conduct the business of the board.
Authority board members shall not be entitled to receive per diem and mileage
for any other travel, inside or outside of the state,
without obtaining prior approval of the board.
(3) Authority
advisory committee members named by the board to serve on advisory committees
are entitled to receive per diem and mileage for travel incurred for attending
authority advisory committee meetings which has been
scheduled in writing by the board or by the executive director. Authority
advisory committee members shall not be entitled to receive per diem and
mileage for any other travel, inside or outside of the state, without obtaining
prior approval of the board.
R. Minutes of the
board.
(1) The
authority shall keep written minutes of all its open meetings. The minutes
shall include as a minimum the date, time and place of the meeting, the names
of members in attendance and those absent, the substance of the proposals
considered, if any, and a record, where appropriate, of any decisions and votes
taken which show how each member voted. All minutes of meetings shall be open
to public inspection at reasonable times. Draft minutes shall be prepared
within 10 working days after the meeting. Minutes shall not become official
until approved by the board. The minutes shall be kept on file as the permanent
official record of the authority.
(2) It
is the practice of the authority staff (but not a requirement by the authority
board) that board meetings are [tape] recorded. [The board secretary]
Authority staff shall make notes of board meetings sufficient to reflect
the information required in Paragraph (1) of Subsection R of 6.50.1.9 NMAC, and
the tape recording shall be available to the secretary, any board member or
member of the public for review with regard to the
accuracy of draft minutes. However, 30 days after minutes have been adopted by
the board, [the board secretary shall recycle the tapes by erasure and make
them available for re-use] authority staff may dispose of recordings.
[6.50.1.9 NMAC -
Rp, 6.50.1.9 NMAC, 9/1/2014; A, 10/1/2015; A, 12/10/2024]
6.50.1.10 CODE OF ETHICS:
A. Registration and
disclosure duties of public officials.
(1) Upon
becoming a public official, a person shall provide [registration information
to the authority] a financial disclosure to the secretary of state and a
copy to the authority office as listed below. This information shall be updated [every
April] by January 31 at midnight each year thereafter as
long as the filer holds the same position and shall be available to
the public at all times:
(a) name;
(b) address
and telephone number;
(c) professional,
occupational or business licenses;
(d) membership
on boards of directors of corporations, public or private associations or
organizations; and
[(e)] the nature, but not
the extent or amount, of [his] their financial interests as
defined in Subsection X of 6.50.1.7 NMAC within one month of becoming a public
official.
(2) A
public official who has a financial interest which may be affected by an
official act of the authority, ad hoc or advisory committee shall declare such
interest prior to discussion, voting, advising or taking any other action and
that declaration shall be entered in the official minutes of the authority. A
public official shall abstain from voting, advising or taking any other action
including discussion on that issue if the decision, in [his] their
opinion, may affect [his] their financial interest in a manner
different from its effect on the general public.
B. No
public official shall request or receive a gift or loan for personal use
or for the use of others from any person involved in a business transaction
with the authority with the following exceptions:
(1) an
occasional non-pecuniary gift of insignificant value;
(2) an
award publicly presented in recognition of public service;
(3) a
commercially reasonable loan made in the ordinary course of business by an
institution authorized by the laws of the state to engage in the business of
making loans; or
(4) a
political campaign contribution, provided that such gift or loan is properly
reported and actually used in a political campaign.
C. No public
official shall personally represent private interests before the authority
board or any ad hoc or standing committee.
D. No public
official shall use or disclose insider information regarding the authority for [his]
their own or other’s private purposes.
E. No public
official shall use authority services, personnel or equipment for personal
benefit, convenience or profit, except when such use is generally available to
the public and when in accordance with policies of the
authority board.
F. No public
official shall acquire or negotiate to acquire a financial interest at a time
when the official believes or has reason to believe that it will be
substantially or directly affected by [his] their official acts.
G. No public
official shall enter into a contract or transaction
with the authority or its public officials, unless the contract or transaction
is made public by filing notice with the authority board.
H. No public
official shall vote or otherwise participate in the negotiation or the making
of any authority contract with any business or entity in which [he has] they
have a direct financial interest.
I. No public
official shall seek to be awarded a contract where such public
official has participated in the process of preparation of the bid or request
for proposals.
J. Any contract,
approval, sale or purchase entered into or official
action taken by a public official in violation of 6.50.1.10 NMAC may be voided
by action of the authority board.
K. It is a violation
of 6.50.1.10 NMAC for any public official knowingly, willfully or intentionally
to conceal or fail to disclose any financial interest required to be disclosed
by 6.50.1.10 NMAC or violate any of its provisions.
L. Any person may
make a sworn, written complaint to the authority board of
a violation by a public official of 6.50.1.10 NMAC. Such complaint
shall be filed with the authority executive director or if it is a complaint
against the executive director, then with the authority board. The complaint shall state the specific
provision of 6.50.1.10 NMAC which has allegedly been violated and the facts
which the complainant believes support the complaint. Within 15 days of receiving the complaint,
the authority board in executive session shall appoint a hearing officer to
review the complaint for probable cause. The hearing officer shall receive the
written complaint and notify the person complained
against of the charge. Persons complained against shall have the opportunity to
submit documents to the hearing officer for [his] review in determining
probable cause. Within 15 days of undertaking the inquiry to determine probable
cause, the hearing officer shall report [his] findings to the authority
board. In the event the hearing officer rejects a complaint as lacking in
probable cause, [he] they shall provide
a written statement of reasons for [his] the rejection to the
authority board and the complainant.
Upon a finding of probable cause, within 30 days the hearing officer
shall conduct an open hearing in accordance with due process of law. Within a
time after the hearing, as specified by the authority board, the hearing
officer shall report [his] the findings and recommendations to
the authority board for appropriate action based on those findings and
recommendations. If the complaint is
found to be frivolous, the authority board may assess the complainant the costs
of the hearing officer's fees. Upon
recommendation of the hearing officer, the authority board may issue a public
reprimand to the public official; remove or suspend [him] from [his]
office, employment or contract and refer complaints against public officials to
the appropriate law enforcement agency for investigation and prosecution.
M. The executive
director and the authority board shall maintain the confidentiality of the
complaint and instruct the complainant that [he is] they are also
required to keep the complaint confidential pursuant to Subsection L of
6.50.1.10 NMAC. Except for the hearing, the proceedings shall be kept
confidential by all parties concerned, unless the accused public official
requests that the process be open at any stage.
N. A separate
hearing officer shall be appointed by the authority board for each complaint.
The hearing officer may be an authority board member, agent or employee of the
authority or another person. The complainant and the person
complained against have the right to one disqualification of a designated
hearing officer.
[6.50.1.10 NMAC -
Rp, 6.50.1.10 NMAC, 9/1/2014; A, 12/10/2024]