0001| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0002| HOUSE BILL 5
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0003| 43rd legislature - STATE OF NEW MEXICO - first special session, 1998
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0010|
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0011| AN ACT
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0012| EXCEPTING FROM THE REQUIREMENTS OF THE INSPECTION OF PUBLIC
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0013| RECORDS ACT A PUBLIC RECORD CONTAINING THE IDENTITY OF OR
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0014| IDENTIFYING INFORMATION RELATING TO AN APPLICANT OR NOMINEE
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0015| FOR PRESIDENT OF A PUBLIC INSTITUTION OF HIGHER EDUCATION.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 14-2-1 NMSA 1978 (being Laws 1947,
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0019| Chapter 130, Section 1, as amended) is amended to read:
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0020| "14-2-1. RIGHT TO INSPECT PUBLIC RECORDS--EXCEPTIONS.--
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0021| A. Every person has a right to inspect any
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0022| public records of this state except:
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0023| [A.] (1) records pertaining to physical
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0024| or mental examinations and medical treatment of persons
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0025| confined to any institution;
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- 1 -0001| [B.] (2) letters of reference concerning
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0002| employment, licensing or permits;
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0003| [C.] (3) letters or memorandums which are
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0004| matters of opinion in personnel files or students' cumulative
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0005| files;
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0006| [D.] (4) law enforcement records that
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0007| reveal confidential sources, methods, information or
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0008| individuals accused but not charged with a crime. Law
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0009| enforcement records include evidence in any form received or
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0010| compiled in connection with any criminal investigation or
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0011| prosecution by any law enforcement or prosecuting agency,
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0012| including inactive matters or closed investigations to the
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0013| extent that they contain the information listed above;
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0014| [E.] (5) as provided by the Confidential
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0015| Materials Act; [and]
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0016| (6) public records containing the identity of
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0017| or identifying information relating to an applicant or nominee
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0018| for the position of president of a public institution of
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0019| higher education; and
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0020| [F.] (7) as otherwise provided by law.
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0021| B. At least twenty-one days before the date of
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0022| the meeting of the governing board of a public institution of
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0023| higher education at which final action is taken on selection
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0024| of the person for the position of president of the
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0025| institution, the governing board shall give public notice of
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- 2 -0001| the names of the finalists being considered for the position.
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0002| The board shall consider in the final selection process at least
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0003| five finalists. The required notice shall be given by
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0004| publication in a newspaper of statewide circulation and in a
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0005| newspaper of county-wide circulation in the county in which the
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0006| institution is located. Publication shall be made once and shall
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0007| occur at least twenty-one days and not more than thirty days
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0008| before the described meeting.
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0009| C. Postponement of a meeting described in Subsection
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0010| B of this section for which notice has been given does not
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0011| relieve the governing body from the requirement of giving notice
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0012| of a rescheduled meeting in accordance with the provisions of
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0013| Subsection B of this section.
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0014| D. Action taken by a governing body without
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0015| compliance with the notice requirements of Subsections B and C of
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0016| this section is void.
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0017| E. Nothing in Subsections B through D of this section
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0018| prohibits a governing body from identifying or otherwise
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0019| disclosing the information described in this section."
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