AGO IAL111606.

• Case Date: November 16, 2006
• Court: New Mexico

New Mexico Attorney General Opinions 2006. AGO IAL111606. November 16, 2006 Honorable Mary Kay Papen New Mexico State Senate904 Conway AveLas Cruces NM 88005 Re: Opinion Request: Valley Community LibraryDear Senator Papen: You requested our opinion regarding whether the Board of Directors for the Valley Community Library in Anthony ("Board") may permit a member to participate in its meetings by telephone. In order to respond, we have researched whether the Board is a public body subject to the state's Open Meetings Act ("OMA"), NMSA 1978, Sections 10-15-1 through 10-15-4 (1999). As discussed below, we conclude that the Board is a public body for purposes of the OMA and its bylaws specifically require its members to attend and participate in Board meetings in person. The Valley Community Library was not created or established by any state or local political subdivision, but was instead organized by interested local citizens pursuant to the state's Nonprofit Corporation Act, NMSA 1978, §§ 53-8-1 through 53-8-99 (2003). See Articles of Incorporation of Valley Community Library, Inc. (April 13, 1998); see also April 12, 2006 letter from Paul Williams, President, Valley Community Library to the Office of the Attorney General, copied to yourself. The Valley Community Library states its primary purpose is to serve as a library for persons residing in central and southern Doña Ana County. See Articles of Incorporation, Art. III, Sec. A; Valley Community Library, Inc. Amended Bylaws, Art. I, Sec. 1.3 (September 12, 2005). As part of our research, we contacted Mr. Armando Cordero, Facilities Manager for the Doña Ana County Public Works Department, regarding the County's funding and oversight of the Valley Community Library. The County does not own the building in which the Valley Community Library is housed; the Anthony Water and Sanitation District owns the building and leases it to the Valley Community Library. The County exercises no oversight of the Valley Community Library's operation. Mr. Cordero explained that the County does not itself fund the Valley Community Library. However, pursuant to its Joint Powers Agreement with the State Library, Doña Ana County serves as the fiscal agent for the Valley Community Library and administers the grants awarded to it by the State Librarian. For fiscal year 2006, the County...