The New Mexico Department of Justice (NMDOJ) has issued a ruling that public bodies holding meetings under the Open Meetings Act (OMA) cannot impose restrictive requirements on virtual attendees. This decision was announced in an opinion released on October 17, 2024.

The NMDOJ's final disposition letter followed a complaint by the New Mexico Foundation for Open Government (NMFOG), which alleged that the Clovis Municipal School District was improperly restricting virtual access to its meetings. The district required attendees to keep their cameras on and identify themselves or face expulsion from the meeting. Jelayne Curtis, a resident within the school district, filed a similar complaint.

According to OMA, all individuals wishing to attend public body meetings must be allowed to do so and listen to proceedings. The NMDOJ emphasized that OMA aims "to protect the public and ensure their access to such meetings." It further stated that any attempt by public bodies to limit this access violates the law. Consequently, the NMDOJ instructed the School Board to eliminate these restrictive requirements from their agendas and practices.

Amanda Lavin, FOG legal director, expressed satisfaction with the NMDOJ's agreement with their assessment. "FOG is pleased that the NMDOJ agreed with our assessment that the Clovis School Board’s policy of requiring attendees at meetings to keep their cameras and identify themselves, or risk expulsion from the meeting, is a violation of the Open Meetings Act (OMA)," she said.

Before filing a formal complaint, NMFOG had sent a letter to the School Board but received no response. Subsequently, both NMFOG and Ms. Curtis requested an investigation into what they described as policies intended "to uphold integrity and decorum" during sessions while preventing attendance under false identities.

The NMDOJ noted in its letter that there might have been confusion between attending a meeting and participating in public comment. While OMA does not mandate allowing public comment during meetings, many boards permit it as part of their policy but require speakers to identify themselves.

Future complaints regarding Clovis School Board will receive increased scrutiny from NMDOJ. The department may conduct further investigations into board training and policies if necessary, potentially leading to enforcement actions ensuring government accountability.