Get Educated - Rolling Quorums
It’s illegal regardless of whether elected members of a body discuss and decide among themselves, as appears to be the case in Bernalillo County, or when an employee who works for an elected body goes to various members to get approval and then takes action, as may have happened in Las Cruces. It’s illegal regardless of whether those conversations take place in person, by phone, via text, or through messaging apps. “…even when members are not all communicating directly among themselves, their communications through one individual can still constitute a quorum,” states a 2018 opinion from the state DOJ, which was responding to a violation committed by the University of New Mexico Board of Regents. “A rolling quorum is impermissible and violates OMA, which requires all conversations to be had and decisions to be made in an open meeting.”
So- we keep hearing about Rolling Quorum.
What is that? It's the idea that councilors agree how to vote prior to the official vote.
That is it.
It's against the law.
It is a violation of the Open Meetings Act. It's that simple.
"Fundamental to the Open Meetings Act is your right to witness both the discussions and votes of the Council." (Quoted from article listed below.)
Here is an article about Las Cruces violating the Open Meetings act. However, it explains rolling quorum and the problems associated with them very clearly. Read that article here.
So, when you sit in a meeting and see two Councilors look at one prior to voting as if they are waiting for guidance how to vote - that is a big oops.
When you sit in a meeting and see an obvious scripted performance with the eye rolling, laughing, comments that build on each other - that is a big oops.
When you drive by a house and see their three cars outside - that is a big big big oops.
Note this: They are NOT just breaking the law. They are violating your right to hear the debate, understand their vote, have a say in the government actions (because the decisions has already been agreed to among the three.)