TITLE 4 CULTURAL RESOURCES
CHAPTER 51 MUSEUM OF NEW MEXICO
PART 1 GENERAL
PROVISIONS
4.51.1.1 ISSUING AGENCY: Museum of New Mexico Board of Regents.
[4.51.1.1
NMAC - Rp, 4.51.1.1 NMAC, 12/12/17]
4.51.1.2 SCOPE: This rule applies to the board and the department.
[4.51.1.2
NMAC - Rp, 4.51.1.2 NMAC, 12/12/17]
4.51.1.3 STATUTORY AUTHORITY: Subsection G of Section 18-3-3 NMSA 1978.
[4.51.1.3
NMAC - Rp, 4.51.1.3 NMAC, 12/12/17]
4.51.1.4 DURATION: Permanent.
[4.51.1.4
NMAC - Rp, 4.51.1.4 NMAC, 12/12/17]
4.51.1.5 EFFECTIVE DATE: December 12, 2017, unless a later date is
cited at the end of the section.
[4.51.1.5
NMAC - Rp, 4.51.1.5 NMAC, 12/12/17]
4.51.1.6 OBJECTIVE: This part defines the membership of the board
of regents of the museum of New Mexico and the roles and duties of the board
members.
[4.51.1.6
NMAC - Rp, 4.51.1.6 NMAC, 12/12/17]
4.51.1.7 DEFINITIONS: As used in this rule:
A. “Directors” means
the directors of each of the six divisions of the department of cultural affairs
that are part of the museum of New Mexico.
B. “Department” means the department of the cultural
affairs.
C “Board” means
the board of regents of the museum of New Mexico.
D. “Museum” means the museum of New Mexico.
E. “Executive assistant” means the
person appointed by the board to perform administrative tasks for the board
that is either an employee of the department or a contractor.
[4.51.1.7
NMAC - Rp, 4.51.1.7 NMAC, 12/12/17]
4.51.1.8 RULES AND PROCEDURES OF THE BOARD OF REGENTS:
A. Name: The
name of the board is the museum of New Mexico board of regents.
B. Officers: At its annual meeting, the board shall
elect officers consisting of a president, a vice president, and a secretary,
who shall serve one-year terms or until the board elects successors.
(1) The
president shall preside at all meetings of the board and shall perform all
duties and exercise all powers usually pertaining to the office of president, including the appointment of
committees and the delegation of authority to specific offices or board
members.
(2) The
vice president shall, in the absence or incapacity of the president, exercise
all the powers and duties of the president.
(3) The
secretary shall, in the absence or incapacity of the president and vice
president, exercise all the powers and duties of the president. The secretary shall also work with the executive
assistant to ensure that the board’s actions and documents are properly
maintained, recorded, and retained. In
particular, the secretary shall ensure that the executive assistant records the
board’s meeting minutes and obtains proper signatures on legal documents. The
secretary shall write a memo when all documents are received, certifying that
the meeting file is complete.
C. Meetings:
(1) All meetings of a quorum of the
members of the board shall be public meetings in accordance with the provisions
of the Open Meetings Act (Sections 10-15-1 to 10-15-4 NMSA 1978).
(2) Annual
meeting: The midsummer meeting is the board’s
annual meeting.
(3) Regular meetings: Regular meetings shall be scheduled not less
than once every two months.
(4) Special
meetings: The president may call special
meeting at any time for a stated purpose; the president shall call a special
meetings if requested by any five board members.
(5) Quorum: A quorum of the board shall consist of five
members.
(6) Agenda: Any member of the board may request inclusion
of an item of business on the agenda in accordance with the Open Meetings Act
constraints, or a member may introduce such items at the time of meeting in the
appropriate order of business for discussion purposes only. Persons, not
members of the board, desiring to be heard by the board may be placed on the
agenda by notifying the executive assistant two weeks in advance of regular
meeting; if this is not done, a majority vote of the members present will be
required for the matter to be heard.
(7) Voting: All members of the board, including the
presiding officer, shall have one vote. Proxy votes shall not be permitted. The
majority vote of members present shall prevail.
[4.51.1.9
NMAC - Rp 4.51.1.10 NMAC & 4.51.1.11 NMAC,
12/12/17]
4.51.1.9 DUTIES AND RESPONSIBILITIES OF
THE BOARD: The board shall perform and execute the
powers and duties authorized to it under Section 18-3-3 NMSA 1978, or such
other statutes that may apply and any additional responsibilities it designates
for itself that are permitted by law. Among its duties, the board:
A. shall elect from
among its members a president and other officers deemed necessary by it;
B. shall establish museum
policy and determine the mission and direct the development of the museum;
C. shall solicit
funds for the purpose of developing, restoring and equipping the museum and its
property and for the purchase of objects and works of art for its collections
and for the development of exhibits and other public programs;
D. shall exercise
trusteeship over the collections of the museum;
E. shall hold title
to all property for museum use;
F. shall review and
have approval authority over permanent modifications to the real property to
which it holds title and the architectural elements of the property, including
but not limited to permanent changes to the interior and exterior of the museum’s
buildings and new permanent signage and permanent modifications to existing
signage;
G. shall acquire
objects of historical, archaeological and ethnological interest and works of
fine art, folk art and craft of interest to the public and real property for museum
use or benefit by purchase, donation and bequest;
H. shall adopt
rules as appropriate governing;
(1) the loan of objects and exhibits to qualified institutions
and agencies for the purpose of exhibition;
(2) gifts, donations or loans of exhibit or collection materials
for the museum;
(3) the licensure of the museum’s intellectual property; and
(4) other matters necessary to carry out the provisions of
Chapter 18, Article 3 NMSA 1978;
I. shall enter
into leases with public or private agencies or organizations for the use of
museum premises or facilities as appropriate for time periods that exceed 45
days;
J. shall cooperate
with other agencies and political subdivisions of municipal, state, tribal and
federal governments and private organizations and individuals to the extent
necessary to establish and maintain the museum and its programs;
K. shall, subject to
statutory provisions and excepting temporary statewide initiatives of the secretary
of cultural affairs, impose admission fees to the museum facilities and
programs;
L. shall review
annually the performance of the directors and report its findings to the secretary
of cultural affairs;
M. shall review and
approve all proposed dispositions of property belonging to the museum or the
state of New Mexico in the care and custody of the museum, which disposition
shall thereafter take place in accordance with all appropriate law and
regulations;
N. shall know the
programs and needs of the museum in relation to the state; keep abreast of
standards and trends;
O. are encouraged to attend regional, state and national
meetings and workshops, and affiliate with the appropriate professional
organizations when possible;
P. shall establish
good public relations for the museum in contacts with the community at large;
Q. may request such
financial information from the department as it deems necessary to serve as
trustee to the museum’s collections;
R. may request the directors
to present at board meetings a report of the activities of their
respective divisions subsequent to the
previous board meeting, including proposed and projected plans of operation and
a report of any proposed property dispositions;
S. may request
that the secretary of cultural affairs furnish to the board copies of the state
auditor's annual audit report of the department's books and records, and such
interim or other reports;
T. may give the secretary
of cultural affairs ex officio status on all committees of the board and any
other committees created by the board, except for any board committee formed to
recommend candidates for directors to the secretary of cultural affairs; and
U. may adopt a
schedule of hours of operation and holiday closings for the museum, and any
changes thereto, during a public meeting and shall post such schedule on its
website.
[4.51.1.9
NMAC - Rp, 4.51.1.8 NMAC & 4.51.1.11 NMAC, 12/12/17]
4.51.1.10 THE MUSEUM OF NEW MEXICO:
A. Organization of
the museum. The museum is a system of
museums, historic sites, the laboratory of anthropology,
the office of archeological services, the museum of New Mexico press, and
archeological collections. By statute,
it is divided into six divisions.
B. Property. The board may acquire and control real
property and collections by purchase, donation, and bequest for museum use or
benefit at any time. Responsibility for the administration of its holdings, in
accordance with all appropriate state laws and regulations, rests with the museum.
[4.51.1.10
NMAC - Rp, 4.51.1.13 NMAC, 12/12/17]
HISTORY OF
4.51.1 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the state records center and archives under:
MD
75-1, Handbook of the Board of Regents of the Museum of New Mexico, 9/4/75.
MNM:
No. 4, Open Meeting Notice, 9/14/81.
MNM:
Rule No. 4, Open Meeting Notice Resolution, 10/29/84.
MNM:
Rule No. 4, Open Meeting Notice Resolution, 6/10/86.
MNM:
Rule No. 4, Open Meeting Notice Resolution, 2/26/88.
MNM:
Rule No. 4, Open Meetings Resolution, 7/21/94.
MNM:
Rule 7, Policy on Accreditation, 10/18/82.
MNM:
Rule 12, Policy on Equal Opportunity/Affirmative Action, 10/18/82.
MNM:
Rule 15, Policy on Handicapped Access, 10/20/82.
MNM:
Rule No. 16, Policy on Hours and Seasons of Operation, 10/20/82.
MNM:
Rule No. 16, Hours and Seasons of Operation, 6/11/85.
MNM:
Rule No. 16, Hours and Seasons of Operation, 9/30/86.
MNM:
Rule No. 16, Hours and Seasons of Operation, 5/27/88.
MNM:
Rule No. 21, Policy on Public Access to Collections, 10/26/82.
MNM:
Rule No. 22, Policy on Volunteers, 10/26/82.
MNM:
Rule No. 35, Policy on Professional Associations and Meetings, 1/19/83.
MNM:
Rule No. 41, Personnel Actions, 8/25/83.
MNM:
Rule No. 49, Public Relations and Information, 4/5/84.
History of
Repealed Material:
4.51.1
NMAC recompiled 10/31/01, repealed 12/12/17.