Gutierrez v. City of Albuquerque

631 P.2d 304, 96 N.M. 398
CourtNew Mexico Supreme Court
DecidedJune 25, 1981
Docket13419, 13264
StatusPublished
Cited by17 cases

This text of 631 P.2d 304 (Gutierrez v. City of Albuquerque) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gutierrez v. City of Albuquerque, 631 P.2d 304, 96 N.M. 398 (N.M. 1981).

Opinion

OPINION

EASLEY, Chief Justice.

Two cases are consolidated in this appeal. It is unnecessary to sort out the procedural morass by which these cases have come before us. Suffice it to say that in one case, brought by various citizens of Albuquerque (Petitioners), the district judge ruled that a meeting of the City Council of Albuquerque, at which the application of Elliott Enterprises, Inc. (Elliott), for permission to sell alcoholic beverages within 300 feet of a school was granted, did not comply with Section 10-15-1, N.M.S.A.1978 (Repl.Pamp.1980), of the Open Meetings Act. We reverse this decision. In the other case, brought by Elliott, another district judge ruled that the meeting complied with the requirements of the Open Meetings Act. We affirm this decision.

The sole issue presented by these cases is whether the fact that the Council Chambers were not large enough to accommodate all of the large crowd that appeared to attend the meeting, rendered invalid the approval of Elliott’s application on the ground that it was not a public meeting.

Elliott’s application for permission to sell alcoholic beverages within 300 feet of a school generated a great deal of public interest and controversy. An overflow crowd arrived to attend the City Council meeting of July 28, 1980, at which Elliott’s application was considered. The Council Chambers were filled in excess of the maximum occupant load of 156 persons. The rest of the crowd (including Petitioners) had to remain outside the Chambers. As persons left the Chambers, others were allowed to enter. Loudspeakers were set up outside the Chambers and were operative during at least a portion of the meeting so that those outside the Chambers could listen to the proceedings. The meeting was broadcast on an Albuquerque radio station and received extensive media coverage. A motion was made to move the meeting to a larger room at the beginning of the meeting, but was denied for a variety of reasons, including inadequate sound systems at alternative locations. Members of the public who registered were allowed to present their views to the Council. Proponents of the agenda items were allowed one hour to present their views; opponents of the items were ultimately allowed one hour and fifteen minutes to present their views.

Petitioners contend that the meeting was not a public meeting as required by Section 10-15-1 of the Open Meetings Act on the ground that they were not allowed to attend and listen to the proceedings. Pertinent portions of Section 10-15-1 provide:

A. The formation of public policy . . . shall not be conducted in closed meeting. All meetings of any public body, except the legislature, shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings.
B. All meetings of a quorum of members of any . . . policy-making body of any . . . municipality . . . held for the purpose of formulating public policy, discussing public business or for the purpose of taking any action . . . are declared to be public meetings open to the public at all times, except as otherwise provided .... (Emphasis added.)

Petitioners focus upon the language “attend and listen” and contend that all must be in the room or in the presence of the Council members, regardless of the size of the crowd and the limitations of the meeting hall. This narrow view would permit invalidation of any action by a public body by the simple method of overflowing the Chambers. Thus, the Council, to be safe, would have to hire the football stadium or hold its meetings in a wide open space. Even then, reductio ad absurdum, if a tree or other obstruction stood between an individual and the Council, he could claim that he was not permitted to “attend”.

To “attend and listen” is equally susceptible of an interpretation that persons desiring to attend shall have the opportunity to do so, that no one will be systematically excluded or arbitrarily refused admittance, and that the meeting will not be “closed” to the public. The circumstances of this case make manifest the reasonableness of such an interpretation. Everyone desiring to attend the City Council meeting was afforded an opportunity to do so, but once the hall was filled, no others could be admitted.

Since the phrase is susceptible of different interpretations by reasonable men, we turn to the rules of statutory construction in an effort to discern the intent of the Legislature. N. M. State Bd. of Ed. v. Bd. of Ed., Etc., 95 N.M. 588, 624 P.2d 530 (1981). In ascertaining legislative intent, we will look not only to the language used in the statute, but also to the object sought to be accomplished and the wrong to be remedied. We will give effect to legislative intent by adopting a construction which will not render the statute’s application absurd or unreasonable and will not lead to injustice or contradiction. N. M. State Bd. of Ed. v. Bd. of Ed., Etc., supra; State ex rel. Newsome v. Alarid, 90 N.M. 790, 568 P.2d 1236 (1977).

In Raton Public Service Company v. Hobbes, 76 N.M. 535, 417 P.2d 32 (1966), this Court examined a predecessor to the current Open Meetings Act which provided that “governing bodies of all municipalities . . . shall make all final decisions at meetings open to the public.” § 5-6-17, N.M.S. A.1953. The Court stated that the purpose of this statute “was to provide that governing bodies dealing with public funds be required to make decisions in the open where the interested public could observe the action.” Id. at 543, 417 P.2d at 37. Though the statute has changed in certain particulars since that case, we see nothing to indicate any fundamental change in legislative purpose.

The Arizona Supreme Court, examining a statute quite similar in language to our Section 10-15-1, stated that “[t]he intent of the legislature was to open the conduct of the business of government to the scrutiny of the public and to ban decision-making in secret. (Citations omitted.) A meeting held in the spirit of this enunciated policy is a valid meeting.” Karol v. Bd. of Ed. Trustees, Etc., 122 Ariz. 95, 593 P.2d 649, 651 (1979).

The Minnesota Supreme Court has stated that “[t]he purpose of [the Open Meetings] statute is to prohibit action’s [sic] being taken at a secret meeting where it is impossible for the interested public to become fully informed concerning board decisions or to detect improper influences. But while the statute orders that the public be given an opportunity to observe, it does not compel a board to conduct business in a place most advantageously suited for public viewing.” Lindahl v. Independent School District No. 306, 270 Minn. 164, 133 N.W.2d 23, 26 (1965) (footnote omitted).

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631 P.2d 304, 96 N.M. 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gutierrez-v-city-of-albuquerque-nm-1981.