2) Enforcement by Attorney General, District Attorneys and members of the public

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Violations of the Open Meetings Act are prosecuted by the Attorney General or the district attorney in the jurisdiction where the violation occurred. In addition, any individual may bring his or her own action for enforcement of the Act in the State’s district courts. NMSA 1978 § 10-15-3-B


Before filing a lawsuit in district court, an individual must first give the public body notice of the alleged OMA violation. If the public body does not then act upon the complaint within 15 days of receiving the notice, the individual can then file suit for enforcement.  NMSA 1978 § 10-15-3-B


A public meeting held to address a claimed violation of OMA must include a summary of comments made at the meeting at which the claimed violation occurred.