3) Cure of violation

Topic Progress:

To cure a violation of OMA, the public body may re-discuss issues previously addressed or could vote again upon any actions taken in violation of the Act. The New Mexico Supreme considered but did not act upon the question of whether ratification of an action taken in violation of OMA is effective as of the date of ratification or retroactively to the date of the illegal action. However, in the lower court decision, the New Mexico Court of Appeals held the ratification can not be retroactive.  Palenick v. City of Rio Rancho, 2011-NMCA-018, 270 P.3d 1281, 2011.


If after receiving notice of an OMA violation, the public body denies any wrongdoing, ignores the notice or announces its intention to continue conducting business in the same manner, the Attorney General may file criminal charges or take other action against the public body or public officials allegedly in violation of the Act. AG OMA Guide, p. 79


In some cases, the violation of the Act may not be “curable” by retaking action. In those cases, the public body can agree to use its best efforts to avoid future OMA violations.