4) Penalties and fees

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Any person, which includes public officials and public employees, who violates the Open Meetings Act is guilty of a misdemeanor and upon conviction can be punished by a fine of not more than $500 for each offense.  NMSA 1978 § 10-15-4


If a district court determines that a public body violated the Act, the court may declare the public body’s actions invalid and issue an order enjoining the public body from implementing the illegal action, an order requiring the public body to take action required by the Act or any other appropriate order.


Any individual who is successful in an enforcement action under OMA, shall be awarded costs and reasonable attorney fees. However, if the prevailing party is a public body defendant, the public body shall be awarded court costs. If the plaintiff brought the enforcement action without sufficient information or good grounds to support the OMA claim, the prevailing public body defendant will receive reasonable attorney fees from the plaintiff.  NMSA 1978 § 10-15-3-C