MINUTES OF THE SPECIAL OPEN MEETING NEW MEXICO PUBLIC REGULATION COMMISSION August 31, 2020 TIME: 10:00 a. m. PLACE: Zoom Virtual Meeting A quorum was present remotely as follows: Members Present: Commissioner Theresa Becenti-Aguilar, Chair Commissioner Jefferson L. Byrd, Vice-Chair Commissioner Valerie Espinoza, District 4 Commissioner Stephen Fischmann, District 5 [arriving later] Commissioner Cynthia B. Hall, District 1 Members Absent: None Staff Present: Jason Montoya, Chief of Staff Jim Williamson, ASD Director General Counsel Present: Michael Smith, Acting General Counsel Judith Amer, Associate General Counsel Others Present: Carl Boaz, Stenographer CALL TO ORDER The Special Open Meeting was scheduled at 10:00 a.m., pursuant to proper notice under NMSA 1978, 10-15-1(c), and the Commission’s Open Meeting Policy. Commissioner Becenti- Aguilar, Chairperson, called the Special Meeting to order at 10:00 a.m. through Zoom, with remote access for the public. A copy of the agenda is incorporated herewith to these minutes as Exhibit 1. New Mexico Public Regulation Commission August 31, 2020 Page 1 I. CONSIDERATION AND APPROVAL OF THE AGENDA Commissioner Byrd moved, seconded by Commissioner Becenti-Aguilar, to approve the agenda as published. The motion was approved on a 4-0 roll call vote with Commissioner Byrd, Commissioner Hall, Commissioner Espinoza, and Commissioner Becenti-Aguilar voting in the affirmative and none voting against. Commissioner Fischmann was not present for the vote. II. EXECUTIVE CLOSED SESSION PURSUANT TO NMSA 1978, SECTION 19-15-1(H)(7) – TO DISCUSS THREATENED AND PENDING LITIGATION MATTERS • Potential Action on Potential Litigation Issues Relating to PRC Eviction from PERA Building Commissioner Byrd moved, seconded by Commissioner Becenti-Aguilar, to go into executive closed session pursuant to NMSA 1978, §10-15-1(H)(7) to discuss potential :litigation issues relating to the PRC eviction from the PERA Building. The motion was approved on a 4-0 roll call vote with Commissioner Byrd, Commissioner Hall, Commissioner Espinoza, and Commissioner Becenti-Aguilar voting in the affirmative and none voting against. Commissioner Fischmann was not present for the vote. The Commission went into executive session at 10:05 a.m. Commissioner Fischmann joined the meeting during the executive session. The executive session ended at 11:31 a.m. Commissioner Byrd moved, seconded by Commissioner Hall, to return to open session. The Motion was approved on a 5-0 roll call vote with Commissioner Byrd, Commissioner Hall, Commissioner Espinoza, Commissioner Fischmann and Commissioner Becenti-Aguilar voting in the affirmative and none voting against. Mr. Smith announced to the public that during the executive session, no actions were taken, and the only matter discussed was the litigation identified on the agenda. III. POTENTIAL ACTION • Potential Action on Potential Litigation Issues Relating to PRC Eviction from PERA Building The Commission took no action related to the PRC Eviction from the PERA Building. New Mexico Public Regulation Commission August 31, 2020 Page 2 IV. ADJOURNMENT The Special Meeting was adjourned at 11:33 a.m. ATTEST: /s/ Carl Boaz, electronically signed Carl Boaz, Stenographer APPROVED: September 16, 2020 /s/ Cynthia B. Hall, electronically signed CYNTHIA B. HALL, COMMISSIONER DISTRICT 1 /s/ Jefferson Byrd, electronically signed JEFFERSON L. BYRD, COMMISSIONER DISTRICT 2 /s/ Valerie Espinoza, electronically signed VALERIE ESPINOZA, COMMISSIONER DISTRICT 3 /s/ Theresa Becenti-Aguilar, electronically signed THERESA BECENTI-AGUILAR, COMMISSIONER DISTRICT 4 /s/ Stephen Fischmann, electronically signed STEPHEN FISCHMANN, COMMISSIONER DISTRICT 5 New Mexico Public Regulation Commission August 31, 2020 Page 3 .