City of Las Vegas, NM
San Miguel County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Las Vegas as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 2, Art. 1 of the 1972 City Code]

§ 14-1 Qualifications; term.

The chief executive officer of the municipality shall be the Mayor who shall be a qualified elector residing within the limits of the municipality. The Mayor shall be elected for a two-year term.

§ 14-2 Duties.

The Mayor shall preside over all meetings of the governing body and shall vote only when there is a tie vote. As the chief executive officer of the municipality, the Mayor shall:
A. 
Cause the ordinances and regulations of the municipality to be obeyed;
B. 
Exercise, within the municipality, powers conferred upon sheriffs of counties to suppress disorders and keep the peace; and
C. 
Perform other duties, compatible with his office, which the governing body may require, or which may be otherwise required by law.

§ 14-3 Compensation.

[Amended by Ord. No. 81-19; 8-14-1997 by Ord. No. 86-7; 8-18-1999 by Ord. No. 99-1; 6-29-2007 by Ord. No. 07-11]
Compensation of the Las Vegas City Mayor shall be reduced from $19,854 per year, to $15,000 per year, effective March 4, 2008, in conjunction with the regular municipal election. Thereafter, effective March 2, 2010, in conjunction with the regular municipal election, compensation for the Las Vegas City Mayor shall be reduced to $10,005 per year. The Las Vegas City Mayor shall not receive a reduction in compensation during his/her current term of office, but shall apply to the successful mayoral candidate in the next regular municipal election. This ordinance recognizes that each elected City official shall receive equal compensation, as well as reflects the provisions with the Constitution of the State of New Mexico, Article IV, Section 27.

§ 14-4 Mayor Pro Tem.

The governing body of the municipality shall elect one of its members to serve as Mayor Pro Tem, who, in the absence of the Mayor, shall perform the duties of Mayor. (Refer to Resolution No. 10-58 for term limit for Mayor Pro Tem).

§ 14-5 Vacancy.

In the event of the death, disability, resignation or change of residence from the municipality, of the Mayor, the governing body shall appoint by a majority vote a qualified elector to fill the vacancy for the unexpired term of office.
[Adopted as Ch. 2, Art. 2 of the 1972 City Code]

§ 14-6 Council members; Official Ward Map.

[Amended 10-16-1985 by Ord. No. 74-15]
A. 
Election of Council members. The legislative branch of the municipality shall consist of a Council of eight Council members to be elected from wards for terms of four years. The City shall be divided into four wards comprised of voting divisions of precincts combined in compact and contiguous groups and composed of populations as nearly equal as practicable. In each general municipal election, one Council member shall reside in and be elected from each ward for a term of four years.
B. 
Ward boundaries. The location and boundaries of the four wards shall be shown and delineated on the Official Ward Map for the City, which shall, after adoption, be made a part of this article, and said map and all notations and information shown thereon shall thereafter be as much a part of this article as if all the matters and information set forth on said map were fully described herein. The Official Ward Map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the Seal of the City under the following words: "This is to certify that this is the Official Ward Map referred to in § 14-6 of the Las Vegas City Code," together with the date of adoption of this article.
C. 
Altering ward boundaries. Once, following every federal decennial census, the City Council shall, by ordinance, readjust ward boundaries and adopt the new ward boundary map as necessary for distribution of the population as nearly equal as practicable and to maintain wards in compact and contiguous groups.
D. 
Qualification of Council members. Each member of the governing body shall be a resident of the municipality, a resident of his ward, and a qualified elector thereof. If any Council member moves from, or becomes a nonresident of the municipality or of the ward from which he was elected during his term of office, he shall be deemed to have vacated his office upon the adoption by the governing body of a resolution declaring such vacancy to exist.
E. 
Powers and duties. The corporate authority of the municipality shall be vested in the Council which shall possess all powers granted by law, or other municipal powers not conferred by law or ordinances on another officer of the municipality. The Council shall:
(1) 
Manage and control the finances and all property, real and personal, belonging to the municipality;
(2) 
Determine the time and place of holding its meetings, which shall be open to the public;
(3) 
Determine the rules of its own proceedings;
(4) 
Keep minutes of its proceedings, which shall be open to examination by any citizen;
(5) 
Adopt rules and regulations necessary to effect the powers granted municipalities;
(6) 
Prescribe the compensation and fees to be paid municipal officers and employees; and
(7) 
Prescribe the powers and duties of those officers whose terms of office or powers and duties are not defined by law, and impose additional powers and duties upon those officers whose powers and duties are prescribed by law.
F. 
Vacancies. In case of death, resignation, vacation or removal for cause of any member of the Council during his term of office, the Mayor, with the advice and consent of Council, shall appoint a qualified elector of the municipality and the ward, to fill the vacancy until the next regular municipal election, at which time a qualified elector shall be elected to fill the remaining unexpired term, if any.
G. 
Compensation. Compensation of the Las Vegas City Council persons shall be reduced from $19,854 per year, to $15,000 per year, effective March 4, 2008, in conjunction with the regular municipal election. Thereafter, effective March 2, 2010, in conjunction with the regular municipal election, compensation of the Las Vegas City Council persons shall be reduced from $19,854 per year to $10,005 per year. Thereafter, effective March 6, 2012, in conjunction with the regular municipal election, compensation of the Las Vegas City Council persons shall be reduced from $15,000 per year to $10,005 per year. City Council persons shall not receive a reduction in compensation during their individual current term of office, but shall apply to the successful City Council persons in the next regular municipal election. This ordinance recognizes that City elected officials may earn different amounts of compensation due to their staggered terms, as well as reflects the provisions with the Constitution of the State of New Mexico, Article IV, Section 27.
[Amended by Ord. No. 81-19; 8-14-1997 by Ord. No. 86-7; 8-18-1999 by Ord. No. 99-1; 6-29-2007 by Ord. No. 07-11]

§ 14-7 Procedure for regular and special meetings.

A. 
Regular meetings. The governing body shall determine, by resolution, the date and time of its regular meetings. When the day of the regular meeting falls on a legal holiday, such meeting shall be held on a date determined by the governing body. All regular meetings shall be held at the City Council Chambers or such other public place as the governing body may designate.
B. 
Special meetings. The Mayor, or a majority of the members of the Council, may call special meetings by notice to each member of the Council, personally served or left at his usual place of residence 24 hours prior to the meetings.
C. 
Quorum. No action shall be taken unless a quorum is present. A majority of the members of the governing body shall constitute a quorum for the purpose of transacting business at any regular or special meeting where each question must be decided by a majority vote of the members present.
D. 
Agenda. All reports, communications, ordinances, resolutions, contracts, documents, or other matters to be submitted to the governing body shall be delivered to the Clerk at least five days prior to each meeting, whereupon the Clerk shall immediately arrange a list of such matters according to the order of business. Each Councilman, the Mayor and City Attorney shall be furnished with a copy of the order of business, together with a copy of the minutes of the last meeting, prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. Additional items may be added to the agenda by unanimous consent of the members of the governing body.
E. 
Rules of debate.
(1) 
Mayor. The Mayor may not make and second motions, may debate from the chair, and shall have all privileges of other members, except that he shall only vote when there is tie vote.
(2) 
Councilmen. Each Councilman desiring to speak shall address the presiding officer and, after being recognized, confine himself to debate, avoiding personalities and indecorous language.
(3) 
Interruption. A Councilman having been recognized shall not be interrupted except to call him to order. If called to order, he shall cease speaking until the point of order is decided after which he may proceed.
(4) 
Closing debate. The Councilman moving the adoption of an ordinance or resolution shall have the privilege of closing debate.
(5) 
Reconsideration. A motion to reconsider any action taken by the governing body shall be made on the day such action was taken. Such motion shall have precedence over all other motions except a motion to adjourn and shall be debatable.
(6) 
Statement in minutes. A member of the Council may request the privilege of having his statement on any subject under consideration entered in the minutes subject to the consent of the governing body, provided that any member shall have the right to cause his reasons for dissent or protest against the action of the Council entered in the minutes without consent.
(7) 
Issues not covered. Robert's Rules of Order shall be used by the Council in determining any issue not covered by this section.
F. 
Addressing the governing body.
(1) 
Written communications. Interested parties or their representatives may address the governing body by written communication regarding any matter.
(2) 
Oral address. Taxpayers or residents of the municipality or their authorized representatives may orally address the governing body on any matter concerning the business of the municipality, provided that preference shall be given to those persons who may have notified the Clerk in advance of their desire to speak.
(3) 
Reading of protest and petitions. Taxpayers or residents of the municipality and their authorized representatives may address the governing body.
(4) 
Persons other than taxpayers and residents. Persons other than taxpayers and residents must receive prior approval before orally addressing the governing body.
(5) 
Manner of address. Each person orally addressing the governing body shall first seek the recognition of the presiding officer and after being recognized shall stand and give his name and address for the record before proceeding. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person, other than a Councilman and the person having the floor, shall be permitted to enter into any discussion without permission of the presiding officer. No question shall be asked a Councilman except through the presiding officer.
(6) 
Time limit. In order that the business of the municipality may be disposed of in an expeditious manner, the presiding officer may place limit on the length of time any person may speak.
G. 
Decorum.
(1) 
Mayor. The Mayor shall preserve the order and decorum, decide all questions of order and conduct the proceedings of the meeting in accordance with the parliamentary rules contained in Robert's Rules of Order unless otherwise provided by ordinance.
(2) 
Councilmen. While the governing body is in session, the members shall observe order and decorum and neither delay nor interrupt the proceedings of the Council nor disturb any member while speaking nor refuse to obey the orders of the Council or its presiding officer.
(3) 
Public. While the governing body is in session, no person shall act in a disorderly manner, nor while addressing the governing body shall any person make any personal, impertinent or slanderous remarks. The presiding officer may bar anyone acting improperly from continuing his address of the governing body.
(4) 
Enforcement. The Chief of Police or such police officer as he may designate shall be the Sergeant at Arms of the governing body and shall carry out all orders of the presiding officer for the purpose of maintaining the order and decorum of the session. Upon orders of the presiding officer, it shall be the duty of the Sergeant at Arms to place any person who violates the provisions of this section under arrest and cause him to be prosecuted upon the complaint of the presiding officer.
H. 
Order of business. The order of business of the governing body shall be taken up for consideration and disposition in the following order:
(1) 
Call to order. The Mayor or, in his absence, the Mayor Pro Tem shall call the meeting to order precisely at the appointed hour.
(2) 
Roll call. Before proceeding with the order of business, the Clerk or his Deputy shall call the roll of the members, and the names of those present shall be entered in the minutes.
(3) 
Reading of the minutes. Unless a reading of the minutes of a Council meeting is requested by a member of the Council, the minutes of the preceding meeting, which have been furnished by the Clerk to each Councilman, shall be considered approved if correct, and errors rectified if any exist.
(4) 
Reports by officers. Municipal officials and/or committees shall present such reports as may be required by the governing body.
(5) 
Old business. The Council shall consider any business that has been previously considered and which is still unfinished.
(6) 
New business. The Council shall consider any business not heretofore considered, including the introduction or readings of ordinances and resolutions.
(7) 
Petitions. Petitions, remonstrances, communications, and comments or suggestions from citizens present shall be heard by the Council. All such remarks shall be addressed to the Council as a whole and not to any member thereof. Such remarks shall be limited to a reasonable time, and such determination will be in the discretion of the presiding officer. No person other than the individual speaking shall enter into the discussion without the permission of the presiding officer.
(8) 
Other business. Prior to adjournment, the Council shall, as it deems necessary, consider such business as is not specifically provided for herein.
(9) 
Adjournment. The Council may, by a majority vote of those present, adjourn from time to time to a specific date and hour. A motion to adjourn shall always be in order and decided without debate.

§ 14-8 Ordinances.

All laws of the municipality shall be enacted by the passage of ordinances, all of which shall be reviewed by the City Attorney. Ordinances shall be numbered consecutively and shall bear a title which shall set forth in general terms its subject matter; shall contain an enacting clause; and shall bear the date, signatures of the Mayor and attesting officer, and the Seal of the City. The City Clerk shall keep a permanent log book in which the original of each ordinance considered, whether or not adopted, shall be kept.

§ 14-9 Resolutions.

A. 
Resolutions shall be used in every case where an ordinance is not required and shall be appropriate in the following instances:
(1) 
Entering into a contract;
(2) 
Directives of the City Manager or staff members;
(3) 
Adoption of a policy concerning employees, utilities services, or equipment;
(4) 
Granting of a right or privilege to any person when a contract is not required;
(5) 
Changes in the Zoning Map of the City;
(6) 
Changes in the fire districts of the City;
(7) 
Changes in the Master Plan of the City;
(8) 
Authorizing the issuance of bonds; and
(9) 
In every other case where it is deemed in the public interest that a full and permanent record be made and kept of the action of the governing body.
B. 
Resolutions shall be numbered consecutively giving first the calendar year, and shall bear a title which shall set forth in general terms its subject matter; shall contain a resolving clause; and shall bear the date, signature of the Mayor and attesting officer, and the Seal of the City. The City Clerk shall keep a permanent log book in which the original of each resolution considered, whether or not adopted, shall be kept.

§ 14-10 Publication of ordinances.

All ordinances shall be published once in a legal newspaper published within the municipality either in its entirety or by title and a general summary of the subject matter contained in the ordinances, whichever the governing body elects to do. An ordinance shall not become effective until five days after it has been published, unless otherwise provided by law.

§ 14-11 Committees.

A. 
Standing. The only standing committee of the governing body shall be the committee of the whole; the Mayor shall be its presiding officer, and applicable rules of procedure of the governing body shall be observed.
B. 
Special. Special committees shall be appointed by the Mayor unless otherwise determined by the governing body.
C. 
Reports. Reports of standing or special committees shall be made in writing and shall be submitted together with the petition, resolution, account or other paper under consideration. All reports shall be filed with the Clerk for entry in the minutes.

§ 14-12 Oath and bond.

All officers, elected or appointed to any municipal office, shall take an oath or affirmation to support the Constitution of the United States, the Constitution and laws of New Mexico and to faithfully perform the duties of the office. The governing body shall provide that the payment of premiums on surety bonds of any officer of the municipality shall be made by the City Treasurer from funds so designated by the Council.

§ 14-13 Removal from office.

Any person elected or appointed to an elective office of the municipality may be removed for malfeasance in office by the District Court upon complaint of the Mayor or governing body of the municipality. Any such officer shall be entitled to a hearing at a time fixed by the court after not less than 10 days' notice of such proceedings by service, as in the case of summons in civil actions, with a copy of the complaint filed in the proceedings.