City of Española, NM
Rio Arriba County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Española as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-22-1990 by Ord. No. 460 (Ch. 2, Art. V, of the Code of Ordinances)]
The following boards, commissions and committees shall be appointed in the manner as provided by ordinance, and carry out such duties as are provided in this chapter or set forth in this Code, as amended:
A. 
Fiesta Advisory Council;
B. 
Fiesta Committee;
C. 
Library Board;
D. 
Lodger's Tax Advisory Board;
E. 
Grievance Review Board; and
F. 
Planning and Zoning Commission.
A. 
"Standing boards, commissions or committees" means an advisory board, commission or committee, appointed by the Mayor with the advice and consent of the City Council, whose work is to be generally continuous and a part of the fundamental concerns of the City Council.
B. 
The Mayor shall appoint the members of the standing boards, commissions or committees at the organizational meeting of the City Council and at such other times as the City Council deems appropriate.
A. 
"Special boards, commissions or committees" means an ad hoc advisory group which, in the discretion of the Mayor or City Council, will facilitate the policy-making function of municipal government. Such group shall be appointed by the Mayor, with the advice and consent of the City Council, and may be comprised of Council members and citizens-at-large, or entirely of citizens-at-large.
B. 
The Mayor shall appoint the members of the special boards, commissions or committees at the organizational meeting of the City Council and at such other times as the City Council deems appropriate.
C. 
With the submission of its final report, or when the special group's task is completed, the group is automatically dissolved.
All meetings of the boards, commissions or committees shall be held at City Hall or such other public building as may be designated.
A majority of all the members of a board, commission or committee delegation shall constitute a quorum for the transacting of business. A motion shall carry upon the affirmative vote of the majority of the members present at any meeting.
Except as otherwise provided by law, the City Council may remove any member of any board, commission or committee by the affirmative vote of a simple majority of the City Council upon the grounds of malfeasance or nonfeasance of office, for any reason whatsoever or for no reason.
The tenure of any member of a board, commission or committee shall be automatically terminated if such member shall absent himself from more than three consecutive regular meetings of the group without having notified the chairman in advance of the reason for such absence, provided that the City Council, at its discretion, may continue any member in office if sufficient reason is shown for his absence.
If a vacancy occurs on a board or commission or committee, the Mayor, with the consent of the City Council, shall appoint a person to fill the vacancy for the remainder of the unexpired term.
The Mayor, members of the City Council, or administrative officers of the City may be appointed as ex officio members of any board, commission or committee.
Meetings of any board, commission or committee shall be scheduled with the City Clerk with as much prior notice as is provided in the City open meetings resolution.
[Adopted 11-30-2009 by Ord. No. 2009-09]
Committees, which are advisory in nature to the governing body, whether authorized by specific state statute or by implied powers granted to the City of Española, shall be established by the Open Meetings Resolution of the City of Española. In no way is the committee to be used as a way to "overrule" or "overturn" governing body decisions, ordinances or resolutions adopted by the City.
The governing body shall create and the Mayor shall appoint, with governing body approval, representatives from among Council members to "Councilor committees," which shall be responsible throughout the year for meeting on topics set forth by the governing body, providing guidance and support for policies and action. These Councilor committees shall have staff as recommended below and will be listed in the Open Meetings Resolution adopted each year by the governing body, along with fixed dates and times of meetings. Examples of such committees are Public Works, Finance, Community Development, and Public Safety.
The Mayor shall create and appoint members to public and/or ad hoc committees, with the approval of the governing body, as needed. Each of these committees shall be defined as to their roles at their creation, whether City staff will support the committees or not, and whether funding, if needed, shall be given by the City.
Committees can call executive session if it is within the purview of the committee. In no instance may the executive session of a Councilor committee be construed to be a decision-making body, as it is the meeting of an advisory committee to the governing body. Personnel issues and legal issues, in particular, should be avoided unless they have direct consequence on the advice to be given to the governing body.
The role of the committees is to investigate and discuss policy formulation or revision, with the input of City staff. All final policy decisions must be made by the governing board. Rules pertaining to City business shall not be made without the consent of the governing body.
All committee meetings are conducted in accordance with the Open Meetings Act, NMSA 1978 §§ 10-15-1 to 10-15-4.
All committee chairs and members of assigned committees shall be appointed and removed by the Mayor with approval of a majority of all the members of the governing body.
The appointment of an administrative staff member creates a separation of duties for the purpose of maintaining communication between the governing body and administration.
A committee member may be removed for failure to attend three consecutive regular committee meetings. Failure to attend three consecutive regular meetings, without good cause, shall constitute a presumption of good and sufficient cause for removal. Each committee shall be responsible for recommending to the Mayor that the nonattending member be removed.
All appointed chairpersons schedule with the Office of the City Clerk the next proposed date of a committee meeting. The Office of the City Clerk will schedule meetings in accordance with the Open Meetings Resolution of the City of Española, adopted annually.
The Office of the City Clerk is responsible for recording and posting of all agendas and minutes for public use in accordance with the Open Meetings Act, NMSA 1978 §§ 10-15-1 to 10-15-4.
A committee chairperson shall communicate with the Office of the City Clerk in making the determination as to whether there should be a joint committee meeting for the purpose of efficiency.
The committee approved by the governing body shall only hear before it policy issues. A committee shall not have before it administrative or personnel issues.
The City is represented through four voting districts, and it is important that all districts be represented in each standing Council committee. Therefore, at least one Councilor from each of the voting districts will be named to each committee.
A. 
A policy issue may be formed and referred to a committee for review and research by City Councilors, staff members, members of the public, or other means; the policy issue may be brought to a meeting of the governing body for referral to a committee or by direct referral to the committee.
B. 
The governing body, at a regular or special meeting, may, by a vote of the majority, refer a policy to a specific committee for research and review.
C. 
A policy issue that is brought directly to a committee for research and review must meet the subject matter criteria of the committee, and the governing body shall be made aware the matter is under review by the committee at the next meeting of the governing body.
The committee will deal with the policy matter as efficiently as is possible, taking into consideration necessary research, public input, community and other prudent considerations.
A. 
A policy issue may be taken up by the governing body regardless of its status in a committee, by a simple vote of the majority.
B. 
All final committee decisions on a policy matter will be referred to the governing body for action.