[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.
"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.
