City of Las Vegas, NM GOVERNING BODY

The corporate authority of the City shall be vested in the Governing Body, which shall consist of five (5) City Councilors, four of whom shall be elected by district and one of whom shall be elected by the City at large to represent all City residents, which shall collectively comprise the City Council, and a Mayor who shall be the presiding officer of the Governing Body

Section 2.02 Powers and Duties.

All legislative powers of the City shall be vested in the Governing Body, except as otherwise required by law or this Charter.

All corporate power resides with the Governing Body as a whole, and no individual member, except as otherwise provided herein, shall direct the activities of the city manager, appointed employees, or other employees.

The Governing Body shall be the judge of the qualifications of its members, and of the grounds for removal from office, consistent with state law provisions regarding qualifications and removal.

The Governing Body may conduct such investigations as it deems appropriate into the affairs of the City, or the conduct of any City department, office, agency, board, or activity.

Section 2.03 Qualifications and Election of Councilors.

Councilors shall be qualified electors of, and registered to vote in, the districts in which they reside and shall have established actual residency within said districts no later than ninety (90) days prior to the date of declaration of candidacy for the election in which they are running.

One (1) Councilor shall be elected by the qualified electors in each of the City council districts. Elected Councilors and candidates shall physically reside within the districts they represent.

Councilors shall each be elected for terms of four (4) years, with two districts electing Councilors in each general municipal election, thereby allowing for staggered Council terms. At the general municipal election of March 2012, two (2) Councilors shall be elected for the two (2) positions whose terms expire at that election. The remaining two (2) Councilors shall continue to serve until the expiration of their terms and the election of Councilors in the March 2014 regular election. Thenceforth, in each general municipal election, two districts shall elect Councilors.

Each Councilor, unless otherwise removed as provided for herein, shall remain in office until that person's successor is elected and has taken office.

The council districts existing as of the effective date of this Charter shall remain in effect until modified as provided by law or by the terms of this Charter.

Section 2.04 Council Redistricting.

The Governing Body shall be responsible for modifying the districts as necessary. After each Federal Census, the Governing Body shall appoint a committee composed of an equal number of representatives from each district, none of which shall be elective city officers, to review and make recommendations to the Governing Body concerning the four Council Districts to be reapportioned. Any recommended changes shall comply with constitutional principles governing voting rights, population and similar related concerns as determined by judicial decision from time to time. The Governing Body shall employ a consultant with redistricting experience to work with the committee. The district boundaries may be altered as necessary to incorporate areas which are annexed into the City. Redistricting shall be done by block and no redistricting shall be done that breaks a block.

The Governing Body shall complete its redistricting work so that new election districts are utilized at the first regular municipal election following the completion of the decennial census, provided that sufficient time exists to comply with the election provisions of this Charter and of state law.

In the event that annexation occurs that increases the voter population of a district more than twenty-five (25) percent, and the time prior to the next Federal Census exceeds three (3) years, the Governing Body shall follow the appointment procedure identified herein, appoint a redistricting committee, and order a new redistricting to balance the voter populations.

The redistricting provisions herein shall not be construed so as to create a vacancy in the office of a City Councilor. All incumbent City Councilors shall be entitled to serve out their terms, even if redistricting causes a City Councilor to reside outside the district which that City Councilor was elected to represent.

Section 2.05 Vacancy in Office.

The office of a Councilor shall become vacant upon the Councilor's death, resignation, removal from office, forfeiture of office, termination of residence in the district from which elected or for any other reason as authorized by this Charter or the laws of the State of New Mexico.

A Councilor shall be deemed to have automatically forfeited and resigned from office if the Councilor lacks, loses or otherwise fails to possess, during the entire term of office, the qualifications for the office prescribed by this Charter or the laws or Constitution of the State of New Mexico.

The Mayor, with approval of the Council, shall within fifteen (15) days of the vacancy appoint a qualified elector from the district to fill the vacancy and who will serve until the next regular municipal election. If the office is not filled within forty-five (45) days of the vacancy, a special election shall be called to fill the vacancy for the remaining term of office.

If the Councilor's term of office has not expired at the next regular municipal election following the vacancy, then a special election for the remaining term of office of the Councilor shall be held concurrently with the next regular municipal election, or as soon thereafter as legally possible.

At such a special election, only qualified electors residing in the City Council district of the vacancy shall be entitled to vote. The person elected shall serve the remaining unexpired term of office.

Section 2.06 Compensation.

Annual compensation for the Mayor shall be ten thousand dollars ($10,000.00) and for each Councilor ten thousand dollars ($10,000.00), payable in monthly installments. Benefits may be provided by the Council as provided for by state law. An elected official who is a retired member of the New Mexico Public Employee Retirement Association (PERA) shall be subject to the statutes and rules of PERA, as may be amended from time to time, governing contributions to the official's PERA retirement account by the City and by the elected official.

Section 2.07 Governing Body Procedures.

Organizational Meeting. The Governing Body, at the first meeting following a municipal election, shall convene for the purpose of organizing, reviewing the mission and vision statement, reviewing the top ten priorities of the previously elected Governing Body, and confirming the appointment of the city manager and the appointed officers.

Meetings. The Governing Body shall meet regularly at least twice in every month at such times and places as it may prescribe by ordinance. Special meetings may be held on the call of the mayor or of three (3) or more members of the Council. Notice of meetings shall be given as provided in a resolution to be adopted by the Governing Body each year pursuant to the New Mexico Open Meetings Act. Except as provided by the New Mexico Open Meetings Act, all meetings of a quorum of the Governing Body shall be open to the public.

Rules and Minutes. The Governing Body shall determine its own rules and order of business and shall cause minutes to be kept of its proceedings.

Roll Call Votes. Voting on resolutions and ordinances shall be by roll call and the votes of each member shall be recorded in the minutes.

Voting. All actions and decisions of the Governing Body shall be by a simple majority of the members present, except as follows:

(1)

Ordinances and resolutions, which shall be enacted by affirmative vote of a majority of all of the members of the Governing Body; and

(2)

Any other matter required under this Charter or the Constitution or laws of the State of New Mexico to be enacted by a vote other than a majority of the members present.

Quorum. Three members of the Governing Body shall constitute a quorum, provided, that if two or more vacancies exist on the Governing Body, then a quorum shall be a majority of the members of the Governing Body excluding the vacant offices. A number less than a quorum may, for the purpose of obtaining a quorum, compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Governing Body.

Section 2.08 Ordinances.

In addition to ordinances which are required by the laws of the State of New Mexico or by specific provision of this Charter, the following matters shall be undertaken by ordinance of the Governing Body:

(1)

Provide for a fine or other penalty, or establish a rule or regulation for violation of which a fine or other penalty is imposed;

(2)

Levy taxes;

(3)

Grant, renew or extend a franchise;

(4)

Authorize the borrowing of money;

(5)

Establish or change the rate charged for public utilities; and

(6)

Amend or repeal any ordinance previously adopted.

The Governing Body may adopt any standard code of technical regulations by reference thereto in an adopting ordinance.

All actions of the Governing Body, other than those required to be accomplished by ordinance may be undertaken by resolution or by motion.

The Governing Body shall adopt by ordinance the procedures for introduction and adoption of ordinances.

Except as otherwise provided in this Charter, every adopted ordinance shall become effective five (5) days after publication of the ordinance following its adoption, or at such later date specified herein.

The Governing Body shall have the authority to provide procedures for adoption of emergency ordinances to meet a public emergency affecting life, health, property or the public peace, provided, that emergency ordinances shall not levy taxes, grant, renew or extend a franchise, or regulate the rates charged by any public utility.

The City Clerk shall authenticate by signing, and shall record in full in a properly indexed book kept for that purpose, all ordinances and resolutions adopted by the Governing Body.

The Governing Body shall provide for the preparation of a general codification of this Charter and all general City ordinances.