City of Las Vegas, NM OFFICERS, DIRECTORS AND EMPLOYEES

The Mayor shall provide a list of not less than two (2) qualified candidates for the position of City Manager for the Council to review. The Council shall select a City Manager from the two candidates provided by the Mayor. The Governing Body shall enter into a contract with the City Manager which shall establish, among other matters, compensation, benefits, duties and responsibilities.

The City Manager shall be appointed solely on the basis of executive and administrative qualifications, and shall establish residency in San Miguel County within ninety (90) days of acceptance of the appointment.

The City Manager, if not already certified by the International City Managers Association (ICMA), shall be working to achieve certification while in the employ of the City.

The City Manager shall designate other employees of the City to perform the functions of the office during any absence of thirty (30) days or less. The Mayor shall appoint, subject to Council approval, an acting City Manager for any absence exceeding thirty (30) days.

Section 5.02 City Manager; Removal.

The City Manager serves at the pleasure of the Governing Body, and may be suspended or removed without cause at any time by the Mayor, subject to approval of the Council, or by the Governing Body by a majority of all members of the Governing Body.

Section 5.03 City Manager — Powers and Duties.

The City Manager shall be the chief administrative officer of the City in charge of day-to-day administrative affairs of the City, shall appoint the department directors, shall direct and supervise City employees, and shall perform such other functions as may be established pursuant to this Charter, by the Governing Body, or by state law.

Section 5.04 City Attorney.

There shall be a City Attorney who shall serve as chief legal advisor to the Governing Body, City Manager, and all City departments, offices and agencies, shall represent the City on legal proceedings, and shall perform any other duties prescribed by state law, by this Charter or by ordinance. The Governing Body shall enter into a contract with the City Attorney which shall establish, among other matters, compensation, benefits, duties and responsibilities. The City may contract for such other specialized legal services from outside legal counsel as it deems appropriate.

The City Attorney shall be an attorney in good standing, qualified in the field of municipal law, licensed to practice law in the State of New Mexico, and shall establish residence in San Miguel County within ninety (90) days of acceptance of appointment.

The Mayor shall provide a list of not less than two (2) qualified candidates for the position of City Attorney for the Council to review. The Council shall select a City Attorney from the two candidates provided by the Mayor. The Governing Body shall enter into a contract with the City Attorney which shall establish, among other matters, compensation, benefits, duties and responsibilities.

The Governing Body shall enter into a contract with the City Attorney which shall establish, among other matters, compensation, benefits, duties and responsibilities.

The City Attorney, whether contractual or employee, serves at the pleasure of the Governing Body and may be suspended or removed without cause at any time by the Mayor, subject to approval of the Council, or by a majority of all members of the Governing Body.

Section 5.05 City Clerk.

There shall be a City Clerk who shall serve as clerk to the Governing Body.

The City Clerk shall give notice of Governing Body meetings to its members and the public, keep the minutes of its proceedings, keep the official records of the City, cause appropriate public notices to be given, and perform such other duties as are assigned by this Charter, by the Governing Body or by law.

The Mayor shall provide a list of not less than two (2) qualified candidates for the position of City Clerk for the Council to review. The Council shall select a City Clerk from the two candidates provided by the Mayor. The Governing Body shall enter into a contract with the City Clerk which shall establish, among other matters, compensation, benefits, duties and responsibilities. The City Clerk shall establish residence in San Miguel County within ninety (90) days of acceptance of appointment.

The City Clerk serves at the pleasure of the Governing Body, and may be suspended or removed without cause at any time by the Mayor, subject to approval of the Council, or by the Governing Body by a majority of all members of the Governing Body.

The City Clerk, if not already certified, must work toward being certified by the Institute of Municipal Clerks and have achieved or be working to achieve a certification as a Certified Municipal Clerk or attain that certification while in the employ of the City.

Section 5.06 Chief of Police.

There shall be a Chief of Police.

The Mayor shall provide a list of not less than two (2) qualified candidates for the position of Chief of Police for the Council to review. The Council shall select a Chief of Police from the two candidates provided by the Mayor. The Governing Body shall enter into a contract with the Chief of Police which shall establish, among other matters, compensation, benefits, duties and responsibilities. The Chief of Police shall establish residence in San Miguel County within ninety (90) days of acceptance of appointment.

The Chief of Police serves at the pleasure of the Governing Body, and may be suspended or removed without cause at any time by the Mayor, subject to approval of the Council, or by the Governing Body by a majority of all members of the Governing Body.

Section 5.07 Departments.

Subject to approval of the Governing Body, the City Manager shall establish such departments as are necessary for efficient administration of the City.

Each department shall be under the supervision of a department director, subject to the direction and supervision of the City Manager.

The City Manager shall appoint department directors, subject to approval by the Governing Body.

Department directors are at-will employees who may be placed on administrative leave or removed by the city manager, subject to a majority vote by the Governing Body. The majority vote by the Governing Body of whether or not to remove a department director shall be recognized and implemented by the City Manager, with said vote constituting a final and conclusive determination regarding the matter.

The City Manager may serve as department, provided that the Manager shall not serve as either City Clerk or Finance Director.

Section 5.08 Personnel System.

The Governing Body shall adopt a personal ordinance which is consistent with this Charter establishing the personnel policies, rules and procedures of the City. All appointments and promotions of City employees, other than department directors and those employees who are by this Charter or by ordinance designated as at will employees, shall be made solely on the basis of merit and fitness in accordance with the personnel ordinance to be adopted by the Governing Body.

The personnel ordinance shall:

(1)

Establish a merit system governing personnel policies necessary for the effective administration of the employees of the City departments, offices and agencies, including but not limited to classification and pay plans, examinations, force reduction, discipline, termination, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations;

(2)

Be consistent with all mandatory federal and state requirements; and

(3)

Authorize department directors or any other administrative officer of the City, subject to the City Manager's direction, approval, and supervision and subject to all applicable personnel regulations, to exercise the power to hire, fire and discipline subordinates in that officer's department, office or agency.

Neither the Mayor nor any City Councilor shall in any manner control or demand the appointment, discipline, or removal of any City employee who is a merit employee of the City; and such matters shall be left in the hands of the City Manager and the City Manager's subordinates, except to the extent that the City personnel ordinance may authorize appeals to the Governing Body.