This chapter may be cited as the “board of trustees ordinance.”
(Prior code § 2-3-1)
The corporate authority of the town of Mesilla is vested in the board of trustees which shall constitute the legislative branch of the municipality and shall not perform any executive functions except those functions assigned to it by law.
The members of the board of trustees are the mayor and four trustees. Trustees shall be elected at large for staggered terms of four years with terms of two of the trustees expiring at the end of one two-year period and the terms of the remaining trustees expiring at the end of the following two-year period.
Trustees shall be residents and qualified electors of the town of Mesilla. If any trustee moves from, or becomes a nonresident of the town of Mesilla during her/his term of office, he/she shall be deemed to have vacated her/his office upon the adoption of the board of trustees of a resolution declaring such vacancy to exist. In the event an employee in the service of the town has filed a declaration of candidacy for trustee of the town of Mesilla, he/she may expend annual leave for electioneering or campaign activities. If elected or appointed as a trustee, on the taking of the oath of office the employee must resign from service with the town.
Trustees shall receive a salary of $8,000 per year; however, the trustee’s salary shall be reduced by the percentage difference if the work week is less than 40 hours for regular employees. For example, a 32-hour work week equates to a 20 percent reduction in salary.
Unless otherwise provided by law, a question before the board of trustees shall be decided by a majority vote of the members present. Other than the requirement of a simple majority, when there is a requirement that a certain fraction or percentage of the members of the entire board of trustees or all of the members of the board of trustees or other similar requirement vote for the measure, the mayor shall not be counted in determining the actual number of votes needed.
Except as provided in subsection (B) of this section, any vacancy on the board of trustees shall be filled by appointment of a qualified elector by the mayor of the municipality, with the advice and consent of the board of trustees. Any qualified elector appointed to fill a vacancy on the board of trustees shall serve until the next regular municipal election, or any special election called in accordance with subsection (B) of this section, at which time a qualified elector shall be elected to fill the remaining unexpired term, if any.
A special election, for the purpose of filling a vacancy on the board of trustees, may be called by the mayor, with the consent of the board of trustees or by the board of trustees.
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; and
The board of trustees may compel the attendance of absent members in such manner and under such penalties it deems desirable.
(Prior code § 2-3-6; Ord. 2019-03 § 2)
The board of trustees is the board of finance of the municipality and the members of the board of trustees shall serve without compensation additional to any compensation which may be authorized by law for their services as members of the board of trustees.
Order of Business. The order of business of the board of trustees shall be taken up for consideration and disposition in the manner recommended by the mayor or as otherwise recommended by the board of trustees.
Agenda. All reports, communications, ordinances, resolutions, contracts, documents or other matters to be submitted to the board of trustees shall be delivered to the town clerk-treasurer in the format prescribed by the mayor. The town clerk-treasurer shall prepare and publish an agenda pursuant to the town’s adopted Open Meetings Act resolution.
Rules of Procedure. The board of trustees shall adopt by resolution rules of procedure for the conduct of meetings as defined by the Open Meetings Act.
The only standing committee of the board of trustees shall be the committee of the whole; the mayor shall be the presiding officer thereof and applicable rules of procedure of the board of trustees shall be observed.
Reports of special committees shall be made in writing and shall be submitted together with the petition, resolution, account or other paper under consideration.