[HISTORY: Adopted by the Board of County
Commissioners of Doña Ana County as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-11-2003 by Res. No. 2003-22[1]]
[1]
Editor’s Note: This resolution superseded former Art.
I, Rules of Order, adopted 1-14-2003 by Res. No. 2003-12, as amended.
Unless otherwise required by law or contract, the business of
the Board shall be accomplished by the vote of a simple majority of
the commissioners then present, including votes regarding procedural
disputes arising from the members' respective interpretations of the
rules set forth in this resolution.
A.
Rules
of order and decorum govern. All commissioners, staff and members
of the public shall conduct themselves and their business before the
Board in accordance with this resolution. Robert's Rules of Order
Newly Revised, 10th Edition, in the most current publication available,
are incorporated herein as a supplement to this resolution.
B.
Roberts
Rules of Order govern when rules of order and decorum are silent.
Any conflicts in Robert's Rules of Order and these rules are to be
resolved first by reference to this resolution. Robert's Rules of
Order Newly Revised, 10th Edition, are adopted as a supplement to
this resolution, and shall govern where this resolution is silent.
C.
Distribution
of rules of order and decorum. Each member of the Board shall be provided
with a copy of this resolution and Robert's Rules of Order Newly Revised,
10th Edition, as soon as possible upon taking office.
[Amended 8-10-2021 by Res. No. 2021-74]
A.
Notice.
All regular meetings, special meetings, emergency meetings of the
Board shall be held in accordance with the notice provisions set forth
in the annual resolution providing for reasonable notice.
B.
Annual
meeting. In accordance with NMSA 1978 § 4-38-10(B), the
Board shall, at the first meeting of the year, choose one of their
number to be Chair and one of their number to be Vice Chair. The Chair
shall preside at the meeting and all other meetings if present; but
in case of the Chair's absence from any meeting, the Vice Chair
shall preside. A parliamentarian may be chosen, if desired, by a simple
majority of the Board.
C.
Preparation
of meeting agendas. The County Manager shall prepare the agenda which
shall be posted as required by the Open Meetings Act (NMSA 1978, § 10-15-1)
and the annual resolution providing for reasonable notice. On the
date the agenda is posted, the County Manager will provide each commissioner
with a copy of the agenda, the agenda item cover sheet and an executive
summary (or summary detail if the item coversheet sufficiently explains
the item) for each item on the agenda. On the Friday prior to the
meeting, the County Manager will provide each commissioner a copy
of the agenda packet which will contain additional information that
the County Manager deems appropriate to assist the Board in making
its decision on the matter. No matter shall be placed on the agenda
for approval, vote or decision-making unless the County Manager has
first determined that it has been reviewed by the appropriate departments,
personnel or entities, and is appropriately prepared for Board consideration.
The County Manager and County Chair shall not refuse a commissioner's
request to place an item on the agenda provided that the foregoing
requirements have been satisfied.
D.
Order
of business.
(1)
The normal order of business at meetings shall be as follows, subject
to changes to the agenda as approved by the Board:
(a)
Invocation.
(b)
Pledge of Allegiance.
(c)
Roll call, determination of quorum and convene as Board.
(d)
Changes to the agenda.
(e)
Pet showcase.
(f)
Employee recognition.
(h)
Staff input as approved by the County Manager.
(i)
Elected official input.
(j)
Commissioner input.
(k)
Presentations and proclamations.
(l)
Approval of minutes.
(m)
Consent agenda. The consent agenda shall consist of multiple agenda
items that will be voted on in a single vote. Any item on the consent
agenda may be pulled for separate discussion and/or vote at the request
on any commissioner.
(n)
Approvals.
(o)
Ordinances/public hearings.
(p)
Correspondence.
(q)
Closed session, if any.
E.
Attendance
by telephone. Attendance by conference telephone or other similar
communications equipment is permitted for those rare occasions when
it is otherwise difficult or impossible for the commissioner to attend
in person, provided that each member so participating is identified
when speaking, all participants are able to hear each other at the
same time and members of the public attending the meeting are also
able to hear.
F.
Rules
of decorum.
(1)
All business of the Board is to be directed to the Chair by motion.
(2)
All business shall be presented by the County Manager or his designee,
who shall introduce each matter on the agenda to the Chair in accordance
with the Chair's instructions.
(3)
During debate, each commissioner who wishes to speak shall seek the floor in an orderly manner, directing his comments to the Chair by stating "Mr. Chair, or Madam Chair. . .". The Chair shall endeavor to recognize members requesting the floor in the order requested, subject to Subsection F(5). Interruption is allowed for points of order or points of privilege.
(4)
During debate, if a commissioner wishes to address a question to
the speaking commissioner, provided the speaker consents, the question
must be asked through the Chair (e.g., "Mr. Chairman, will the member
yield for a question?"), and must be in the form of a question. The
time used for the question is taken out of the speaker's allotted
time for debate, if time restrictions are in place.
(5)
All commissioners shall be permitted to speak twice on the same question,
provided every other commissioner who wishes to speak has had the
opportunity to speak once.
(6)
An item presented for consideration is entitled to full debate, unless
limited by appropriate motion.
(7)
All commissioners' comments or discussion during debate shall
be confined to the merits of the question then before the Board. However,
a commissioner shall not speak against one's own motion. He may
vote against his motion, but if he speaks, he must speak in the positive.
(8)
A commissioner shall not speak adversely on any prior act of the
Board that is not then pending unless a motion to reconsider, rescind
or amend is pending on that prior action.
(9)
All commissioners' and members of the public's comments
and/or discussions shall avoid personalities; i.e., personal attacks
or comments regarding another commissioner or member of the public.
(10)
Commissioners shall refer to one another by formal title, i.e., "Commissioner
__________."
(11)
Commissioners shall not attack or question the motives of a fellow
commissioner during debate or discussion periods. Remarks must be
courteous in language and deportment.
(12)
If a commissioner disagrees with another's statement, he shall
not say the other's statement is akin to being "false," a "fraud,"
or a "lie." Upon hearing such words, the Chair shall take immediate
and decisive action to correct the matter and avoid its repetition.
(13)
Any commissioner may condemn the nature or consequences of a measure
in the strongest terms, remembering that it is not a person, but the
measure, that is the subject of debate.
(14)
All commissioners have equal rights. The rights of the minority must
be preserved, but the will of the majority shall be carried out.
(15)
A commissioner shall not disturb the business of the Board by whispering
to another person, walking across the floor, or any other activity
so as to interrupt, intrude upon, or disrupt the meeting.
(16)
All commissioners shall cease their comments and/or discussion if
the Chair addresses a commissioner's point of order or matter
of personal privilege.
(17)
A commissioner shall not proceed with comments and/or discussion
during debate if the Chair, upon a point of order, decides that the
commissioner's remarks are improper.
(18)
If the Chair renders a ruling that a point of order has been violated,
the commissioner affected by the ruling may appeal. If a simple majority
of the commissioners then present vote to overturn the Chair's
decision, the appealing party may continue with his comments or discussion.
There shall be no debate on the merits of the appeal or after ruling
on the appeal.
(19)
Failure to comply with these rules, displays of disorderly conduct
and/or use of disorderly words during the course of a meeting shall
be called to the attention of the Chair by point of order. If the
Chair finds the member to be out of order, the Chair shall so state,
and request that the commissioner or member of the public comply with
the rules of the Board. The offending party may be requested to cease
and desist, or to be seated. If the offending party had the floor
at the time of the point of order, the Chair shall state the breach
of order involved and put the question to the Board of whether the
member shall be allowed to continue to speak. The question is not
debatable.
(a)
If the offending party obeys the Chair's instructions,
the matter may be dropped and no further action on the offense is
required. However, if the offending party refuses to be orderly, the
Chair may then choose to call a recess or entertain a motion for censure.
After second, a vote on a motion for censure shall take place immediately
and without debate. A motion for censure shall take precedence over
all motions except for motions raising a question of privilege. An
affirmative vote of censure shall be followed by a motion for recess.
The length of the recess shall be stated in the motion. If the length
of the recess is not stated in the motion, then the Chair shall set
the length of the recess. If a recess is taken following a vote of
censure, a press release announcing the action of censure shall be
made by the County's Public Information Officer and shall describe
the postponement of county business as a result of the censure of
the offending member.
(20)
The Board shall appoint a Public Assistant/Sergeant-at-Arms for the
purpose of assisting the public with ADA accessibility accommodations,
enforcing the rules of order and decorum during its meetings, and
generally serving the Board consistent with the rules as supplemented
by Robert's Rules of Order. The Sergeant-at-Arms shall be responsible
for assisting and accommodating the public in regard to accessibility
issues, such as assisting those individuals using wheelchairs to be
located comfortably within the Board's Chambers, and making any
other accommodations needed by members of the public. The Board may
authorize the County Manager to obtain the services of a Sergeant-at-Arms,
whether contractually or voluntarily.
(21)
Members of the general public who are engaging in disorderly conduct
during the course of a meeting may be ousted at the request of the
Chair, subject to appeal by a member. The Sergeant-at-Arms shall escort
the offending party from the meeting. If the offending party refuses
to leave, the Sheriff or his representative, as the law enforcement
entity authorized to keep the peace and preserve order, will ensure
that order is kept and remove the offending party, consistent with
the laws of the State of New Mexico and the United States Constitution.
(22)
The foregoing provisions are adopted as reasonable time, place and
manner restrictions only, and not as restrictions designed to curtail
the free expression of opinion or point of view.
G.
Order
of vote. A roll call of the votes of the commissioners shall be taken
in the order determined by the Chair, except that the Chair shall
vote last. The Chair shall announce the result of the vote.
H.
Participation
by members of the public.
(1)
Members of the public are invited to participate during the public
input portion of the meeting on any matter that is not listed as a
separate item on the Board's agenda. Such input is limited to
three minutes unless exception is made by the Board. The Chair may,
subject to appeal by a member, impose a reasonable time limit for
the total amount of public input on items not listed as a separate
item on the agenda. A member of the public may not "cede" or transfer
their public input time to another member of the public.
(2)
Members of the public may also comment on the individual agenda items in the order provided for by § 5-3D of these rules. Unless the agenda item is quasijudicial in nature, public comment is limited to three minutes unless exception is made by the Board. The Chair may, subject to appeal by a member, limit the number of individual speaking on a particular side of an issue or limit the total amount of public input time on a specific item provided each side is given the same amount of time. A member of the public may not "cede" or transfer their public input time to another member of the public.
(3)
In order to address the Board and for the minutes to reflect same,
members of the public must legibly indicate their name and contact
information in the book provided by the Clerk's Office, announce
their name when beginning public input and speak into the microphone
provided for this purpose.
A.
Chair.
It is the duty of the Chair to open all meetings of the Board at the
time the Board is to meet, call the members to order, announce all
business and put same to a vote where required, enforce order and
decorum among the members of the Board; to sign documents on behalf
of and as authorized by the Board; to administer oaths to any person
concerning any matter submitted to the Board or connected with their
powers and duties; and to sign all orders on the County Treasury,
as authorized by the Board.
B.
Vice
Chair. The Vice Chair shall exercise the duties and assume the responsibilities
of the Chair in his absence.
C.
Members.
All Board members shall participate in all boards or committees as
assigned and verbally update the full Board regarding the activities
of those boards or committees at the request of the Chairman or other
Board member.
A.
All
open and closed meetings of the Board shall be held in accordance
with the New Mexico Open Meeting Act, NMSA 1978, § 10-15-1
et seq.
[Adopted annually by resolution]
Unless otherwise posted, all meetings shall
be held at the Doña Ana County Government Center in the Board
of County Commission Chambers, 845 North Motel Boulevard, Las Cruces,
New Mexico.
Unless otherwise posted, regular meetings shall be held on the second and fourth Tuesdays of each month at 9:00 a.m. Notice of the regular meeting's agenda shall be available seven calendar days in advance of the meeting date but may be amended, so long as any amended agenda is available at least 72 hours in advance of the meeting time. The agenda shall be posted pursuant to the provisions of § 5-10 and shall be made available to the public in the office of the County Manager.
In addition to the Board's regular meetings, work sessions and special meetings may be called at the discretion of the Chair or upon the request of two Commissioners upon 72 hours' notice, in accordance with § 5-10. The final agenda for work sessions and special meetings shall be available at least 72 hours in advance of the work session or special meeting time.
Emergency meetings will be called only under unforeseen circumstances which demand immediate action to protect the health, safety, and property of citizens or to protect the public body from substantial financial loss. Notice of emergency meetings shall be posted pursuant to the provisions of § 5-10 and made available to the public in the office of the County Manager. Within 10 days of taking action on an emergency matter, the public body shall report to the Attorney General's Office the action taken and the circumstances creating the emergency.
A.
Notice
requirements are met if notice of the date, time, place, and agenda
are posted on Doña Ana County's website and at the Doña
Ana County Government Center as well as notice provided to broadcast
stations licensed by the Federal Communications Commission and newspapers
of general circulation which have provided a written request for such
notice. If notice of the meeting is published, a proof of publication
shall be obtained from the newspaper by the County Clerk to be attached
to the minutes. Unless impracticable due to computer or manpower difficulties,
the agenda shall also be posted on the County's website and also sent
by e-mail to the persons requesting e-mail notice.
B.
Consistent
with the Americans with Disabilities Act, all notices are to be made
available in alternative formats and shall include the following language:
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If you are an individual with a disability who is in need of
a reasonable accommodation to attend or participate in any Doña
Ana County hearing or meeting open to the public, please contact the
County's Americans with Disabilities Act (ADA) Coordinator at least
72 hours prior to the meeting, or as soon as possible. Public documents,
including the agenda and minutes, can be provided in various accessible
formats. The County's ADA Coordinator may be contacted at:
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Doña Ana County
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ADA Coordinator
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845 North Motel Boulevard
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Las Cruces, New Mexico 88007
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(575) 647-7210 (voice)
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(575) 525-5951 (TTY).
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A Commissioner may attend and/or participate in a meeting by
means of a conference telephone or other similar communications equipment
in accordance with NMSA § 10-15-1C when it is otherwise
difficult or impossible for the member to attend the meeting in person,
provided that each member so participating is identified when speaking,
all participants are able to hear each other at the same time, and
members of the public attending the meeting are also able to hear
any Commissioner who speaks during the meeting.
The Board of County Commissioners may close
a meeting to the public if the subject matter of such discussion or
action is exempt from the open meeting requirement under NMSA § 10-15-1H
of the Open Meetings Act, which may involve discussions relating to:
licensing; limited personnel matters; administrative adjudicatory
deliberations; collective bargaining strategies; certain purchases;
litigation and attorney-client privileged communications; real property
and water rights; and strategic and long-range business plans or trade
secrets by a public hospital board.
A.
If a meeting is closed to the public during a duly
noticed open meeting, such closure shall be approved by a majority
vote of a quorum of the Board of County Commissioners taken during
the open meeting. The authority for the closure and the subjects to
be discussed shall be stated with reasonable specificity in the motion
for closure. The motion may cross-reference a printed agenda item,
provided the item to be discussed in closed session is listed with
reasonable specificity. The vote of each individual member regarding
closure of the meeting shall be recorded in the minutes. Only those
subjects specified in the motion may be discussed in a closed meeting.
B.
If the decision to hold a closed meeting is made when
the Board of County Commissioners is not in a duly noticed open meeting,
the closed meeting shall not be held until public notice, appropriate
under the circumstances, is given to the members and to the general
public. The notice shall state the specific provision of law authorizing
the closed meeting and the subjects to be discussed with reasonable
specificity.
C.
Following completion of any closed meeting, the minutes
of the open meeting that was closed, or the minutes of the next open
meeting if the closed meeting was separately scheduled, shall state
whether the matters discussed in the closed meeting were limited only
to those specified in the motion or notice for closure.
