Proposition Questions

SHALL ARTICLE I, SECTION 1.07 BE AMENDED TO READ AS FOLLOWS?

Section 1.07 Charter Review and Amendment.

A.        Charter Review. The Governing Body shall provide, by ordinance, for a process of periodic review of the Charter. The purpose of the review is to evaluate, propose or recommend amendments. Provisions shall be made for a review to occur within five years after the effective date of this Charter, and not less than once every five six years thereafter.

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Explanation: If approved, the Governing Body will be required to establish a review of the City’s Charter every six years.  Currently, this is required every five years.

 

                                                                                                                for amendment:   o

                                                                                                       against amendment:   o

SHALL ARTICLE I, SECTION 1.07 BE AMENDED TO READ AS FOLLOWS?

Section 1.07 Charter Review and Amendment.

B.        Charter Amendment. Amendments to this Charter must be submitted to the qualified electors by the Governing Body or by the following procedure:

(1)  Notice of intent to circulate a petition proposing any amendments to this Charter must be signed by five qualified voters and filed with the city clerk. 

(2)    The proposed amendment to this Charter shall be filed with the city clerk concurrently with the filing of the Notice of Intent.

(3)    The number of qualified voters required to sign the petition in order to have the proposed amendment placed on the ballot shall be 15 percent of the number of registered voters at the regular municipal election immediately preceding the filing of the Notice of Intent.

(4)    The city clerk must approve the form of any petition submitted under this section prior to obtaining any signatures on the petition.  If a particular proposed petition is not submitted to the city clerk prior to circulation, or if such a proposed petition is not approved as to form by the city clerk, then the city clerk shall not accept the petition for filing.

(5) The city clerk shall indicate in writing on a proposed petition that it is approved as to form if:

(a)    the petition contains a heading which states that the petition is for the purpose of charter amendment;

(b)    the heading sets forth in full the text of the proposed charter amendment;

(c)    the petition contains a place for the person signing the petition to write the date, name (printed), address, and signature;

(d)    the petition contains a statement that any person knowingly providing, or causing to be provided, any false information on a petition, forging a signature or signing a petition when that person knows he or she is not a qualified elector in the City of Rio Rancho, is guilty of a fourth degree felony; and

(e)    each page of the petition for signatures contains the requirements as specified in subsections (a) through (d). 

(56)    Following circulation, the petition must be filed with the city clerk.  No petition, or any part thereof, may be filed more than sixty days after the Notice of Intent is filed.

(67)    Following certification of the petition by the city clerk, the Governing Body shall adopt an election resolution. The election shall be held not later than ninety days from the date of the adopted resolution the next regular municipal election or at any other date as specified in the election resolution.

(78)    At such election, the ballot shall contain the text of the proposed amendment and below the same phrases: “FOR AMENDMENT” and “AGAINST AMENDMENT”.

(89)    If a majority of the votes cast are against the amendment, it shall be of no effect. If a majority of the votes cast are in favor of the amendment, it shall be adopted become effective ten days following its adoption or at any other date specified in the amendment.

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 Explanation: If approved, this amendment will modify the requirements that a petition for Charter amendment must meet in order to be approved by the City Clerk for circulation, and provide consistency for the City petition process.  In addition, this amendment specifies the time-frame in which any amendment by successful petition would be presented to the voters and thereafter become effective, if approved.

 

                                                                                                                 for amendment:   o

                                                                                                        against amendment:   o

 SHALL ARTICLE 2, SECTION 2.04 BE AMENDED TO READ AS FOLLOWS?

 Section 2.04 Compensation; Expenses.

A.        Compensation. The Governing Body shall determine the salary of the mayor, City Council members, and municipal judge by ordinance, subject to the limits of the New Mexico Constitution and irrespective of the annual salary of the county commissioners of any county within which all or part of the City is situate. 

A.        Compensation.  Effective for the first regular municipal election following all 2016 municipal elections, the City shall use the most current estimate mean household income for Rio Rancho as reported by the United States Census Bureau to calculate the salaries of the mayor and council members. 

(1) The annual salary of the mayor during the next mayoral term shall be equal to the estimate mean household income on the day the mayor is sworn into office. 

(2) The annual salary of city council members during their next respective terms shall be 35 percent of the estimate mean household income on the day each councilor is sworn into office. 

(3) The annual salary of the mayor and city council members shall not be increased or decreased during their respective terms of office.

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Explanation: If approved, beginning in 2018, the salaries for the Governing Body would be tied to the City’s mean household income as reported by the United States Census Bureau. The current annual salary for the Mayor is $30,402. The current annual salary for City Councilors is as follows: District 1, 4, 6: $14,328 / District 2, 3, 5: $15,201. The most current estimate (reflective of 2013) of mean household income for Rio Rancho reported by the United States Census Bureau is $73,998. Thirty-five (35) percent of this amount is $25,899.30.

 

                                                                                                                 for amendment:   o

                                                                                                        against amendment:   o

 SHALL ARTICLE 3, SECTION 3.01 BE AMENDED TO READ AS FOLLOWS?

 Section 3.01 Mayor.

A.        Mayor. The mayor shall be a member of the Governing Body entitled to cast a vote only in the event of a tie among the city councilors or in case there are fewer than six (6) City Council members present.

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Explanation: If approved, the Mayor would get to vote on items presented to the Governing Body in the case of any absence of a City Councilor.  Currently, the Mayor may only vote in the event of a tie.

 

                                                                                                                 for amendment:   o

                                                                                                        against amendment:   o

SHALL ARTICLE 3, SECTION 3.01 BE AMENDED TO READ AS FOLLOWS?

 Section 3.01 Mayor.

B.        The mayor shall:

(1) Preside at meetings of the Governing Body;

(2) Be the chief executive officer of the City and shall exercise all administrative and executive powers, except to the extent that those powers are vested with the city manager;

(3) Devote her/his full time to the discharge of mayoral duties and have outside employment only if the outside employment does not materially conflict with the performance of such duties is approved by the Governing Body by resolution;

(4) Initiate an annual performance review of the City Manager with the advice of the Council;

(5) Provide leadership in the promotion and marketing of Rio Rancho to large and small businesses to achieve growth in products and services available to residents and growth in tax revenues;

(6) Participate with and provide input to the City Manager in preparation of the city’s budget for the mayor to perform the duties in item 5;

(57) Listen to and build relationships with citizens to address the needs of the community;

(8) Convene and lead an annual meeting of the Governing Body to discuss and identify the city’s goals and priorities in order to provide guidance for the City Manager and to inform the public.

(69) Propose programs and policies to the Governing Body;

(710) Appoint, as provided in this Charter and by applicable ordinance, and subject to the confirmation of the Governing Body, all members of boards, commissions or authorities, including city representatives to outside regional, state or national boards, commissions or authorities;

(811) Represent the City in intergovernmental relationships including but not limited to representing the city on regional, state and national boards and committees as necessary;

(912) Present an annual State of the City report to the City Council; and

(1013) Perform other duties and exercise such other powers as specified in this Charter, the City’s ordinances and resolutions, or by the Governing Body.

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Explanation: If approved, this amendment would allow the Mayor to have outside employment only if approved by the Governing Body.  In addition, this amendment creates additional responsibilities for the Mayor.

 

                                                                                                                 for amendment:   o

                                                                                                        against amendment:   o

 SHALL ARTICLE 4, SECTION 4.01 BE AMENDED TO READ AS FOLLOWS?

 Section 4.01 Creation; Power; Duties.

Add New Section 4.01B(5) as follows:

B.        The municipal judge:

 (5) Shall prepare and submit the annual budget and capital program for the judicial branch to the governing body by February 15 each year, and shall present such budget and capital program to the governing body as part of their annual budget review process.  The municipal judge shall have authority in allocation of budget and personnel wherein the judicial branch is affected.

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Explanation: If approved, the process by which the judicial branch provides its annual budget and capital program will be formalized.

 

                                                                                                                 for amendment:   o

                                                                                                        against amendment:   o

SHALL ARTICLE 5, SECTION 5.07 BE AMENDED TO READ AS FOLLOWS?

5.07            Boards and Commissions; Advisory Bodies.

G.        No member of the Governing Body, nor any appointive officer or employee of the City, shall be appointed to any City board, commission or advisory body as a voting member. The mayor, all other members of the Governing Body, and the city manager or the manager’s designee shall be ex-officio members of all boards, commissions and advisory bodies. This subsection does not apply to any internal board or committee which consists solely of appointive officers or employees.

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Explanation: If approved, this amendment would remove the Governing Body and City Manager from serving as ex-officio members of City board, commissions and advisory bodies.

 

                                                                                                                 for amendment:   o

                                                                                                        against amendment:   o

 SHALL ARTICLE 6, SECTION 6.07 BE AMENDED TO READ AS FOLLOWS?

Section 6.07 Amendments After Adoption.

C.        Reduction of Appropriations. If, at any time during the fiscal year, it appears probable to the city manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the manager shall report to the Governing Body without delay, indicating the estimated amount of the deficit, any remedial action taken by the manager and recommendations as to any other steps to be taken. The Governing Body shall then take such further action as it deems necessary to prevent or reduce any deficit, and for that purpose it may, by resolution, reduce one or more appropriations.

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Explanation: If approved, language will be removed specific to adopting a resolution to reduce one or more appropriations to reduce an issue regarding any budget deficit.  However, the Governing Body may still choose this option as they deem appropriate.

 

                                                                                                                 for amendment:   o

                                                                                                        against amendment:   o

SHALL ARTICLE 7, SECTION 7.02 BE AMENDED TO READ AS FOLLOWS?

Section 7.02 Initiative and Referendum

Add New Section 7.02C(3)(b)(v) as follows:

(b)       The city clerk shall indicate in writing on a proposed petition that it is approved as to form if:

(i) the petition contains a heading which states that the petition is for the purpose of initiative;

(ii) the heading sets forth in full the text of the proposed ordinance;

(iii) the petition contains a place for the person signing the petition to write the date, name (printed), address, and signature; and

(iv) the petition contains a statement that any person knowingly providing, or causing to be provided, any false information on a petition, forging a signature or signing a petition when that person knows he or she is not a qualified elector in the City of Rio Rancho, is guilty of a fourth degree felony.

(v) each page of the petition for signatures contains the requirements as specified in subsections (i) through (iv) in the heading.

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Explanation: If approved, this amendment will ensure that each page of a petition for an Initiative will contain the same information when presented to the public for signature, and provide consistency for the City petition process.

 

                                                                                                                 for amendment:   o

                                                                                                        against amendment:   o

 SHALL ARTICLE 7, SECTION 7.02 BE AMENDED TO READ AS FOLLOWS?

 Section 7.02 Initiative and Referendum

 Add New Section 7.02D(3)(b)(v) as follows:

(b)       The city clerk shall indicate in writing on a proposed petition that it is approved as to form if:

(i) the petition contains a heading which states that the petition is for the purpose of initiative;

(ii) the heading sets forth in full the text of the proposed ordinance;

(iii) the petition contains a place for the person signing the petition to write the date, name (printed), address, and signature; and

(iv) the petition contains a statement that any person knowingly providing, or causing to be provided, any false information on a petition, forging a signature or signing a petition when that person knows he or she is not a qualified elector in the City of Rio Rancho, is guilty of a fourth degree felony.

(v) each page of the petition for signatures contains the requirements as specified in subsections (i) through (iv) in the heading.

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Explanation: If approved, this amendment will ensure that each page of a petition for a Referendum will contain the same information when presented to the public for signature, and provide consistency for the City petition process.

 

                                                                                                                 for amendment:   o

                                                                                                        against amendment:   o

 SHALL ARTICLE 8, SECTION 8.01 BE AMENDED TO READ AS FOLLOWS?

Section 8.01 Conflict of Interest.

A.        Definitions. The following definitions shall be applicable when the following defined terms are used in this section:

(1)    “Board or commission member” means any voting member of any City board, commission or similar body. 

(2)    “Business” means a corporation, partnership, sole proprietorship, firm, organization, or individual carrying on a business.

(3)    “City employee” means the city manager, all department directors, and any other person who is not an elected official of the City and who receives compensation in the form of a salary from the City.

(4)    “Controlling interest” means an interest which is greater than 20 percent.

(5)    “Contract” means an agreement to purchase or obtain services, construction or items of personal property, with a value of five hundred dollars ($500.00) or more, but “contract” shall not include a contract of employment with the City.

(6)    “Employment” means rendering of services for compensation in the form of salary as an employee.

(7)    “Financial interest” means an interest held by a person, that person’s spouse or minor children, which is:

(a)    any ownership interest in a business; or

(b)    any employment or prospective employment for which negotiations have already begun.

(8)    “Official act” means an official decision, recommendation, approval, disapproval or other action which involves the use of discretionary authority.

B.        Disclosure and Voting. In addition to any other applicable provision of law, the provisions of this section shall govern disclosure and voting by the mayor and city councilors as follows:

(1)    The mayor or any city councilor who has a financial interest in the outcome of any policy, decision, or determination before the Governing Body, shall disclose to the other members of the Governing Body the nature of the financial interest, and the disclosure shall be recorded by the Clerk as part of the minutes of the meeting at which the disclosure is made.

(2)    No member of the Governing Body shall vote on any policy, decision or determination in which that Governing Body member has a financial interest.

C.        Disqualification. All City employees and board and commission members shall disqualify themselves from participating in any official act directly affecting a business in which that employee or board or commission member has a financial interest. The Governing Body may grant an exception from the requirements of this subsection by adoption of a resolution in which the Governing Body sets forth the reasons for its action.

D.        Gifts. No City elected official, City employee, or board or commission member shall request, receive or accept a gift or loan, or request, receive or accept a gift on behalf of any other person, if:

(1)    It tends to influence the official, employee, or board or commission member in the discharge of any official act;

(2)    The official, employee or board or commission member has, within the prior two years, engaged in any official act directly affecting the donor or lender; or

(3)    The official, employee, or board or commission member knows the donor or lender will be directly affected by a future official act of the official, employee, or board or commission member.

E.        Gifts; Exceptions. The prohibitions of Subsection D of this section shall not apply to:

(1)    An occasional nonpecuniary gift, insignificant in value;

(2)    An award publicly presented in recognition of public service;

(3)    A commercially reasonable loan made in the ordinary course of business by an institution authorized by the laws of the state to engage in the business of making loans; or

(4)    A political campaign contribution, provided that such a gift or loan is actually used in a political campaign.

F.         Contracts. The City shall not enter into any contract with any City elected official or City employee, with any former City elected official or City employee who was a City elected official or City employee during the immediate prior twelve months, or with a business in which such current or former City elected official or employee has a controlling interest, unless:

(1)    The existence of any controlling interest is disclosed; and

(2)    The contract is entered into after public notice and competitive bidding or competitive sealed proposals in which price is a factor.

G.        Enforcement. The Governing Body shall adopt a stand-alone ordinance for the Governing Body and a separate stand-alone ordinance for employees providing for enforcement of this section of the Charter and specifying minimum fines for violation of subsection B.

H.        Code of Conduct. The Governing Body by ordinance shall establish a code of conduct, which shall be reviewed at least once every two years by the Governing Body

Section 8.02 Holding Other Office.

A.        Except as authorized by state law, no elected officer of the City shall hold any other elected public office during the term for which the member was elected.

B.        No elected officer of the City shall hold any other City office or be employed by the City during the term for which the member was elected.

C.        No former mayor or city councilor shall be employed by the City until one year after the expiration of the term for which the member was elected.

D.        Nothing in this section shall be construed to prohibit the Governing Body from selecting any current or former mayor or city councilor to represent the City before any other governmental entity.

Section 8.03 Political Activity.

A.        No person shall engage in fund raising or campaigning in City offices regarding any ballot measure at a City election, or a campaign for City elective office.

B.        No person shall be disciplined or dismissed from City employment for failure or refusal to pay or promise to pay any assessment, subscription or contribution to any political group, organization or campaign for municipal office; however, nothing herein shall prohibit or limit voluntary contributions to municipal election campaigns.

C.        Any City employee who becomes a candidate for municipal elective office of the City of Rio Rancho shall, upon filing a declaration of candidacy, take a leave of absence without pay, use accrued vacation time, or both, not later than thirty days prior to the date of the municipal election. If a leave of absence is requested, it shall be granted.

D.        No employee of the City shall engage in any campaigning, fund raising, or other political activity involving any municipal election while on duty.

E.        Enforcement. The Governing Body shall adopt an ordinance providing for enforcement of this section of the Charter.

Section 8.01 Code of Conduct.

A.        The Governing Body by ordinance shall establish a code of conduct, which shall be reviewed at least once every three years by the Governing Body.

B.        The Governing Body shall adopt such code of conduct no later than July 1, 2016.

C.        Until such time as the code of conduct described above is adopted by the Governing Body, the previous provisions of Article 8 of this charter shall remain in full force and effect.

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Explanation: If approved, this amendment will remove the Conflict of Interest; Ethics section of the Charter and replace it with language requiring the Governing Body to adopt a related Code of Conduct by ordinance no later than July 1, 2016.

 

                                                                                                                 for amendment:   o

                                                                                                        against amendment:   o