CHAPTER 30
GOVERNING BODY

Section

General Provisions

30.01    Composition; powers and duties

30.02    Residency

30.03    Compensation

30.04    Meetings; minutes

30.05    Quorum

30.06    Addressing the governing body

30.07    Decorum

30.08    Ordinances and resolutions

30.09    Business days and hours

Election and Campaign Procedures

30.20    Purpose

30.21    Definitions

30.22    Districts; boards

30.23    City elections

30.24    Polling places

30.25    Initiative, referendum or recall

30.26    Campaign Treasurer

30.27    Reporting

30.28    Run off elections

30.29    Voter photo identification required

30.99    Penalty

Cross-reference:

Governing body, see Charter Article II

GENERAL PROVISIONS

30.01 COMPOSITION; POWERS AND DUTIES.

(A) The governing body constitutes the legislative branch of the municipality and shall not perform any executive functions except those assigned to it by law.

(B) The governing body may:

(1) Provide for other officials as proper administration of the City may require; and

(2) Provide for deputy appointed officials who will exercise the powers granted to appointed officials.

(’87 Code, § 2-2-1) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017)

Cross-reference:

Corporate authority; composition; general powers, see Charter § 2.01

30.02 RESIDENCY.

Each Councilor shall continually reside within the district to which elected throughout the term of office.

(’87 Code, § 2-2-2) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017)

30.03 COMPENSATION.

(A) Beginning in 2018 and thereafter, the annual salary of City Council members shall be 28% of the most current estimated median household income, as reported by the United States Census Bureau, on the day each Councilor is sworn into office.

(B) Councilors and eligible family members shall be offered medical, dental and vision insurance coverage as provided to other city employees.

(C) The annual salary of a Councilor shall not be increased or decreased during their respective term of office.

(’87 Code, § 2-2-3) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017; Am. Ord. 04-012; Am. Ord. 16-22)

Cross-reference:

Compensation; expenses, see Charter § 2.04

30.04 MEETINGS; MINUTES.

(A) Regular meetings.

(1) At the second meeting in April of each year, the governing body shall establish an annual schedule of regular meetings by resolution, including the days and times for such meetings. The governing body shall hold regular meetings at least once in every month.

(2) Regular meetings may be canceled, postponed or rescheduled by vote of at least four members of the governing body. The mayor may cancel a regular meeting in the event of an emergency or for lack of a quorum by giving such notice as is practical under the circumstances.

(3) All meetings shall be held at City Hall or other public buildings as appropriate.

(B) Minutes.

(1) Records of open meetings shall be open to the public at all reasonable times following governing body approval.

(2) All minutes shall contain at a minimum:

(a) The date, place and time of the meeting;

(b) The names of members in attendance and those absent; and

(c) A record of any official actions and votes taken by the governing body.

(3) Minutes shall be prepared according to the requirements of NMSA § 10-15-1.G and in accordance with Robert’s Rules of Order.

(4) Draft minutes of open meetings shall be prepared by the City Clerk within ten working days.

(’87 Code, §§ 2-2-6, 2-2-7) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017; Am. Ord. 04-010; Am. Ord. 06-48; Am. Ord. 12-19; Am. Ord. 14-18)

30.05 QUORUM.

(A) No action shall be taken by the governing body unless a quorum is present.

(B) For purposes of determining a quorum, the Mayor shall be counted as a member.

(’87 Code, § 2-2-8) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017)

30.06 ADDRESSING THE GOVERNING BODY.

(A) Public forum.

(1) Any person wishing to address the governing body on any item which is not on the agenda, shall register with the City Clerk within 15 minutes before the beginning of the meeting.

(2) Speakers shall be recognized in the order of registration with the City Clerk.

(B) Manner of address.

(1) Each person shall seek the recognition of the presiding officer.

(2) Each person shall give his name and address.

(3) Comments or questions shall be addressed to the governing body as a whole through the presiding officer and not to any members thereof.

(4) No person shall enter into any discussion without the permission of the presiding officer.

(C) Time limit. The presiding officer may place a limit on the amount of time any person may speak after being recognized.

(’87 Code, § 2-2-9) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017)

30.07 DECORUM.

(A) The presiding officer shall preserve the order and decorum, decide all questions of order and conduct the proceedings in accordance with the governing body’s rules of procedure. The presiding officer may bar anyone acting improperly from continuing his address to the governing body.

(B) While the governing body is in session, no person shall cause a breach of the peace, and shall neither delay nor interrupt the proceedings of the governing body.

(C) The Director of the Department of Public Safety or his designee, shall serve as sergeant-at-arms.

(’87 Code, § 2-2-10) (Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017)

30.08 ORDINANCES AND RESOLUTIONS.

(A)(1) Adoption; consistency. The governing body may adopt ordinances not inconsistent with state laws and the City Charter for the purpose of:

(a) Effecting or discharging the powers and duties conferred upon the city;

(b) Providing for the safety, preserving the health, promoting the prosperity or improving the morals, order, comfort and convenience of the city and its inhabitants; and

(c) Enforcing obedience to the ordinances by imposing penalties, not exceeding the maximum allowable penalty pursuant to NMSA § 3-17-1, as amended, by suit or prosecution before the Municipal Judge.

(2) Passage. All laws of the city shall be enacted by the passage of ordinances as set forth in the City Charter.

(3) Introduction of general ordinances. General ordinances are all ordinances other than ordinances on zoning matters as authorized in NMSA § 3-21-6, as amended.

(a) General ordinances shall have two readings prior to adoption.

(b) The voting on a general ordinance at first reading shall be in accordance with § 2.09.D.1. of the City Charter.

(c) If approved on first reading, a general ordinance shall be published one time, by title and subject, as a legal advertisement in a newspaper of general circulation within the city, at least seven days prior to the meeting at which it is to be considered for adoption.

(4) Adoption of general ordinances.

(a) A general ordinance is presented for consideration and adoption at second reading.

(b) The voting on a general ordinance at second reading shall be in accordance with §§ 2.09.C. and 2.09.D.1. of the City Charter.

(5) Zoning and land use ordinances.

(a) Zoning and land use ordinances are ordinances authorized in NMSA § 3-21-6, as amended.

(b) Zoning and land use ordinances shall have one reading at which final action shall be taken.

1. Notice of a zoning or land use ordinance shall be published one time, by title and subject, as a legal advertisement in a newspaper of general circulation within the city, at least 15 days prior to the hearing at which it is to be considered for adoption.

2. Voting on a zoning or land use ordinance shall be in accordance with §§ 2.09.C and 2.09 D.1. of the City Charter.

(6) Publication of ordinances. Enacted ordinances shall be published one time, by title and summary, unless otherwise provided by law, in a newspaper of general circulation within the city.

(7) Contents. All ordinances shall contain a title which clearly expresses the subject and an enactment clause to read: “BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF RIO RANCHO.” Ordinances amending existing law by the addition or deletion of language must have all new matter underscored and must have all material intended to be deleted set forth by strike out.

(8) Authentication.

(a) The Mayor must validate enacted ordinances by signing the final authoritative ordinance within five calendar days after adoption.

(b) An ordinance must be authenticated by the signature of the City Clerk, and shall bear the seal of the city.

(’87 Code, § 2-2-4)

(B)(1) Adoption. Any resolution may be adopted at the meeting at which it is introduced.

(2) Form. All resolutions shall contain a title which clearly expresses the subject and a resolving clause, to read: “BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF RIO RANCHO.”

(3) Authentication.

(a) The Mayor must validate adopted resolutions by signing the final authoritative resolution within five calendar days after adoption.

(b) All resolutions must be authenticated by the signature of the City Clerk, and shall bear the seal of the city.

(4) Effective. Resolutions shall become effective upon adoption unless a later date is specified in the resolution. Except as otherwise noted in the Charter, every adopted ordinance shall become effective at the expiration of ten days after adoption, or at any later date specified therein.

(’87 Code, § 2-2-5)

(Ord. 82-31; Am. Ord. 93-009; Am. Ord. 93-017)

Cross-reference:

Ordinances in general, see Charter § 2.11

30.09 BUSINESS DAYS AND HOURS.

(A) The normal business days of the city upon which the city offices will be open to the public shall be Monday through Friday, excepting those days declared legal holidays by the governing body. The normal business hours of the city shall commence at 8:00 a.m. and shall end at 5:00 p.m. (’87 Code, § 2-3-1)

(B) Except when specifically noted to the contrary, when a deadline for filing with or action by the city contained in any ordinance, resolution or regulation adopted by the city falls on a Saturday, Sunday or designated holiday, the deadline shall be the next business day following that nonbusiness day. (’87 Code, § 2-3-2)

(Ord. 86-014)

ELECTION AND CAMPAIGN PROCEDURES

30.20 PURPOSE.

The purpose of this subchapter is to adopt a policy concerning campaign practices, candidate expenses, contribution reports and campaign ethics.

(’87 Code, § 1-3-1) (Ord. 85-150; Am. Ord. 93-021; Am. Ord. 95-014; Am. Ord. 96-027)

30.21 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CAMPAIGN MATERIAL. Any circular, pamphlet, letter, poster, billboard, placard, handbill, card, bumper sticker, decal or other printed or written matter, or radio or television announcement.

CAMPAIGN REPORT. A report of all contributions received and expenditures made.

CANDIDATE. Any individual listed on the ballot for election to any city office or any person who otherwise has taken affirmative action to seek election to city office.

COMMITTEE. A combination of two or more persons acting jointly in support of, or in opposition to a candidate or to the adoption or defeat of one or more measures.

CONTRIBUTION. A gift, subscription, loan, advance, deposit, pledge, contract, agreement or promise of money, service or anything of value or other obligation, made directly or indirectly to a campaign. Where goods, materials, services, facilities or anything of value other than money is contributed or expended, the monetary value thereof shall be the fair market value.

ELECTION. Any regular or special city election.

EXPENDITURE. A payment, pledge or promise of payment or money for anything of value or other obligation, for goods, materials, services or facilities.

MEASURE. Any proposition or question submitted to a popular vote at an election, or circulated for purposes of submission to a popular vote at any election, whether or not the proposition or question qualifies for the ballot.

PERSON. Any individual acting alone in support of or in opposition to a candidate or to the adoption or defeat of one or more measures.

(’87 Code, § 1-3-2) (Ord. 85-150; Am. Ord. 93-021; Am. Ord. 95-014; Am. Ord. 96-027)

30.22 DISTRICTS; BOARDS.

(A) The city is divided into six geographic districts. Districts are defined as follows:

(1) District 1. (Precincts 1, 40, 43, 44, 45, 46, 47, 57, 70, 81, 85, 115, 118.)

(2) District 2. (Precincts 42, 67, 68, 69, 71, 73, 80 (partial).)

(3) District 3. (Precincts 63, 65, 66, 74 (partial), 75, 80 (partial), 82, 84.)

(4) District 4. (Precincts 34, 35, 37 (partial), 39 (partial), 41, 48, 49, 60, 62, 81, 83.)

(5) District 5. (Precincts 3, 30, 31, 32, 33, 36, 72, 86.)

(6) District 6. (Precincts 37 (partial), 38, 39 (partial), 50, 52, 58, 59, 61, 64, 74 (partial).)

(B) The requirements of NMSA §§ 3-8-19 and 3-8-20 shall apply to election district boards. (’87 Code, § 1-3-7)

(Ord. 85-150; Am. Ord. 93-021; Am. Ord. 95-014; Am. Ord. 96-027; Am. Ord. 01-018; Am. Ord. 04-004; Am. Ord. 07-70; Am. Ord. 11-21)

Cross-reference:

Council Districts, see Charter § 2.03

30.23 CITY ELECTIONS.

(A) Regular city elections shall be held in accordance with § 7.01 of the City Charter. (’87 Code, § 1-3-4)

(B) Special city elections shall be held in accordance with NMSA § 3-8-35. All special elections shall be held on a Tuesday. (’87 Code, § 1-3-5)

(Ord. 85-150; Am. Ord. 93-021; Am. Ord. 95-014; Am. Ord. 96-027)

Cross-reference:

Elections, see Charter Article VII

30.24 POLLING PLACES.

The governing body shall designate as many polling places as needed for each election district.

(’87 Code, § 1-3-6) (Ord. 85-150; Am. Ord. 93-021; Am. Ord. 95-014; Am. Ord. 96-027; Am. Ord. 07-70)

30.25 INITIATIVE, REFERENDUM OR RECALL.

Any person or committee initiating circulation of a petition for initiative, referendum or recall in accordance with §§ 7.02 and 7.03 of the City Charter, shall first file a notice of intent to circulate petition with the City Clerk, on a form prescribed by the City Clerk.

(’87 Code, § 1-3-8) (Ord. 85-150; Am. Ord. 93-021; Am. Ord. 95-014; Am. Ord. 96-027)

Cross-reference:

Initiative and referendum, see Charter § 7.02

Recall, see Charter § 7.03

30.26 CAMPAIGN TREASURER.

(A) Each candidate, person or committee, shall appoint the Campaign Treasurer. A candidate or person may appoint himself as Campaign Treasurer.

(B) The name, address and telephone number of the Campaign Treasurer shall be filed with the City Clerk not later than five days after filing for candidacy or issuance of a proclamation calling for election.

(C) The Campaign Treasurer shall keep a true and full record of all contributions and expenditures, to include:

(1) The name and address of every contributor whose total contribution exceeds $50;

(2) The amount and form of every contribution;

(3) A full record of all disbursements;

(4) Receipts exceeding $15, reflecting the purpose of each expenditure, the date and method of payment; and

(5) All campaign bank records.

(D) Campaign records shall be preserved by the Campaign Treasurer or candidate at least two years after the date of the election for which the accounts are required to be kept.

(’87 Code, § 1-3-9) (Ord. 85-150; Am. Ord. 93-021; Am. Ord. 95-014; Am. Ord. 96-027)

30.27 REPORTING.

(A) Each candidate, person or committee shall file a campaign report with the City Clerk, on a form prescribed by the City Clerk. (’87 Code, § 1-3-10)

(B)(1) Each campaign report which identifies contributions and expenditures exceeding $250, shall itemize each item of contribution and expenditure including:

(a) The amount of contribution or expenditure or value of goods and services contributed;

(b) The purpose of the contribution or expenditure;

(c) The date of the contribution or expenditure;

(d) The name and address of the person or entity from whom any cumulative contribution exceeding $50 was received; and

(e) The name and address of the person or entity to whom any cumulative expenditure exceeding $50 was made.

(2) Each campaign report shall contain the total of all contributions and expenditures.

(3) An itemized campaign report is not required if neither the total contributions received nor the total expenditures exceed $250. However, the campaign report shall contain a written declaration, under oath, that neither the campaign contributions nor the expenditures exceed $250.

(4) Each campaign report shall contain a declaration that the campaign report has been prepared with all reasonable diligence and that it is true and complete.

(5) Each campaign report shall be subscribed and sworn to by the candidate or Campaign Treasurer.

(’87 Code, § 1-3-11)

(C)(1) Three mandatory campaign reports shall be filed during the following periods:

(a) The first shall be filed not later than 28 days prior to an election. The first campaign report shall contain a total listing of all contributions and expenditures made within 365 days preceding the date of the election.

(b) The second shall be filed not later than 12:00 noon the day preceding the date of the election.

(c) The third shall be filed not later than 30 days after an election.

(2) Additionally, a fourth report shall be filed every six months following the election, as long as any debt remains unpaid by the candidate, person or committee. In the event no debt remains unpaid, a declaration affirming such shall be filed with the City Clerk.

(’87 Code, § 1-3-12)

(3)(a) Any remaining contributions not expended on the campaign shall be disposed of, at the option of the candidate, by one of the following methods:

1. Retained in the campaign bank checking account for a possible runoff election for that office or challenge to the election;

2. Returned to the person who made the contribution;

3. Placed in the City of Rio Rancho’s General Fund; or

4. Given to a registered charity identified by the candidate.

(b) The final campaign financing statement shall reflect the final disposition of such contributions.

(D)(1) If any candidate or Campaign Treasurer files a report of expenditures and contributions after the deadline, or if the candidate or Campaign Treasurer files an incomplete report, the candidate shall pay to the city, at the time of filing, the sum of $10 per day for each regular working day after the time required by this subchapter, until the complete report is filed.

(2) It is unlawful for a candidate or Campaign Treasurer to knowingly and willfully file a false report of expenditures and contributions.

(’87 Code, § 1-3-13)

(Ord. 82-31; Am. Ord. 93-021; Am. Ord. 95-014; Am. Ord. 96-027; Am. Ord. 07-70) Penalty, see § 30.99

30.28 RUN OFF ELECTIONS.

(A) Run off election required. If no candidate receives a majority of the votes cast for a particular office, a run off election shall be held. If two candidates receive 50% each of the votes cast for a particular office and therefore are in a tie, those two candidates become the candidates in a run off election. The filing of declaration of candidacy is not required in such case.

(B) Run off candidates.

(1) Except as provided by divisions (B)(2) and (3) below, the two candidates in a run off election shall be the candidates who receive the highest and second highest number of votes or who tie for the highest number of votes in the main election.

(2) If more than two candidates tie for the highest number of votes in the main election, the tied candidates shall draw lots to determine which two are to be the run off candidates.

(3) If two or more candidates tie for the second highest number of votes in the main election, the tied candidates shall draw lots to determine which one is to be the second candidate in the run off election.

(4) The City Clerk shall supervise the drawing of lots.

(C) Calling for run off election. At its next regularly scheduled meeting after the date that the final canvass of the main election is completed, the governing body shall call for a run off election by resolution.

(D) Run off election day. A run off election shall be held not earlier than the 35th nor later than the 45th day after the date that the final canvass of the main election is completed.

(E) Run off election notice.

(1) The governing body shall by resolution set the date of the run off election and specify the offices to be filled and the names of the candidates. The resolution shall be published once at least seven days prior to the run off election. The run off election resolution shall be posted in the office of the City Clerk within 24 hours from the date of adoption until the date of the run off election.

(2) For information and coordination purposes a copy of the run off election resolution shall be mailed to the New Mexico Secretary of State and the Sandoval County Clerk.

(3) The run off election resolution shall state the purpose for calling for the run off election, the date of the run off election, the date and time of the closing of the voter registration books by the county clerk, the location of polling places, consolidation of precincts, precinct board members, dates and time for absentee voting and if voting machines will be used.

(4) Only such polling places will be reactivated for a run off election as is required for a District Councilor position. All polling places will be reactivated for a run off election as is required for an at large position, such as Mayor or Judge.

(F) Certification of run off candidates. The City Clerk shall certify, in writing, the placement on the run off election ballot of the names of the run off candidates. The placement of run off candidates shall be determined by drawing lots for position on the ballot.

(G) Absentee voting. Absentee ballots and ballot faces for voting machines and sample ballots shall be delivered to the City Clerk no later than 29 days prior to the run off election. Absentee voting shall be permitted as authorized by state law.

(H) Tie vote in run off.

(1) Except as provided by division (H)(3) below if the candidates in a run off election tie, the tied candidates shall draw lots to determine the winner.

(2) The City Clerk shall supervise the drawing of lots under this section.

(3) A tying candidate may resolve the tie by filing with the City Clerk of the Canvass Board a written statement of withdrawal, signed and acknowledged by the candidate. On receipt of the statement of withdrawal, the remaining candidate shall be the winner and a drawing of lots shall not be held.

(I) Canvassing. The Canvassing Board shall have the official canvassing of the run off election results completed no later than the third day following the election and shall follow all duties as stated in NMSA § 3-8-53 and other relevant sections of the Municipal Election Code.

(Ord. 06-54)

30.29 VOTER PHOTO IDENTIFICATION REQUIRED.

(A) When a voter approaches the election polling place seeking to vote, the voter must identify herself or himself audibly by name. The Municipal Election Clerk shall locate the registered voter’s name as spoken and ask the individual seeking to vote for one current identification card containing the voter’s name and photograph.

(B) Such photo identification card may include any card issued by a government agency, driver’s license, student identification card, commercial transaction card (such as a credit or debit card), insurance card, union card, a professional association card or a voter identification card issued by the Rio Rancho City Clerk.

(C) If the individual is unable to provide a photo identification card, she or he shall be allowed to vote on a conditional ballot, but only if she or he swears or affirms under penalty of perjury in an affidavit provided by the City Clerk that she or he is the registered voter listed on the voter registration rolls at the precinct at which she or he presented herself or himself to vote and provides her or his date of birth and the last four digits of her or his Social Security number.

(D) Conditional ballots shall be issued for no other reason than the failure to present photo identification. Conditional ballots shall be counted only by the Canvassing Board and only on the voter’s presentation to the City Clerk within the three-day canvassing period one of the photo identification cards described in this section. The Canvassing Board shall also verify that the voter who cast the provisional ballot was registered to vote for the election and did not vote elsewhere in the same election. If a voter who cast a conditional ballot under this section swears or affirms under penalty of perjury in an affidavit provided by the City Clerk within the three-day canvassing period that she or he has a religious objection to being photographed, such voter shall not be required to submit photo identification. The Canvassing Board shall otherwise verify that the conditional ballot was valid.

(E) The City Clerk shall develop and provide instructions for election judges concerning the requirements of this section and a method of complaint and resolution for individuals who feel they have been discriminated against by election officials or the City Clerk’s administration of this section.

(F) Regarding the requirements of this section, knowingly executing a false statement constitutes perjury as provided in Section 30-25-1 NMSA 1978 and voting on the basis of a falsely executed statement constitutes false voting as provided in Sections 1-20-8 and 1-20-8.1 NMSA 1978.

(G) Voter photo identification cards shall be issued by the City Clerk without charge to any voter who presents any two of the following identification documents that show the name and address of the voter: a state-issued identification card, Social Security card, student identification card, library card, insurance card, selective service card, union card, professional association card, utility bill, bank statement, government check or a paycheck. If the individual is unable to present any two of these documents to the City Clerk, then the voter shall swear or affirm in writing under penalty of perjury that she or he is the registered voter and shall be issued a voter photo identification card upon confirmation with the County Clerk that such person is registered to vote. The City Clerk issued photo identification card shall state on its face that it shall not be valid for identification other than for the purpose of voting in City of Rio Rancho municipal elections and shall not be valid if the voter is subsequently purged from the voter rolls.

(H) This section shall take precedence over the State Municipal Election Code and any reference in this article to the State Municipal Election Code. The provisions of this section shall apply only to City of Rio Rancho municipal elections.

(Ord. 12-15)

30.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) Any person violating §§ 30.20 through 30.27 shall be guilty of a misdemeanor.

(’87 Code, § 1-3-14) (Ord. 85-150; Am. Ord. 93-021; Am. Ord. 95-014; Am. Ord. 96-027)