CHAPTER 33
BOARDS, COMMISSIONS AND COMMITTEES

Section

General Provisions

33.01    Creation

33.02    Appointment; qualifications and terms

33.03    Removal from office

33.04    Meetings; notice and procedure

33.05    Reports to Governing Body

Boards, Commissions, Committees

33.15    Planning and Zoning Board

33.16    Parks and Recreation Commission

33.17    Library Board

33.18    Senior Services Advisory Board

33.19    Charter Review Committee

33.20    Reserved

33.21    Reserved

33.22    Keep Rio Rancho Beautiful Committee

33.23    Personnel Board

33.24    Capital Improvement Plan Citizens Advisory Committee

33.25    Lodger’s Tax Advisory Board

33.26    Public Infrastructure Advisory Board

33.27    Arts Commission

Cross-reference:

Departments, Offices, Boards and Commissions, see Charter Article V

GENERAL PROVISIONS

33.01 CREATION.

All standing, ongoing boards, committees, commissions and authorities, which are advisory in nature to the Governing Body, whether authorized by specific state statute or by implied powers granted to municipalities by general statute, shall be established by ordinance. The ordinance shall specify the purpose, membership, terms of service, duties and responsibilities, and organization of the board, committee, commission or authority. Ad hoc boards, committees, commissions and authorities, which are advisory in nature to the Governing Body, shall be established by resolution for a term not to exceed one year. The creating resolution shall state, at the minimum, the purpose of the committee, composition, term and process for removal of the members. Ad hoc boards, committees, commission and authorities shall comply with Sections 30.04 and 30.05. Appointments of city representatives to external regional, state or national boards, committees, commissions and authorities, shall be made by the Mayor subject to Governing Body confirmation pursuant to Section 3.02 of the City Charter.

(’87 Code, § 4-1-1) (Ord. 82-31; Am. Ord. 88-028; Am. Ord. 90-008; Am. Ord. 02-014)

33.02 APPOINTMENT; QUALIFICATIONS AND TERM.

All municipally appointed members of boards, commissions or authorities, including city representatives to outside regional, state or national boards, commissions, committees and authorities, except ex officio members, shall be municipal residents, appointed by the Mayor with approval of the majority of all of the members of the Governing Body. Qualifications and terms of office of members of city boards, commissions or authorities shall be established by the enabling ordinance. Vacancies may be caused by resignation, death, expiration of term, or removal by the appointing authority, and shall be filled by appointment of a replacement to complete the unexpired term, if any.

(’87 Code, § 4-1-2) (Ord. 82-31; Am. Ord. 88-028; Am. Ord. 90-008; Am. Ord. 02-014)

33.03 REMOVAL FROM OFFICE.

Any municipally appointed member, except ex officio members, of any city board, commission, or authority may:

(A) Be removed at any time by the Mayor, with the approval of the majority of the members of the Governing Body. Any city representative to outside regional, state or national board, committee, commission or authority shall serve at the pleasure of the Governing Body and may be removed at any time upon motion by any member of the Governing Body and subsequent approval by a majority of the members of the Governing Body.

(B) Be removed for failure to attend three consecutive regular meetings. Failure to attend three consecutive regular meetings, without good cause, shall constitute a presumption of good and sufficient cause for removal. Each board, commission or authority shall be the sole judge as to whether good cause is shown. If the board, commission or authority determines that good cause has not been shown, it shall recommend to the Mayor that the member be removed.

(’87 Code, § 4-1-3) (Ord. 82-31; Am. Ord. 88-028; Am. Ord. 90-008; Am. Ord. 02-014; Am. Ord. 15-18)

33.04 MEETINGS; NOTICE AND PROCEDURE.

(A) All meetings of boards, commissions, authorities shall be held on a regular basis with at least the minimum frequency prescribed by the enabling ordinance. Meetings shall be held at the municipal building or other public facility as may be decided by the board, commission, or authority to be suitable to the business before the body. All meetings shall be open to the public unless otherwise permitted by the Open Meetings Act, and shall be announced in the same manner and with the same advance notice as required for meetings of the governing body, or as required by state statute.

(B) Each board shall:

(1) Keep minutes of its proceedings which shall be open to examination by any citizen. The official minutes shall contain, at a minimum, the date, place and time of beginning and ending of the meetings, the names of those members present and absent, and the name of the presiding officer. Minutes of open meetings shall also contain any official actions and votes taken by the board or commission, including votes of the individual members. No official actions or votes may be taken in a closed meeting, except as may be provided by state statute. Minutes will be filed in the City Clerk’s office within 5 days following approval, or in no case later than 60 days following the date of the meeting;

(2) Preserve order and decorum at each meeting, and conduct all proceedings in accordance with the parliamentary rules contained in Robert’s Rules of Order;

(3) Conduct the order of business in the same manner as required of the governing body; and

(4) Conduct each meeting in accordance with the agenda announced for the meeting.

(C) Conflict of interest and recusal.

(1) To avoid the appearance of impropriety, no member of any standing or ad hoc board, commission or committee shall participate in any discussion, debate, deliberation or vote, or otherwise take part in the decision-making process on any agenda item in which the member has a conflict of interest.

(2) Any member of any standing or ad hoc board, commission or committee determined to have a conflict of interest shall immediately leave the meeting room, except that if the matter is being considered at a public meeting, the member may remain in the area of the room occupied by the general public.

(’87 Code, § 4-1-4) (Ord. 82-31; Am. Ord. 88-028; Am. Ord. 90-008; Am. Ord. 04-021)

33.05 REPORTS TO GOVERNING BODY.

Each board, commission or authority shall report in person annually to the governing body through its chairperson or representative as the chairperson shall delegate, unless the Mayor or the chairperson through the Mayor requests more frequent or special reports. Each year the City Clerk shall establish and coordinate a governing body reporting schedule which includes every active board, commission, or authority. Any recommendations from the board, commission or authority or any financial reports shall be in writing.

(’87 Code, § 4-1-5) (Ord. 82-31; Am. Ord. 88-028; Am. Ord. 90-008; Am. Ord. 15-09)

BOARDS, COMMISSIONS, COMMITTEES

33.15 PLANNING AND ZONING BOARD.

(A) The purpose of this section is to establish a municipal organization of appointed officials in order to promote and carry out a continuing process of comprehensive planning and zoning within the jurisdiction of the city.

(B)(1) There is hereby created the Planning and Zoning Board for the city pursuant to NMSA §§ 3-19-1 through 3-19-4 and §§ 3-21-1 through 3-21-11.

(2) The Planning and Zoning Board shall consist of seven members, who shall be appointed by the Mayor with the consent of the City Council.

(3)(a) The terms of appointment for the members of the Planning and Zoning Board shall be terms of three years, staggered for overlapping terms.

(b) Vacancies shall be filled for the remainder of any unexpired term by the Mayor with the approval of the City Council.

(c) After a public hearing and for cause stated in writing and made part of the public record, the Mayor with the approval of the City Council may remove a member of the Planning and Zoning Board for cause.

(C)(1) Powers and duties. The Planning and Zoning Board shall have such powers and duties as may be delegated to it by the Governing Body of the city and other such power, authority, jurisdiction and duty incidental and necessary to carry out its purposes.

(2) Responsibilities. The Planning and Zoning Board shall have the following responsibilities:

(a) The Planning and Zoning Board shall promote a comprehensive planning process with the general purpose of guiding and accomplishing a coordinated, adjusted, aesthetically appealing and harmonious development of the city;

(b) The Planning and Zoning Board shall make careful and comprehensive surveys and studies of existing conditions and probable future growth of the city and shall make recommendations on means of protecting and improving the environment;

(c) The Planning and Zoning Board shall prepare for adoption by the Governing Body a master plan for the physical development of the city and the area within the planning, platting, and zoning jurisdiction of the city;

(d) The Planning and Zoning Board shall prepare for adoption by the Governing Body regulations governing the subdivision of land within the planning, platting, and zoning jurisdiction of the city;

(e) The Planning and Zoning Board shall review and approve or disapprove any proposed subdivision platting, re-platting, or vacation of plats, conditional use permits, variance requests, sign exceptions, and appeals taken from decisions or actions of the City Development Department. The Board’s decisions on these matters shall be final, unless appealed. Other decisions of the Board are non-final recommendations to the Governing Body, as provided in Chapter 154;

(f) The Planning and Zoning Board shall prepare for adoption by the Governing Body zoning ordinances applicable to the territory within the boundaries of the city;

(g) The Planning and Zoning Board may recommend to the Governing Body of the city programs for public improvements and their financing;

(h) The Planning and Zoning Board is authorized to confer with other municipal, county, regional, state, or federal agencies as it deems necessary; and

(i) All appeals of final Board decisions or review of recommended decisions will be decided by the Governing Body only after a de novo hearing in which any aggrieved party may appear. An aggrieved party does not have to appear before the Board to participate in the Governing Body’s de novo hearing.

(D)(1) The Planning and Zoning Board shall elect from its members a chairman and a vice-chairman for one-year terms. Officers may be reelected for an indefinite number of years.

(2) The Planning and Zoning Board shall adopt and publish the rules, regulations and procedures for the conduct of business in compliance with § 33.04. A quorum shall be a majority of the membership of the Planning and Zoning Board.

(3) The Planning and Zoning Board shall hold regularly scheduled meetings at least once a month. All meetings of the Planning and Zoning Board must conform to the open meeting resolution adopted annually by the Governing Body of the city.

(4) A public record shall be kept of all actions and considerations undertaken by the Planning and Zoning Board. The records shall be filed with the City Clerk and kept available for public inspection in the City Clerk’s office during normal office hours.

(’87 Code, §§ 4-2-1 – 4-2-4)

(Ord. 81-1; Am. Ord. 88-028; Am. Ord. 95-016; Am. Ord. 96-015; Am. Ord. 18-28)

Cross-reference:

Flood Hazard Prevention, see Chapter 152

Planning and Zoning, see Chapter 154

Planning and Zoning Boards, see Charter § 5.08

Subdivisions, see Chapter 155

33.16 PARKS AND RECREATION COMMISSION.

(A)(1) Members of the Parks and Recreation Commission, except ex officio members, shall be municipal residents, appointed by the Mayor with the approval of a majority of the City Council.

(2) The Parks and Recreation Commission shall act in an advisory capacity to the governing body and shall advise and recommend to the governing body to insure the efficient, economical and comprehensive planning of parks and recreation.

(3)(a) The Commission shall consist of seven members. One member of the Commission shall be appointed from each of the six districts and each member shall reside in their respective district during their term. One member shall be a resident of the city, appointed at-large.

(b) The terms of appointment for commissioners shall be three years. The terms shall be staggered for overlapping terms.

(c) Vacancies shall be filled only for the remainder of any unexpired term by the Mayor with the approval of the City Council.

(d) The Commission shall elect from its members a chairman and vice-chairman for one year terms. Officers may be reelected as long as their term exists.

(4) All meetings of the Parks and Recreation Commission shall be held on a regular basis, at least once a month. All meetings shall be open to the public, unless otherwise permitted by the Open

Meetings Act, and shall be announced in the same manner and with the same advance notice as required for meetings of the governing body or as required by state statute. The procedure and order of business shall be conducted pursuant to the requirements of § 33.04. A quorum shall be a majority of the membership of the Parks and Recreation Commission.

(5) No vacancy on the Commission shall be caused by redistricting of governing body election districts. All members of the Commission shall be entitled to serve out their terms, unless otherwise removed pursuant to this code, even if redistricting causes a Commissioner to reside outside the district which that Commissioner was appointed to represent.

(’87 Code, § 4-3-1)

(B) A public record shall be kept of all actions and considerations undertaken by the Parks and Recreation Commission. The records shall be filed with the City Clerk and kept available for public inspection in the City Clerk’s office during normal office hours.

(’87 Code, § 4-3-3)

(C) The Commission shall:

(1) Act in an advisory capacity to the governing body;

(2) Assist in the annual budget, provide the research needed to assist the Director in developing the budget;

(3) Advise in the development of parks and recreation programs;

(4) Recommend the needs and policies for the acquisition, development and improvement of parks and playgrounds through comprehensive long- and short-term planning and research;

(5) Analyze and recommend programs for all citizens;

(6) Perform duties, as assigned by the governing body;

(7) Encourage development of intra-community council which will provide a format of information and cooperation between clubs, service organizations, schools and the Parks and Recreation Commission; and

(8) The Parks and Recreation Commission may serve as an advisory board against which the Department Administrator may test plans and ideas.

(’87 Code, § 4-3-4)

(Ord. 83-91; Am. Ord. 88-028; Am. Ord. 15-09; Am. Ord. 18-28)

Cross-reference:

Department of Parks and Recreation, see § 32.20

Parks and Recreation Commission, see Charter § 5.10

33.17 LIBRARY BOARD.

(A) Purpose.

(1) Under NMSA § 3-18-14, the city is empowered to establish and maintain a free public library.

(2) The Rio Rancho Community Library Association, Inc., has requested the city take over the ownership, operation and maintenance of its library facilities.

(3) It is deemed necessary by the governing body to create the Library Board of Trustees of the city.

(’87 Code, § 4-4-1)

(B) Creation. There is hereby created the Library Board of Trustees, hereinafter referred to as the “Library Board.” The Library Board shall act in an advisory capacity to the governing body and shall advise and assist the governing body in every possible way to insure the efficient and economical management and operation of the public library. All members of the Library Board shall serve without compensation, but may be reimbursed for all necessary travel expenses incurred away from the city on library business, in accordance with state statutes. (’87 Code, § 4-4-2)

(C) Appointment of Board. The Library Board shall consist of seven members who shall be residents of the Sandoval County community served by the library and shall include, as far as possible, representatives of various geographic, ethnic, socioeconomic, professional and business interest of the community. The members shall be appointed by the Mayor with the approval of the majority of the City Council. (’87 Code, § 4-4-3)

(D) Term of office.

(1) The terms of appointment of members of the Library Board shall be staggered for overlapping terms of three years. Through attrition of appointment, the staggering of terms shall be implemented.

(2) Vacancies shall be filled only for the remainder of any unexpired term by the Mayor with the approval of the City Council.

(’87 Code, § 4-4-4)

(E) Duties and functions. The Library Board shall advise the governing body on the operation of the public library and shall have the responsibility and obligations to:

(1) Recommend to the governing body policies for the administration of the public library for public inspection and information;

(2) Post rules and regulations, according to policy, for public use of the library in appropriate places in the library for public inspection and information;

(3) Recommend to the governing body an annual budget in sufficient time for the library budget to be included in the total budget for the city;

(4) Notify the Mayor of any vacancies on the Board and recommend persons to fill vacancies;

(5) Provide the Personnel Board with qualifications, not in conflict with state statutes, for head librarian and other library personnel;

(6) Make recommendations to the Mayor for employment;

(7) Recommend to the governing body any action to maintain or administer the public library;

(8) Research other revenue sources including, but not limited to grants, endowments and other gifts;

(9) Establish, support and participate in a vital public relations program for the library;

(10) Establish long-range priorities for the public library;

(11) Report to the governing body on a regular basis;

(12) Promote coordination of library activities with those of public officials, civic groups and other community organizations;

(13) Contribute special knowledge of the community to library staff members so they can efficiently serve the community which supports the library;

(14) Know local, state and federal library laws, and actively support legislation that improves and extends library services;

(15) Know and understand the sources available through the statewide library development program, and study advantages of participation in the program;

(16) Keep abreast of public library standards and trends;

(17) Arrange, aid, encourage and attend regional and state trustee meetings and workshops for a fuller utilization of trustee talent and experience; and

(18) Uphold the Library Bill of Rights and the Freedom to Read Statement adopted by the American Library Association.

(’87 Code, § 4-4-5)

(F) Removal from office. No member of the Library Board shall be removed from office except for good and sufficient cause and by a vote of two-thirds of the membership of the governing body. (’87 Code, § 4-4-6)

(G) Vacancies. On death, removal, resignation, change of residence to a place outside Sandoval County, or other inability to act as a member of the Library Board, the vacancy shall be filled in the same manner as the original appointment for the unexpired portion of the term. (’87 Code, § 4-4-7)

(H) Organization of the Board. At the first meeting of the Library Board and annually thereafter at the regular anniversary meeting, the members shall elect from its membership a president, vice-president, a secretary and other officers as may be necessary to carry out the functions of the Library Board. Each officer shall serve for a term of one year. (’87 Code, § 4-4-8)

(I) Meetings. The Library Board shall hold regular monthly meetings and other special meetings as may be called by the president. The time and place of the meetings shall be fixed by the Library Board at its first meeting, at which time the Library Board shall also adopt rules to govern its proceedings which shall be in compliance with the requirements of § 33.04. A majority of the members of the Board constitutes a quorum for the transaction of business. The act of a majority of the Board present shall be the act of the Board. All Library Board meetings shall be in accordance with the city open meetings resolution. (’87 Code, § 4-4-9)

(Ord. 82-24; Am. Ord. 88-028)

Cross-reference:

Public Library, see Chapter 95

33.18 SENIOR SERVICES ADVISORY BOARD.

(A) The purpose of this section is to establish a Senior Services Advisory Board. (’87 Code, § 4-6-1)

(B) There is hereby created the Senior Services Advisory Board, hereinafter referred to as the “Board.” The Board shall act in an advisory capacity to the Director of the Department of Cultural Enrichment or designee and City Manager and shall advise and assist the director and the Manager to insure the efficient and economical management and operation of the city senior services programs and facilities. All members of the Board shall serve without compensation. (’87 Code, § 4-6-2)

(C)(1) The Board shall consist of seven members who shall be residents of the city and shall include one representative of the general public from each Council district and one representative of the general public to serve as an at-large member of the Board. The members shall be appointed by the Mayor with the approval of the majority of the City Council.

(2) The appointment for the members of the Board shall be staggered for overlapping terms of three years.

(3) Vacancies shall be filled only for the remainder of any unexpired term by the Mayor with the approval of the City Council.

(’87 Code, § 4-6-3)

(D) The Board shall have the duties and responsibilities as may be delegated to it by the governing body. The Board shall:

(1) Recommend policies and procedures for development of the Department of Senior Services;

(2) Recommend services to promote and stimulate public interest;

(3) Through the Department Director, notify the Mayor of any vacancies on the Board and recommend persons to fill vacancies;

(4) Through the Department Director, contribute special knowledge of the community to senior services staff members so they may efficiently serve the community which uses the programs;

(5) Be familiar with local, state and federal laws relating to seniors, and actively support legislation that impacts favorably the rights, lifestyle, health and welfare of seniors in the community;

(6) Research other revenue sources including, but not limited to grants, endowments and other gifts;

(7) Through the Department Director, assist in developing short and long-range priorities for the provision of senior services;

(8) Through the Department Director, report to the governing body on a regular basis or as needed;

(9) Promote coordination of senior services activities with those of public officials, civic groups and other organizations.

(’87 Code, § 4-6-4)

(E) No member of the Board shall be removed from office except for good and sufficient cause and by a vote of a majority of the membership of the governing body.

(’87 Code, § 4-6-5)

(F) On death, removal, resignation, change of residence of a Board member to another district, (except for the at-large member), relocating to outside of the city or other inability to act as a member of the Board, the Board shall vacate that member’s position and the vacancy shall be filled in the same manner as the original appointment for the unexpired portion of the term. (’87 Code, § 4-6-6)

(G) At the regular July anniversary meeting, the members shall elect from its membership a chairperson, vice-chair, a secretary and other officers as may be necessary to carry out the functions of the Board. Each officer shall serve for a term of one year. (’87 Code, § 4-6-7)

(H) The Board shall hold regular monthly meetings and other special meetings as may be called by the chairperson. The time and place of the meetings shall be fixed by the Board at its first meeting, at which time the Board shall also adopt rules to govern its proceedings which shall be in compliance with the requirements of § 33.04. A majority of the members of the Board constitutes a quorum for the transaction of business. The act of a majority of the Board present shall be the act of the Board. All Board meetings shall be in accordance with the city open meetings resolution. (’87 Code, § 4-6-8)

(Ord. 85-123; Am. Ord. 88-028; Am. Ord. 04-037)

33.19 CHARTER REVIEW COMMITTEE.

(A)(1) The purpose of this section is to establish a Charter Review Committee in accordance with Section 1.07A of the Rio Rancho Municipal Charter. All Charter amendments initiated pursuant to Section 1.07A-B of the Charter, regardless of timing, must follow the provisions of this section.

(2) Notwithstanding the requirements of Section 1.07A-B of the Charter, the Governing Body may activate the Charter Review Committee at any other time as described below.

(B) Before any Charter amendments are submitted to the voters, a Charter Review Committee shall be activated by resolution of the Governing Body to propose Charter amendments, and shall consist of the following members:

(1) The Mayor serving as Chair of the Committee.

(2) Two Councilors who have notified the Mayor of their interest serving on the Committee at a public meeting of the Governing Body. If more than two councilors request to be appointed to the Committee, the City Clerk shall determine the two appointments by random lot. In the event that one or no Councilors are interested in serving on the committee, a resident member may be appointed instead, in accordance with subsection (B)(3) of this section.

(3) Four resident members appointed by each of the four Councilors who are not serving on the committee. Resident members must reside in the councilor’s district for which they are appointed and must be registered voters of the City of Rio Rancho. In the event of a council vacancy in any district during activation of the Committee, the Mayor shall appoint, subject to Governing Body confirmation, a resident representative from the vacant district. Resident representatives must reside within their district throughout the term of their appointment.

(C) At the first meeting of the Charter Committee, the members shall select a Deputy Chair from among the Committee members to serve in the absence of the Mayor. At any meeting where the Mayor and Deputy Chair are absent, the remaining members shall appoint an acting chair as their first order of business who shall preside for only that meeting.

(D) The resolution activating the Charter Review Committee shall specify the specific sections of the Charter to be reviewed, or in the case of any required periodic reviews, shall specify that the Committee shall review the Charter as a whole, and the appointed members of the Committee.

(E) All meetings of the Committee shall be public and held in accordance with Section 33.04. The Committee shall meet as soon as practical after appointment. At the first regularly scheduled meeting of the Charter Review Committee, the Committee shall adopt a schedule of regular meetings that allows for adequate time to review appropriate Charter sections and formulate any proposed amendments. The maximum time the Committee shall be active is six months or a lesser length of time as established in the enabling resolution.

(F) Any resident member of the Committee who fails to attend more than two Committee meetings, for any reason, shall be automatically removed as a member and a successor shall be appointed within 10 days in accordance with the terms of subsection (B)(3) of this section. A member so removed under this section shall not be eligible for reappointment and such member’s original appointment shall serve as a valid appointment for the purposes of subsection (H) of this section.

(G) Any appointed Council member who fails to attend more than two committee meetings, for any reason, shall be automatically removed as a member and a successor shall be appointed by the Governing Body in accordance with the terms of subsection (B)(2) of this section. Should the Mayor fail to attend more than two Committee meetings, for any reason, the Deputy Chair shall preside at all subsequent meetings and the Governing Body shall appoint a replacement from among its members.

(H) In the event any resident member of the Committee moves from the City or from the district from which the member was chosen to represent, a vacancy shall occur and a successor shall be appointed within 10 days in accordance with the terms of subsections (B)(1) through (3) of this section.

(I) No resident member may serve on more than one Charter Review Committee during that person’s lifetime.

(J) Approval of amendments.

(1) No later than 90 days after activation, the committee shall submit recommendations for Charter revisions to the Governing Body.

(2) The City Attorney shall review and render an opinion as to the legality and form of any proposed Charter amendment before it is submitted to the Governing Body for consideration.

(3) If the proposed Charter amendments are approved by a majority of the Governing Body, the Governing Body shall issue an election proclamation and an election shall be held in accordance with NMSA § 3-15-10.

(4) The Governing Body may modify the language of any amendment submitted by the Charter Review Committee to align with the form proposed by the City Attorney, but shall not make any substantive changes to any proposed amendments. Substantive changes may only be made following approval by the Charter Review Committee.

(5) Should the Governing Body by majority vote suggest substantive changes to any proposed amendment(s), the Charter Review Committee shall hold an additional meeting to discuss the changes and obtain public input no later than 30 days following action of the Governing Body. At the meeting, the Charter Review Committee shall vote to approve or not approve the proposed changes to any amendment(s). Should the Charter Review Committee not approve the proposed changes, the amendment(s) shall not be submitted to the voters. Should the Charter Committee approve the proposed changes to any amendment(s), the Governing Body shall then issue an election proclamation including all revised and previously approved amendments within 30 days following action of the Charter Review Committee and an election shall be held in accordance with NMSA § 3-15-10.

(K) Election.

(1) The proposed Charter amendments must receive a majority of the votes cast in the election in order to be adopted.

(2) If the proposed Charter amendments are not adopted at the election, those proposed Charter amendments shall not be resubmitted to the voters of the city for a period of two years thereafter.

(3) All Charter amendments duly adopted by a majority vote of the voters shall take effect immediately.

(Ord. 21-07)

33.20 RESERVED.

33.21 RESERVED.

33.22 KEEP RIO RANCHO BEAUTIFUL COMMITTEE.

(A) The purpose of this section is to establish a committee that will assist the governing body of the city in improving the quality of life for all residents of the community. (’87 Code, § 4-10-1)

(B)(1) There is hereby created the Keep Rio Rancho Beautiful Committee and all members shall serve without compensation.

(2) The committee shall consist of not less than five members all of whom shall be appointed in accordance with § 33.02.

(3)(a) The term of service for the members of this Committee shall be staggered for overlapping terms of three years.

(c) Any vacancy occurring other than by expiration of term shall be filled for the remainder of the unexpired term by the Mayor with the consent of the City Council.

(d) The Mayor shall endeavor in the appointments to maintain a committee, in particular its racial, ethnic and cultural spectrum.

(’87 Code, § 4-10-2)

(C)(1) The Keep Rio Rancho Beautiful Committee shall elect a chairperson and vice-chairperson from its members. Each officer shall serve for a term of one year.

(2) The Committee shall conduct a regularly scheduled monthly meeting and other special meetings as may be necessary. The time and place for the meetings shall be set by the Keep Rio Rancho Beautiful Committee at its first meeting. A majority of the members present shall act as the board. All meetings shall be in accordance with the open meetings provisions of the city, and shall be conducted in compliance with the requirements of § 33.04.

(3) A public record shall be kept of the actions of the Committee. The records shall be filed with the City Clerk and kept available for public review during normal office hours.

(’87 Code, § 4-10-3)

(D) The Keep Rio Rancho Beautiful Committee shall:

(1) Set rules and procedures as are necessary for the operation of the Committee;

(2) Appoint community committees that will assist the Committee in specific tasks in accordance with the certification guidelines of the Keep America Beautiful program; (Members appointed to community committees shall not be required to be municipal residents.)

(3) Conduct public forums upon the request of the City Council or Mayor for matters as the City Council or the Mayor may from time to time direct; and

(4) Promote mutual trust, understanding and respect between residents of the community and their governmental agencies.

(’87 Code, § 4-10-4)

(Ord. 88-028; Am. Ord. 90-025; Am. Ord. 91-028)

33.23 PERSONNEL BOARD.

(A) The governing body intends to achieve professional development for city employees, protection of employees rights, avoidance of employee dissatisfaction, access by employees to management and input by employees into decisions affecting wages, hours and other terms and conditions of employment. The governing body also intends that public service is an attractive career and efficient and effective services be provided to the people of the city. (’87 Code, § 4-13-1)

(B)(1) The Personnel Board consisting of five members, is hereby created. Members of the Board shall be appointed by the Mayor with the consent of a majority of all of the members of the City Council. The members of the Board shall reside in the city. The members of the Board shall serve without compensation.

(2)(a) The terms of service for the members of the Personnel Board shall be staggered for overlapping terms, beginning January 1, 1993, as follows:

1. Two members shall be appointed for a three-year term.

2. Two members shall be appointed for a two-year term.

3. One member shall be appointed for a one-year term.

(b) Through attrition of appointment, the staggering of terms shall be implemented.

(c) Any vacancy occurring other than by expiration of term shall be filled for the remainder of the unexpired term by the Mayor with the consent of the City Council.

(d) The Mayor shall make appointments to achieve broad racial, ethnic and cultural representation.

(3) The Mayor, with the consent of the City Council, shall appoint a replacement for a member of the Board whose term is terminated either by resignation, removal from office or death.

(’87 Code, § 4-13-2)

(C) The Personnel Board shall:

(1) Advise the Mayor and the City Council concerning matters relating to city employees;

(2) Adopt rules establishing procedures for the hearing of employee grievances; (The Board may delegate the duty to hear employee grievances to a hearing officer who may be a Board member. Provided that the Board shall make the final decision after consideration of the hearing officer findings of fact and conclusions of law.)

(3) Recommend adoption, repeal or amendment of personnel rules; and

(4) Report regularly to the governing body.

(’87 Code, § 4-13-3)

(Ord. 88-028; Am. Ord. 93-016)

Cross-reference:

Personnel, see Chapter 38

33.24 CAPITAL IMPROVEMENT PLAN CITIZENS ADVISORY COMMITTEE.

(A) Purpose of the Capital Improvement Plan Citizens Advisory Committee. The purpose of this section is to establish a citizens advisory committee to advise and assist the city in the preparation, implementation and update of the impact fees capital improvement plan (IFCIP). The IFCIP is a plan developed to support the creation of impact fees. The provisions herewith are in accordance with the New Mexico Development Fees Act (NMSA 1978 Sections 5-8-1 et seq.) and City of Rio Rancho Code Sections 150.20 et seq.

(B) Committee. There is hereby created a permanent Capital Improvement Plan Citizens Advisory Committee (CIPCAC). All members shall serve without compensation and comply with the requirements of Section 33.02.

(1) The CIPCAC shall consist of seven citizens who shall be appointed by the Mayor and approved subject to confirmation by the Governing Body.

(2) Not less than 40% of the CIPCAC (three members) shall be representatives of the real estate, development or building industries, in accordance with the New Mexico Development Fees Act.

(3) No more than two members of the CIPCAC shall reside in the same district, in accordance with the City Charter.

(4) The Impact Fee Administrator shall have staff assistance responsibility for the CIPCAC.

(C) Terms of Service.

(1) The term of service for each seat on the CIPCAC shall be staggered for overlapping terms of three years.

(2) Reappointments or filling of vacancies will be made in accordance with Section 33.02.

(D) Meetings.

(1) The CIPCAC shall hold quarterly meetings, with such additional meetings as deemed necessary by the Impact Fee Administrator.

(2) The CIPCAC shall elect a chairperson and a vice-chairperson from its members, and any other officers as necessary to carry out the duties of the committee.

(3) The CIPCAC shall submit written copies of all minutes and reports to the Governing Body.

(E) Duties and Responsibilities. The duties and responsibilities of the CIPCAC shall conform to the New Mexico Development Fees Act as adopted on July 1, 1993, which are restated as follows:

(1) Advise and assist the city in adopting land use assumptions (which includes a description of the service area and projections of changes in land uses, densities, intensities and population in the service area over at least a five-year period);

(2) Review the impact fee capital improvements plan and file written comments;

(3) Monitor and evaluate implementation of the impact fees capital improvements plan;

(4) File annual reports with respect to the progress of the capital improvements plan and report to the city any perceived inequities in implementing the plan or imposing the impact fee;

(5) Advise the city of the need to update or revise the land use assumptions, the impact fee capital improvements plan and impact fees.

(Ord. 08-95)

33.25 LODGER’S TAX ADVISORY BOARD.

(A) The purpose of this section is to establish a Lodger’s Tax Advisory Board in the city. (’87 Code, § 4-16-1)

(B) There is hereby created the Lodger’s Tax Advisory Board for the city, which will act in an advisory capacity to the governing body. (’87 Code, § 4-16-2)

(C)(1) The Mayor shall appoint an advisory board of five members with the confirmation of the City Council. The five-member advisory board shall consist of two members who are owners or operators of lodgings subject to the occupancy tax with the city, two members who are owners operators of industries located within the city that primarily provide services or products to tourists and one member who is a resident of the city and represents the general public.

(2) The terms of appointment for the members of the Board shall be staggered for overlapping terms of three years.

(3) Vacancies shall be filled only for the remainder of any unexpired term by the Mayor with the confirmation of the City Council.

(’87 Code, § 4-16-3)

(D) The Lodger’s Tax Advisory Board shall have the duties and responsibilities as may be delegated to it by the governing body. The Board shall:

(1) Advise the governing body on expenditure of funds authorized under § 37.02, for advertising, publicizing and promoting tourist attractions and facilities in the city or surrounding area;

(2) Set rules and regulations as are necessary for the operation of the Board;

(3) Conduct public forums upon the request or approval of the City Council or Mayor upon matters as the City Council or Mayor may from time to time direct;

(4) Identify areas of concern in the community as they relate to tourism-related industries and promote mutual trust, understanding and respect between residents and their governmental agencies.

(’87 Code, § 4-16-4)

(E)(1) At the first meeting of the Lodger’s Tax Advisory Board, and annually thereafter at the regular anniversary meeting, the members shall elect from its membership a chairperson, vice-chair and secretary and other officers as may be necessary to carry out the functions of the Board. Each officer shall serve a term of one year.

(2) The Board shall give adequate notice of all meetings, as set forth by the city’s open meetings resolution.

(3) The Board shall adopt rules, regulations and procedures for the conduct of business as may be appropriate. A quorum shall be a majority of the membership of the Board.

(4) A public record shall be kept for all actions and considerations undertaken by the Board. The record shall be filed with the City Clerk and kept available for public inspection in the City Clerk’s office during regular office hours.

(’87 Code, § 4-16-5)

(Ord. 88-028; Am. Ord. 94-023; Am. Ord. 96-024)

Cross-reference:

Lodger’s tax, see § 37.02

33.26 PUBLIC INFRASTRUCTURE ADVISORY BOARD.

(A) Board established. The Governing Body has determined that formal citizen input on roads, drainage, and water and wastewater utilities is appropriate and advantageous to the conduct of City government. A Public Infrastructure Advisory Board (“Board”) is hereby established, comprised of citizens that will provide input to the Governing Body regarding water and wastewater utilities, roadway and drainage matters in the manner set forth in subsection (G) of this section, prescribing the duties and responsibilities of the Board.

(B) Membership.

(1) The Board shall consist of seven members. One member of the Board shall be appointed from each of the six City Council districts. One member shall be a resident of the City, appointed at-large.

(2) The Mayor shall make appointments to the Board based upon qualifications, knowledge, and experience, subject to confirmation by a majority of the Governing Body.

(3) Removal of a Board member shall be in accordance with Section 33.03.

(4) Pursuant to Article 5.07(F) of the City Charter, no vacancy in the office of any member of the Board shall be caused by redistricting of City Council election districts.

(5) Board members shall receive no compensation.

(C) Terms of service.

(1) The initial Board members shall be appointed in the following manner: One member shall serve a one-year term; three members shall serve a two-year term; and three members shall serve a three-year term. The designated initial term for each district shall be determined by lot and coordinated by the City Clerk.

(2) The term of appointment for all Board members subsequent to initial appointments shall be three years.

(D) Organization.

(1) The Board shall elect from its members a Chairperson and Vice-Chairperson. The Board shall elect its officers as the first order of business at the first regularly scheduled meeting of each fiscal year; the balance of such meeting shall be chaired by the newly elected Chairperson, if present, or the newly elected Vice-Chairperson in his or her stead.

(2) Each officer’s term shall be one year and a vacancy in any of the offices shall be filled by the Board as the first order of business at the first regularly scheduled meeting after the vacancy occurs for the unexpired term of the office to be filled.

(3) The Chairperson shall preside at all meetings of the Board and, in the Chairperson’s absence, the Vice-Chairperson shall preside.

(E) Meetings.

(1) The Board shall hold at minimum regular quarterly meetings.

(2) All meetings of the Board shall be conducted pursuant to Section 33.04.

(3) The Board and its meetings shall be subject to the Boards and Commissions Rules of Procedure established by the Governing Body.

(F) Staffing. The City Manager shall, in his or her discretion, assign appropriate personnel to present and provide information to the Board.

(G) Duties and responsibilities. The Board’s duties and responsibilities shall consist of only the following:

(1) Provide input to the Governing Body regarding the City Manager’s proposed annual operating and capital improvement budget in relation to roads, drainage, and the water and wastewater utilities system.

(2) Provide input to the Governing Body regarding the City Manager’s five-year capital improvement program for roads, drainage, and the water and wastewater utilities system.

(3) Provide input to the Governing Body on proposals from the City Manager or Governing Body member(s) pertaining to rate and charge adjustments for water and wastewater utilities services.

(4) Provide input to the Governing Body regarding proposals from the City Manager related to road, drainage, and the water and wastewater utilities system that would be funded through bonds or loans.

(5) Report annually to the Governing Body in accordance with Section 33.05.

(6) Perform such other duties and functions as may be authorized by the Governing Body or provided by city ordinance consistent with the provisions of the City Charter.

(7) By majority vote, provide the Governing Body with a formal proposal for consideration related to improving or otherwise enhancing roads, drainage, and/or water and wastewater utilities. Before any city resources are used researching or developing such a proposal, the Board, by majority vote of its membership, must first formally seek and receive concurrence from the Governing Body.

(8) Meet as appropriate with the Planning and Zoning Board to coordinate land use and public infrastructure.

(H) Manner of reporting. The Board’s input to the Governing Body shall be limited to those matters approved by a vote of the Board at a duly noticed meeting, and shall be conveyed in a timely manner to the Governing Body by the Chairperson (or Vice-Chairperson in the Chairperson’s absence), either in writing or in person at a Governing Body meeting.

(Ord. 16-31)

33.27 ARTS COMMISSION.

(A) Purpose. The purpose of this section is to establish a municipal organization of appointed officials who will act in an advisory capacity to the Governing Body and make recommendations to the Governing Body in order to enhance and promote the arts within the jurisdiction of the city.

(B) Appointment and qualifications. The Arts Commission membership shall consist of seven municipal residents appointed by the Mayor with the approval of a majority of the City Council. Each member shall have professional experience or knowledge in an art-related discipline.

No member of the Governing Body or employee of the City of Rio Rancho shall serve on the Arts Commission as a voting member.

(C) Term of service. The terms of appointment for Arts Commission members shall be three years. Of the original Arts Commission members, one member shall serve a one-year term; three members shall serve two-year terms; and three members shall serve three-year terms.

Vacancies may be caused by resignation, death, expiration of term, or removal by the appointing authority, and shall be filled by appointment of a replacement to complete the unexpired term, if any. Vacancies shall be filled by the Mayor with approval of the City Council.

Commission members may be reappointed for an indefinite number of terms.

The Commission shall elect from its members a Chairperson and Vice-Chairperson for one-year terms. Officers may be reelected as long as their term exists.

(D) Removal from office. Any Arts Commission member may be removed at any time by the Mayor, with approval of the majority of the Governing Body, or failure to attend three consecutive regular meetings. Failure to attend three consecutive regular meetings, without good cause, shall constitute a presumption of good and sufficient cause for removal. The Arts Commission shall be the sole judge as to whether good cause is shown. If the Arts Commission determines that good cause has not been shown, it shall be recommended – via vote of the Arts Commission with the member in question being excluded from the vote – to the Mayor that the member be removed.

(E) Meetings, notice and procedures. All meetings of the Arts Commission shall be held on a regular basis, at least once per month. Meetings shall be held at the municipal building or another public facility as may be decided by the Arts Commission. All meetings shall be open to the public, unless otherwise permitted by the Open Meetings Act, and shall be announced in the same manner and with the same advance notice as required for meetings of the Governing Body or as required by state statute.

A quorum of the Arts Commission shall consist of a majority, four, of the commission members.

The Arts Commission shall keep minutes of its proceedings which shall be open to examination by any citizen. The official minutes shall contain, at a minimum, the date, place and time of beginning and ending of the meetings, the names of those members present and absent, and the name of the presiding officer. Minutes of open meetings shall also contain any official actions and votes taken by the Arts Commission, including votes of the individual members. No official actions or votes may be taken in a closed meeting, except as may be provided by state statute. Minutes will be filed in the City Clerk’s office within five days following approval or in no case later than 60 days following the date of the meeting. The records filed with the City Clerk’s office shall be kept available for public inspection in the City Clerk’s office during normal office hours.

Meetings of the Arts Commission shall preserve order and decorum at each meeting, conduct all proceedings in accordance with the parliamentary rules contained in Robert’s Rules of Order, and conduct the order of business in the same manner as required of the Governing Body.

The Arts Commission shall conduct each meeting in accordance with the agenda announced for the meeting.

To avoid the appearance of impropriety, no member of the Arts Commission shall participate in any discussion, debate, deliberation or vote, or otherwise take part in the decision-making process of any agenda item in which the member has a conflict of interest. Any Arts Commission member determined to have a conflict of interest shall immediately leave the meeting room, except that if the matter is being considered at a public meeting and in this instance the member may remain in the area of the room occupied by the general public.

(F) Responsibilities. The Arts Commission shall have the following responsibilities:

(1) Develop and seek Governing Body approval for a City of Rio Rancho Cultural Arts Plan. This plan will provide guidelines on how the city will promote public art in all its forms and how the city will go about providing a formal art presence in the city. Once this plan is established, the Arts Commission will update and revise the plan as needed.

(2) As applicable, review and provide recommendations to the Governing Body regarding the purchase and placement of public art throughout the city.

(3) Work with appropriate city departments and divisions to increase the presence of art and art-related cultural activities in the City of Rio Rancho with an emphasis on community involvement.

(4) Make recommendations to the Governing Body related to incentives that help further the arts in the City of Rio Rancho.

(5) Provide support for already established art programs, organizations and institutions.

(6) Recognize and honor local achievements in art.

(7) Work with local educational institutions to promote arts education.

(8) Encourage public-private partnerships that promote the arts.

(G) Powers and duties. The Arts Commission shall have such powers and duties as may be delegated to it by Governing Body of the City of Rio Rancho and other such power, authority, jurisdiction and duty incidental and necessary to carry out its purposes.

(H) Staff liaison. The manager for the city’s Convention and Visitors Bureau shall serve as the Arts Commission’s staff liaison.

Duties shall consist of assisting the Arts Commission carry out and implement their duties and responsibilities as well as attend all Arts Commission meetings. If the manager cannot attend an Arts Commission meeting, the manager shall appoint a representative to attend in their place.

(Ord. 09-46; Am. Ord. 15-09)