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Laura Jaramillo and Martin “Modey” Hicks
GRANTS, N.M. – The battle between City of Grants Mayor Martin “Modey” Hicks and Grants Manager Laura Jaramillo continued at the special city council meeting which took place on Sept. 15. Before the special meeting began, Hicks addressed the council saying he was going to enact Section 3.05. City Manager; Suspensions; Removal, it reads as follows.
The City Manager may be suspended or removed by a majority vote of all the members of the governing body. Action to remove the city manager may be initiated by the mayor, or by motion of any city councilor which is seconded by one other city councilor, at a meeting of the governing body.
Following the prayer to open the meeting, Hicks announced that he was going to implement article 3.05 of the city charter.
“I am initiating this because she [Jaramillo] lied at my court and she has lied to this council numerous times, and she has been totally insubordinate,” Hicks said. “So, I am implementing that now. So, would you (pointing to the city manager Laura Jaramillo) please leave the meeting?”
“No,” Jaramillo replied.
“She’s not leaving the meeting,” Councilor Rick Lucero said.
Hicks explained to the council that he is following the charter by initiating Section 3.05 of the city charter by placing the manager on administrative leave.
“This is part of the charter and I am implementing the charter,” Hicks said.
Lucero said he cannot do that because the council must vote on it.
Looking back at the wording the Section 3.05 there are two ways in which to remove or suspend a city manager and a small word known as or separates the two ways.
After several minutes of discussion by the mayor and councilors, Lucero said, “She’s not on trial.”
Hicks responded by saying, “I am initiating Section 3.05 of the city charter now.”
“You don’t have that authority,” Jaramillo said.
“Yes, I do. It’s right in here, in the charter,” Hicks said.
“Can we have the mayor removed?” Jaramillo asked.
“Can we have the mayor removed for implementing the charter?” Hicks responded. “Go ahead someone come up here and remove me.”
Hicks again repeated his action to implement Section 3.05 of the city charter and again Lucero interrupted and said, “No, we have to vote on it.”
In accordance with the city charter, the mayor does have the authority to suspend or put on administrative leave the city manager at any time. The steps that follow would be for a special meeting to take place or at the next scheduled regular meeting an item being placed on the agenda to vote on the retention or removal of said manager.
Hicks ad nauseum tried to explain the procedure to the council, however the council did not follow the procedure and insist that the manager leave the meeting. (The full meeting can be seen at the City of Grants Facebook page under the tab videos.)
According the City of Grants Oath of Office which reads, I _______________, having been elected to the office of ______________of the City of Grants, of Cibola County, State of New Mexico, do solemnly swear that I will up hold the Constitution of the United States, the Constitution and laws of the State of New Mexico, and the laws and Charter, of the City of Grants, and will faithfully and impartially discharge duties of said office to the best of my ability, so help me God.
Councilor Fred Rodarte argued that the mayor was not following the charter because the removal from office needs to be on the agenda. Rodarte is correct in that statement, but Hicks was not trying to remove Jaramillo from office during the meeting, instead he was simply enacting the city charter Section 3.05 to have the manager put on administrative leave.
The meeting never came to a proper end. Hicks was addressing the council and the members at the meeting when the Facebook feed was cut off and no motion or second was ever made to adjourn.