City council continues to argue over charter compliance
GRANTS, N.M. – The City of Grants government continues to fall short when it comes to following its charter. Last week, during a regularly scheduled council meeting, the council voted 3-1 to end the meeting just seven minutes into the event on the basis that agenda items were not placed on the agenda.
Councilman Fred Rodarte wanted to have two items placed on the agenda regarding the hiring of two city positions – a librarian, and a mechanic for the golf course. Rodarte cited a resolution which the city council passed in September of 2020.
Resolution No. 20-1696, Providing for annual notice requirements under the Open Meeting Act, Sections 10-15-1 through 10- 15-4, NMSA 1978 and the city charter.
Rodarte cited from the regular meetings section of the resolution;
1: Notice of regular meetings shall include an agenda containing a list of specific items of business to be discussed or transacted at the meeting or information on how the public may obtain a copy of such agenda.
2: Agenda items for regular meetings may be submitted by the mayor or a city councilor or city manager to the city clerk. The submitted agenda item will then be placed on the agenda for the next regular meeting or, if not submitted in time to be placed on the agenda for the subsequent regular meeting.
Mayor Martin “Modey” Hicks told Rodarte the charter clearly states that all hiring and firing of city personnel is the direct responsibility of the city manager. Following a heated exchange, Rodarte made a motion to adjourn the meeting due to the meeting being in violation of the Open Meetings Act and the council voted 3-1 to end the meeting. Councilman Erik Garcia was the only councilman to vote no.
On Monday, the city council held a special meeting so it could get back to the business at hand for the city. However, Hicks requested that an agenda item, item number 13; Open Meetings Act Clarification be moved to item number 2 on the agenda, under hearing items. The council voted unanimously to move the item. Hicks noted he wanted to discuss the first two items on the agenda before he had to leave the meeting so he could go to his place of employment.
Hicks stated, once again, that the city was not incompliance with its charter.
“I don’t even know where to begin with this,” Hicks said. “The charter and the Open Meetings Act go hand in hand. We got clarification from the attorney general that we cannot change the Open Meeting Act. So, with that I will be back in charge of the agenda again.”
Hicks then proceeded to offer apologies to members from the Northwest New Mexico Council Of Governments, Smithco, to the staff from the city and to the public for what he called, “total disrespect” that was shown to them during the meeting on August 19 when the council voted to adjourn the meeting.
“Hypocrisy on the charter. You guys filed a lawsuit against me, an injunction, because you said I wasn’t allowing for city business to be taken care of,” Hicks said. “I have never canceled a meeting, but you guys did last Thursday, and we had all kinds of things to discuss concerning city business.”
Hicks said when the council filed the injunction against him, the then city attorneys advised the council not to file but they did anyway.
Hicks went on to tell the council that they cannot discuss employment positions or hiring or firing of personnel in an open meeting like Councilman Rodarte had wanted at the previous meeting.
“The charter specifically states that you cannot do that,” Hick said.
Hicks then read the portion of the charter that backed his point about the hiring of any city personnel.
Section 5.02. Division and Department Directors; Hiring.
A. The City Manager shall appoint the directors of City departments and divisions.
B. Directors of City divisions and departments shall be unclassified (salaried/exempt) employees24 who shall serve at the pleasure of the City Manager.
C. Neither the Mayor nor any City Councilor shall in any manner control or demand the hiring of any person by the City Manager, but the Mayor and each City Councilor may express their individual or collective views, and fully and freely discuss with the City Manager anything pertaining to a potential hiring.
“That’s pretty self-explanatory. The Open Meetings Act cannot be changed. It’s statutory law. It can only be changed in legislaHicks said. “This is tion,” not rocket science. This is government. All you got to do is read it and understand it. What needs to happen now is – you guys need to read the charter again and you need to read the personnel policies. We need to know what the hell we are doing up here guys.”
Rodarte said he wants clarification about the Open Meetings Act ruling from an attorney and Hicks interjected saying that the clarification came from New Mexico Attorney General Hector Balderas. The mayor at that point left the meeting to attend his place of employment.
Pick up a copy of the September 1 edition of the Cibola Citizen for details of agenda items from the August 23 meeting and any updates concerning the city’s compliance of the charter.
The Cibola Citizen attempted to gain access to the letter from the Attorney General, but it was not available by press time. You can view the city council meetings by visiting the City of Grants Facebook page, under the tab: videos.