Making the city
CITY OF GRANTS, N.M – In last week’s edition of the Cibola Citizen, we completed the trifecta that is the government of the City of Grants. With the establishment of the Grants City Council as the city’s legislature, the office of the Mayor and City Manager as the executive branch, and the office of the Municipal Judge as the city’s judicial branch, the City of Grants’ government has been formed. In the preamble, and first article of the charter – before even the establishment of the government – the charter declares that the primary focus of this charter is to protect, and to serve the citizens of the City of Grants; this is done by establishing that amendments to the charter must be passed through election, and that the charter is a restriction to the powers vested in the three branches of government, so they do not grow too powerful without the consent of the voters in the city.
With an established government, an electorate, and a purpose to protect the citizens of Grants, the city now needs to find a way to manage the work they must do to keep the city running. This is the focus of Article Five of the city charter.
Article V: DIVISIONS, DEPARTMENTS, OFFICES, ADVISORY BODIES
This article is made up of eight sections and a series of subsections; all are designed to limit the powers of the governing body, and to ensure that the day-to-day operations are in the hands of the city manager. This is an elaborate check on the powers of the both the council and the mayor: Because the manager is appointed by the mayor and confirmed by the council, the manager is expected to walk the middle ground and see that the interests of both branches of government are met.
This article relies heavily on ordinances passed by the city to detail specific operations that must be completed, these ordinances are not codified in this charter and the intention of this story is discuss just the charter, not all the outlying city ordinances which affect its operations. We will discuss these operations as they pertain to the charter, and the charter alone.
Section One: Departments; Creation; Supervision
Subsection A restricts the power of the mayor and manager by giving authority to the council alone to create new divisions and departments. When creating these new departments, the council is expected to explain the function and purpose of each and must develop an organizational chart to show how the new department will be structured in terms of leadership, and the employees or volunteers working within it.
Subsection B is a check on the powers of both the mayor and the council. This subsection is made up of several clauses. The first clauses (the first half of the first sentence) establishes that all departments and divisions will be directed by the manager. The second clause (the last half of the first sentence) declares that the department and division leaders will execute their work under the direction and supervision of the manager. The third clause (the full final sentence of the subsection) allows the manager to serve as the head of the different departments and divisions if necessary – however, there is a check on this power: The council must confirm, in a vote, that the this is allowed; they cannot just make the manager a department head – and if not necessary, the manager may appoint a person to lead a department, or multi ple departments. Officials leading multiple departments must be confirmed, by vote, from the council. Detailed in Section Two of this article, leaders of only one department or division do not need approval from the council.
Subsection C is a huge check on the powers of the councilors and mayor. This clause declares that individual councilors and the mayor may not give orders to or interfere with the day-to-day administration of the city by working with the department and division heads, or the employees who work under them. This subsection establishes the chain of command, declaring that the employees and department heads must work through the manager if they have issues to be addressed by the council or mayor; and that the councilors and mayor must work through the manager if they have issues with the department heads or employees under them. This subsection grants a lot of power over the daily affairs of the city to the manager, who is hired and expected by the council and mayor to be a fair leader.
Section Two: Division and Department Directors; Hiring
This section is made up of three subsections and deals with the process of hiring new department directors.
Subsection A declares that the manager alone can appoint directors to the various departments and divisions. This restricts the councilors and the mayor from appointing anybody to these leadership roles.
Subsection B declares that directors for the various departments and divisions are “unclassified,” this is a term which leans heavily on the city’s Personnel Ordinance #1000. The Citizen did not have this ordinance by time of publication, but by virtue of New Mexico’s Sunshine Laws, the salaries and work of these public officials is public information. This subsection declares that the department leaders serve at the pleasure of the manager. This is to ensure that they do not fall victim to political squabbles in trying to appease the mayor, or various councilors.
Subsection C restricts the mayor and councilors from trying to control the hiring process for department and division heads. In the same sentence, this subsection restricts the mayor and councilors from demanding that a specific person be hired to a department or division head position. This subsection does allow the mayor and individual councilors the right to speak with the manager about potential hires.
Notice that it is not specified in this section that a department head needs confirmation by the council. Section One declares that department and division heads only need confirmation by the council if they are going to lead more than one department or division.
Section Three: Division and Department Directors; Discipline; Termination
Section Three is built of three subsections, all of which deal with the firing and discipline of department heads.
Subsection A deals with the suspension of department directors. Only the manager may suspend a department or division head – with or without pay, at the manager’s discretion – for no longer than 14 days. The charter does not specify if this means workdays, or calendar days. The manager may discipline department and division heads as according to the personnel policies. The charter codifies the specific policies which can be employed to discipline department heads in footnote 25 of the charter. This subsection gives power to the disciplined department or division head to appeal their suspension to the governing body as according to the same personnel poli cies. Suspensions of directors cannot be used to change the designation of “unclassified” from these employees.
Subsection B establishes that, because the directors of departments and divisions serve at the pleasure of the manager, only the manager can fire a department or division head. This does not give the manager authority to suspend or fire individual employees; that would be covered under other provisions but is not covered in this section.
Subsection C Much like the in Section Two, the mayor and city councilors cannot demand or try to control the discipline of any department or division head. Similarly, the councilors and mayor are restricted from recommending that the manager fire or discipline any director. The mayor and councilors may, however, express how they feel about the termination or discipline of any director.
Section Four: Personnel System
This section is made up of three subsections, all of which demand that the city establish, in written ordinance, the policies and procedures which their employees – who are not explicitly discussed in this charter – must follow. That means all employees who are not department heads, members of the city government, or in other administrative roles yet to be discussed in this charter, like the position of clerk.
Subsection A demands that the city establish a personnel code to help manage the employees that are not department or division heads and are not explicitly discussed in this charter. The ordinance must at least contain all procedures, rules, and personnel policies that the city uses. This ordinance must declare a merit-based system for promotions and higher appointments for regular employees. Subsection B reinforces the de
Subsection B reinforces the demands of Subsection A of this section. This subsection demands five things from the city.
1) The personnel policy must detail a specific process as to how the manager may suspend or discipline department heads and must – meaning it is required – include a provision for department heads to appeal their suspension or discipline.
2) The personnel policy must include a merit-based system for the purpose of promotions within the ranks of the city. It also, “must include but is not limited to classification and pay plans, examinations, force reduction, discipline, termination, working conditions, provisional and exempt appointments, in-service training, grievances, appeals, and relationships with employee organizations,” according to the charter. 3) The personnel policy must
3) The personnel policy must comply with all state and federal requirements for employees. 4) The personnel policy must
4) The personnel policy must give power to the department and division leaders to direct, supervise, hire, and fire employees within their respective department or division. 5) The personnel policy must
5) The personnel policy must include all the departments and divisions within the city, including their purposes.
Subsection C restricts the power of the mayor and councilors by removing their ability to demand the promotion, hiring, firing, or disciplining of any employee. The subsections specifies that this is left up to the manager and department heads as expressed in the appropriate personnel policies. The council and mayor may only become involved if the issue is appealed to them as according to the personnel policies.
Section Five: City Attorney
The city charter demands that the city has an attorney. This demand is comprised of five subsections. Subsection A opens by demand
Subsection A opens by demanding that the city retain an attorney. This attorney is the chief legal advisor to the governing body, – as specified in Article Two, Section One, the governing body is comprised of four councilors and the mayor – city manager, and all divisions and departments, offices, and agencies of the city. This subsection declares that the attorney will represent the city in all legal challenges, and will do whatever else is expected of them on behalf of the city as specified in state and federal law, or by this charter, or by other city ordinance.
Subsection B allows the city to contract with outside legal assistance when necessary, and to aid the city attorney with their work. The second clause of this subsection establishes that, if the city attorney is also an employee of the city and not an outside contractor, that employee will be treated like a department head, and their designation as an employee will be changed to reflect that.
Subsection C declares that the city attorney must be an attorney in good standing and licensed to practice in the State of New Mexico.
Subsection D demands that the attorney work with and be responsible to the manager alone for day-to-day legal affairs.
Subsection E declares that the attorney is responsible for the proper implementation of this charter, and that they must be on the lookout for any issues or violations. With this subsection, the charter adds another watchful eye, further affirming that this charter is meant as a restriction of the powers designated to the city government and is meant to protect the interests of the people of the City of Grants.
Article Six: City Clerk
Section six outlines the responsibilities and role of the clerk. This section is made up of four subsections. Subsection A demands that the
Subsection A demands that the city will have a clerk, that clerk shall serve the governing body and manager; and shall be responsible to the manager.
Subsection B deals with housekeeping rules, primarily keeping the City of Grants in compliance with the state’s Sunshine Laws, which are so named to ensure that the public is informed of the business their elected and public officials are doing on their behalf. This includes but is not limited to posting notices of meetings and completing other duties as specified by city ordinance or state law.
Subsection C demands that the clerk be treated as a department head.
Subsection D declares that the clerk is responsible to the manager for the day-to-day affairs of the city. This primarily includes recordkeeping and assisting with public requests for information.
Section Seven: Advisory Bodies
To protect the posterity of the city and ensure that the people have a say in the governance of their city, the charter allows the city to establish advisory bodies. Comprised of five subsections, this article gives power to the citizens of Grants.
Subsection A restricts the power of the governing body. They may create advisory bodies using one of two methods: Either a resolution, or an ordinance; the city must explain the powers, scope, responsibilities, and purposes of the committees they form.
Subsection B further restricts the governing body’s power. An ordinance must be used to form an advisory body which will be working for more than a year. A resolution may only be used to form advisory bodies that will work for less than one year. The governing body can only establish these advisory bodies if they deem it necessary or helpful to the self-governance of the city. Subsection C grants power to the
Subsection C grants power to the mayor as the only person who may appoint members to advisory committees. Following the same procedure laid out in Article Three, the mayor may appoint these members, and they must be confirmed by the council. If the advisory committee is newly established by the council, the mayor has 45 days to find appointments for that committee; if the committee is already established, and a vacancy occurs on that committee for any reason, the mayor has 30 days from the beginning of that vacancy to find an appointment. These time restrictions ensure the maximum governance for the citizens of the city.
Subsection D establishes restrictions on the whole government when filling vacancies in the committees.
1) Elected and public officials like administrative leaders in the city cannot be appointed to these boards as voting members. 2) The city must establish an
2) The city must establish an Employee Committee, this committee will be made up of regular employees and they will advise on personnel issues as related to the personnel ordinances and Administrative Handbook.
Subsection E declares that, unless otherwise stated by ordinance, all members of these advisory committees serve at the pleasure of the council, because they are the body with the sole authority to confirm their appointment. Section Eight: Planning and
Section Eight: Planning and Zoning Commission
Before even entering the words that make up the planning and zoning commission, the charter caveats this section with a footnote to look at the Planning and Zoning Ordinance #315. This section is made up of five subsections which detail the specific makeup of the commission.
Subsection A declares that the planning and zoning commission will be made up of five members. Of the five members, they will determine one of them who will serve as the chairperson.
Subsection B declares that four members of the five-member commission must be chosen from the various city council districts – one person per district. The fifth member will be appointed at-large from the overall city but must reside within the city’s borders; this ensures that the commission is made up entirely of city residents.
Subsection C reinforces the previously established thirty-day window for the mayor to appoint members to fill a vacancy. In the event of a vacancy on this commission, the mayor will appoint a member following the restrictions imposed in this section within thirty days to be confirmed by the council.
Subsection D declares that, in the event of redistricting of the council, no member of this commission will lose their position due to no longer residing in the appropriate district until their term runs out. The charter does not specify the length of a commission member’s term. This is the same case previously established for councilors. This ensures that the proper duration of the commissioner’s term is completed and that the citizens they represented previously have the full representation allowed to them.
Subsection E allows the governing body to remove commissioners from this planning zoning commission at any time. Vacancies will be filled as codified in Subsection C of this section. With a fully established govern
With a fully established government and a scope of work, the next article deals with the fiscal proceedings of the city.