CITY OF GRANTS, N.M. - The City of Grants Charter is a document that restricts the abilities of the local government, while establishing that government. The charter is not a document that gives any power to the city, but instead limits what it can do. The 32-page charter can be confusing, so this week we will explore the actual government and the powers restricted to them.
Previously we have explored what a charter is, the preamble, and articles one and two of the city charter.
Article III to the Grants City Charter is composed of seven sections which may be pertinent to the city as it undergoes a management change.
Article III: The Mayor and the City Manager
The following were intended to be a restriction of the powers held by the mayor and the manager; this should not be seen as an opportunity to grow the power vested in these offices, according to Article 1, Section 2(B) of the same charter.
Section One: The Mayor
Section one has four clauses and a series of subclauses.
The first clause is designed to ensure that votes in the city council are never deadlocked. This gives the mayor the ability to break any tie vote by the council. As a restriction of the mayor’s power, the mayor is only entitled to a vote in the council when there is a tie – not when there is a missing member or an argument among councilors.
The second clause includes five subclauses; together they enumerate (specify) the powers of the mayor. These powers are: Presiding over meetings of the city council; Being the Chief Executive Officer of the City of Grants and being able to use all powers allowed to that office unless otherwise stated in a contract with the City Manager; Be a representative of the whole people of the city during meetings involving other governments; At the close of the fiscal year the mayor must present the city council with a State of the City report, which is to be complied with the assistance of the City Manager; And to perform all responsibilities vested in the mayor by city ordinance, city council, and/or this charter.
The third clause is more straightforward, declaring that the mayor is to be recognized as the leader of the city for ceremonial purposes; when responding to crisis like COVID-19; and, specifically by the governor in the event of military law.
The mayor is responsible for ensuring that the city follows the charter. As head of the city, any blunders in the charter fall in the purview of the mayor’s responsibilities.
Section Two: Mayoral Power of Appointment
The next six clauses serve to restrict both the mayor and council in their ability to fill vacancies when they arise, and need mayoral appointment, like a vacancy in the office of a city councilor.
Clause A primarily serves to set the tone for the rest of the article, making clear that any appointments must follow this specific path. This first clause establishes something especially important: The power of confirmation. This power is vested in the governing body – city council – and affirms that they must confirm all the mayor’s appointments. This expands upon Article 2 Section 6 (C), which declares the same for vacancies that appear in the council.
Clause B establishes that the mayor must find a person to fill a vacancy and inform the council of the individual’s name within 30 days of the vacancy.
Clause C asserts that the mayor’s choice to fill the vacancy must have a confirmation vote at the next regular council meeting. It does allow for that position to receive a confirmation vote before the next regular meeting, in a special meeting that is open to the public.
Clause D further restricts the mayor’s power and grants some leeway to the council. This clause declares that the mayor must inform the council of the name for filling the vacancy within seven days before the meeting where the candidate will be voted upon. This ensures the city’s stability by allowing the councilors to have time to learn about and speak with the person who is set to fill the vacancy.
If the council does not confirm the mayor’s candidate, Clause E allows the mayor to make another selection within 45 days of the failure to confirm. This must follow the same format as the first appointment, so the council still gets a seven-day window to learn about the new candidate.
If the council continues to deny the mayor any candidates, Clause F allows the mayor to employ Clause E for as often as is necessary until the vacancy has been filled.
Specifically, this charter gives appointment power to the mayor alone. The council, nor any individual councilor, cannot make an appointment because that power is not vested with the governing body, as according to this charter.
Section Three: Mayor Pro Tem
Short for Pro tempore, this Latin phrase means “for the time being.” This two-clause section allows for the councilors to select a “vice mayor,” who does not have the same vested powers as the mayor but can serve in the mayor’s capacity if the mayor is not available due to an absence or disability. The charter shortens Pro tempore to “Pro tem,” but it has the same meaning as the full phrase.
Clause A allows the council to select the mayor Pro tem, however the choice of mayor Pro tem is restricted; the council may not appoint an outside person. This clause allows the council the ability to change the Pro tem at any time but certifies a Pro tem must be selected after a new government is formed after a regular election. This clause asserts that the mayor may break a tie on the selection of a Pro tem if necessary.
Clause B asserts that, during the absences or disability of the mayor, a councilor may act as Pro tem but cannot cast a vote to break a tie. The Pro tem is allowed one vote as an elected official.
Section Four: City Manager; Appointment; Qualifications; Compensation
This four-clause section establishes the route the governing body must take when appointing and hiring a manager.
Clause A specifies that the manager must be approved by a majority vote of the council.
Clause B states that the manager shall have a contract with the governing body that explains the manager’s duties and scope of work, along with establishing the salary and benefits, this contract must list the manager’s executive and administrative powers. This will be covered further in section seven of this article.
Clause C declares that the manager will be hired based only on their professional qualifications and does not have to be a resident of the City of Grants, or the State of New Mexico at the time of their appointment; and the individual is not required to live in the city to complete their work, so long as they have express permission from the council affirming that this is acceptable.
Clause D establishes that the governing body can fire the manager at any time, because the manager serves at the pleasure of the council.
There was confusion in 2020 about who could fire the manager. This article makes it clear that only the council can exert that power, because only the council can hire the manager.
Section Five: City Manager; Suspension; Removal
Section five is built with two subsections, A and B, and three clauses. Two clauses in A, one in B.
Subsection A is two sentences long, each is a clause carrying its own power. The first clause declares that the manager may be suspended or removed by a majority vote of all the members of the governing body; Article II Section 1(A) and Section 1(C) declares the mayor a member of the governing body. The charter specifically states, “a majority vote of all of the members of the governing body.” The mayor, however, is restricted to voting power only when there is a tie in the council; this clause creates conflict in the voting. There was debate in 2020 about this clause because the government struggled to determine whether this meant a vote was necessary to suspend a manager, or if the mayor could suspend the manager by the power vested in the mayor’s office. This clause is confusing and muddies the powers previously established in the charter. Because this charter is a restriction of powers, the debate about voting is limited to issues concerning the removal of the city manager.
The second clause of subsection A restricts removal power to both the mayor and council in respect to the manager. This allows the mayor the ability to call for the removal of the manager and – theoretically – trigger a vote. This is theoretical because the charter does not go into detail about how this power can be used, creating chaos in 2020 when it was employed by current City of Grants Mayor Martin “Modey” Hicks. The clause also allows for the council to trigger a vote if one member makes a motion for the removal of the manager, and another member of the council seconds the motion, theoretically triggering a removal vote. Theoretical, again, because this charter section does not specify what exactly is meant to occur next.
Subsection B is only one clause, and it is a lot more straightforward than subsection A. It declares that the manager serves at the pleasure of the governing body, and that the manager may be removed at any time.
Section Six: Acting City Manager
This section is composed of a single paragraph, with two clauses.
The first makes clear that in the event of a vacancy in the manager’s office, the mayor has five workdays to name a temporary city manager. The clause makes clear that not just anyone can be chosen as an acting manager. The person must be a city employee – not a member of the council, not a citizen. This clause establishes that no person can serve as an acting city manager for longer than 30 days without a vote by the council confirming that the individual as acting manager.
The second clause declares that, if a manager is unavailable – for means of disability, suspension, or other reason – for more than 30 days, the mayor can appoint an acting manager, with the confirmation and support of the council.
Section Seven: Powers and Duties of the City Manager
This section is quite long. It declares that the manager is the Chief Administrative Officer and shall oversee the city’s day-to-day operations as appropriate. This is not an invitation for micromanagement, but it does leave open the manager’s ability to supervise the city’s operations as they see fit.
The city manager is obligated to:
Clause A: Supervise and direct the day-to-day operations of each department and office unless otherwise stated by the city charter or other applicable law.
Clause B: Attend all meetings of the council; this clause specifically blocks the manager from having a vote. The manager may take part in the council’s discussions.
Clause C: This clause establishes that the manager is responsible for ensuring that the work of the city is faithfully executed. This includes all laws, – under applicable law – ordinances, and other applicable areas.
Clause D: The manager must prepare an annual budget, the Infrastructure Capital Improvement Plan (ICIP, as it is written and not defined in the charter), and the capital program to present to the council. These items are further explained in later articles of this charter.
Clause E: The city manager is responsible for ensuring that the governing body and the public have access to a complete report on the state of the city’s finances and administrative activities. This must coincide with the city’s annual audit.
Clause F: The manager must ensure that any other documents or important items that the governing body may need are available to the councilors and the public when applicable under state law.
Clause G: The manager must keep the governing body aware of the status of the city’s finances.
Clause H: The manager must provide recommendations to the council and mayor about the governing of the city.
Clause I: The manager must provide whatever necessary support that is al lowed by the council, to the city council.
Clause J: This clause establishes that the manager must be the Chief Procurement Officer. It allows the manager to divest these powers to one or more city employees. But the manager is made responsible for the purchase and procurement of the various items.
Clause K: To ensure the continuity of the city, the city manager must fulfill all the requirements identified for the manager by the charter, or the council.
Clause L: This final clause establishes that the manager must ensure that there are no discrepancies or failures in adhering to the regulations identified by the charter. This is much the same power that was restricted to the mayor. The idea is that the two would work together to ensure that the charter is followed.
These seven sections make up Article III; imposing restrictions on both the mayor and city manager to ensure that their scope of work is specific enough that they will not take advantages of the liberties presented in this article.