Chapter 2.05 GOVERNING BODY

C. The governing body may recess and reconvene a meeting to a subsequent date; provided, that prior to recessing, the presiding officer specifies the date, time and place for continuation and immediately posts notice of the date, time and place for the reconvened meeting on or near the door of the Village Hall and all open meetings resolution posting places. Only matters appearing on the agenda of the original meeting will be discussed at the reconvened meeting.

D. Notice of all meeting shall be in accordance with the open meetings resolution as adopted in accordance with the Open Meetings Act.

E. Work sessions may be held for the purpose of examining issues, but no official action may be taken. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.020 Attendance.

Members of the governing body are expected to attend all scheduled meetings. You are required to attend council meetings to ensure that electors are adequately represented. Meetings are usually held monthly and if you are absent from three consecutive meetings, over at least a three-month period, without council’s permission, your office may be declared vacant. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.030 Duties of the presiding officer.

The mayor shall possess the powers and perform the following duties:

A. Preserve order and decorum and have general direction of the meetings.

B. Announce the business before the body in the order in which it is to be acted upon.

C. Recognize the speakers entitled to the floor and guide and direct the proceedings of the body.

D. Decide all points of order, subject to appeal, unless he/she prefers to submit the question to the decision of the governing body.

E. Put to vote all questions that are regularly moved or otherwise arise in the course of the proceedings. [Amended during 2014 codification; Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.040 Adopted rules.

A. Any matter not covered by these rules shall be governed by decision of the presiding officer, applying Robert’s Rules of Order, Newly Revised Edition.

B. Amendment of Rules. These rules or any part thereof may be amended, repealed, altered or rescinded by a vote of a majority of the governing body, after notice of intended proposal. Such notice shall be presented by resolution at a regular meeting of the governing body.

C. Suspension of Rules. Except for statutory or ordinance provisions, these rules or any part thereof, may be temporarily suspended by a majority vote of councilors present. When the suspension of a rule is requested and no objection is offered, the presiding officer shall announce the rule suspended, and the governing body may proceed accordingly.

D. Violation of Rules. Violation of these rules does not invalidate action of the governing body. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

Article II. Procedures

2.05.050 Preparation and distribution of agendas.

A. The village clerk-administrator shall prepare the agenda for all governing body meetings.

1. Matters may be placed on the agenda which are routine or ministerial in nature.

2. The village clerk-administrator shall assure that scheduled public hearings have been duly advertised.

B. All material to be presented to the governing body shall be submitted to the village clerk-administrator no later than six days prior to the meeting date.

C. The agenda, along with introductions and related material, shall be available to each member of the governing body at least three days in advance of the meeting. [Amended during 2014 recodification; Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.060 Minutes.

A. Minutes shall include at a minimum the date, time and place of the meeting, the names of members in attendance and those absent, the substance of the proposals considered and a record of any decisions and votes taken that shows how each member voted.

B. Approval of the minutes shall be placed on the agenda. Unless a reading of the minutes is requested by a member, the minutes of previous meetings may be corrected and approved without reading.

C. Previously approved minutes may be corrected whenever an error is noticed, although the time to reconsider the vote has elapsed in accordance with VCMC 2.05.140. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.070 Order of business.

The order of business of the governing body shall be conducted in the following order; provided, however, that the presiding officer may, during a meeting, rearrange items on the agenda to conduct the business before the governing body more efficiently:

A. Call to order and Pledge of Allegiance.

B. Approval of agenda.

C. Minutes.

D. Reports by department heads.

E. Action items.

F. Adjournment. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.080 Ordinances and resolutions.

A. Ordinances. An ordinance ranks highest in authority of all actions of the governing body. If duly enacted, an ordinance has the force of law within the municipality and may be enforced in municipal court.

1. Ordinances shall be adopted in accordance with Section 3-17-1 et seq. NMSA 1978.

2. Ordinances are open to amendment provided such amendment does not constitute a substantive change. Amendments shall be in accordance with VCMC 2.05.160.

B. Resolutions. A resolution is an internal legislative act which is a formal statement of policy concerning matters of special or temporary character.

1. Resolutions are open to amendment provided such amendment does not constitute a substantive change. Amendments shall be in accordance with VCMC 2.05.160.

2. Substantive amendments offered to resolutions may require the resolution to be postponed to a subsequent meeting.

C. Withdrawal of Ordinances and Resolutions. An ordinance or resolution which has been introduced is in the possession of the governing body and may be withdrawn only with the consent of the governing body.

D. Substitutes for Ordinances and Resolutions. A councilor may recommend that every clause in an ordinance or resolution be changed and that entirely new matter be substituted, so long as the new matter is relevant to the title and subject of the original measure. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.090 Approvals.

Approvals are the class of action in which the governing body shall make the final determination upon the recommendation of the mayor or village administrator.

A. Mayor’s communications recommending appointments to boards and commissions;

B. Approval of contracts, administrative or departmental requests. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.100 Appeals.

Appeals to the governing body are the class of action mandated by statutory or ordinance provisions. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.110 Proposals for action.

Proposals for action shall be presented to the governing body for its determination as a definite proposition in the form it is desired that the action be taken or question resolved.

Proposals for action shall be in the format adopted by the administration. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.120 Motions – Presentation.

A. Main Motion. A main motion presents an ordinance, resolution or other proposition for passage, adoption, approval or rejection. The question is usually stated in the positive form: “to pass,” “to adopt,” “to approve,” “to confirm,” “to concur.”

B. A main motion must be seconded before debate can take place and only one main motion may be on the floor at a time. A councilor may give brief explanatory comments before stating the motion, but must refrain from debate until the motion has been seconded. In the absence of a second, the motion fails. Main motions are debatable, amendable, and can be reconsidered after adoption.

C. Motions become the official recorded statement of an action taken by the governing body. A motion should therefore be worded in a concise, unambiguous and complete form appropriate to such a purpose.

D. A motion should not be offered if its only effect is to propose that the body refrain from doing something since the same result can be accomplished by no motion at all. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.130 Postponement of action.

A. Postponement (to a Definite Time). The motion to postpone defers action on a pending question to some definite day or meeting. When a question has been postponed to a certain time, it becomes an order of the day for that time. When the time to which a question has been postponed arrives and the question is taken up, it can be postponed again if the additional delay will not interfere with the proper handling of the postponed question. The motion to postpone is debatable, amendable and may be reconsidered.

B. To Table (Postpone Temporarily). Any measure before the governing body may be tabled temporarily at the same meeting. Items must be removed from the table and acted upon prior to adjournment. The motion to table is not debatable, not amendable and cannot be reconsidered.

C. To Remove from the Table (Resume Consideration). The purpose is to bring before the governing body for action a question that has previously been laid on the table. The motion to remove from the table is not debatable, not amendable and cannot be reconsidered. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.140 Reconsideration of action.

The purpose is to permit the governing body to reconsider a vote on previous action. The reconsideration of a negative vote on final action is as proper as reconsideration of a favorable vote.

A. Right of Reconsideration. The motion to reconsider may be made at the same meeting or a subsequent meeting. However, certain rules apply as appropriate under the circumstances.

1. The motion must be made by a member who voted on the prevailing side.

2. The motion to reconsider is inappropriate after the action taken has gone into effect or after it is too late, for any reason, to reverse the action taken.

3. The determination of reconsideration is dependent on the passage or failure of the motion for reconsideration.

4. Should the motion for reconsideration pass, the item is immediately before the governing body to be acted upon or scheduled for hearing at a subsequent meeting.

5. Should the motion for reconsideration fail, the item remains as adopted.

6. Either the motion to reconsider or notice of intent to reconsider must be made not later than the next regular meeting. A member of the governing body may indicate notice of intent to propose reconsideration either orally or in writing.

B. Effect of Reconsideration. The effect of making the motion to reconsider, or of giving notice of the motion, is to suspend all action on the subject of the motion until the reconsideration is acted upon.

C. Reconsideration at a Subsequent Meeting.

1. When notice is required for a question, the governing body shall comply with all rules requiring public notice.

2. If reconsideration will be taken up at a subsequent meeting, notice of intent will be placed on the agenda. The determination of reconsideration is dependent on the passage or failure of the motion for reconsideration.

D. Debate of Motion. Debate on the motion to reconsider will be limited to the merits of the reconsideration and not the merits of the question to be reconsidered.

E. Vote. The passage of the motion to reconsider requires a majority vote, even if the measure to be reconsidered requires a two-thirds vote. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.150 Appeal of a decision of the presiding officer.

An appeal must be made promptly before any debate or other business has intervened. When an appeal is taken, the presiding officer should clearly state the decision being appealed and may state his/her reasons for his/her decision. If there is no debate, or when debate is concluded, the presiding officer may put the question to the governing body. A majority vote of those present sustains a decision of the presiding officer. [Amended during 2014 codification; Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.160 Amendments.

A. Every amendment proposed must be relevant to the subject of the proposition.

B. A proposed amendment takes precedence over the original motion out of which it arises and must be voted upon before the original motion.

C. After an amendment is adopted, the question as amended must be put to a vote.

D. Rejection of an amendment leaves the pending question worded as it was before the amendment was offered.

E. Form of Amendments.

1. Amendments should be offered in a concise, unambiguous and complete form of a motion.

2. In form, amendments should be divided into the following types:

a. To add (that is, to place at the end).

b. To insert.

c. To strike out.

d. To strike out and insert.

F. Decision on Amendments.

1. An amendment, once adopted, may not thereafter at the same meeting be changed or modified, except upon reconsideration of the vote by which it was adopted.

2. When a proposed amendment has been defeated, the same amendment may not be proposed again without first reconsidering the vote by which the amendment lost.

G. The presiding officer may require amendments to be submitted in writing.

H. Withdrawing Amendments and Accepting Modification.

1. Amendments may be withdrawn before being seconded and stated by the presiding officer. After it is seconded and stated it is in the possession of the governing body and be withdrawn only with consent of the governing body.

2. A member may modify an amendment before it is seconded and stated by the presiding officer. After it is seconded and stated, it is in the possession of the governing body and can be modified only with the consent of the body. The presiding officer may put the question of modification without waiting for a motion, if there is no objection. [Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

Article III. Rules of Order

2.05.170 Rules of debate.

Debate is the essential feature of a legislative body. It is the means by which the opinions of members are exchanged, questions deliberated and conclusions reached on the business before the body.

To permit debate:

A. Time Limits. The presiding officer may set time limits in debate.

B. Call the Question (Previous Question). Debate may be closed immediately by calling the question. The motion for the call for the question may motivate unanimous consent to ending debate. Before such a motion has been seconded, the chair may ask if there is any objection to closing debate. If there is no objection, the presiding officer shall immediately call the question. If one member objects, the presiding officer shall ask if there is a second to the motion. If there is a second to the call, he/she must immediately take a vote on whether to order the call for the question. The call for the question requires a two-thirds vote before the vote on the question to which applied. The call for the question is neither amendable nor debatable and can be reconsidered. [Amended during 2014 codification; Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.180 Rules of voting.

A. Each councilor in attendance must vote for or against all measures before the governing body, unless there is a conflict of interest for which abstention is recognized. Such conflict of interest disclosure shall be recorded in the minutes.

B. A member shall not explain his/her vote during voting, which would be the same as debate at such a time.

C. Except for procedural matters, voting shall be by roll call and each councilor’s vote shall be recorded in the minutes. Roll call votes shall be at random. Actions declared as procedural by the presiding officer may be decided by a show of hands or voice vote. [Amended during 2014 codification; Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.190 Decorum.

A. Members must address all remarks through the presiding officer.

B. Members of the governing body shall confine their remarks to the question under discussion or debate, avoiding personal references or attacks on fellow members, staff members or members of the public. No member of the governing body shall engage in private discourse or commit any other act tending to distract the attention of the governing body from the business before it.

C. A member who resorts to persistent irrelevance or persistent repetition may be directed to discontinue his/her speech by the presiding officer.

D. Point of Order. A councilor may call attention to the violation of the rules or a mistake in procedure by rising to a point of order. The presiding officer may permit a full explanation before ruling on the claim and may submit the question to the governing body for decision by a majority vote. The presiding officer is not required to decide any point of order not directly presented in the proceedings of the body. Such an assertion does not require a second, is neither debatable nor amendable and cannot be reconsidered.

E. Question of Privilege. Questions of privilege do not relate to pending business, but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else. The presiding officer makes a ruling as to whether it is admitted as a question of privilege and whether it requires consideration before the pending business is resumed. [Amended during 2014 codification; Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].

2.05.200 Public hearing procedures.

A. Reasonable efforts shall be made to give notice of public hearings to all interested people. Notice of public hearings shall state the subject, the time and place of the public hearing, the manner in which interested people may express their views and where interested people may obtain copies of the material that is the subject of the hearing.

B. At the beginning of the public hearing, the presiding officer shall require that all interested persons, who have an immediate, pecuniary or direct interest that will be substantially and specifically affected by the proceeding, and witnesses sponsored by such interested persons, wishing to address the governing body register with the village clerk-administrator, giving their names and addresses, and whether they wish to speak as a proponent, opponent or otherwise. Any person who fails to register shall not be permitted to speak until all those who signed in have spoken.

C. All interested persons offering testimony as parties to the proceeding and their witnesses will be sworn by the village clerk-administrator and are subject to cross examination by other parties, village staff or the governing body.

D. The presiding officer may change the order of speakers so that testimony is heard in the most logical groupings, e.g., proponents, opponents, adjacent owners, vested interests, etc.

E. The presiding officer will introduce the item, open the public hearing and call upon the staff to submit its report into evidence and request the proponent to describe the matter under consideration.

F. Interested persons shall have the opportunity to submit data, views or arguments orally or in writing. All written material must be marked as exhibits, submitted to the clerk-administrator, and placed into evidence as part of the administrative record.

G. The presiding officer may establish reasonable speaker time limits.

H. After the governing body has heard all the evidence, the presiding officer closes the public hearing and entertains a motion. Following the motion and its second, discussion occurs among the body. [Amended during 2014 codification; Res. 2010-31; Res. 2010-04; Res. 2009-18; Res. 2008-15].