Chapter 2.15
BOARD OF TRUSTEES
Sections:
2.15.020 Board of trustees – Corporate authority – Legislative body.
2.15.040 Board of trustees – Quorum – Votes required for passage of measure.
2.15.050 Vacancy on board of trustees.
2.15.060 Board of trustees – Powers and duties – Election of mayor pro tem.
2.15.070 Board of trustees is board of finance.
2.15.080 Finance – Authorization.
2.15.090 Meetings – Order of business – Agenda – Rules of procedure.
2.15.100 Committees – Standing – Special.
2.15.110 Repealed.
2.15.120 Repealed.
2.15.010 Title.
This chapter may be cited as the “board of trustees ordinance.” [Prior code § 2-3-1]
2.15.020 Board of trustees – Corporate authority – Legislative body.
The corporate authority of the town of Mesilla is vested in the board of trustees which shall constitute the legislative branch of the municipality and shall not perform any executive functions except those functions assigned to it by law. [Prior code § 2-3-2]
2.15.030 Board of trustees – Composition – Trustee terms – Trustee qualifications – Trustee compensation.
A. The members of the board of trustees are the mayor and four trustees. Trustees shall be elected at large for staggered terms of four years with terms of two of the trustees expiring at the end of one two-year period and the terms of the remaining trustees expiring at the end of the following two-year period.
B. Trustees shall be residents and qualified electors of the town of Mesilla. If any trustee moves from, or becomes a nonresident of the town of Mesilla during her/his term of office, he/she shall be deemed to have vacated her/his office upon the adoption of the board of trustees of a resolution declaring such vacancy to exist. In the event an employee in the service of the town has filed a declaration of candidacy for trustee of the town of Mesilla, he/she may expend annual leave for electioneering or campaign activities. If elected or appointed as a trustee, on the taking of the oath of office the employee must resign from service with the town.
C. Trustees shall receive a salary of $8,000 per year; however, the trustee’s salary shall be reduced by the percentage difference if the work week is less than 40 hours for regular employees. For example, a 32-hour work week equates to a 20 percent reduction in salary. [Ord. 2010-02 § 2; Ord. 2003-08 § 2; prior code § 2-3-3]
2.15.040 Board of trustees – Quorum – Votes required for passage of measure.
A. A majority of the members of the board of trustees is a quorum for the purpose of transacting business.
B. Unless otherwise provided by law, a question before the board of trustees shall be decided by a majority vote of the members present. Other than the requirement of a simple majority, when there is a requirement that a certain fraction or percentage of the members of the entire board of trustees or all of the members of the board of trustees or other similar requirement vote for the measure, the mayor shall not be counted in determining the actual number of votes needed. [Prior code § 2-3-4]
2.15.050 Vacancy on board of trustees.
A. Except as provided in subsection (B) of this section, any vacancy on the board of trustees shall be filled by appointment of a qualified elector by the mayor of the municipality, with the advice and consent of the board of trustees. Any qualified elector appointed to fill a vacancy on the board of trustees shall serve until the next regular municipal election, or any special election called in accordance with subsection (B) of this section, at which time a qualified elector shall be elected to fill the remaining unexpired term, if any.
B. A special election, for the purpose of filling a vacancy on the board of trustees, may be called by the mayor, with the consent of the board of trustees or by the board of trustees. [Prior code § 2-3-5]
2.15.060 Board of trustees – Powers and duties – Election of mayor pro tem.
A. The board of trustees shall:
1. Elect one of its members to act as mayor pro tem in the absence of the mayor, at the second meeting in January to serve a one-year term;
2. Possess all powers granted by law, and other municipal powers not conferred by law or ordinance on another officer of the municipality;
3. Manage and control the finances and all property, real and personal, belonging to the municipality;
4. Keep minutes of its proceedings;
5. Adopt rules and regulations necessary to effect the powers granted municipalities;
6. Prescribe the compensation and fees to be paid municipal officers and employees;
7. Prescribe the powers and duties of those officers whose terms of office or powers and duties are not defined by law, and impose additional powers and duties upon those officers whose powers and duties are prescribed by law; and
8. Enter into contracts and leases.
B. The board of trustees may remit the fine of any person convicted of a violation of a municipal ordinance.
C. The board of trustees may compel the attendance of absent members in such manner and under such penalties it deems desirable. [Ord. 2019-03 § 2; prior code § 2-3-6]
2.15.070 Board of trustees is board of finance.
The board of trustees is the board of finance of the municipality and the members of the board of trustees shall serve without compensation additional to any compensation which may be authorized by law for their services as members of the board of trustees. [Prior code § 2-3-7]
2.15.080 Finance – Authorization.
The board of trustees shall:
A. Control the finances and the property of the municipality;
B. Appropriate money for municipal purposes only; and
C. Provide for payment of debts and expenses of the municipality. [Prior code § 2-3-8]
2.15.090 Meetings – Order of business – Agenda – Rules of procedure.
A. Meetings. Annually, the board of trustees shall adopt a resolution establishing meeting times in compliance with the New Mexico Open Meetings Act.
B. Order of Business. The order of business of the board of trustees shall be taken up for consideration and disposition in the manner recommended by the mayor or as otherwise recommended by the board of trustees.
C. Agenda. All reports, communications, ordinances, resolutions, contracts, documents or other matters to be submitted to the board of trustees shall be delivered to the town clerk-treasurer in the format prescribed by the mayor. The town clerk-treasurer shall prepare and publish an agenda pursuant to the town’s adopted Open Meetings Act resolution.
D. Rules of Procedure. The board of trustees shall adopt by resolution rules of procedure for the conduct of meetings as defined by the Open Meetings Act. [Ord. 2004-04 § 2; Ord. 98-07 § 1; prior code § 2-3-9]
2.15.100 Committees – Standing – Special.
A. The only standing committee of the board of trustees shall be the committee of the whole; the mayor shall be the presiding officer thereof and applicable rules of procedure of the board of trustees shall be observed.
B. Special committees shall be appointed by the mayor with the advice and consent of the board of trustees.
C. Reports of special committees shall be made in writing and shall be submitted together with the petition, resolution, account or other paper under consideration. [Ord. 2004-04 § 3; prior code § 2-3-10]
2.15.110 Monthly summary of minutes – Contents.
Repealed by Ord. 2004-04. [Prior code § 2-3-11]
2.15.120 Filing summary of minutes.
Repealed by Ord. 2004-04. [Ord. 98-07 § 1; prior code § 2-3-12]