Chapter 33 BOARDS, COMMISSIONS AND COMMITTEES

(A) All standing, ongoing boards, committees, commissions and authorities, which are advisory in nature to the Governing Body, whether authorized by specific state statute or by implied powers granted to municipalities by general statute, shall be established by ordinance. The ordinance shall specify the purpose, membership, terms of service, duties and responsibilities, and organization of the board, committee, commission or authority.

(B) Ad hoc boards, committees, commissions and authorities, which are advisory in nature to the Governing Body, shall be established by resolution for a term not to exceed one year. The creating resolution shall state, at the minimum, the purpose of the committee, composition, term and process for removal of the members.

(’87 Code, § 4-1-1) (Ord. 82-31; Am. Ord. 88-028; Am. Ord. 90-008; Am. Ord. 02-014; Am. Ord. 22-19; Am. Ord. 23-02)

33.02 APPOINTMENT; QUALIFICATIONS AND TERM.

(A) All municipally appointed members of boards, commissions or authorities, including City Councilors, serving as city representatives to outside regional, state or national boards, commissions, committees and authorities, except ex officio members, shall be municipal residents, appointed by the Mayor with approval of the majority of all of the members of the Governing Body, pursuant to Articles 3.02 and 5.07 of the City Charter.

(B) Qualifications and terms of office of members of city boards, commissions or authorities shall be established by the enabling ordinance.

(C) Vacancies may be caused by resignation, death, expiration of term, or removal by the appointing authority, and shall be filled by appointment of a replacement to complete the unexpired term, if any. Pursuant to Article 5.07(F) of the City Charter, no vacancy in the office of any member of a board, commission or authority shall be caused by redistricting of City Council election districts.

(D) City employees, serving as city representatives to outside regional, state or national boards, commissions, committees and authorities, except ex officio members, shall obtain approval from the City Manager; provided, that they shall not be held to the municipal residence requirements.

(’87 Code, § 4-1-2) (Ord. 82-31; Am. Ord. 88-028; Am. Ord. 90-008; Am. Ord. 02-014; Am. Ord. 22-19; Am. Ord. 23-02)

33.03 REMOVAL FROM OFFICE.

Any appointed member, except ex officio members, of any city board, commission, or authority may:

(A) Be removed at any time by the Mayor, with the approval of the majority of the members of the Governing Body.

(B) Be automatically removed for failure to attend 75% of the regular meetings in a consecutive 12-month period.

(’87 Code, § 4-1-3) (Ord. 82-31; Am. Ord. 88-028; Am. Ord. 90-008; Am. Ord. 02-014; Am. Ord. 15-18; Am. Ord. 22-19; Am. Ord. 23-02)

33.04 MEETINGS; NOTICE AND PROCEDURE.

(A) All meetings of boards, commissions, and authorities shall be held on a regular basis with at least the minimum frequency prescribed by the enabling ordinance. Meetings shall be held at the municipal building or other public facility as may be decided by the board, commission, or authority to be suitable to the business before the body. All meetings shall be open to the public unless otherwise permitted by the Open Meetings Act, and shall be announced in the same manner and with the same advance notice as required for meetings of the Governing Body as adopted by the annual Open Meetings Act resolution, or as required by state statute.

(B) Each board shall:

(1) Keep minutes of its proceedings which shall be open to examination by any citizen. The official minutes shall contain, at a minimum, the date, place and time of beginning and ending of the meetings, the names of those members present and absent, and the name of the presiding officer. Minutes of open meetings shall also contain any official actions and votes taken by the board or commission, including votes of the individual members. No official actions or votes may be taken in a closed meeting, except as may be provided by state statute. Minutes will be filed in the City Clerk’s office within five days following approval, or in no case later than 60 days following the date of the meeting;

(2) Preserve order and decorum at each meeting, and conduct all proceedings in accordance with the parliamentary rules contained in Robert’s Rules of Order, Newly Revised;

(3) Conduct the order of business in the same manner as required of the Governing Body;

(4) Conduct each meeting in accordance with the agenda announced for the meeting; and

(5) Elect from its members a chair and a vice-chair for one-year terms. Officers may be reelected for an indefinite number of years.

(’87 Code, § 4-1-4) (Ord. 82-31; Am. Ord. 88-028; Am. Ord. 90-008; Am. Ord. 04-021; Am. Ord. 22-19; Am. Ord. 23-02)

33.05 REPORTS TO GOVERNING BODY.

Each board, commission or authority shall report in person or in writing annually to the Governing Body through its Chairperson or representative as the Chairperson shall delegate, unless the Mayor or the Chairperson through the Mayor requests more frequent or special reports. Each year the City Clerk shall establish and coordinate a Governing Body reporting schedule which includes every active board, commission, or authority. Any recommendations from the board, commission or authority or any financial reports shall be in writing.

(’87 Code, § 4-1-5) (Ord. 82-31; Am. Ord. 88-028; Am. Ord. 90-008; Am. Ord. 15-09; Am. Ord. 22-19; Am. Ord. 23-02)

33.06 QUORUM.

A majority of each board, commission or authority shall constitute a quorum, unless there are two or more vacancies, in which case a quorum shall be a majority of the members of the board, commission or authority, excluding those seats which are vacant.

(Ord. 22-19; Am. Ord. 23-02)

33.07 CONFLICT OF INTEREST AND RECUSAL.

Each member of a board, commission or authority, as an appointed official subject to Chapter 39, the city’s Code of Conduct, is prohibited from participating in any discussion, debate, deliberation or vote, or otherwise take part in the decision-making process on any agenda item in which the member has a conflict of interest.

(A) Recusal process. Any member determined to have a conflict of interest shall disclose the conflict into the official record when the agenda item is to be heard and immediately leave the meeting room until the item is no longer being discussed or deliberated.

(B) Any member designated to hear an administrative adjudicatory matter is prohibited from engaging in ex parte communications, as defined in the Code of Conduct, and shall use the recusal process in such instances.

(Ord. 23-02)

33.08 COMPENSATION.

Members of a board, commission or authority shall serve without compensation, unless the ordinance or resolution creating the board, commission or authority specifies compensation for such service.

(Ord. 23-02)

BOARDS, COMMISSIONS, COMMITTEES

33.15 PLANNING AND ZONING BOARD.

(A) Pursuant to Article 5.08 of the City Charter, the purpose of this section is to establish a municipal organization of appointed officials in order to promote and carry out a continuing process of comprehensive planning and zoning within the jurisdiction of the city. There is hereby created the Planning and Zoning Board for the city pursuant to Sections 3-19-1 through 3-19-4 and 3-21-1 through 3-21-11 NMSA 1978.

(1) The Planning and Zoning Board shall consist of seven members, one member from each of the six City Council districts and one member appointed at-large, who shall be appointed by the Mayor with the consent of the City Council.

(2) The terms of appointment for the members of the Planning and Zoning Board shall be terms of three years, staggered for overlapping terms.

(a) Vacancies shall be filled in accordance with Section 33.02.

(b) A member of the Planning and Zoning Board may be removed pursuant to the provisions set out in Section 33.03 or Article 5.08(E) of the City Charter.

(B) Powers, duties and responsibilities. The Planning and Zoning Board shall have such powers and duties as may be delegated to it by the Governing Body and other such power, authority, jurisdiction and duty incidental and necessary to carry out its purposes, to include:

(1) The Planning and Zoning Board shall promote a comprehensive planning process with the general purpose of guiding and accomplishing a coordinated, adjusted, aesthetically appealing and harmonious development of the city;

(2) The Planning and Zoning Board shall make careful and comprehensive surveys and studies of existing conditions and probable future growth of the city and shall make recommendations on means of protecting and improving the environment;

(3) The Planning and Zoning Board shall prepare for adoption by the Governing Body a master plan for the physical development of the city and the area within the planning, platting, and zoning jurisdiction of the city;

(4) The Planning and Zoning Board shall prepare for adoption by the Governing Body regulations governing the subdivision of land within the planning, platting, and zoning jurisdiction of the city;

(5) The Planning and Zoning Board shall review and approve or disapprove any proposed subdivision platting, re-platting, or vacation of plats, conditional use permits, variance requests, sign exceptions, and appeals taken from decisions or actions of the City Development Department. The Board’s decisions on these matters shall be final, unless appealed. Other decisions of the Board are non-final recommendations to the Governing Body, as provided in Chapter 154;

(6) The Planning and Zoning Board shall prepare for adoption by the Governing Body zoning ordinances applicable to the territory within the boundaries of the city;

(7) The Planning and Zoning Board may recommend to the Governing Body of the city programs for public improvements and their financing;

(8) The Planning and Zoning Board is authorized to confer with other municipal, county, regional, state, or federal agencies as it deems necessary; and

(9) All appeals of final Board decisions or review of recommended decisions will be decided by the Governing Body only after a de novo hearing in which any aggrieved party may appear. An aggrieved party does not have to appear before the Board to participate in the Governing Body’s de novo hearing.

(1) The Planning and Zoning Board shall adopt and publish the rules, regulations and procedures for the conduct of business in compliance with Section 33.04.

(2) Section 33.06 shall be used to calculate a quorum of the Planning and Zoning Board.

(3) The Planning and Zoning Board shall hold regularly scheduled meetings at least once a month.

(4) A public record shall be kept of all actions and considerations undertaken by the Planning and Zoning Board in accordance with Section 33.04. The records shall be filed with the City Clerk and kept available for public inspection in the City Clerk’s office during normal office hours.

(’87 Code, §§ 4-2-1 – 4-2-4) (Ord. 81-1; Am. Ord. 88-028; Am. Ord. 95-016; Am. Ord. 96-015; Am. Ord. 18-28; Am. Ord. 23-02)

Cross-reference:

Flood Hazard Prevention, see Chapter 152

Planning and Zoning, see Chapter 154

Planning and Zoning Boards, see Charter § 5.08

Subdivisions, see Chapter 155

33.16 PARKS AND RECREATION COMMISSION.

(A) The Parks and Recreation Commission shall act in an advisory capacity to the Governing Body and shall advise and recommend to the Governing Body to insure the efficient, economical and comprehensive planning of parks and recreation.

(1) The Commission shall consist of seven members. One member of the Commission shall be appointed from each of the six districts and each member shall reside in their respective district during their term. One member shall be a resident of the city, appointed at-large. Members of the Parks and Recreation Commission shall be appointed by the Mayor with the approval of a majority of the City Council.

(2) The terms of appointment for commissioners shall be three years. The terms shall be staggered for overlapping terms.

(3) Vacancies shall be filled in accordance with Section 33.02.

(B) All meetings of the Parks and Recreation Commission shall be held on a regular basis, at least once a month. All meetings shall be conducted using the procedures and order of business required in Section 33.04.

(1) Section 33.06 shall be used to calculate a quorum of the Parks and Recreation Commission.

(2) Section 33.04 shall govern the recording of meeting proceedings and the public availability of all actions and considerations undertaken by the Parks and Recreation Commission. The records shall be filed with the City Clerk and kept available for public inspection in the City Clerk’s office during normal office hours.

(1) Assist in providing research for the annual budget development, when requested to do so;

(2) Advise in the development of parks and recreation programs;

(3) Recommend the needs and policies for the acquisition, development and improvement of parks and playgrounds through comprehensive long- and short-term planning and research;

(4) Analyze and recommend programs for all citizens;

(5) Perform duties, as assigned by the Governing Body; and

(6) Encourage development of intra-community council which will provide a format of information and cooperation between clubs, service organizations, schools and the Parks and Recreation Commission.

(’87 Code, §§ 4-3-1, 4-3-2, 4-3-4) (Ord. 83-91; Am. Ord. 88-028; Am. Ord. 15-09; Am. Ord. 18-28; Am. Ord. 23-02)

Cross-reference:

Department of Parks and Recreation, see § 32.20

Parks and Recreation Commission, see Charter § 5.10

33.17 LIBRARY BOARD.

(A) Board established. There is hereby created the Library Board. The Library Board shall act in an advisory capacity to the Governing Body and shall advise the Governing Body on policy matters related to the Library and Information Services Department.

(1) The Board shall consist of seven members. One member of the Board shall be appointed from each of the six City Council districts. One member shall be a resident of the City, appointed at-large.

(2) The Mayor shall make appointments to the Board based upon qualifications, knowledge, and experience, subject to confirmation by a majority of the Governing Body.

(3) The terms of appointment of members of the Library Board shall be staggered for overlapping terms of three years.

(a) Vacancies shall be filled in accordance with Section 33.02.

(B) Meetings.

(1) The Board shall hold at minimum regular quarterly meetings.

(2) All meetings, and the order thereof, of the Board shall be conducted pursuant to Section 33.04.

(C) Duties and responsibilities. The Library Board shall advise the Governing Body on policy matters related to the public library and shall:

(1) Through the designated city staff notify the Mayor of any vacancies on the Board;

(2) Research other revenue sources including, but not limited to, grants, endowments and other gifts;

(3) Assist in establishing long-range priorities for the public library;

(4) Report to the Governing Body, pursuant to Section 33.05;

(5) Contribute special knowledge of the community to library staff members so they can efficiently serve the community which supports the library;

(6) Keep abreast of public library standards and trends.

(’87 Code, §§ 4-4-1 – 4-4-9) (Ord. 82-24; Am. Ord. 88-028; Am. Ord. 23-02)

Cross-reference:

Public Library, see Chapter 95

33.18 SENIOR SERVICES ADVISORY BOARD.

(A) The purpose of this section is to establish a Senior Services Advisory Board. There is hereby created the Senior Services Advisory Board. The Board shall act in an advisory capacity to the Governing Body and shall advise the Governing Body on policy matters related to the city senior services programs and facilities.

(1) The Board shall consist of seven members and shall include one representative of the general public from each Council district and one representative of the general public to serve as an at-large member of the Board.

(2) The members shall be appointed by the Mayor with the approval of the majority of the City Council.

(3) The appointment for the members of the Board shall be staggered for overlapping terms of three years.

(a) Vacancies shall be filled in accordance with Section 33.02.

(b) Removal of a Board member shall be in accordance with Section 33.03.

(B) The Board shall have the following duties and responsibilities:

(1) Recommend policies and procedures for development of city senior service programs;

(2) Recommend services to promote and stimulate public interest;

(3) Through the designated city staff, notify the Mayor of any vacancies on the Board;

(4) Research other revenue sources including, but not limited to, grants, endowments and other gifts;

(5) Assist in developing short and long-range priorities for the provision of senior services;

(6) Report to the Governing Body, pursuant to Section 33.05;

(7) Promote coordination of senior services activities with those of public officials, civic groups and other organizations.

(C) The Board shall hold regular monthly meetings and other special meetings as may be called by the chairperson. The time and place of the meetings shall be fixed by the Board at its first meeting, at which time the Board shall also adopt rules and procedures for the conduct of business in compliance with Section 33.04. Section 33.06 shall be used to calculate a quorum of the Board.

(’87 Code, §§ 4-6-1 – 4-6-8) (Ord. 85-123; Am. Ord. 88-028; Am. Ord. 04-037; Am. Ord. 23-02)

33.19 CHARTER REVIEW COMMITTEE.

(A) The purpose of this section is to establish a Charter Review Committee in accordance with Article 1.07(A) of the City Charter. All Charter amendments initiated pursuant to Articles 1.07(A) and (B) of the Charter, regardless of timing, must follow the provisions of this section.

Notwithstanding the requirements of Articles 1.07(A) and (B) of the Charter, the Governing Body may activate the Charter Review Committee at any other time as described below.

(B) Before any Charter amendments are submitted to the voters, a Charter Review Committee shall be activated by resolution of the Governing Body to propose Charter amendments, and shall consist of the following members:

(1) The Mayor, as an ex-officio, nonvoting member, serving as Chair of the Committee.

(2) Two Councilors, as ex-officio, nonvoting members, who have notified the Mayor of their interest in serving on the Committee at a public meeting of the Governing Body. If more than two Councilors request to be appointed to the Committee, the City Clerk shall determine the two appointments by random lot.

(3) Seven resident members, one from each Council district and one member serving at-large, appointed by the Mayor with the approval of the majority of the City Council, pursuant to Article 3.02 of the City Charter. In the event of a council vacancy in any district during activation of the Committee, the Mayor shall appoint, subject to Governing Body confirmation, a resident representative from the vacant district. Resident representatives must reside within their district throughout the term of their appointment.

(4) Section 33.06 shall be used to calculate a quorum, provided that ex-officio members shall be included in the count for purposes of a meeting quorum.

(C) At the first meeting of the Charter Committee, the members shall select a Vice Chair from among the Committee members to serve in the absence of the Mayor. At any meeting where the Mayor and Vice Chair are absent, the remaining members shall appoint an acting chair as their first order of business who shall preside for only that meeting.

(D) The resolution activating the Charter Review Committee shall specify the specific sections of the Charter to be reviewed, or in the case of any required periodic reviews, shall specify that the Committee shall review the Charter as a whole, and the appointed members of the Committee.

(E) All meetings of the Committee shall be public and held in accordance with Section 33.04. The Committee shall meet as soon as practical after appointment. At the first regularly scheduled meeting of the Charter Review Committee, the Committee shall adopt a schedule of regular meetings that allows for adequate time to review appropriate Charter sections and formulate any proposed amendments. The maximum time the Committee shall be active is six months or a lesser length of time as established in the enabling resolution.

(F) Any resident member of the Committee who fails to attend more than two Committee meetings, for any reason, shall be automatically removed as a member and a successor shall be appointed within 10 days in accordance with the terms of subsection (B)(3) of this section. A member so removed under this section shall not be eligible for reappointment and such member’s original appointment shall serve as a valid appointment for the purposes of subsection (H) of this section.

(G) Any appointed Council member who fails to attend more than two committee meetings, for any reason, shall be automatically removed as a member and a successor shall be appointed by the Governing Body in accordance with the terms of subsection (B)(2) of this section. Should the Mayor fail to attend more than two Committee meetings, for any reason, the Vice Chair shall preside at all subsequent meetings and the Governing Body shall appoint a replacement from among its members.

(H) In the event any resident member of the Committee moves from the City or from the district from which the member was chosen to represent, a vacancy shall occur and a successor shall be appointed within 10 days in accordance with the terms of subsections (B)(1) through (3) of this section.

(I) No resident member may serve on more than one Charter Review Committee during that person’s lifetime.

(J) Approval of amendments.

(1) No later than 90 days after activation, the committee shall submit recommendations for Charter revisions to the Governing Body.

(2) The City Attorney shall review and render an opinion as to the legality and form of any proposed Charter amendment before it is submitted to the Governing Body for consideration.

(3) If the proposed Charter amendments are approved by a majority of the Governing Body, the Governing Body shall issue an election proclamation and an election shall be held in accordance with Section 3-15-10 NMSA 1978.

(4) The Governing Body may modify the language of any amendment submitted by the Charter Review Committee to align with the form proposed by the City Attorney, but shall not make any substantive changes to any proposed amendments. Substantive changes may only be made following approval by the Charter Review Committee.

(5) Should the Governing Body by majority vote suggest substantive changes to any proposed amendment(s), the Charter Review Committee shall hold an additional meeting to discuss the changes and obtain public input no later than 30 days following action of the Governing Body. At the meeting, the Charter Review Committee shall vote to approve or not approve the proposed changes to any amendment(s). Should the Charter Review Committee not approve the proposed changes, the amendment(s) shall not be submitted to the voters. Should the Charter Committee approve the proposed changes to any amendment(s), the Governing Body, pursuant to Section 1-16-3 NMSA 1978, shall then issue a resolution, including all revised and previously approved amendments, within 30 days following action of the Charter Review Committee and an election shall be held in accordance with Section 3-15-10 NMSA 1978.

(K) Election.

(1) The proposed Charter amendments must receive a majority of the votes cast in the election in order to be adopted.

(2) If the proposed Charter amendments are not adopted at the election, those proposed Charter amendments shall not be resubmitted to the voters of the city for a period of two years thereafter.

(3) All Charter amendments duly adopted by a majority vote of the voters shall take effect immediately.

(Ord. 21-07; Am. Ord. 23-02)

33.20 RESERVED.

33.21 RESERVED.

33.22 KEEP RIO RANCHO BEAUTIFUL COMMITTEE.

(A) The purpose of this section is to establish a committee that will assist the Governing Body of the city in improving the quality of life for all residents of the community. There is hereby created the Keep Rio Rancho Beautiful Committee.

(1) The Committee shall consist of seven members, one member from each of the six City Council districts and one member appointed at-large, all of whom shall be appointed in accordance with Section 33.02.

(2) The term of service for the members of this Committee shall be staggered for overlapping terms of three years.

(3) Vacancies shall be filled pursuant to Section 33.02.

(B) The Committee shall conduct a regularly scheduled monthly meeting and other special meetings as may be necessary. The time and place for the meetings shall be set by the Committee at its first meeting.

(1) The Committee shall set and publish rules and procedures for the conduct of business in compliance with Section 33.04.

(2) A public record shall be kept of the actions of the Committee. The records shall be filed with the City Clerk and kept available for public review during normal office hours in accordance with Section 33.04.

(1) Appoint community committees that will assist the Committee in specific tasks in accordance with the certification guidelines of the Keep America Beautiful program (members appointed to community committees shall not be required to be municipal residents);

(2) Conduct public forums upon the request of the Governing Body for matters as directed; and

(3) Promote mutual trust, understanding and respect between residents of the community and their governmental agencies.

(’87 Code, § 4-10-4) (Ord. 88-028; Am. Ord. 90-025; Am. Ord. 91-028; Am. Ord. 23-02)

33.23 PERSONNEL BOARD.

Repealed by Ord. 23-02.

(’87 Code, § 4-13-3) (Ord. 88-028; Am. Ord. 93-016)

33.24 CAPITAL IMPROVEMENT PLAN CITIZENS ADVISORY COMMITTEE.

(A) The purpose of this section is to establish a citizens advisory committee to advise and assist the city in the preparation, implementation and update of the impact fees capital improvement plan (IFCIP). The IFCIP is a plan developed to support the creation of impact fees, in accordance with the Development Fees Act, Sections 5-8-1 through 5-8-42 NMSA 1978, and the Impact Fees Subchapter, Sections 150.20 through 150.49. There is hereby created a permanent Capital Improvement Plan Citizens Advisory Committee (CIPCAC).

(1) The Committee shall consist of seven citizens who shall be appointed by the Mayor and approved subject to confirmation by the Governing Body.

(2) Not less than 40% of the Committee (three members) shall be representatives of the real estate, development or building industries, nor shall any member be an employee or official of a municipality, county or other governmental entity in accordance with Section 5-8-37 NMSA 1978.

(3) No more than two members of the Committee shall reside in the same district, in accordance with the City Charter.

(4) The term of service for members of the Committee shall be staggered for overlapping terms of three years.

(5) Reappointments or filling of vacancies will be made in accordance with Section 33.02.

(B) Meetings.

(1) The Committee shall hold quarterly meetings, with such additional meetings as deemed necessary.

(2) Section 33.04 shall govern the recording of meeting proceedings and the public availability of all actions and considerations undertaken by the Committee. The records shall be filed with the City Clerk and kept available for public inspection in the City Clerk’s Office during normal office hours.

(C) Duties and responsibilities. The duties and responsibilities of the Committee, with staff assistance from the Impact Fee Administrator, shall conform to the Development Fees Act, which are restated as follows:

(1) Advise and assist the city in adopting land use assumptions (which includes a description of the service area and projections of changes in land uses, densities, intensities and population in the service area over at least a five-year period);

(2) Review the impact fee capital improvements plan and file written comments;

(3) Monitor and evaluate implementation of the impact fees capital improvements plan;

(4) File annual reports with respect to the progress of the capital improvements plan and report to the city any perceived inequities in implementing the plan or imposing the impact fee;

(5) Advise the city of the need to update or revise the land use assumptions, the impact fee capital improvements plan and impact fees.

(Ord. 08-95; Am. Ord. 23-02)

33.25 LODGER’S TAX ADVISORY BOARD.

(A) The purpose of this section is to establish a Lodger’s Tax Advisory Board in the city. There is hereby created the Lodger’s Tax Advisory Board for the city, pursuant to the Lodger’s Tax Act Sections 3-38-13 through 3-38-25 NMSA 1978, which will act in an advisory capacity to the Governing Body.

(1) The Mayor shall appoint an advisory board of five members with the confirmation of the City Council. The five-member advisory board shall consist of two members who are owners or operators of lodgings subject to the occupancy tax with the city, two members who are owners or operators of industries located within the city that primarily provide services or products to tourists and one member who is a resident of the city and represents the general public.

(2) The terms of appointment for the members of the Board shall be staggered for overlapping terms of three years.

(3) Vacancies shall be filled in accordance with Section 33.02.

(B) The Lodger’s Tax Advisory Board shall have the duties and responsibilities as may be delegated to it by the Governing Body, to include:

(1) Advise the Governing Body on expenditure of funds authorized under Section 37.02 for advertising, publicizing and promoting tourist attractions and facilities in the city or surrounding area;

(2) Conduct public forums upon the request or approval of the Governing Body for matters as directed; and

(3) Identify areas of concern in the community as they relate to tourism-related industries and promote mutual trust, understanding and respect between residents and their governmental agencies.

(C) The Board shall give adequate notice of all meetings and adopt rules, regulations and procedures for the conduct of business, pursuant to Section 33.04.

(1) Section 33.06 shall be used to calculate a quorum of the Board.

(2) A public record shall be kept for all actions and considerations undertaken by the Board in accordance with Section 33.04. The record shall be filed with the City Clerk and kept available for public inspection in the City Clerk’s office during regular office hours.

(’87 Code, §§ 4-16-1 – 4-16-5) (Ord. 88-028; Am. Ord. 94-023; Am. Ord. 96-024; Am. Ord. 23-02)

Cross-reference:

Lodger’s tax, see § 37.02

33.26 PUBLIC INFRASTRUCTURE ADVISORY BOARD.

(A) Board established. The Governing Body has determined that formal citizen input on roads, drainage, and water and wastewater utilities is appropriate and advantageous to the conduct of City government. A Public Infrastructure Advisory Board (“Board”) is hereby established, comprised of citizens that will provide input to the Governing Body regarding water and wastewater utilities, roadway and drainage matters in the manner set forth in subsection (F) of this section, prescribing the duties and responsibilities of the Board.

(B) Membership.

(1) The Board shall consist of seven members. One member of the Board shall be appointed from each of the six City Council districts. One member shall be a resident of the City, appointed at-large.

(2) The Mayor shall make appointments to the Board based upon qualifications, knowledge, and experience, subject to confirmation by a majority of the Governing Body.

(3) Removal of a Board member shall be in accordance with Section 33.03.

(1) The initial Board members shall be appointed in the following manner: One member shall serve a one-year term; three members shall serve a two-year term; and three members shall serve a three-year term. The designated initial term for each district shall be determined by lot and coordinated by the City Clerk.

(2) The term of appointment for all Board members subsequent to initial appointments shall be three years.

(D) Meetings.

(1) The Board shall hold at minimum regular quarterly meetings.

(2) All meetings of the Board shall be conducted pursuant to Section 33.04.

(E) Staffing. The City Manager shall, in his or her discretion, assign appropriate personnel to present and provide information to the Board.

(F) Duties and responsibilities. The Board’s duties and responsibilities shall consist of only the following:

(1) Provide input to the Governing Body regarding the City Manager’s proposed annual operating and capital improvement budget in relation to roads, drainage, and the water and wastewater utilities system.

(2) Provide input to the Governing Body regarding the City Manager’s five-year capital improvement program for roads, drainage, and the water and wastewater utilities system.

(3) Provide input to the Governing Body on proposals from the City Manager or Governing Body member(s) pertaining to rate and charge adjustments for water and wastewater utilities services.

(4) Provide input to the Governing Body regarding proposals from the City Manager related to road, drainage, and the water and wastewater utilities system that would be funded through bonds or loans.

(5) Report annually to the Governing Body in accordance with Section 33.05.

(6) Perform such other duties and functions as may be authorized by the Governing Body or provided by city ordinance consistent with the provisions of the City Charter.

(7) By majority vote, provide the Governing Body with a formal proposal for consideration related to improving or otherwise enhancing roads, drainage, and/or water and wastewater utilities. Before any city resources are used researching or developing such a proposal, the Board, by majority vote of its membership, must first formally seek and receive concurrence from the Governing Body.

(8) Meet as appropriate with the Planning and Zoning Board to coordinate land use and public infrastructure.

(G) Manner of reporting. The Board’s input to the Governing Body shall be limited to those matters approved by a vote of the Board at a duly noticed meeting, and shall be conveyed in a timely manner to the Governing Body by the Chairperson (or Vice-Chairperson in the Chairperson’s absence), either in writing or in person at a Governing Body meeting.

(Ord. 16-31; Am. Ord. 23-02)

33.27 ARTS COMMISSION.

(A) Purpose. The purpose of this section is to establish a municipal organization of appointed officials who will act in an advisory capacity to the Governing Body and make recommendations to the Governing Body in order to enhance and promote the arts within the jurisdiction of the city.

(1) The Arts Commission membership shall consist of seven municipal residents, one member from each City Council district and one at-large member, appointed by the Mayor with the approval of a majority of the City Council.

(2) Each member shall have professional experience or knowledge in an art-related discipline.

(3) Term of service. The terms of appointment for Arts Commission members shall be three years. Of the original Arts Commission members, one member shall serve a one-year term; three members shall serve two-year terms; and three members shall serve three-year terms.

(a) Vacancies shall be filled in accordance with Section 33.02.

(b) Removal of a member shall be in accordance with Section 33.03.

(B) Meetings, notice and procedures. All meetings of the Arts Commission shall be held on a regular basis, at least once per month. Meetings shall be conducted using the procedures and order of business required in Section 33.04.

(1) Section 33.06 shall be used to calculate a quorum of the Arts Commission.

(2) Section 33.04 shall govern the recording of meeting proceedings and all actions and considerations undertaken by the Arts Commission. The records filed with the City Clerk’s office shall be kept available for public inspection in the City Clerk’s office during normal office hours.

(C) Powers, duties and responsibilities. The Arts Commission shall have such powers and duties as may be delegated to it by Governing Body of the City of Rio Rancho and other such power, authority, jurisdiction and duty incidental and necessary to carry out its purposes, including:

(1) Develop and seek Governing Body approval for a City of Rio Rancho Cultural Arts Plan. This plan will provide guidelines on how the city will promote public art in all its forms and how the city will go about providing a formal art presence in the city. Once this plan is established, the Arts Commission will update and revise the plan as needed.

(2) As applicable, review and provide recommendations to the Governing Body regarding the purchase and placement of public art throughout the city.

(3) Work with appropriate city departments and divisions to increase the presence of art and art-related cultural activities in the City of Rio Rancho with an emphasis on community involvement.

(4) Make recommendations to the Governing Body related to incentives that help further the arts in the City of Rio Rancho.

(5) Provide support for already established art programs, organizations and institutions.

(6) Recognize and honor local achievements in art.

(7) Work with local educational institutions to promote arts education.

(8) Encourage public-private partnerships that promote the arts.

(D) Staff liaison. The City Manager shall assign staff as appropriate to serve as the Arts Commission’s staff liaison to assist the Commission in carrying out and implementing their duties and responsibilities.

(Ord. 09-46; Am. Ord. 15-09; Am. Ord. 23-02)

33.28 INVESTMENT ADVISORY BOARD.

(A) Board established. The Governing Body has determined that formal citizen input regarding the management of a voter-approved City Charter Permanent Fund and associated investment policy, as well as other local government investment portfolios and associated policy, is appropriate and advantageous. An Investment Advisory Board is hereby established, comprised of citizens that will review applicable information and provide input to the Governing Body in the manner set forth in this section.

(B) Membership.

(1) The Board shall consist of seven members that are municipal residents. One member of the Board shall be appointed from each of the six City Council Districts. One member shall be appointed at-large. Knowledge or professional experience in public finance or public funds investing is desirable for Board members to possess.

(2) The Mayor shall make appointments to the Board pursuant to Charter Articles 3.02 and 5.07.

(3) Removal of a Board member shall be in accordance with Section 33.03.

(1) Initial Board members shall be appointed in the following manner: one member shall serve a one-year term; three members shall serve a two-year term; and three members shall serve a three-year term. The designated initial term for each Board member shall be determined by lot and coordinated by the City Clerk.

(2) The term of appointment for all Board members subsequent to initial appointments shall be three years.

(D) Meetings.

(1) The Board shall hold at minimum regular quarterly meetings.

(2) All meetings of the Board shall be conducted pursuant to Section 33.04.

(3) The Board and its meetings shall be subject to the Boards and Commissions Rules of Procedure established by the Governing Body.

(4) A quorum of the Board shall be pursuant to Section 33.06.

(E) Reports to Governing Body.

(1) The Board shall provide the Governing Body an annual report pursuant to Section 33.05.

(2) The Board’s required input to the Governing Body shall be limited to those matters approved by a vote of the Board at a duly noticed meeting, and shall be conveyed in a timely manner to the Governing Body by the Chairperson (or Vice-Chairperson in the Chairperson’s absence), either in writing or in person at a Governing Body meeting.

(F) Staffing. The City Manager shall assign appropriate personnel to present and provide information to the Board including, but not limited to, the City Treasurer, which is defined in Article 6.01 of the Charter as the Director of Finance.

(G) Duties and responsibilities. The Board’s duties and responsibilities regarding the City Charter Permanent Fund and other investment portfolios shall consist of only the following:

(1) Review applicable investment policies annually and provide input to the Governing Body regarding proposed amendments, if any.

(2) Beginning with the first quarterly meeting in calendar year 2024, and the first quarterly meeting in each subsequent calendar year, provide input to the Governing Body regarding the general government purpose use of investment earnings that are 50% above the prior year’s Permanent Fund principal amount.

(3) Beginning with the second quarterly meeting in calendar year 2024, and the second quarterly meeting in each subsequent calendar year, provide input to the Governing Body regarding additional revenue contributions, if any, to the Permanent Fund principal amount.

(4) Review investment holdings reports.

(5) Review quarterly performance reports.

(6) Review investments for compliance with applicable policies.

(7) Review investment portfolio strategy, diversification, maturity, structure, and potential portfolio risks.

(8) Review the efficacy of internal controls and procedures over investments.

(9) Review any applicable compliance audits.

(10) Review the selection of any investment advisor, broker/dealer or other investment consultant.

(11) Adhere to any requirements outlined in applicable investment policies.

(Ord. 22-24; Am. Ord. 23-02; Am. Ord. 23-11)