ARTICLE III
MAYOR AND CITY MANAGER

3.01 Mayor.

A. Mayor. The mayor shall be a member of the Governing Body entitled to cast a vote only in the event of a tie among the city councilors or in case there are fewer than six (6) City Council members present.

(Section 3.01.A. amended at the Special Election on March 1, 2016 as Proposition 39)

B. The mayor shall:

(1) Preside at meetings of the Governing Body;

(2) Be the chief executive officer of the City and shall exercise all administrative and executive powers, except to the extent that those powers are vested with the city manager;

(3) Devote her/his full time to the discharge of mayoral duties and have outside employment only if the outside employment is approved by the Governing Body by resolution;

(4) Initiate an annual performance review of the City Manager with the advice of the Council;

(5) Provide leadership in the promotion and marketing of Rio Rancho to large and small businesses to achieve growth in products and services available to residents and growth in tax revenues;

(6) Participate with and provide input to the City Manager in preparation of the city’s budget for the mayor to perform the duties in item 5;

(7) Listen to and build relationships with citizens to address the needs of the community;

(8) Convene and lead an annual meeting of the Governing Body to discuss and identify the city’s goals and priorities in order to provide guidance for the City Manager and to inform the public.

(9) Propose programs and policies to the Governing Body;

(10) Appoint, as provided in this Charter and by applicable ordinance, and subject to the confirmation of the Governing Body, all members of boards, commissions or authorities, including city representatives to outside regional, state or national boards, commissions or authorities;

(11) Represent the City in intergovernmental relationships including but not limited to representing the city on regional, state and national boards and committees as necessary;

(12) Present an annual State of the City report to the City Council; and

(13) Perform other duties and exercise such other powers as specified in this Charter, the City’s ordinances and resolutions, or by the Governing Body.

(Section 3.01.B. amended at Special Election on March 7, 2006 as Proposition 20; Section 3.01.B. amended at Special Election on March 6, 2012 as Proposition 27; Section 3.01.B. amended at Special Election on March 1, 2016 as Proposition 40)

C. The mayor shall be recognized as head of the City government for ceremonial purposes, for purposes of responding to civil emergencies, and by the Governor for purposes of military law.

3.02 Power of Appointment; Process.

A. Whenever the mayor is given the right to appoint a person to fill a vacancy in any elective office, to appoint a city manager, or to appoint a person to any board, commission or advisory body, subject to the confirmation of the Governing Body, then the provisions of this section shall govern the procedure by which such appointment and confirmation are undertaken.

(Section 3.02.A. amended at Special Election on March 7, 2006 as Proposition 20)

B. The mayor shall notify the other members of the Governing Body of the name of the person appointed by the mayor within the time period required in this Charter for such an appointment.

C. The mayor’s appointment shall be scheduled for the next regularly scheduled meeting of the Governing Body, although nothing herein shall prevent the Governing Body from considering the mayor’s appointment at a prior special meeting.

D. If the Governing Body fails to confirm the mayor’s appointment, then the mayor shall submit the name of another person within forty-five days after the Governing Body’s failure to confirm. The mayor’s subsequent appointment shall be considered by the Governing Body in the same manner as the original appointment was considered.

E. The process of mayoral appointment and Governing Body consideration shall continue until the Governing Body has confirmed an appointee of the mayor to fill the position.

3.03 Deputy Mayor.

A. The city councilors shall elect, from among themselves, a deputy mayor to assume the assigned role of mayor during the temporary absence or disability of the mayor. A deputy mayor shall be elected by the city councilors no less often than at the organizational meeting following each regular municipal election. The city councilors may change the deputy mayor at their pleasure at any time. The mayor shall have the power to break a tie vote on the election of the deputy mayor.

B. A city councilor serving as deputy mayor, in the temporary absence or disability of the mayor, shall be entitled to vote only once on matters coming before the Governing Body and shall be entitled to cast a vote as a city councilor and not to break a tie.

3.04 City Manager; Appointment; Qualifications; Compensation.

A. The Governing Body shall itself or by committee of the Governing Body, screen candidates for the position of city manager, and shall rank not less than three nor more than five of the best qualified candidates. The mayor shall appoint a city manager from among these candidates within ten days after the ranking of candidates has been completed, subject to the confirmation by resolution of the Governing Body, per the procedure authorized in Section 3.02. In the event that the Governing Body fails to approve the mayor’s appointment, subsequent appointments by the mayor shall only be from among those persons who are on the list of qualified candidates. If none of the mayor’s appointees is confirmed by the Governing Body, then the hiring process shall commence again beginning with a new search for and screening of qualified candidates.

B. The Governing Body shall enter into an employment contract with the city manager which shall establish, among other matters, compensation and benefits, and shall be consistent with the provisions of this Charter.

C. The city manager shall be appointed solely on the basis of executive and administrative qualifications. The city manager need not be a resident of the City or State at the time of appointment, but may reside outside the City while in office only with the express prior approval of the Governing Body.

D. The city manager shall not be appointed for any definite term and shall serve at the pleasure of the Governing Body as provided in this Charter.

(Section 3.04 amended at Special Election on March 7, 2006 as Proposition 20)

3.05 Suspension; Removal.

A. The mayor may propose suspension of the city manager to the Governing Body. A copy of such proposed suspension shall be served immediately upon the city manager. No proposed suspension shall go into effect until approved by resolution of the Governing Body. The proposed suspension shall be scheduled by the Governing Body for its next regularly scheduled meeting, but nothing herein shall preclude the Governing Body from considering the suspension at an earlier special meeting.

B. The Governing Body may, by resolution, suspend the city manager. A copy of the suspension shall be served immediately upon the city manager.

C. From the time of service of the suspension on the city manager, the city manager shall have twenty-four hours or until 5:00 p.m. of the next business day, whichever is later, in which to request that the Governing Body reconsider a suspension issued pursuant to Subsections A or B of this section. The city manager’s request for reconsideration shall be in writing and shall be filed with the city clerk. The Governing Body shall take up the city manager’s appeal or request for reconsideration within five days of the filing thereof.

D. Upon the filing of a request for reconsideration, the city manager shall be afforded a public hearing. After the public hearing and after full consideration, the Governing Body shall adopt a resolution confirming, overturning, or modifying the suspension.

E. The city manager may be removed by a majority vote of all of the members of the Governing Body. Action to remove the city manager may be initiated by the mayor or by motion of any city councilor, which is seconded by two other members of the Governing Body, at a meeting of the Governing Body.

(Section 3.05.E. amended at Special Election on March 6, 2012 as Proposition 28)

F. As the city manager serves at the pleasure of the Governing Body, the city manager may be removed by the Governing Body at any time, with or without cause. The city manager shall have no property rights arising from employment with the City other than the right to accrued salary and benefits, and the hearing and appeal rights specified herein in connection with suspension. The city manager shall have no right to continued employment with the City, and the granting of appeal or hearing rights in connection with suspension shall not cause any additional rights to inure to the benefit of the city manager which would limit the Governing Body’s ability to remove the city manager at any time, or change the city manager’s status as an at will employee of the City.

(Section 3.05 amended at Special Election on March 7, 2006 as Proposition 20)

3.06 Acting City Manager.

In the event of the temporary absence, disability, suspension, or other unavailability of the city manager, the mayor shall appoint a City employee to serve as an acting city manager for no more than thirty consecutive days. The Governing Body shall appoint an acting city manager for any vacancy or period of temporary absence, disability or suspension exceeding thirty consecutive days. At the time of appointment, the Governing Body shall assign a salary that is no less than the minimum salary listed in the established pay grade for the city manager position as determined by the Human Resources Department or Governing Body.

(Section 3.06 amended at Special Election on March 7, 2006 as Proposition 20; Section 3.06 amended at Special Election on March 1, 2022 as Question 4)

3.07 Powers and Duties of the City Manager.

The city manager shall be the chief administrative officer of the City, in charge of the day-to-day administrative affairs of the City, and responsible to the mayor and Governing Body, as appropriate, for the administration of all City affairs placed in the administrator’s charge by or under this Charter. The city manager shall:

A. Direct and supervise the day-to-day administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law;

B. Attend all meetings of the Governing Body. The city manager shall have the right to take part in discussion but shall not be entitled to vote;

C. Be responsible for the proper execution of all ordinances, provisions of this Charter, and lawful actions of the mayor and Governing Body, which are subject to enforcement by the city manager or by officers subject to the manager’s direction and supervision;

D. Prepare and submit the annual budget and capital program to the mayor and Governing Body as provided in this Charter;

E. Submit to the Governing Body, and make available to the public, a complete report on the finances and administrative activities of the City as of the end of each fiscal year;

F. Make such other reports as the mayor or Governing Body may require concerning the operations of City departments, offices and agencies subject to the city manager’s direction and supervision;

G. Keep the mayor and Governing Body fully advised as to the financial condition and future needs of the City;

H. Make recommendations to the mayor and Governing Body concerning the affairs of the City;

I. Provide staff support services for the mayor and the Governing Body;

J. Be the procurement officer of the City; but the city manager shall be entitled to delegate all or part of these functions to one or more City employees;

K. Assist the Governing Body in developing long term goals for the city and strategies to achieve these goals;

L. Present an annual self evaluation of successes and difficulties in meeting goals in preparation for an annual review meeting with the Mayor;

M. Promote partnerships among the Governing Body, staff and citizens in developing public policy and building a sense of community; and

N. Perform such other duties as are specified in this Charter or may be required by the Governing Body.

(Section 3.07 amended at Special Election on March 7, 2006 as Propositions 20 and 22; Section 3.07 amended at Special Election on March 6, 2012 as Proposition 29)