ADDENDUM

The City of Rio Rancho was incorporated in 1981.

The Charter of the City of Rio Rancho was adopted by the voters at the Regular Municipal Election held on March 3, 1992.

At a Special Election, held in conjunction with the Regular Municipal Election on March 5, 1996, fifteen amendments were adopted. The amendments were submitted to the voters of the City of Rio Rancho, upon recommendations made by a Charter Review Committee and the Governing Body. The amendments modified Articles I, II, IV, V, VII, and IX, as indicated in the parenthetical statements following the appropriate sections.

At a Special Election, held in conjunction with the Regular Municipal Election on March 5, 2002, two amendments were adopted. The amendments were submitted to the voters of the City of Rio Rancho, upon recommendations made by a Charter Review Committee and the Governing Body. The amendments modified Articles VI and VII, as indicated in the parenthetical statements following the appropriate sections.

At a Special Election, held in conjunction with the Regular Municipal Election on March 7, 2006, six amendments were adopted. The amendments were submitted to the voters of the City of Rio Rancho, upon recommendations made by a Charter Review Committee and the Governing Body. The amendments modified Articles I, II, III, V, VI, VII and VIII, as indicated in the parenthetical statements following the appropriate sections.

    __________________________________/s/

    Jim Owen, Mayor

Attest:

__________________________________/s/

Tina Gonzales, City Clerk

AMENDMENTS ADOPTED AT THE MARCH 6, 1996 SPECIAL MUNICIPAL ELECTION

Section 1.03.

Intergovernmental Relations.

Proposition 1, granted the City the specific right to negotiate with and enter into agreements with Native American governments and their agencies.

 

Section 1.07.

Charter Review and Amendment.

Proposition 2, provided another mechanism for amending the Charter.

 

Section 2.02.

Election; Terms.

Proposition 3, eliminated the residency requirement for the mayor and city councilors in accordance with state law.

 

Section 2.05.

Vacancies; Forfeiture of Office.

Proposition 4, separated the vacancy provisions for the mayor and City Council into separate sections and provided that a councilor shall forfeit his or her office if he or she moves out of the district from which elected.

 

Section 4.02.

Qualifications.

Proposition 5, removed the residency requirement for a municipal judge in accordance with state law.

 

Section 5.09.

Utilities Commission.

Proposition 6, created a seven-member Utilities Commission with membership representing each council district and one at-large member.

 

Section 5.10.

Parks and Recreation Commission.

Proposition 7, created a seven-member Parks and Recreation Commission with membership representing each council district and one at-large member.

 

Section 7.02.

Initiative and Referendum.

Proposition 8, clarified who is eligible to sign a petition and the number of signatures required.

Proposition 9, provided for an attorney to review and report on the constitutionality of initiated legislation before submission to the Governing Body.

Proposition 10, adopted the provision that if the Governing Body refuses to adopt or enact any constitutional and legally proposed initiated legislation, any interested person could seek recourse in District Court and, if successful, the person’s attorney fees will be paid.

Proposition 11, clarified who is eligible to sign a petition and the number of signatures required.

Section 7.03.

Recall.

Proposition 12, separated recall provisions for mayor and councilor. Clarified that petitions for recall of councilors may only be signed by people from the same district the councilor represents.

 

Section 7.03.

Recall.

Proposition 13, clarified that voting eligibility for recall is only in the district the councilor sought to be recalled represents.

 

Section 9.01.

Charter Revision; Effective Date.

Proposition 14 deleted outdated information and made any adopted charter amendments effective March 15, 1996

 

Section 9.04,

Salary

Proposition 15, deleted Section 9.04, a redundant provision.

AMENDMENTS ADOPTED AT THE MARCH 5, 2002 SPECIAL MUNICIPAL ELECTION.

Section 6.11,

Independent Audit

Proposition 16, provides that the independent auditor for the City shall be chosen under the provisions of the City’s Procurement Code, rather than using the provisions of State Procurement Code.

 

Section 7.03,

Recall

Proposition 17 added additional requirements to initiate and force a recall election.

AMENDMENTS ADOPTED AT THE MARCH 7, 2006 SPECIAL MUNICIPAL ELECTION.

Section 1.07,

Charter Review and Amendment

Proposition 18 provides for a thorough review of the Charter every five years, rather than every ten years.

 

Section 2.10,

Action Requiring an Ordinance

Proposition 19 provides that the City Manager may create, change, and eliminate city departments, divisions, agencies, etc., as long as the Governing Body approves of that action in an ordinance, rather than limiting that authority to create, change, and eliminate city departments to the Governing Body through enactment of an ordinance.

 

Section 3.01,

Mayor

Proposition 20 changes the title of the City Administrator to City Manager.

Section 3.02,

Power of Appointment; Process

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 3.04,

City Manager; Appointment; Qualifications; Compensation

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 3.05,

Suspension; Removal

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 3.06,

Acting City Manager

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 3.07,

Powers and Duties of the City Manager

Proposition 20 changes the title of the City Administrator to City Manager.

Proposition 22 makes the City Manager responsible for initiating his annual review by providing a self-assessment to the Governing Body.

 

Section 5.01,

Departments; Creation; Supervision

Proposition 19 provides that the City Manager may create, change, and eliminate city departments, divisions, agencies, etc., as long as the Governing Body approves of that action in an ordinance, rather than limiting that authority to create, change, and eliminate city departments to the Governing Body through enactment of an ordinance.

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 5.02,

Department Directors; Hiring

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 5.03,

Department Directors; Discipline; Termination

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 5.04,

Personnel System

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 5.05,

City Attorney

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 5.06,

City Clerk

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 5.07,

Boards and Commissions; Advisory Bodies

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 6.02,

Recommended Budget and Message; Recommended Capital Program

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 6.03,

Contents

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 6.04,

Review by Mayor; Submission to Governing Body

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 6.07,

Amendments After Adoption

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 6.10,

Prohibition of Overspending of Appropriations

Proposition 20 changes the title of the City Administrator to City Manager.

 

Section 7.01,

City Elections

Proposition 25 requires a majority vote for all elective city offices and requires the Governing Body to enact an ordinance setting out the rules for run-off elections when no candidate gets a majority of the votes and for those instances where a tie vote occurs.

 

Section 8.01,

Conflict of Interest

Proposition 20 changes the title of the City Administrator to City Manager.

Proposition 26 requires the Governing Body to enact a new ordinance providing rules and fines for enforcement of the conflict of interest rules for elected officials and a new ordinance providing rules for enforcement of the conflict of interest rules for city employees.

AMENDMENTS ADOPTED AT THE MARCH 6, 2012 SPECIAL MUNICIPAL ELECTION.

Section 3.01,

Mayor

Proposition 27 requires the Mayor to devote his/her full time to the duties of the office, and sets forth new Mayoral duties and responsibilities.

 

Section 3.05,

Suspension; Removal

Proposition 28 allows a motion to remove the City Manager to be seconded by the mayor, if he/she so chooses.

 

Section 3.07,

Powers and Duties of the City Manager

Proposition 29 sets forth new duties for the City Manager and clarifies existing duties.

 

Section 5.03,

Department Directors; Discipline; Termination

Proposition 30 sets forth a grammatical change to existing language and makes no substantive change to existing procedure.

 

Section 5.07,

Boards and Commissions; Advisory Bodies

Proposition 31 adds clarifying language to make it clear that the existing provisions do not apply to internal boards or committees that consist solely of appointive officers or employees, which may be created from time to time in order to carry out their assigned duties.

 

Section 5.09,

Utilities Commission

Proposition 32 removes the Utilities Commission completely from the City Charter. The Utilities Commission will continue to exist through a previously adopted ordinance.

 

Section 5.10,

Parks and Recreation Commission

Proposition 33 removes the Parks and Recreation Commission completely from the City Charter. The Parks and Recreation Commission will continue to exist through a previously adopted ordinance.

 

Section 7.01,

City Elections

Proposition 34 requires the Governing Body to prepare and adopt an ordinance which requires voters to furnish photo identification at the time a vote is cast at the polling location.

 

Section 7.03,

Recall

Proposition 35 provides that the required number of signatures by registered voters on an intention to file a petition will increase from ten to 50.

AMENDMENTS ADOPTED AT THE MARCH 1, 2016 SPECIAL MUNICIPAL ELECTION

Section 1.07,

Charter Review and Amendment

Proposition 36 provides for a thorough review of the Charter every six years, rather than every five years.

Proposition 37 modifies the requirements that a petition for Charter amendment must meet in order to be approved by the City Clerk for circulation, provides consistency for the City petition process and specifies the time frame in which any amendment by successful petition would be presented to the voters and thereafter become effective, if approved.

 

Section 3.01,

Mayor

Proposition 39 allows the Mayor to vote on items presented to the Governing Body in the case of any absence of a City Councilor.

Proposition 40 allows the Mayor to have outside employment only if approved by the Governing Body, and creates additional responsibilities for the Mayor.

 

Section 4.01,

Creation; Power; Duties

Proposition 41 formalizes the process by which the judicial branch provides its annual budget and capital program.

 

Section 5.07,

Boards and Commissions; Advisory Bodies

Proposition 42 removes the Governing Body and City Manager from serving as ex-officio members of City boards, commissions and advisory bodies.

 

Section 6.07,

Amendments After Adoption

Proposition 43 removes language specific to adopting a resolution to reduce one or more appropriations to reduce an issue regarding any budget deficit; however, the Governing Body may still choose this option as they deem appropriate.

 

Section 7.02,

Initiative and Referendum

Proposition 44 ensures that each page of a petition for an initiative contains the same information when provided to the public for signature, and provides consistency in the City petition process.

Proposition 45 ensures that each page of a petition for a referendum contains the same information when provided to the public for signature, and provides consistency in the City petition process.

 

Section 8.01,

Code of Conduct

Proposition 46 replaces the Conflict of Interest; Code of Ethics section of the Charter and replaces it with language requiring the Governing Body to adopt a related Code of Conduct by ordinance no later than July 1, 2016.

 

Section 8.02,

Holding Other Office

Proposition 46 replaces the Conflict of Interest; Code of Ethics section of the Charter and replaces it with language requiring the Governing Body to adopt a related Code of Conduct by ordinance no later than July 1, 2016.

 

Section 8.03,

Political Activity

Proposition 46 replaces the Conflict of Interest; Code of Ethics section of the Charter and replaces it with language requiring the Governing Body to adopt a related Code of Conduct by ordinance no later than July 1, 2016.

 

AMENDMENTS ADOPTED PURSUANT TO THE 2019 RECALL ACT

Section 7.03,

Recall

The 2019 Recall Act (Chapter 1, Article 25, NMSA 1978) supersedes portions of Section 7.03. The Recall Act shall be used for the recall of elective officers; however, the City of Rio Rancho shall continue to utilize any local provisions that provide greater due process than the Recall Act.

 

AMENDMENTS ADOPTED AT THE MARCH 1, 2022 SPECIAL MUNICIPAL ELECTION

Section 2.06,

Filling Vacancies

Question 2 requires that a qualified successor be appointed to fill a vacancy in the office of Mayor or office of City Councilor within 60 days of the vacancy instead of 45 days.

 

Section 2.14,

Authentication and Recording; Codification

Question 3 updates the process of recording and codifying ordinances and resolutions adopted or amended by the Governing Body to match current technology and procedures, to include the Mayor and City Clerk signatures, affixation of the city seal and more frequent updates to the general codification.

 

Section 3.06,

Acting City Manager

Question 4 mandates, that at the time an acting City Manager is appointed, the Governing Body assign a salary at a rate no less than the current minimum salary ascribed to the classification for the City Manager position.

 

Section 5.07,

Boards and Commissions; Advisory Bodies

Question 5 requires that the appointment of boards, commissions and advisory body members to fill a vacancy shall occur as soon as practicable, rather than within 30 days.

 

Section 6.13,

Permanent Fund

Question 6 adds a new section requiring the establishment of a permanent fund with an initial investment of $10,000,000, the principal of which shall remain intact in perpetuity, with 50 percent of the investment earnings added to the principal and 50 percent of the investment earnings distributed annually to the City general fund for general government purposes, with guidelines concerning additional contributions, investments and responsibilities for the management and administration of the permanent fund to be determined pursuant to one or more ordinances adopted by the Governing Body.