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CITY OF SANTA FE, NEW MEXICO RESOLUTION NO. 2013-____ INTRODUCED BY:

PROPOSAL A

Councilor Peter Ives Councilor Rebecca Wurzburger

A RESOLUTION CALLING FOR SANTA FE MUNICIPAL CHARTER AMENDMENTS RECOMMENDED BY THE CHARTER REVIEW COMMISSION, WITH THE EXCEPTION OF THE ESTABLISHMENT OF A RUNOFF PROVION AND CHANGES TO THE POWERS AND DUTIES OF THE MAYOR, THE GOVERNING BODY AND THE CITY MANAGER, TO BE PLACED ON THE BALLOT OF A SPECIAL ELECTION TO BE HELD IN CONJUNCTION WITH THE REGULAR MUNICIPAL ELECTION ON MARCH 4, 2014.

WHEREAS, the electorate of the City of Santa Fe adopted the City of Santa Fe Municipal Charter (Charter) at a special election held on December 9, 1997; and WHEREAS, the electorate of the City of Santa Fe amended the Charter on March 4, 2008; and WHEREAS, the Charter in Section 10.1 provides that a Charter Review Commission shall be appointed as needed, but not less frequently than every ten years; and WHEREAS, the Governing Body determined that a Charter Review Commission should be convened to consider possible amendments to the Charter; and

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WHEREAS, City of Santa Fe Resolution 2012-45, Calling for the Establishment of a Charter Review Commission to Review Charter Amendment Questions for Submittal of such Questions to the Electorate of the City of Santa Fe at a Special Municipal Election, was adopted by the Governing Body on April 25, 2012; and WHEREAS, pursuant to Resolution 2012-45 the members of the Charter Review Commission were appointed by the Governing Body; and WHEREAS, the Charter Review Commission met numerous times in public meetings at various locations in all four Council Districts during the period from December 2012 through July 2013; and WHEREAS, the Charter Review Commission presented its Report and Recommendations (Recommendations) to the Governing Body on July 31, 2013; and WHEREAS, on or before January 8, 2014, the Governing Body needs to adopt an election resolution determining the questions to be presented to the electorate concerning amendments to the Charter that will be presented to the electorate in a special election to be held concurrently with the regular municipal election to be held on March 4, 2014 and to provide for timely posting and publication of that election resolution. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SANTA FE that the Governing Body hereby adopts the recommendations of the Charter Review Commission, with the exception of establishing a runoff provision and changing the powers and duties of the mayor, the governing body and the city manager, as the questions to be presented as proposed amendments to the Charter which will be presented to the electorate of the City of Santa Fe at a special election to be held in conjunction with the regular municipal election to be held on March 4, 2014. A copy of the Report and Recommendations of the Charter Review Commission are attached as Exhibit A and are incorporated herein as if fully set forth. The special election resolution shall be posted and published and otherwise comply with all applicable legal requirements.

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BE IT FURTHER RESOLVLED that a new Section 4.09 related to runoff elections is recommended to be proposed to the electorate as follows: 4.09 RUNOFF ELECTION UNTIL RANKED-CHOICE VOTING IMPLEMENTED Starting with the 2016 regular municipal election, until such time as ranked-choice voting is implemented, if no candidate for mayor or city councilor receives more than 50% of the votes cast, there shall be a runoff election between the two candidates who received the most votes. The winner of the runoff shall be elected. BE IT FURTHER RESOLVED that Article V, Section 5.01 of the Charter related to the powers and duties of the mayor is recommended to be proposed to the electorate as follows: 5.01. Powers and duties. The city shall have a mayor who shall: A. B. be elected at large by the voters of the city; [vote only in the case of a tie or when his or her vote will provide the necessary

number of votes required by law for taking action on an issue before the governing body;] have a vote on all matters that come before the governing body; C. be the chief executive officer of the city, which position shall be no less than full time,

forty (40) hours per week, and shall not be otherwise employed or self-employed. The mayor shall exercise administrative control and supervision over the city manager, city attorney and city clerk; D. appoint [and remove, subject to the approval] with the consent of the governing

body, the city manager, city attorney, city clerk, and members of advisory commissions; E. obeyed F. have, within the city limits, the power conferred on the sheriffs of counties to cause the ordinances and regulations of the city to be faithfully and constantly

suppress disorders and keep the peace; G. have sole authority to remove the city manager, city attorney and city clerk;

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[G]H. propose programs and policies to the governing body; [H]I. [I]J. represent the city in intergovernmental relationships; present an annual state of the city message which shall identify among other matters

the mayors legislative agenda for the upcoming year; [J.]K perform other duties compatible with the nature of the office as the governing body

may from time to time require; L. work with city personnel and timely prepare an annual budget and proposed

spending priorities for review and approval of the finance committee and the city council; [K]M. be recognized as head of the city government for all ceremonial purposes; and [L]N. be recognized by the governor for purposes of military law.

BE IT FURTHER RESOLVED that Article VI, Section 6.02 of the Charter related to the powers and duties of the governing body is recommended to be proposed to the electorate as follows: 6.02. Powers and duties. A. The governing body shall serve as the principal policy maker of the city, and shall, as

it deems necessary, amend existing policies that are consistent with other provisions of this charter. The governing body shall consider the mayors annual legislative agenda, put forth by the mayor. B. All legislative powers of the city shall be vested in the governing body, except as

otherwise required by law or this charter. The governing body shall provide for the exercise of its powers and for the performance of all duties and obligations imposed on the city by law. C. The governing body shall by ordinance fix the annual salaries of the mayor, the

municipal judge and councilors and shall review those salaries not less than every four years. D. The governing body shall by ordinance set a policy for reimbursement of the actual

and necessary expenses incurred by the mayor, the municipal judge and city councilors. BE IT FURTHER RESOLVED that Article VIII, Section 8.02 of the Charter related to the qualifications of the city manager is recommended to be proposed to the electorate as follows:

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8.02.

Qualifications. The city manager should be professionally trained and have the necessary administrative and

managerial skills to [manage the municipality] carry out the duties and responsibilities of the city manager. BE IT FURTHER RESOLVED that Article VIII, Section 8.03 of the Charter related to the powers and duties of the city manager is recommended to be proposed to the electorate as follows: 8.03. Powers and duties. The city manager shall: A. be the chief administrative officer of the city and shall report to and work under the

supervision and control of the mayor; B. clerk; and C. have such other powers as are provided for in city ordinances and state law. have the power to hire and fire all city employees except the city attorney and city

BE IT FURTHER RESOLVED that the amendments to the proposals related to the mayor, the governing body and the city manager shall take effect when the mayor and councilors who are elected at the March 6, 2018 election, take office. PASSED, APPROVED and ADOPTED this ______ day of ____________, 2013.

________________________________ DAVID COSS, MAYOR ATTEST:

________________________________ YOLANDA Y. VIGIL, CITY CLERK

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M/Melissa/Resolutions 2013/Charter Questions_Ives_Wurz_1_Substitute

APPROVED AS TO FORM:

_________________________________________________ KELLEY A. BRENNAN, ASSISTANT CITY ATTORNEY