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(A) Issues have arisen in the past and will arise in the future over the respective duties and obligations of the City Council, the legislative branch of city government, and the Mayor, the executive branch of city government.
(B) Litigation, while available to resolve these issues, does not serve the best interests of the city in terms of ensuring an expeditious resolution that minimizes adversity.
(C) The voters of the City of Albuquerque approved a City Charter amendment directing that disputes over the respective duties and obligations of the legislative and executive branches of city government be resolved by a three person conference committee utilizing procedures to be adopted by ordinance.
(D) This article is adopted in compliance with the City Charter to establish the procedures for the Intragovernmental Conference Committee.
(Ord. 15-2010)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FORMAL DISPUTE: An issue raised by either the executive or legislative branch of city government with respect to the existence of a duty, obligation or authority of the executive or legislative branch as to which there is not agreement between those branches of government.
INTRAGOVERNMENTAL CONFERENCE COMMITTEE or COMMITTEE. That Committee provided for in Article XIX of the City Charter and as further provided for in this article to resolve formal disputes between the executive and legislative branches of the city with respect to their respective duties and obligations under the City Charter.
STATEMENT OF THE ISSUE or STATEMENT. The written document used to initiate action by the Intragovernmental Conference Committee. A Statement of the Issue may only be filed by the Mayor or by the City Council. A decision by the City Council to file a Statement of the Issue must be approved by a majority vote of the City Council.
(Ord. 15-2010)
(A) The Intragovernmental Conference Committee shall be a standing committee.
(B) The City Council shall by majority vote of the entire Council appoint one member to the Committee. The term of the appointee, unless otherwise provided for at the time of the appointment, shall be four years but the appointee shall continue to serve until a replacement is named. Except at such times as a dispute may be pending before the Committee, the City Council may replace its appointee at any time by majority vote.
(C) The Mayor shall appoint one member to the Committee. The term of the appointee, unless a shorter term is provided for at the time of the appointment, shall expire at the end of the Mayor's term of office but the appointee shall continue to serve until a replacement is named. Except at such times as a dispute may be pending before the Committee, the Mayor may replace his or her appointee at any time.
(D) The appointment of a committee member by one appointing authority shall not be approved or disapproved by the other appointing authority.
(E) The third member of the Committee shall be selected by the other two and shall serve as the chairperson of the Committee. The selection shall not be subject to approval or disapproval by the Mayor or City Council. The term of the third member shall expire with the term of the Mayor. If there is a formal dispute pending as of the end of the term of the Mayor the third member shall continue to serve with respect to that pending matter until that formal dispute is resolved.
(F) There are no term limits for any appointee.
(G) There are no specific qualifications for Committee members. Members will deal with complex issues related to municipal governance and interpretation of legal documents. It is envisioned that the Committee will be most effective if its members are not advocates for the Mayor or the City Council but are independent public servants willing to try and find consensus on complex issues.
(Ord. 15-2010)
(A) The Committee process is initiated with the filing of a Statement of the Issue with the City Clerk. Statements filed by the Mayor shall simultaneously be provided to the Clerk of the Council. Statements filed by the Council shall simultaneously be provided to the Mayor's office. The Statement shall clearly set forth the issue that the Committee is being asked to resolve. The Statement need not be in any particular form but should apprise the members of the Committee of those facts that have given rise to the decision to file the Statement and any legal or factual information that will assist the Committee in understanding the issues and the position of the party filing the Statement.
(B) For a Statement of the Issue filed by the City Council the Mayor shall have ten business days to file a response. For a Statement of the Issue filed by the Mayor the City Council shall have ten business days to file a response. A response is not required. The Director of Council Services shall file the response on behalf of the City Council and the City Council may approve, disapprove or amend the response no later than the next Council meeting. Any Councilor may file a separate response setting forth his or her position.
(C) The Chairperson of the Committee shall be responsible for scheduling whatever meetings of the Committee are necessary to consider resolution of any matter raised by the Statement of the Issue. The Chairperson shall have the authority to make decisions with respect to procedural matters when the Committee is not meeting. The Chairperson shall be responsible for controlling the procedure utilized in Committee meetings, including argument and witnesses. Decisions of the Chairperson on a procedural issue may only be reversed by a vote of the other two Committee members.
(D) The City Clerk shall serve as staff to the Committee.
(E) The Committee is subject to the New Mexico Open Meetings Act, §§ 10-5-1 through 10-5-4 NMSA 1978. The notice required for any meeting of the Committee shall be the same as that which applies to notice for meetings of the City Council. All activities of the Committee, other than deliberations, shall be conducted in an open meeting and recorded. While it is preferred that deliberations occur in an open meeting, a majority vote of the Committee may close the meeting for purposes of deliberating. Any decision of the Committee shall be announced in an open meeting.
(F) In resolving disputes the Committee shall conduct itself as an adjudicatory body, shall not engage in ex-parte communications and shall use such procedures as assure the City Council and the Mayor a fair hearing.
(G) The City Council shall designate a single individual who shall be responsible for controlling the City Council's presentation before the Committee. That single individual may be a Councilor, a city employee who is not employed within the office of the City Attorney, or a third party. The fact that a single individual is responsible for controlling the presentation does not mean that the individual may not call on any Councilor or other person to make a presentation. The Mayor shall designate a single individual who shall be responsible for controlling the Mayor's presentation before the Committee. That single individual may be the Mayor, a city employee who is not employed within the office of the City Attorney, or a third party. The fact that a single individual is responsible for controlling the presentation does not mean that the individual may not call on the Mayor or other person to make a presentation.
(H) The Committee may adopt such rules as it deems appropriate to ensure a fair resolution of disputes brought before it. The adoption of such rules shall not be subject to the requirements of Chapter 2, Article 15 of the Code of Ordinances.
(I) Decisions of the Committee shall include Findings of Fact and Conclusions of Law. Decisions of the Committee shall be the final administrative process for resolving disputes within the city. Decisions shall be available on line on the city's website.
(Ord. 15-2010)
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