(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)