(A) In accordance with the New Mexico Air Quality Control Act, a joint air quality control board known as the Albuquerque-Bernalillo County Air Quality Control Board is created. The Board shall serve as a joint local authority acting on behalf of both the city and the county. Within the exterior boundaries of the county, the Board shall have authority and jurisdiction to exercise the same functions pertaining to air quality as the functions that have been delegated by the Air Quality Control Act to the New Mexico Environmental Improvement Board except any functions reserved exclusively for the Environmental Improvement Board.
(B) The membership and organization of the Board shall be as described in this section.
(2) The Board shall consist of seven members, four of whom shall be appointed by the Mayor with the advice and consent of the City Council and three of whom shall be appointed by the County Commission.
(3) Members shall be appointed for three-year terms. No member shall serve more than two consecutive terms at a time. The positions on the Board shall be staggered appointments so no more than two city appointee's terms expire in any single year. Vacant positions shall be filled by individuals appointed by the same authority that appointed the outgoing member.
(4) Nominations and appointments to the Board shall be made as follows:
(a) At least a majority of the membership of the Board shall be individuals who represent the public interest and meet the requirements of the state and federal guidelines set forth in the New Mexico Air Quality Control Act, as amended, and the federal Clean Air Act, 42 U.S.C.A. Section 7401, et seq., as amended. Further, to the extent that the requirement does not conflict with this division (a), Board members will be selected for their concerns about, and commitment to, the local ambient air quality. Therefore, selections may be made from a broad range of persons representing the public interest and who are experienced or trained in disciplines including natural sciences, humanities, social studies, finance, medicine and health, engineering or physics, law, law enforcement, education, business and industry.
(b) No person employed on a full time basis by either the city or the county shall be a member of the Board. No elected city or county official, and no member of the immediate family of any elected city or county official shall be appointed to the Board.
(c) City-appointed members shall be residents of the city and county-appointed members shall be residents of the county.
(d) A Board member may be removed from office by the appointing authority if the member has missed three consecutive meetings or has been absent from more than 50% of the meetings during any 12 consecutive meetings.
(e) At least two months before a Board member's term expires, the Department shall solicit a recommended list of qualified members for the city vacancy as suggested by the City Council and the Department for consideration by the Mayor. The County Commission will appoint its representatives to the Board. The list shall include a brief biography describing the qualifications of each candidate. From the list, as modified or enlarged by the appointing authority, appointments to the Board will be made. Candidates appointed shall be notified in writing, and the candidate must accept or reject the appointment in writing. Unless a member retires or is removed, each member shall serve until a successor has been appointed.
(f) If a vacancy occurs for reasons other than expiration of a term, the Department shall promptly utilize the procedure described in division (e) above. Each vacancy shall be filled by the authority that appointed the departing member. The replacement member shall serve for the remainder of the unexpired term.
(5) Four members present shall constitute a quorum. A quorum shall be present for all matters decided by a vote of the Board.
(6) Any action, order or decision of the Board requires a simple majority vote of the members present, except for adoption, amendment or repeal of a Board regulation, in which case the concurrence of four members shall be required.
(7) All officers of the Board shall be elected annually by the Board for one-year terms. No officer shall serve in the same position for more than two consecutive years at a time.
(8) The Board may adopt rules to govern its proceedings.
(C) The Board shall meet in public facilities with public seating available. The Board shall meet monthly if a quorum is available unless a meeting is unnecessary or delayed for good reason. The Board shall hold a minimum of six monthly meetings a year. Special additional meetings may be held as needed. Notice of time, place and agenda of meetings shall be published according to the requirements of law. Meetings, work sessions and hearings shall be open to the public.
(D) The Director of the Department shall record all transactions and proceedings of the Board and shall perform the duties required by the Air Quality Control Act. The Director is the custodian of all files and records of the Board, and shall meet with the Board but does not have a vote.
(E) Any member of the Board who has a conflict of interest regarding a matter before the Board shall disqualify himself or herself from the discussion and shall abstain from the vote on such matter. A conflict of interest means any interest which may yield, directly or indirectly any monetary or other material benefit to the Board member or the member's spouse or minor child.
(F) The City Environmental Planning Commission (EPC) and the County Planning Commission (CPC) may appoint a member of the EPC and of the CPC, respectively, to be liaisons to the Air Quality Control Board. The EPC and CPC liaisons may attend Board meetings and may participate in Board discussions, but will not be members of the Board and will not vote. The respective liaisons may communicate with the Board and their respective planning commissions regarding air quality issues.
('74 Code, § 6-16-3) (Ord. 13-1975; Am. Ord. 45-1984; Am. Ord. 65-1993)