Mayor, councilors attend training on state law

March 21, 2010

Belen’s mayor and the city’s three new councilors attended a New Mexico Municipal League training yesterday to learn what state law says about how a municipal government must operate.

The training covered issues like how to organize a government, manage finances, conduct meetings and stay ethical.

The conference room at the Marriott Pyramid in Albuquerque was filled with newly elected officials from across the northern half of the state.

Of the delegations present, Belen’s elected officials had the most questions, asking things like whether or not a city manager has authority to hire and fire, what procurement code says about making major purchases, and when it’s appropriate to discuss personnel issues behind closed doors.

While state law clearly defines two forms of government — “mayor-council” and “commission-manager” — the league says there were two additional implied forms of government — “mayor-council-manager” and “mayor-council-administrator.”

According to the Municipal League presenters, upon hiring a city manager, the mayor and city council create a mayor-council-manager form of government and give up their authority to hire and fire employees, delegating that authority to the manager.

There was some dispute over the league’s interpretation because state law vests in the mayor some authority over personnel, particularly in appointing people to various positions. In addition, state law gives the city council authority to provide advice and consent for appointed positions.

League officials didn’t seem to want to delve too deep into the councilors’ procurement concerns, with the councilors asking questions indirectly concerning the city’s purchase of $619,000 worth of land without council approval.

One league official who was asked directly about the issue after the training dodged specifics as if attempting to avoid implicating any municipal officials for violations of procurement code.

The councilors also received clarification as to when they can meet behind closed doors to discuss personnel issues. According to league officials, a closed meeting can be called on personnel issues only when the issue relates to an individual employee and doesn’t concern policy.

The league officials were wary of open government in some ways, for example, telling the newly elected officials they should erase all recordings they make of public meetings and never keep verbatim minutes, instead summarizing what happens at public meetings in their minutes.

They also said the mayor and council aren’t required by law to allow public comments at meetings. They said, however, it would be difficult to deny citizens time to speak without causing an uproar. Of course, public hearings require opportunities for public input.

The Municipal League, which presented the training, is a nonprofit representing the state’s 103 municipalities, primarily providing legal interpretation and advice to elected officials and government employees.

Posted in: Reform