Memo: City reorganization complies with the law

March 12, 2010

A memo from Belen’s city attorney to Mayor Rudy Jaramillo says the city government is so far complying with state law during its reorganization.

Legal concerns related to Jaramillo’s decision-making and the transition have been discussed internally at city hall throughout the week, with Jaramillo and councilors attempting to ensure the city is complying with all state requirements during the first major transition in Belen’s government in 12 years.

For example, after last Monday’s council meeting Jaramillo asked City Attorney Norm McDonald if it was legal when Jaramillo had the agenda approved with the “reorganization” of city government removed from it.

At issue is a state law that requires the city council to meet within 21 days after Election Day to organize itself.

In the memo, McDonald says the organizational meeting, which includes the confirmation of all employees, as well as those who Jaramillo will nominate for the city’s four appointed positions, must occur sometime before March 23 but didn’t need to occur that night.

Another question raised this week was whether or not Jaramillo exceeded his authority on Tuesday by designating Mary Lucy Baca as acting city manager.

According to the memo and state law, Jaramillo is permitted to temporarily appoint a city manager, but during the next city council meeting, that appointment must be considered by the council.

At Monday night’s council meeting, the city council will consider confirming Baca.

Also on the agenda for Monday is the appointment of a new city councilor to fill Jaramillo’s vacant council seat.

Posted in: Reform