ADOPTED BY THE VOTERS OF THE CITY OF CLOVIS AT THE SPECIAL ELECTION ON NOVEMBER 2, 1971
AS AMENDED BY VOTE OF THE CITY OF CLOVIS ON MARCH 6, 1984
CLOVIS CHARTER COMMISSION
CHARTER FOR THE CITY OF CLOVIS
We, the citizens of the City of Clovis, New Mexico, under the Constitution and law of New Mexico, do ordain and establish this government for the City of Clovis, New Mexico.
Section 1-1 Powers. The municipality, now existing and known as the City of Clovis, is a body corporate and may exercise all legislative powers and perform all functions not expressly denied by general law or this Charter. The City may exercise its legislative power in the manner it deems necessary or the City may act in the manner provided by law (statute). The purpose of this Charter is to provide for maximum local self-government. A liberal construction shall be given to the powers of the City.
Section 2-1 Electors. Any registered qualified elector of the City of Clovis may vote in any City election and may be candidate for any City office.
Section 2-2 Regular City Election. Regular City elections for the purpose of electing City officers and considering any other question placed on the ballot by the Commission shall be held on the first Tuesday in March of each even-numbered year.
Section 2-3 Nonpartisan Elections. The names of candidates for City office shall be listed on the ballot without party or other designation The name of the candidate shall appear on the ballot as it is shown on the candidate’s declaration of candidacy. The listing of the names on the ballot of the candidates for the office to be filled shall be determined by lot.
Section 2-4 Elective Offices. The elective offices of the City are eight Commissioners, a mayor and a Municipal Judge. (Amended by vote, March 1, 1994.)
Section 2-5 Term of Office. The term of office of a Commissioner and Mayor is four years. The term of office for a Municipal Judge is four years. (Amended by vote, March 1, 1994.)
FORM OF GOVERNMENT
Section 3-1 Form of Government. The form of government of the City of Clovis is the Commissioner/Manager form of government, with an elected Mayor having limited duties. (Amended by vote, March 1, 1994.)
Section 3-2 Term Limits.
The Mayor, after serving two (2) consecutive elected terms in the office of Mayor, shall be ineligible to seek that office through election until one (1) full term has intervened.
A City Commissioner, after having served two (2) consecutive elective terms in the office of City Commissioner, shall be ineligible to seek that office through election until one (1) full term has intervened.
The Municipal Judge, after having served two (2) consecutive elected terms in the office of Municipal Judge, shall be ineligible to seek that office through election until one (1) full term has intervened.
An appointment to fill a vacancy in the office of Mayor, Municipal Judge, or City Commissioner shall not be counted under subsections A, B, and C of this section and shall not prevent the appointee from:
Seeking election to that same office for two (2) additional subsequent consecutive terms;
Being appointed to fill the same office after holding that office for the two (2) immediate proceeding terms.
No term of elected City office prior to the regular scheduled elected of March, 1996, shall count toward any term limitation imposed herein. (Added by vote, March 1, 1994.)
Section 4-1 Composition. The City Commission consists of eight members who shall be elected as provided in this Charter. (Amended by vote, March 1, 1994.)
Section 4-2 At-large Election – Mayor. A mayor shall be voted on at-large. (Amended by vote, March 1, 1994.)
Section 4-3 District Elections. The City of Clovis shall be divided into four districts. Two Commissioners shall be elected from each district. Each district shall be compact and contiguous and composed of populations as nearly equal as practicable. Communities of interest, including those based on economic, geographic or ethnic characteristics shall be preserved within a single district to the extent reasonable and practical. Any member of the Commission representing a district shall be a resident of, and elected by, the registered qualified electors of that district. (Amended by vote, March 1, 1994.)
Section 4-4 Staggered Terms. The terms of the Commissioners shall be staggered so that four Commissioners are elected every two years and no more than one Commissioner is regularly elected from any election district at any one election. (Amended by vote, March 1, 1994.)
Section 4-5 Vacancy. A vacancy in the office of Commissioner, Mayor, or Municipal Judge occurs upon the officer’s death, disability, resignation or termination of residency in the City or the district represented. If the office is vacated, the remaining members of the Commission shall appoint a registered qualified elector to fill the vacancy within thirty (30) days of the vacancy. Any registered qualified elector appointed to fill a vacancy shall serve until the next regular City election, at which time a registered qualified shall be elected to fill the remaining unexpired term, if any. (Amended by vote, March 1, 1994.)
Section 4-6 Meetings. The Commission shall meet at least twice each month. Meetings of the Commission shall be open to the public and the official records of the City shall be open to inspection during regular business hours.
Section 4-7 Powers and Duties. The Commission is the governing body of the City of Clovis and may exercise all legislative powers not expressly denied by general law.
The Commission shall:
Pass all ordinances and other measures conducive to the health, safety and welfare of the City;
Carry out the provisions of this Charter;
Perform all acts required for the general welfare of the City;
Create all offices and departments necessary for proper carrying on of the work of the City; and
Appoint a City Manager and hold him responsible for the proper and efficient administration of City Government.
Section 5-1 Organizational Meeting – Mayor Pro Term – Selection. At its organizational meeting to be held on the first Monday following the regular City election or as soon thereafter as practical, the Commission shall elect one of its members to serve as Mayor Pro Tem. The term of office of Mayor Pro Tem is until the next organizational meeting of the Commission, or until a successor is selected and qualified, unless sooner removed by death, resignation or removal from office. (Amended by vote, March 1, 1994.)
Section 5-2 Mayor – Duties. The Mayor:
Shall preside at all meetings of the Commission and perform other duties, consistent with his/her office, as imposed by the Commission;
Is the official head of the City for all ceremonial purposes and for all military purposes; and
Has the right to vote only in the event of a tie vote of the commission.
At the first regular election following the adoption of this Charger Amendment a Mayor shall be elected in addition to the regularly scheduled Commission positions. The terms of Commissioners shall be unaffected and continue in the manner provided by judicial decree in the case number CIV-85-1618M in the United States District Court for the District of New Mexico and this Charter. (Amended by vote, March 1, 1994.)
Section 6-1 Qualifications – Appointment. A City Manager shall be appointed solely on the basis of his administrative qualifications for an indefinite term. His selection shall not be limited by reason of his former residence. His salary shall be fixed by the City Commission. A vacancy in the office of the City Manager occurs upon his death, resignation or removal from office.
Section 6-2 Manager – Duties. The City Manager is the Chief Executive Officer of the City. He shall have a seat, but not vote, at every meeting of the City Commission. The City Manager Shall:
Enforce and carry out all ordinances, rules and regulations adopted by the Commission;
Employ and discharge employees of the City;
Prepare and submit an annual budget to the City Commission;
Make recommendations to the City Commission concerning the welfare of the City; and
Be the person, or his designated agent, for the purpose of civil process.
Section 7-1 Charter – Amendments – Revision. This Charter may be amended or repealed in the manner provided by law. The City Commission shall appoint a Charter Commission at least every ten years to review the Charter. The Charter Commission shall consist of two Commissioners, the Mayor, and one member appointed by each Commissioner. After conducting at least one public hearing to obtain public opinion and input, the Charter Commission shall submit recommendations to the City Commission. The City Commission shall act on the recommendations of the Committee by an affirmative vote of the majority. (Amended by vote, March 1, 1994.)
Section 7-2 Saving Clause. This Charter does not apply to pending litigation. All ordinances, resolutions, regulations and orders shall continue in effect until amended or repealed.
RECALL AND REFERENDUM
Section 8-1 Recall.
Any elective officer of the City is subject to a recall election.
A recall election shall be instituted by a petition seeking the recall of an elective officer, filed with the City Clerk in compliance with this Article. The petition shall:
In the event of a proposed recall of an elective office elected from the City at large, be signed by registered voters in a number more than twenty percent of the number of voters who voted at the previous regular municipal election, or
In the event of a proposed recall of an elected official elected from a district be signed by registered voters of that district in a number more than twenty percent of the number of voters who voted at the previous regular municipal election in that district.
Upon receipt of a recall petition which complies with this Article, the City Commission shall call a special recall election within sixty days, unless the regular municipal election occurs within sixty days, in which case the qualified electors shall vote on the recall at the regular election. Registered voters shall be eligible to vote in the recall election either at large, or by district, depending upon the manner of selection of the elective official to who the recall petition is directed.
If a majority of the votes cast at the recall election favor recall, the office in question is declared vacant. If an officer is recalled, he shall not be eligible for reelection until the term for which he was originally elected has expired. If the recall election results in a failure to secure the votes necessary to recall, the officer in question shall not be subject again to recall until six months have elapsed from the date the previous recall election was held.
A recall created by a recall election shall be filled in the same manner as other vacancies on the City Commission are filled. If all Commissioners are recalled at the same election, the Municipal Clerk, or if there is no Municipal Clerk, the District Court, shall within three days call an election as provided in this Charter for the election of seven Commissioners.
Section 8-2 Referendum.
If within thirty days following the adoption of an ordinance, a petition signed by registered voters in a number more than twenty percent of the number of voters who voted at the previous regular municipal election is presented to the Commission, asking that the ordinance in question be submitted to a special election for its adoption or rejection, the ordinance shall become ineffective and the Commission shall provide for an election on the measure within sixty days of the filing of the petition.
The ballot shall contain the text of the ordinance in question. Below the text shall be phrases;”For the above measure,” and
“Against the above measure,”Followed by spaces for marking with a cross the phrase desired. If a majority of the votes cast favor the measure, it shall take effect immediately. If a majority of the votes cast are against the measure, it shall not take effect.
If an ordinance is an emergency measure, it shall go into effect immediately, but it may be repealed by an adverse majority at a referendum election.
CONFLICT OF INTEREST–ETHICS
Section 9-1 Definitions.
The following definition’s shall be applicable when the following defined terms are used in this section:
- “Elected Official” means any City Commissioner or Mayor elected to that position or appointed to fulfill a vacancy pursuant to Section 4-5.
- “Financial Interest” means an interest held by a person, that person’s spouse, or minor children, which is an ownership interested in a business, corporation, partnership, sole proprietorship, firm, or organization.
- “Controlling Interest” means an interest which is greater than fifty percent (50%) and shall include aggregate interest of a person, that person’s spouse, or minor children. (Added by vote, March 1, 1994.)
Section 9-2 Disclosure and Voting. Any elected official having a financial interest or possible financial interest in the outcome of any policy, decision, or determination before the governing body shall, within a reasonable time after such interest becomes apparent and in no case later than at the time of the taking of the vote on an issue in which he has a financial interest or possible financial interest, disclose to each of the other members of the governing body the nature of the financial interest or possible financial interest and the disclosure shall be recorded in the minutes of the meeting. Disclosure of financial interest or possible financial interest shall not disqualify the elected official from voting on the issue unless a majority of the remaining members determine that the elected official should not in propriety vote on the issue, or the elected official having a financial interest or possible financial interest voluntarily disqualifies himself. (Added by vote, March 1, 1994.)
Section 9-3 Contracts. The City shall not enter into any purchase, procurement, or contract involving services or property of a value in excess of five thousand and no/100 dollars ($5,000), exclusive of applicable taxes, on in the event of more than one purchase procurement, or contract which for the fiscal year will in the aggregate exceed the total sum of five thousand and no/100 dollars ($5,000) with any business in which an elected official has a controlling interest. Any purchase, procurement, or contract entered into by the City with a business in violation of this section is void. (Added by vote, March 1, 1994.)