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.
POWERS
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.
ELECTORATE
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.
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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.
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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.
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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.
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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:
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Seeking election to that same office for two (2) additional
subsequent consecutive terms;
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Being appointed to fill the same office after holding that
office for the two (2) immediate proceeding terms.
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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.)
CITY COMMISSION
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:
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Pass all ordinances and other measures conducive to the
health, safety and welfare of the City;
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Carry out the provisions of this Charter;
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Perform all acts required for the general welfare of the
City;
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Create all offices and departments necessary for proper
carrying on of the work of the City; and
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Appoint a City Manager and hold him responsible for the
proper and efficient administration of City Government.
MAYOR
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:
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Shall preside at all meetings of the Commission and perform
other duties, consistent with his/her office, as imposed by the Commission;
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Is the official head of the City for all ceremonial purposes
and for all military purposes; and
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Has the right to vote only in the event of a tie vote of
the commission.
Transition
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.)
MANAGER
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:
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Enforce and carry out all ordinances, rules and regulations
adopted by the Commission;
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Employ and discharge employees of the City;
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Prepare and submit an annual budget to the City Commission;
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Make recommendations to the City Commission concerning the
welfare of the City; and
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Be the person, or his designated agent, for the purpose
of civil process.
CHARTER
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.
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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:
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.)
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