ToadBook

Time to hit the truth button. It's been said but it needs to be noted.

• If our Council doesn't follow the ordinances why should we?
• What other rules are they breaking?
• If our Council doesn't behave with decorum why should we?
• If Councilors yell at the Mayor and attorneys trying to keep order when does Village get business completed? (Need a hint? It doesn't!)

Know This: When you read ordinances the word SHALL is mandatory (1-2-1)

Know This: There are consequences for NOT following the laws. 0-90 days in jail and fines up to $500.

2-2-2 4 (d) Enforcement. The Chief of Police or ... shall carry out all orders of the presiding officer for the purpose of maintaining the order and decorum of the session. Upon orders from the presiding officer, it shall be the duty of the sergeant-at-arms to place any person who violates the provisions of this section under arrest and cause him to be prosecuted upon the complaint of the presiding officer in the Municipal Court...

I'm gonna leave this here: How embarrassing that our Council can't behave.

2-2-2 4. Decorum. (a) The Mayor shall preserve the order and decorum, decide all questions of order and conduct the proceedings of the meetings in accordance with the parliamentary rules contained in Robert's Rules of Order, Newly Revised unless otherwise provided by ordinance.

(b) Councilors. While the governing body is in session, the members shall observe order and decorum and neither delay nor interrupt the proceedings of the Council nor disturb any member while speaking nor refuse to obey the orders of the Council or its presiding officer.

(c) Public. While the governing body is in session, no person shall act in a disorderly manner nor, while addressing the governing body, shall any person make any personal, impertinent or slanderous remarks. The presiding officer may bar anyone acting improperly from continuing his address to the governing body.

Get Educated - Meetings and Agendas

Know This: You can not roll any old way as a Councilor at a Council Meeting. There are rules in place. At a minimum decorum and professionalism should play a roll.

Let's Play a Game

Ask yourself these questions and see if you are correct. The Village ordinances that govern these answers are included. .

And more importantly – ask yourself these questions and see if the Council is behaving correctly.

Q. In what manner is Village business conducted?

A. 2-2-2 B. 1 It is the intent that a meeting be conducted on as informal basis as is practicable to expedite Village business. Business will be conducted generally following good parliamentary procedure at the discretion of the presiding officer.

Know This: https://en.wikipedia.org/wiki/Parliamentary_procedure Parliamentary Procedure means Councilors and Mayors can not roll any old way.

How embarrassing the way some people behave in meetings.

Q. Who runs the meetings? Who recognizes speakers and manages the meetings?

A. 2-1-2 A. Hint - separate powers! Yes! The Mayor!

Q. If a Councilor wants to speak what is the process?

A. 2-2-2 2b. Each Councilor desiring to speak shall address the presiding officer (the Mayor) and, after being recognized, confine himself or herself to debate, avoiding personalities and indecorous language

(Emphasis mine!)

Q. Are interruptions ok? Can a councilor or a Mayor interrupt at will?

A. 2-2-2 2c A Councilor having been recognized shall not be interrupted except to call him or her to order. If called to order, he or she shall cease speaking until the point of order is decided, after which he or she may proceed.

(Emphasis mine!) Know This: Yelling at the Mayor, Interrupting, Screaming "Point of Order" and not stopping the debate are all against our ordinances.

Yes! Really!

How embarrassing for us to have to watch Councilors yell at attorneys when they don't like the answer. (And remember attorneys are paid to keep everyone out of trouble by the way).

Isn't it time Councilors follow their own ordinances? Remember the ordinances are written by Councilors.

Mayor! Please! 2-2-2 B 1. Strict adherence to the following rules will, however, be invoked at the request of any member of the governing body at any time on any or all issues.

AGENDAS and MEETINGS – GET EDUCATED

Let’s Play a Game. Ask yourself these questions and see if you are correct.

And more importantly – ask yourself these questions and see if the Council is behaving correctly. The Village ordinances that govern these answers are included.

**Hint* Refer to previous education about separate powers.*

Q. Who Sets the Agenda in Bosque Farms for Council meetings?

A. The Clerk Administrator along with the Mayor. 2-2-2 A. 4. All reports, communications, ordinances, resolutions, contracts, documents, or other matters to be submitted to the governing body shall be delivered to the Clerk at least nine days prior to each meeting, whereupon the Clerk shall immediately arrange a list of such matters according to the order of business.

Q. Can the Council request to have something on the agenda?

A. Yes. See above. Also 2-2-2 A. 4. Additional items may be added to the agenda by majority consent of the members of the governing body.

KNOW THIS It does not say they MUST be added prior to the meeting. The idea of having a rolling quorum being illegal is still relevant. This means the Council has to be VERY CAREFUL how they "demand" items be on the agenda (their words!)

Q. Is there a set order to the agenda? A. Yes. See 2-2-2 C.

Q. Who works with other governments? A. 2-6-4 D. Coordinates and/or serves as liaison to the public or other agencies in the development and implementation of special programs and projects as assigned by the Mayor. And 2-1-2 B. 3. The Mayor.

Q. What does the Mayor Pro-Tem Do? A. 2-1-3 NOTHING until the Mayor is unable to do his/her job.

KNOW THIS Insisting you be called Mayor Pro-Tem is just grandstanding.

KNOW THIS There is no Mayor Pro-Tem until there is a Mayor Pro-Tem.

Get Educated: This is a Latin phrase pro tempore, meaning for the temporary moment. So until you must stand in as Mayor, you are ONLY a Councilor. Period. Only when the mayor is unavailable are you Mayor Pro-Tem.

** **

When you do not understand WHY we separate powers then it's easy to overlook when people in power don't behave in the way they should.

New Mexico Constitution Art. III, § 1. Separation of powers Bosque Farms Ordinances U.S. Constitution.

The Supreme Court has said this in other rulings about Separating Powers. In reaching this result, the court posited that multi-headed bodies were favored in the government structure, and attributed this to the Framers’ wisdom:

The Framers recognized that, in the long term,
structural protections against abuse of power were critical to preserving liberty … Their solution to governmental power and its perils was simple: divide it.

In particular, according to the court:

The Framers viewed the legislative power as a special threat to individual liberty, so they divided that power to ensure that “differences of opinion” and the “jarring of parties” would “promote deliberation and circumspection” and “check excesses in the majority.”

But the court then went on to describe the executive branch as unique among the three branches:

By contrast, the Framers thought it necessary to secure the authority of the Executive so that he could carry out his unique responsibilities.

(Seila Law LLC v. Consumer Financial Protection Bureau) (Bold by me)

Constitution 101 Video.

https://constitutioncenter.org/education/videos/constitution-101-separation-of-powers

This is not a SMALL thing. Separating Powers - it's a Federal Constitution thing.

SEPARATING POWERS – GET EDUCATED

Are you educated yet?

• Mayor - Executive Branch. This include the Police, the employees in the front office, the Clerk Administrator and the Treasurer.
• Councilors - Legislative Branch.
• Judge - Judicial Branch. This include the court clerks.

Do you understand what is happening in the Council Chambers is all kinds of wrong?

KNOW THIS

What this means is that the Council can not act as a Mayor.

Councilors are NOT mayors.

Councilors do not have the right to fire or hire employees. They approve the hiring and firing and that itself is a budgetary issue (Do we have the money to hire someone? Can we handle any lawsuits that would happen if we fire someone? Will hiring this person cause future problems?)

They do not have the right to run the meetings. (State law, Village Ordinances and Federal Law covers this). They have the right to debate with decorum and to have their one vote.

Councilors do not have the right to agree to vote a certain way in public at other meetings so other communities can make decisions that impact the Village. (Ahem, cough cough Councilors)

Councilors are NOT allowed to boss employees around. So no requests 'come fill my pool with city water please'. No rolling down your window at a traffic stop and saying 'I know the police chief'.

Know This: This was obtained via Open Meeting Request. (Otherwise known as an IPRA request sometimes).

This ethics complaint was filed by a Clerk Administrator against a Councilor.

How embarrassing.