CHARTER OF THE
CITY OF GALLUP, McKINLEY COUNTY, NEW MEXICO1


ARTICLE I

INCORPORATION, FORM OF GOVERNMENT,
POWERS, SEAL

Section 1. Incorporation And Powers

The municipal corporation now existing and known as the city of Gallup within its present boundaries as now established or as hereinafter established in the manner provided by law, shall remain and continue in perpetuity to be a body politic and corporate. It shall possess all powers granted to municipal corporations under the statutes of New Mexico and not contrary to the provisions of this charter or granted by the constitution of the state of New Mexico and such other powers as are consistent with the constitution of the state of New Mexico and contained herein. The city was incorporated under chapter 32, session act of 1891, in the territory of New Mexico but notwithstanding such incorporation, the said municipality shall hereafter be known as the "city". (amd. Res. 96-26, 3-7-1997)

Section 2. Form Of Government

The municipal government provided by this charter shall be known as the "council-manager government". Pursuant to its provision and subject only to the limitations imposed by the state constitution and by this charter, all powers of the city shall be vested in an elective council, hereinafter referred to as "the council". The council's powers shall include the power to enact local legislation; adopt budgets; determine policy; and appoint the city manager and such other officers and employees deemed necessary and proper for orderly government and administration of the affairs of the city. All powers of the city shall be exercised in the manner prescribed by this charter, or if the manner be not prescribed; then in such manner as may be prescribed by ordinance or state statute.

Section 3. Powers Of City

The city may exercise all legislative powers and perform all functions not expressly denied by general law or charter. This grant of powers shall not include the power to enact private or civil laws governing civil relationships except as incident to the exercise of an independent municipal power. No tax imposed by the governing body of a charter municipality, except a tax authorized by general law, shall become effective until approved by a majority vote of the charter municipality. The purpose of this section is to provide for maximum local self-government. A liberal construction shall be given to the powers of municipalities. (amd. Res. 96-26, 3-7-1997)

Section 4. Corporate Seal

The city shall have the power and authority to adopt by ordinance a city seal which shall be in the custody of the city clerk.


ARTICLE II

COUNCIL, MEMBER, NUMBER, ELECTION, TERMS

Section 1. Number, Selection

The council shall consist of the mayor elected from the city at large and four (4) councilors elected from the council districts created by ordinance. (amd. Res. 96-24, 3-7-1997)

Section 2. Officers

A. Elected Officers: The elected officers of the city of Gallup shall be a mayor, four (4) councilors, and municipal judge. Except as hereinafter provided, the term of office of such officers shall be four (4) years for the office of mayor and four (4) years for each councilor. The term of the municipal judge shall be the same as provided by state law. The terms of councilors shall be staggered so that two (2) councilors shall be elected every two (2) years for a four (4) year term. (At the time of adoption of this charter amendment, the existing mayor, councilors and municipal judge shall continue in their respective offices until the expiration of their respective elective term, subject to the provisions of recall, as hereafter provided.) (amd. Res. 96-24, 3-7-1997)

The election of these municipal officers shall be conducted in the manner provided in this charter and as provided by New Mexico state law. All elective officers shall hold office for the period to which they were elected and until their successors are duly elected and qualified.

B. City Attorney: The city council shall appoint the city attorney who shall serve at the pleasure of the city council and at a compensation fixed by the city council. The city council may retain special counsel upon its own motion or upon the request of the city attorney. (amd. Res. 87-9, 1-26-1987)

The city attorney shall be the chief legal counsel to the city and the legal advisor to the city council, city manager, all departments of the city and boards and commissions. The city attorney shall perform such other duties as the city council may direct. (amd. Res. 87-9, 1-26-1987)

(a) Removal Of Appointive Officers: By the concurrent vote of a majority of the elected members of the council, any appointive officer of the corporation may be removed from office. Any officer removed may, within ten (10) days after his discharge, demand written charges and a right to be heard thereon at a public meeting of the council. Such hearing shall be granted by the council within ten (10) days after such a demand. Any officer removed shall immediately vacate his office. He shall be paid his usual salary for thirty (30) days following the date of his removal plus any other compensation otherwise due him. The action of the council in removing such officer shall be final. (amd. Res. 96-24, 3-7-1997)

C. Oath Of Office: Each person elected or appointed to hold an office of the city of Gallup, shall, before entering upon the duties of such office, take and subscribe to the official oath. (amd. Res. 96-24, 3-7-1997)

Section 3. Qualifications

The mayor, councilors, and municipal judge shall be legal residents of the state and qualified electors therein. The qualifications of municipal judge may be set by ordinance of the city of Gallup. (amd. Res. 87-11, 1-26-1987)

Section 4. Salaries Of Mayor And Councilors

The salary of the mayor shall be twenty one thousand dollars ($21,000.00) annually. The salary of each city councilor shall be fifteen thousand dollars ($15,000.00) annually. The salaries shall be paid in monthly installments. (amd. Ord. C95-1, 1-10-1995)

All other salaries of the officers and the city manager shall be provided in the manner prescribed by ordinance. The salaries shall be paid in semi-monthly installments until increased or decreased by ordinance, and said ordinance shall not increase or decrease the mayor's, councilor's, or municipal judge's salary during his current term. (amd. Res. 87-8, 1-26-1989)

Section 5. Judge Of Members

The council shall be the judge of the election and qualification of its members and for such purposes shall have the power to subpoena witnesses and require production of records but the decision of the council in any such case shall be subject to review by the courts.

Section 6. Duties Of The Mayor

The mayor of the city of Gallup shall be the presiding officer of the council and shall be the official head of the city. He shall sign all bonds, warrants and other official documents. He shall exercise and perform all duties imposed upon him by this charter, by state law and the ordinances of the city, and resolutions of the council. The mayor having a vote the same as other members of the city council shall not have veto powers. (Res. R2012-32, 7-24-2012)

Section 7. Absence To Terminate Membership

A. If the mayor or any councilor shall be absent for more than three (3) consecutive regular meetings without the consent of the council, he shall thereupon cease to hold office.

B. Upon such vacancy in the office of the mayor or councilor, the vacancy shall be duly noted in the official minutes of the council and such officer notified of his removal.

Section 8. Filling Of Vacancies

When a vacancy occurs in the office of mayor more than one year prior to the expiration of the mayor's term, it shall be filled by a special election, the first notice of which shall be published within thirty one (31) days. The qualified elector that is successfully elected as a result of the special election shall serve as mayor for the remainder of the vacant term. If the vacancy occurs less than one year prior to the next regular municipal election for the office of mayor, the duly elected standing mayor pro tempore shall become mayor. When a vacancy occurs in any other office, the council, by majority vote of its remaining membership, shall within thirty one (31) days fill the vacancy of the office until the next regular municipal election, at which time a qualified elector shall be elected to fill any unexpired term. (Res. R2012-33, 7-24-2012)

Section 9. Duties Of City Clerk

The city clerk shall give notice of meetings, shall keep the journal of its proceedings, shall authenticate by his signature and record in full a book kept for the purpose of ordinances and resolutions and shall perform such other duties as shall be required by this charter or as otherwise required by law not in conflict with this charter.

Section 10. Procedure Of Council

The council, by ordinance, shall determine its own rules and order of business. It shall keep a journal of its proceedings. It shall hold meetings regularly at such times as the council shall determine but in no event less than once a month. It shall elect from its membership a standing mayor pro tempore who, in the absence or incapacity of the mayor, shall have the same power and duties as mayor; provided that in the absence or incapacity of both the mayor and standing mayor pro tempore, a remaining quorum of the council may elect an interim mayor pro tempore who shall act only until the mayor or, in the absence or incapacity of the mayor, the standing mayor pro tempore can act. All meetings of the council shall be open to the public except those closed in compliance with state law.


ARTICLE III

THE CITY MANAGER

Section 1. Appointment, Removal And Salary

The city manager shall be the chief administrative officer of the city. The city council, by a majority vote of all members, shall appoint the city manager, who shall serve at the pleasure of the city council and at a salary fixed by the city council. The city council shall appoint a city manager within a reasonable time after a vacancy exists in the position. The city manager shall be chosen on the basis of executive and administrative qualifications with particular emphasis on actual experience and knowledge of the duties of the office. (amd. Res. 87-10, 1-26-1987)

During the period of any vacancy or extended absence in the office of the city manager, the city council shall appoint an acting city manager. The city manager may appoint an employee of the city as acting city manager during the temporary absence of the city manager. Any acting city manager shall have all responsibilities, duties and authority of the city manager during a vacancy in office or during the temporary absence or disability of the city manager. (amd. Res. 87-10, 1-26-1987)

Section 2. Powers And Duties

The city manager shall be responsible to the council for the proper administration of all the affairs of the city and to that end, subject to the provisions of this charter, he shall have the power to and be required to:

(a) Devote his entire time to the discharge of his official duties, prepare the agenda for and attend all meetings of the council unless excused therefrom by mayor or council.

(b) Prepare the budget annually, submit to the council and be responsible for its administration after its adoption.

(c) Prepare and submit to the council, at the end of each fiscal year, a complete report of finances and administrative activities of the city for the preceding year. (amd. Res. 96-24, 3-7-1997)

(d) Keep the council advised at all times of financial conditions and future needs of the city.

(e) Employ and discharge all employees of the city pursuant to personnel ordinance of the city. (amd. Res. 96-24, 3-7-1997)


ARTICLE IV

BUDGET AND BORROWING FOR CAPITAL IMPROVEMENTS

Section 1. Fiscal Year

The fiscal year of the city government shall begin on the first day of July of each calendar year and shall end on the last day of June of the next succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this charter, the term budget year shall mean the fiscal year for which any particular budget is adopted and in which it is administered.

Section 2. Preparation And Submission Of Budget

The city manager, at least forty (40) days prior to the beginning of each budget year, shall submit to the council a budget and an explanatory budget message.

Section 3. Budget A Public Record

The budget and budget message and all supporting schedules shall be a public record in the office of the city clerk open to public inspection. The city manager shall cause sufficient copies of the budget and budget message to be prepared for distribution to interested persons and post at least one copy of the same upon a public bulletin board maintained in the city hall.

Section 4. Public Hearing On Budget

The council shall hold a public hearing on the budget as submitted, at which time all interested persons shall be given an opportunity to be heard, for or against the estimates of any item thereof.

Section 5. Further Consideration Of Budget

After the conclusion of such public hearing, the council may insert new items or may increase or decrease the items of the budget.

Section 6. Vote Required For Adoption

The recommended budget shall be adopted by the favorable votes of a majority of all the members of the council.

Section 7. Date Of Final Adoption; Failure To Adopt

The recommended budget shall be adopted not later than the first day of June of the fiscal year and submitted to the state for approval as required by law.

Section 8. State Hearing Open To Public

(rep. Res. 96-24, 3-7-1997)

Section 9. Effective Date Of Budget; Certification; Copies Made Available

Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be certified by the city clerk. Sufficient copies of the certified budget shall be available in the finance office at city hall for the use of all city offices, departments or agencies and for the use of interested persons and civic organizations. (amd. Res. 96-24, 3-7-1997)

Section 10. Budget Summary

At the head of the budget there shall appear a summary stating the sources of anticipated revenue and expenditures, written in such a manner as to present a simple and clear summary of the detailed estimates of the budget.


ARTICLE V

RECALL, INITIATIVE AND REFERENDUM

Section 1. Recall; Petition; Election; Ballot; Effect; Filling Vacancies

(A) Any elective officer of the city shall be subject to a recall election at any time, except as hereinafter provided. The petition for the recall election must be signed by a number of qualified voters of the city equal in number to twenty percent (20%) of the total number of qualified voters of the city that voted on the office of governor at the last preceding general election. The election must be held within thirty (30) days of the filing of a good and sufficient petition unless a regular city election occurs within sixty (60) days, in which case such recall election shall be held at the regular election. At such recall election, there shall be a special ballot containing the name of the officer, the position which he holds and the dates of the beginning and termination of his official term. Below the name and title of the officer shall be the two (2) phrases, "for the recall" and "against the recall", one below the other, with a space after each for the placing of a cross where desired. If a majority of the ballots and a number equal to a majority of the ballots cast at the election of the officer whose recall is proposed, show a vote for the recall, the office in question shall be thenceforth vacant.

(B) If an officer is recalled as provided for above, he shall not be eligible for reelection until the term for which he was originally elected shall have expired.

(C) If a recall election results in a failure to secure the required majority of votes in favor of the recall, the officer in question shall not again be subjected to recall until after the expiration of six (6) months from the time at which the first recall election was held.

(D) Vacancies created by a recall election shall be filled in the same manner as is provided for the filling of vacancies in the governing body due to other causes; provided, that if the mayor and all councilors are recalled at one election, the city clerk, or if there be no city clerk, the district judge of the judicial district in which such city is located shall within three (3) days call an election to be held in accordance with the provisions specified in this charter for the election of the mayor and councilors at regular elections.

Section 2. Referendum; Actions Subject To Petition; Election

(A) No ordinance shall, unless it be declared an emergency measure on the ground of urgent public need, go into effect until thirty (30) days after its passage. If at any time within said thirty (30) days, a petition signed by a number of qualified voters of the city equal in number to twenty percent (20%) of the total number of qualified voters of the city that voted on the office of governor at the last preceding general election is presented to the governing body asking that the measure in question be submitted to a vote of the people for adoption or rejection, said measure shall not go into effect until an election shall have been held as petitioned and; provided, that if a measure in question be submitted to a vote of the people for adoption or rejection, said measure shall not go into effect until an election shall have been held as petitioned and; provided, that if a measure be declared an emergency measure, as provided herein, it shall go into effect at once, subject to repeal by an adverse majority at the election. An emergency measure must be adopted by a four-fifths (4/5) vote of all members of the city council. It shall be the duty of the governing body of the city to provide for such election within thirty (30) days of the filing of the petition unless a regular city election occurs within sixty (60) days, in which case the voters shall vote on the referendum at the regular election.

Section 3. Ballot On Referendum; Effect Of Result; Repeal Of Emergency Measure

At such an election, the ballot shall contain the text of the measure in question, and below the 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 are against the measure, it shall be of no effect. If a majority of the votes cast be for the measure, it shall go into effect immediately following the canvass of the election, the result being made final and legal publication completed.

Section 4. Initiative; Petition; Failure Of Commission To Adopt; Election; Ballot; Result

(A) Upon petition signed by a number of the qualified voters of the city equal in number to twenty percent (20%) of the total number of qualified voters of the city voting on the office of governor at the last preceding general election, any measure may be proposed to the governing body of the city for enactment within thirty (30) days of the time of filing the petition containing the proposed measure. If the governing body of the city either fails to act at all, acts adversely, or amends the proposed measure, it shall be their duty to call an election within thirty (30) days for submitting the measure to a vote of the people, unless a regular city election occurs within sixty (60) days, in which case the voters shall vote upon the measure at the regular election.

(B) At such election, the ballot shall contain the proposed measure as originally submitted and the measure as amended, if amended by the governing body of the city. After each of these measures, there shall be printed the words "For Proposed Measure or Measures" and "Against Proposed Measure or Measures" with a space for the voter to indicate his preference. (amd. Res. 96-24, 3-7-1997)

(C) If a majority of the votes cast at the election are in favor of the measure in its original form or its amended form, it shall be declared in effect as adopted. If neither measure receives a majority of the votes cast neither shall be in effect.

Section 5. Form Of Petitions; Committee Of Petitioners

All petition papers circulated for the purposes of an initiative, referendum or recall shall be uniform in size and style. Initiative petition papers shall contain the full text of the proposed ordinance. Each signer of any such petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of the same five (5) electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all the signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be.

Section 6. Filing, Examination And Certification Of Petition

All papers comprising a recall, an initiative or referendum petition shall be assembled and filed with the city clerk as one instrument. Within ten (10) days after a petition is filed, the city clerk shall determine whether each paper of the petition is in proper form, and whether the petition is signed by a sufficient number of qualified electors. After completing his examination of the petition, the city clerk shall certify the result thereof to the council at its next regular meeting and in no event later than twenty (20) days after filing of petitions.

Section 7. Amendment Of Insufficient Petitions

A recall, referendum or initiative petition may be amended at any time within ten (10) days after the notification of insufficiency has been sent by the city clerk, by registered mail to each of the five (5) members of the petitions committee as hereinabove provided, by filing a supplementary petition upon additional papers signed and filed as provided in the case of an original petition. The city clerk shall, within five (5) days after such an amendment is filed, make examination of the amended petition, and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the committee of petitioners of his findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.

Section 8. Repealing Ordinances

Initiative and referendum ordinances adopted or approved by the electors shall be legally published and may be amended or repealed by the council, as in the case of other ordinances.

Section 9. Filing Date

For the purposes of all sections of article V, the term "filing of a petition" shall be deemed to be the date the city clerk certifies that a good and sufficient number of qualified electors signed a petition. (Res. 2007-03, 1-9-2007)


ARTICLE VI

NOMINATIONS AND ELECTIONS

Section 1. Municipal Elections

The regular election for the choice of mayor, municipal judge and members of the council shall be held on the second Tuesday in March of each odd-numbered year with commencement of the terms of the officers and the conduct of the elections being governed by state law, but in odd-numbered years. (Res. R2010-38, 12-14-2010)

Section 2. Regulations Of Elections

The council shall have the power and authority to make regulations which it considers needful or desirable, not inconsistent with this charter, for the conduct of municipal elections, for prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud; provided, that until such regulations have been adopted, the state law pertaining to the conduct of municipal elections shall apply. The city clerk shall have full authority to and shall conduct all municipal elections. The council shall have power to make any other provisions relating to the nomination of officers and to the conduct of elections neither repugnant nor contrary to the provisions of the laws of New Mexico or the provisions of this charter. (amd. Res. 2007-03, 1-9-2007)

Section 3. Qualifications Of Electors And Residence Of Candidates For Municipal Office

(A) Any person whose affidavit of voter registration has been filed by the McKinley County clerk, who is registered to vote in a general election precinct established by the board of county commissioners that is wholly or partly within the municipal boundaries and who is a resident of the municipality is a qualified elector of the municipality. Persons who would otherwise be qualified electors if land on which they reside is annexed to a municipality shall be deemed to be qualified electors as of the final effective date of the annexation. All candidates for municipal elective office shall be qualified electors as of the date of filing of their declaration of candidacy.

(B) For the purpose of determining the residence of a person desiring to be a candidate for the nomination or election to an office, permanent residence shall be resolved in favor of that place shown on the person's certificate of registration as the person's permanent residence, provided the person resides on the premises. Any questions regarding residence shall be resolved in accordance with the laws of the state of New Mexico. The city clerk and city attorney shall validate candidate residency. (Res. 2007-03, 1-9-2007)

Section 4. City Ballots

(A) The full names of all the candidates for each city office shall be printed on the official ballots.

(B) At 5:01 P.M., fifty four (54) days prior to the municipal election, the municipal clerk, in the presence of the certified candidates (or authorized representatives) who desire to be present, administers an impartial and fair drawing by lot to determine the order the candidates' names will appear on the ballot. The clerk will draw for any candidate who is not present. (amd. Ord. C95-1, 1-10-1995)

(C) The election shall be conducted in the manner prescribed by the statutes of New Mexico which do not conflict with the provisions of this charter.

Section 5. Voting Machines

The council shall have the power to provide for the use of mechanical or other devices for voting or counting the votes in accordance with the principles set forth in this charter.

Section 6. Runoff Elections

(A) If no candidate receives forty percent (40%) of the votes, plus one vote, cast for a particular office, a runoff election shall be held within thirty (30) days after certification of the results of the election. The two (2) qualified candidates who receive the highest number of votes cast for the office shall automatically become the candidates in a runoff election without filing a declaration of candidacy. (Res. R2012-34, 7-24-2012)

(B) The council shall, by resolution, fix the date of the runoff election and specify the offices to be filled and the names of the candidates therefor. The resolution shall be published once, at least seven (7) days before the runoff election date. No other publications are required in connection with runoff elections. Eligibility to vote in a runoff election shall be the same as in the original election for the particular office and only such voting precincts and procedures will be reactivated as are necessary to accommodate any runoff race. (added Res. 89-10, 3-14-1989)


ARTICLE VII

PLANNING, ZONING, HOUSING

Section 1. Power To Plan; Zone

The council shall have full power and authority to perform any act necessary, including the power to establish a planning commission for the city and such other agencies as may be required from time to time, to provide for planning, zoning, development, slum clearance, housing, housing rehabilitation, replanning, redevelopment and such other improvements and development of the city not prohibited by state or federal law and deemed necessary by the council. All ordinances existing pertaining to planning and zoning of the city are hereby ratified and confirmed.

Section 2. Board Of Appeals

The council may appoint a board of appeals to be composed of at least three (3) members, none of whom shall be a member of the planning commission or zoning commission. This board of appeals shall hear all complaints of recommended action taken or proposed action of the planning commission or zoning commission. Following a thorough and complete investigation of each complaint, the aggrieved person will be heard. The action or proposed action of the planning commission or zoning commission and such board of appeals may be overridden by a majority vote of all the members of the council.


ARTICLE VIII

GENERAL PROVISIONS

Section 1. Right Of City Manager And Other Officers In Council

The city manager, the heads of departments, and officers of the city shall be entitled to seats in the council, but shall have no vote therein. The city manager shall have the right to take part in the discussions of all matters coming before the council, and the department heads and other officers shall have the right to take part in all discussions of the council relating to their respective offices, departments or agencies.

Section 2. Investigations By Council Or City Manager

The council, the city manager, or any person or committee authorized by either of them and acting under their direction and control, shall have power to inquire into the conduct of any office, department, agency or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oath, and compel the production of books, papers, or other evidence. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered under provisions of this section shall constitute a misdemeanor.

Section 3. Publicity Of Records

All records and accounts of every office or agency of the city shall be open to inspection by any citizen, or any representative of the press at all reasonable times as required by law and under reasonable regulations established by the city manager.

Section 4. Effect Of This Charter On Existing Laws

(A) All laws and parts of laws as relating to or affecting the city of Gallup, in force when this charter shall take effect are hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this charter; otherwise, all other resolutions, ordinances, statutes, and laws whatsoever remain in full force and effect.

(B) Insofar as the provisions of the charter are the same in terms or in substance and effect as provisions of law in force when this charter shall take effect, relating to or affecting the city of Gallup, the provisions of this charter are intended to be not a new enactment but a continuation of such provisions of law, and this charter shall be so construed and applied.

Section 5. Amending The Charter

Amendments to this charter may be framed and submitted to the electors of the city by a charter commission in the manner provided by law for framing and submitting a new charter. Amendments may also be proposed and submitted by vote of a majority of the city council, or by a petition signed by a number of the qualified voters of the city equal in number to twenty percent (20%) of the total number of qualified voters of the city that voted on the office of governor at the last preceding general election. Such petition shall set forth the proposed amendment and be filed with the city clerk. Final adoption of the proposed amendment shall be ratified by a majority of qualified electors voting thereon and shall take effect thirty (30) days following the canvass and official determination by the council of the results of such election.

Section 6. Saving Clause

Should the courts of this or any other state of the United States declare any section, provision, paragraph, clause, sentence, phrase, or part thereof, of this charter invalid, unauthorized or unconstitutional, or in conflict with any other section, provision, paragraph, clause, sentence, phrase, or part thereof of this charter, then such decision shall affect only the section, provision, paragraph, clause, sentence, phrase, or part thereof, declared to be invalid, unauthorized or unconstitutional, and shall not affect any other part of this charter whatsoever. (amd. Res. 96-24, 3-7-1997)

Section 7. Discrimination

No individual shall be denied any civil or political right or privilege nor be discriminated against by practice or policy in municipal matters on account of his race, color, religion, national origin, gender, disability or age. (amd. Res. 96-24, 3-7-1997)


ARTICLE IX

SUCCESSION IN GOVERNMENT

Section 1. Rights Of Officers And Employees Reserved

Nothing in this charter contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the city or of any office, department or agency existing at the time when this charter shall take effect, or any provision of law in force at the time when this charter shall take effect and not inconsistent with the provisions of this charter, in relation to personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights or any other rights or privileges of officers (elective or appointive), or employees of the city, or any office, department or agency thereof.

Section 2. Continuance Of Contracts

All contracts entered into by the city, or for its benefit, prior to the taking effect of this charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or ordinances or resolutions existing at the time this charter takes effect, may be carried to completion as nearly as practicable in accordance with the provisions of existing laws, ordinances and resolutions.

Section 3. Pending Actions And Proceedings

No action or proceeding, civil or criminal, pending at the time when this charter shall take effect, brought by or against the city or any office, department or agency or officer thereof, shall be affected or abated by the adoption of this charter or by anything therein contained.

Section 4. When Provisions Take Effect

The provisions of this charter shall become effective sixty five (65) days after approval by a majority vote of the qualified electors of the city of Gallup.



Footnote 1: This Charter amended pursuant to Res. 3064, adopted by the electorate on April 7, 1981, and effective May 14, 1981.