Empathy List Archives

AK

Amanda Karras

Thu, Jan 20, 2022 11:37 AM

A member is looking for examples of local ordinances concerning disciplinary process/actions for local elected officials short of removal from office by the body or recall by the electorate. If you have such a local provision, please send it to me at akarras@imla.org mailto:akarras@imla.org and I will pass it along.

Thank you,

Amanda

Amanda Kellar Karras
Executive Director / General Counsel
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

A member is looking for examples of local ordinances concerning disciplinary process/actions for local elected officials short of removal from office by the body or recall by the electorate. If you have such a local provision, please send it to me at akarras@imla.org<mailto:akarras@imla.org> and I will pass it along. Thank you, Amanda Amanda Kellar Karras Executive Director / General Counsel P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR!

LA

Leaphart, Alvin

Thu, Jan 20, 2022 8:50 PM

The recall provisions in our home rule Charter just cites the authority and process in the state constitution for recalling an elected official.

"An elected official of the County is subject to recall by the voters of the County in accordance with the provisions of Article 10, Section 9 of the New Mexico Constitution providing for recall on the grounds of malfeasance or misfeasance in office or violation of the oath of office by the official concerned, and any State law applicable thereto."

Los Alamos County, New Mexico Code of Ordinances Sec. 702

The procedure for recall is outlined in the state constitution. Under this process a showing must first be made to a district court judge that the elected official has engaged "malfeasance" in office. Only upon approval of the district court judge can the canvassing for the recall petition start.

Because recall directly touches upon the franchise, and overrules the decision of the electorate I have always been leery of local laws adopted via home rule powers or otherwise that allow a governing body to remove another elected from the same governing body. I have not researched this topic to any depth, but I would look to the state constitution first to determine whether there is a process there to use as there is here in New Mexico.

Also, if this can be done locally I would think it would need to be by Charter amendment rather than merely enacting a ordinance by majority vote. To me deciding the whether and how to remove a duly elected official should require the "consent of the governed" as expressed in constitutions and to some degree home rule charters. But I would be very leery of latter unless I found very solid and controlling legal precedent allowing it. Seem like a hornets next of voting rights issues.

J. Alvin Leaphart
County Attorney
Incorporated County of Los Alamos
1000 Central Ave., Ste. 340
Los Alamos, New Mexico 87544
Phone (505) 662-8020
Fax (505) 662-8019

From: Amanda Karras akarras@imla.org
Sent: Thursday, January 20, 2022 4:38 AM
To: 'Municipal Attorney List' ATTY-LIST@LISTSERV.MUNICODE.COM; cityattorneys@lists.imla.org; counties@lists.imla.org
Subject: [EXTERNAL][Counties] Local Ordinance re: Disciplinary Process for Elected Officials

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

A member is looking for examples of local ordinances concerning disciplinary process/actions for local elected officials short of removal from office by the body or recall by the electorate. If you have such a local provision, please send it to me at akarras@imla.org mailto:akarras@imla.org and I will pass it along.

Thank you,

Amanda

Amanda Kellar Karras
Executive Director / General Counsel
P: (202) 466-5424 x7116
Email: akarras@imla.org mailto:akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

The recall provisions in our home rule Charter just cites the authority and process in the state constitution for recalling an elected official. "An elected official of the County is subject to recall by the voters of the County in accordance with the provisions of Article 10, Section 9 of the New Mexico Constitution providing for recall on the grounds of malfeasance or misfeasance in office or violation of the oath of office by the official concerned, and any State law applicable thereto." Los Alamos County, New Mexico Code of Ordinances Sec. 702 The procedure for recall is outlined in the state constitution. Under this process a showing must first be made to a district court judge that the elected official has engaged "malfeasance" in office. Only upon approval of the district court judge can the canvassing for the recall petition start. Because recall directly touches upon the franchise, and overrules the decision of the electorate I have always been leery of local laws adopted via home rule powers or otherwise that allow a governing body to remove another elected from the same governing body. I have not researched this topic to any depth, but I would look to the state constitution first to determine whether there is a process there to use as there is here in New Mexico. Also, if this can be done locally I would think it would need to be by Charter amendment rather than merely enacting a ordinance by majority vote. To me deciding the whether and how to remove a duly elected official should require the "consent of the governed" as expressed in constitutions and to some degree home rule charters. But I would be very leery of latter unless I found very solid and controlling legal precedent allowing it. Seem like a hornets next of voting rights issues. J. Alvin Leaphart County Attorney Incorporated County of Los Alamos 1000 Central Ave., Ste. 340 Los Alamos, New Mexico 87544 Phone (505) 662-8020 Fax (505) 662-8019 From: Amanda Karras <akarras@imla.org> Sent: Thursday, January 20, 2022 4:38 AM To: 'Municipal Attorney List' <ATTY-LIST@LISTSERV.MUNICODE.COM>; cityattorneys@lists.imla.org; counties@lists.imla.org Subject: [EXTERNAL][Counties] Local Ordinance re: Disciplinary Process for Elected Officials CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. A member is looking for examples of local ordinances concerning disciplinary process/actions for local elected officials short of removal from office by the body or recall by the electorate. If you have such a local provision, please send it to me at akarras@imla.org<mailto:akarras@imla.org> and I will pass it along. Thank you, Amanda Amanda Kellar Karras Executive Director / General Counsel P: (202) 466-5424 x7116 Email: akarras@imla.org<mailto:akarras@imla.org> [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR!

LA

Leaphart, Alvin

Thu, Jan 20, 2022 9:02 PM

Never mind my previous email. It addressed removal from office.

We have a code of conduct that applies to staff and elected officials, but it is quite vague on sanctions and that is a good thing.

I believe an elected body has the inherent authority to censure its members and that's about it until you get to a recall.

I would be leery of fines or anything that puts conditions on the ability to cast a vote on behalf the electorate. If people want to elect a scoundrel they have the right to do so and unless that elected scoundrel does something warranting removal from office (or going to prison) the elected scoundrel should not be treated as a second-class elected official as this in turns make the elected scoundrel's constituency second-class citizens by diminishing the power of their vote.

J. Alvin Leaphart
County Attorney
Incorporated County of Los Alamos
1000 Central Ave., Ste. 340
Los Alamos, New Mexico 87544
Phone (505) 662-8020
Fax (505) 662-8019

From: Amanda Karras akarras@imla.org
Sent: Thursday, January 20, 2022 4:38 AM
To: 'Municipal Attorney List' ATTY-LIST@LISTSERV.MUNICODE.COM; cityattorneys@lists.imla.org; counties@lists.imla.org
Subject: [EXTERNAL][Counties] Local Ordinance re: Disciplinary Process for Elected Officials

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

A member is looking for examples of local ordinances concerning disciplinary process/actions for local elected officials short of removal from office by the body or recall by the electorate. If you have such a local provision, please send it to me at akarras@imla.org mailto:akarras@imla.org and I will pass it along.

Thank you,

Amanda

Amanda Kellar Karras
Executive Director / General Counsel
P: (202) 466-5424 x7116
Email: akarras@imla.org mailto:akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

Never mind my previous email. It addressed removal from office. We have a code of conduct that applies to staff and elected officials, but it is quite vague on sanctions and that is a good thing. I believe an elected body has the inherent authority to censure its members and that's about it until you get to a recall. I would be leery of fines or anything that puts conditions on the ability to cast a vote on behalf the electorate. If people want to elect a scoundrel they have the right to do so and unless that elected scoundrel does something warranting removal from office (or going to prison) the elected scoundrel should not be treated as a second-class elected official as this in turns make the elected scoundrel's constituency second-class citizens by diminishing the power of their vote. J. Alvin Leaphart County Attorney Incorporated County of Los Alamos 1000 Central Ave., Ste. 340 Los Alamos, New Mexico 87544 Phone (505) 662-8020 Fax (505) 662-8019 From: Amanda Karras <akarras@imla.org> Sent: Thursday, January 20, 2022 4:38 AM To: 'Municipal Attorney List' <ATTY-LIST@LISTSERV.MUNICODE.COM>; cityattorneys@lists.imla.org; counties@lists.imla.org Subject: [EXTERNAL][Counties] Local Ordinance re: Disciplinary Process for Elected Officials CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. A member is looking for examples of local ordinances concerning disciplinary process/actions for local elected officials short of removal from office by the body or recall by the electorate. If you have such a local provision, please send it to me at akarras@imla.org<mailto:akarras@imla.org> and I will pass it along. Thank you, Amanda Amanda Kellar Karras Executive Director / General Counsel P: (202) 466-5424 x7116 Email: akarras@imla.org<mailto:akarras@imla.org> [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR!