Mike Williams, who has submitted a letter of interest in filling the Mayor’s seat, as well as Kathy Norton, who has sent letters supporting Williams’ bid for mayor, said the seat could have been on the ballot at the Sept. 4 meeting. However, it is clear the Council was prohibited by state law.
First, according to Sierra County Clerk Shelly Trujillo, who runs the “Regular Local Elections,”as titled in state law, said the state passed a new election law giving cities the choice of continuing to hold their own elections or letting the county combine them with regular local elections. The cities had to decide by Jan. 31, 2019.
If the city handed elections over to the county, their elections would change from March to November and their seating of winning candidates from March to January. Cities were given a choice. They could extend the current city board members’ terms from March 2020 to Jan. 1, 2022, with elections held November 2021. Or, they could shorten the terms from March 2020 to Dec. 31, 2019, with elections held November 2019.
Elephant Butte and the Village of Williamsburg both chose to let the county run regular local elections and both opted to extend board members’ terms, saving thousands of dollars in elections costs. The City of Truth or Consequences will still run their own city-commission elections, three seats opening in March 2020.
The option for putting the mayor’s seat on the ballot disappeared when the Elephant Butte City Council opted for extended terms, said Trujillo. It was an irreversible decision.
Elephant Butte Attorney Charles Rennick said the election options were on the Jan.9, 16 and 23 council-meeting agendas with minutes of those discussions on the website.
When Elephant Butte’s city council made the opt-in/extended-terms decision, they had no idea Mayor Eunice Kent was going to resign, effective March 6, 2019.
Kent didn’t know either, she said, in a recent interview. Family issues came up that “became too much,” and she wanted to pursue personal interests. After 11 years of service, she decided to resign before her March 2020 term was up.
No special election is possible either. State law makes no provision for holding a special election for a city-mayor’s seat, according to Rennick.
In addition, Elephant Butte’s mayor-council form of government is different from Truth or Consequences’ city manager-council form of government. The mayor has greater powers, is elected by the people and the position is separate from council seats that fill in the order of highest vote. Therefore Elephant Butte does not have an open council seat; it has an open mayor’s seat that must be filled.
Mayor Pro-Tem Edna Trager said they have received three letters of interest from electors interested in filling a city council seat, but none are open, and won’t be, unless the mayor position is filled by a council member.
In lieu of an election, the city council has the power to fill the mayor’s seat by a majority vote. Eligible candidates must be Elephant Butte voters. Three people have submitted letters of interest, Kim Skinner and Edna Trager, both council members, and Mike Williams.
The council has taken two votes on the candidates. Both times Williams’ name was not put forward by anyone on the board. Both times Skinner and Trager got two votes each, ending in a tie, “in which case a person is not selected and the mayor pro tem continues to serve,” said Attorney Rennick. The mayor pro-tem is Trager.
The city council passed a motion to delay any further vote until October 16, “because we were dealing with the audit, the budget and changing staff,” said Trager, in a recent interview.
If the mayor’s seat is filled by a council member, filling the resulting vacated council seat is a different process. According to Rennick, “If a council seat becomes open, the mayor appoints a new councilor with the advice and consent of the council, i.e., the council has to approve the appointment. The person appointed would serve until the next Regular Local Election, which in this case would be November, 2021. At that time, the position would be on the ballot for election by the voters to fill the remaining unexpired term of the original councilor, if any. Note that this is different from filling a mayor’s position. That person, when elected by the council, serves out the entire unexpired term of the original mayor, without an intervening election.”
Mike Williams’ phone number is unpublished and other attempts to reach him for comment were not successful by press time.