Research Report
North Central Regional Transit District
(NCRTD) Organizing Pilot Project
NMDOT Project NM04MMT-04
Prepared for the
New Mexico Department of Transportation
Research Bureau
prepared by
ATR Institute
University of New Mexico
801 University Boulevard NE, Suite 302
Albuquerque, New Mexico 87106
(505) 246-6410, Fax (505) 246-6001
Internet: www.unm.edu/~atr
June 2005
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The ATR Institute (ATRI) recently
celebrated its 14th anniversary as a
nationally recognized research entity at the
University of New Mexico. The ATRI has a
history of dedicated service to agencies of
local, state, tribal, and federal governments,
private organizations, and people in
underserved communities. During our time
of existence, the ATRI has become an
acknowledged leader in the field of
transportation research.
Today, we continue to expand our expertise
into new and challenging endeavors. Using
an interdisciplinary approach, the ATRI is
making
profound
contributions
to
transportation policy in the areas of smart
growth, public transportation, research and
planning, environmental impacts, intermodal
transportation, rural transit, and public
policy research.
The ATR Institute collaborates with
government, academic, and private-sector
organizations interested in the unique
advantages and information products the
Institute is developing for the marketplace.
Science and Technology Park, University of New Mexico
801 University Boulevard SE, Suite 302
Albuquerque, New Mexico 87106-4342
Telephone: 505 246-6410 ™ Fax: 505 246-6001
Email: atr@unm.edu ™ Web Address: www.unm.edu/~atr/
Table of Contents
Page
Background ................................................................................................................................................. 1
Staffing........................................................................................................................................................ 3
NCRTD Process.......................................................................................................................................... 4
Certification Process ................................................................................................................................... 7
Creating and Distributing Information ................................................................................................. 7
Preparing for Transportation Commission Certification ...................................................................... 8
History of the NCRTD................................................................................................................................ 9
NCRTD Celebration ................................................................................................................................. 11
Building Political Support for the NCRTD ........................................................................................ 11
NCRTD Board of Directors Retreat.......................................................................................................... 12
Research Needs: Preparation of the Newly Appointed NCRTD Board ............................................ 12
NCRTD Board Meetings .......................................................................................................................... 14
Overview ............................................................................................................................................ 14
Monthly Board Meetings.................................................................................................................... 15
November 2004............................................................................................................................ 15
December 2004 ............................................................................................................................ 15
January 2005 ................................................................................................................................ 16
February 2005 .............................................................................................................................. 17
March 2005 .................................................................................................................................. 19
April 2005 .................................................................................................................................... 21
May 2005 ..................................................................................................................................... 22
NCRTD Board Committees ...................................................................................................................... 24
Finance Committee............................................................................................................................. 24
Staffing Committee ............................................................................................................................ 25
Additional Opportunities .......................................................................................................................... 26
Statewide NMDOT Agreement.......................................................................................................... 26
Non-Transit Applications of the NCRTD Process ............................................................................. 26
TRB Paper and Poster Session ........................................................................................................... 27
Legislative Agenda............................................................................................................................. 27
Research Needs: Legislative Support for the NCRTD ............................................................... 27
Other Activities......................................................................................................................................... 28
Summary of Major Challenges in Forming the NCRTD .......................................................................... 28
The Need for Government to Government Relationship and Consensus Building and
Creating an Inclusive and Equitable Partnership with Tribal Governments................................ 29
Establishing a Voting Strengths Formula Acceptable to Diverse Jurisdictions ................................. 30
Directing Control of Existing Transit Resources ............................................................................... 31
Addressing Issues of Costs, Funding, and the Budget ....................................................................... 31
Conclusion ................................................................................................................................................ 33
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Counties, Municipalities, and Pueblos Encompassed by the Counties of Rio Arriba,
Los Alamos, and Santa Fe ............................................................................................................ 35
NCRTD Boundary Map .................................................................................................................... 36
NCRTD Subcommittees’ Certification Timeline and Milestones..................................................... 37
NCRTD Celebration Invitation ......................................................................................................... 39
NCRTD Board of Directors............................................................................................................... 39
NCRTD PowerPoint Presentation ..................................................................................................... 40
Summary of Open Meeting Act Regulations .................................................................................... 53
Final NCRTD Intergovernmental Contract ....................................................................................... 56
Final NCRTD Board of Directors Bylaws ........................................................................................ 98
Meeting Agendas............................................................................................................................. 113
Sample Transit Fund Resolution ..................................................................................................... 122
NCRTD Job Ad and Description..................................................................................................... 123
New Mexico State Legislators and Related Transit Service Providers ........................................... 126
FTA Letter....................................................................................................................................... 131
CTAA Application .......................................................................................................................... 132
Memorandum of Agreement ........................................................................................................... 144
Fiscal Agent Agreement Draft......................................................................................................... 150
NCRTD Executive Director Contract ............................................................................................. 156
PERA Form ..................................................................................................................................... 163
Sample Letter to Congressional Delegation .................................................................................... 186
Letter to NMDOT............................................................................................................................ 187
Policies and Procedures Manual...................................................................................................... 188
Interview Schedule .......................................................................................................................... 215
Rejection Letter ............................................................................................................................... 218
Executive Director Press Release .................................................................................................... 219
TRB Paper: A Case Study in Regional Transportation Consensus Building… ............................. 220
RTD Act .......................................................................................................................................... 240
NCRTD First Year Budget.............................................................................................................. 261
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Background
In January 2003, Regional Transit District, (RTD) enabling legislation was submitted to
the New Mexico House of Representatives and Senate. Senate Bill 34, sponsored by State
Senator Ben Altimirano (D-Silver City), was passed by the New Mexico Legislature. In March
2003, Governor Bill Richardson signed into law the Regional Transit District Act [NMSA 1978
Chapter 73, Article 25 (2003)]. This followed more than two years of groundwork, beginning
with a National Transportation Quality Initiative, prior RTD legislation in 1998, and submittal of
a memorial to develop RTD legislation in the 2002 legislative session.
After the legislation was signed, the governmental entities in the North Central part of
New Mexico acted quickly to begin the process of creating an RTD. The various governmental
entities in the north central part of New Mexico acted quickly to begin the process of creating
New Mexico’s first Regional Transit District. The various counties, municipalities, and Pueblos
encompassed by the boundaries of Rio Arriba, Los Alamos, and Santa Fe Counties (Attachment
1), began meeting informally in the spring of 2003. They requested assistance from the New
Mexico Department of Transportation (NMDOT) for the staffing of a Working Group (later
renamed the “Organizing Committee”) made up of representatives including governmental unit
staff members and elected and tribal officials from all interested governments in the region.
NMDOT agreed to help support staffing of the Organizing Committee through an action plan
with the ATR Institute (ATRI.)
On November 7, 2003 NMDOT’s Research Bureau signed an Action Plan with ATRI to
assist the Organizing Committee (and its subcommittees) in the formulation of the proposed
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North Central Regional Transit District (NCRTD). ATRI assisted the Organizing Committee
with its work, especially through the Documents Subcommittee and the Finance Subcommittee,
culminating with certification of the NCRTD by the NMDOT Transportation Commission in
September 2004.
Two RTD-related Action Plans were signed on October 1, 2004 one action plan to
support the newly formed NCRTD Board of Directors, Finance Committee and Staffing
Advisory Committee. The second Action Plan provided similar support to other regions of the
State interested in creating a regional transit district.
The Purpose of Forming an RTD:
ƒ Create a win-win multi-government partnership;
ƒ Allow tribal, state, and local governments to connect local transit services with each
other;
ƒ Expand transit services to unserved areas;
ƒ Reduce traffic congestion and air pollution around Pueblos and communities; and
ƒ Ability to evacuate area around Los Alamos National Laboratory (LANL) in the event
of a terrorist threat.
The Area Is Marked by Contrasts
The North Central Region includes: the Pueblos of Pojoaque, San Ildefonso, San Juan, Santa
Clara, and Tesuque–some of the largest and smallest Pueblos in population in New Mexico.
The North Central Region is also composed of the Counties of Santa Fe, Rio Arriba, and Los
Alamos. Rio Arriba is one of the poorest counties and Los Alamos is the richest in New
Mexico. Rio Arriba is one of the biggest counties in land area, while Los Alamos is the
smallest. Santa Fe County is mostly urban, while Rio Arriba County is rural.
In the North Central Region, the City of Santa Fe is very cosmopolitan, while the City of
Española (in Rio Arriba County) still has a small-town feel to it. Los Alamos has a
consolidated city-county government, and LANL, the area’s largest employer, is located
there.
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Demographics of the NCRTD by County as Compared New Mexico and the US, 2000
Population
Square Miles
Persons per Square Mile
Percent Hispanic
Percent Native American
Percent White, Not Hispanic
Percent Living Below Poverty
Per Capita Income
Los Alamos
County
Rio Arriba
County
18,343
41,190
109
Santa Fe
County
New Mexico
United States
129,292
1,819,046
281,421,906
5,858
1,909
121,356
3,537,438
167.8
7.0
67.7
15.0
79.6
11.0%
72.9%
49.0%
42.1%
12.5%
0.6%
13.9%
3.1%
9.5%
0.9%
82.1%
13.6%
45.5%
44.7%
69.1%
2.9%
20.3%
12.0%
18.4%
12.4%
$34,646
$14,263
$23,594
$17,261
$21,587
Staffing
On November 6, 2004, ATRI provided the Regional Development Corporation (RDC) a
Sub-Award to assist in staffing and organizing the NCRTD. The RDC has been a partner with
the members of the Organizing Committee and has capabilities for the work. Prior staff included
Lillian Montoya-Rael, RDC Executive Director, and DeAnza Valencia, New Mexico SATOP
Director. Lillian served as Chair at most meetings of the Organizing Committee and the RDC
provided space on their web site to post documents, meeting announcements and agendas, and
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news related to the NCRTD and the certification process. The second staff person was DeAnza
Valencia, then with the New Mexico Office of the Surface Transportation Policy Project and
currently with the RDC. DeAnza worked with Lillian at Organizing Committee meetings and
led meetings of the Documents and Financial Strategies subcommittees working under the
Organizing Committee. Both led the effort to hold study sessions with each of the governing
bodies prior to public hearings and votes on joining the NCRTD.
During the course of the project, Lillian Montoya-Rael left the RDC and subsequently
DeAnza Valencia, through the RDC, provided support to the NCRTD. She is assisted by Ashley
Sanderson, RDC Administrative Assistant.
Judith Espinosa is the Principal Investigator on the Projects for ATRI. Geri Knoebel is
responsible for overseeing the administrative requirements of the NMDOT Action Plan. Jeanette
Albany finalized and formatted the TRB paper and other RTD documents. She is also
responsible for the processing of all financial documents including payroll. Michael Jensen, a
graduate intern at ATRI, assisted with writing, research, analysis, and meeting coordination as
requested by the NCRTD.
NCRTD Process
By November 2003, most of the communities interested in creating the NCRTD has held
governing body meetings to express formal interest in establishing the NCRTD and had selected
a Designated Representative to attend meetings for that purpose. The first meeting of the
Organizing Committee (then called the Working Group) was on November 5, 2003. That
meeting established the major guiding principles of the NCRTD: to be as inclusive as possible;
to share all information as widely and publicly as possible; to complete the certification process
and establish a formal NCRTD before the end of 2004; and to continue to work collaboratively
after creation of the NCRTD in order to develop the best possible service plan and funding
adequate to put the plan into operation.
In December, the Organizing Committee established the Documents Subcommittee,
whose task was to develop all documentation necessary for certification by the New Mexico
State Transportation Commission (NMTC), as well as draft documents for use by an eventual
NCRTD and its Board of Directors. The Documents Subcommittee began meeting biweekly
later that month. This Subcommittee was made up of about six of the designated representatives
and was staffed by DeAnza Valencia and Michael Jensen.
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Meetings of the Documents Subcommittee and interaction with the full Organizing
Committee were intense. The Organizing Committee wanted to have all documentation ready by
the end of spring so that study sessions, public hearings, and votes could take place in early
summer. The goal was to submit documentation to the NMTC as early as August 2004, with the
aim of having a Board of Directors chosen by the members of the NCRTD by the end of 2004.
Of particular concern to members was the issue of voting strength. Staff conducted
research on methods adopted elsewhere by similar organizations and their relevance to the
specific situation of the NCRTD, with potential members having populations as small as 300 and
as large as 87,000. Staff produced a Voting Strength Analysis, which went through several
versions and was circulated widely among the Designated Representatives as well as other
interested parties in the various jurisdictions. The Analysis represented an innovative effort to
balance the needs and concerns of both the small Pueblo members and the large county and
municipal governments. Although difficult to fully comprehend in the beginning, the dialogue
around the Voting Strength Analysis actually served to solidify the collaborative spirit of the
NCRTD, as members could see that everyone was making an effort to be both effective and
equitable.
Original Voting Strength Analysis for NCRTD Board of Directors
Final Analysis – 5K/10K/20K/40K/80K Thresholds
Member
Española City
Population Member Population
Population % of Total
Unit
Units
Total
Voting
Units
9,791
5.1
1
1
2
18,305
9.4
1
2
3
Nambé Pueblo
448
0.2
1
0
1
Pojoaque Pueblo
255
0.1
1
0
1
29,674
15.3
1
3
4
644
0.3
1
0
1
San Juan Pueblo
2,688
1.4
1
0
1
Santa Clara Pueblo
1,600
0.8
1
0
1
Santa Fe City
65,127
33.6
1
4
5
Santa Fe County
64,932
33.5
1
4
5
Tesuque Pueblo
404
0.2
1
0
1
193,868
99.9
11
14
25
Los Alamos County
Río Arriba County
San Ildefonso Pueblo
TOTAL
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Similarly, the Intergovernmental Contract, the document which every governing body
wishing to join the NCRTD would have to vote on and sign, went through many drafts, as staff
attempted to incorporate the requirements of the RTD Act, the New Mexico Open Meetings Act,
other State rules and regulations pertaining to such organizations, and the concerns of the various
members. Staff generally answered questions and turned documents around within days, so that
the biweekly Documents Subcommittee meetings could deal with the new draft as a group. This
allowed the process to move along quickly. It also meant that meetings of the whole Organizing
Committee were more streamlined and could spend more time on other issues, such as finance,
as concerns and questions regarding the various documents had already been addressed at the
Subcommittee level.
On completion of the certification and related documents, the Document Subcommittee
suspended work and the Organizing Committee established a formal Financial Strategies
Subcommittee. Several designated representatives joined this group, which was staffed by
ATRI. Staff conducted research on financing options at the local, state, and federal level,
including federal funding to pueblos that could be used for the NCRTD. The Financial
Strategies Subcommittee continued meeting even after creation of the NCRTD, election of a
board, and staffing of the District. This is seen as necessary to provide the best information on
financing options as well as valuable assistance to the NCRTD staff and board during the startup phase of operations.
MAPPING THE RTD VISION
Legislature
Funding
Legislation Enabling RTD
Vision:
NCRTD
Mobility
Concepts
Map
Structure:
RTD Organization to
Deliver Services
Services:
Santa Fe Trails, Los Alamos Bus
Espanola Transit, Los Valles Transit
Northern NM Park 'N Ride
NCRTD Organizing
Committee Formed
Service Plan
Barriers/Opportunities:
Expansion, Connections, Funding,
Jurisdiction, & Communciation
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Certification Process
The first meeting of the Organizing Committee (then called the Working Group) was on
November 5, 2003. That meeting established the major guiding principles of the NCRTD:
to be as inclusive as possible;
to share all information as widely and publicly as possible;
to complete the certification process and establish a formal NCRTD before the end of
2004; and
to continue to work collaboratively after creation of the NCRTD in order to develop the
best possible service plan and funding adequate to put the plan into operation.
ATRI’s staff to the Organizing Committee was responsible for the following:
Organize and chair meetings of the Organizing Committee and its subcommittees;
Conduct research and analysis on issues and questions raised at meetings;
Draft all documents required for certification or requested by the Organizing Committee
or its subcommittees;
Conduct all “Study Sessions” (one-on-one or group meetings with elected officials in the
member units to explain RTDs and the NCRTD); and
Coordinate the certification process with the NMDOT Transportation Commission
(NMTC)
Creating and Distributing Information
Early on, the Organizing Committee initiated the practice of ensuring that all parties had
access to information by posting the necessary documents from the certification packets,
research, supporting materials, and other resources on the NCRTD web site. This policy greatly
facilitated the flow of information, provided access, and ensured that the public and the
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designated representatives were aware and involved in the certification. After the ATRI staff
researched and created the necessary certification documents, this information was posted on the
NCRTD web site (http://share.rdcnm.org/rtd/default.aspx) and distributed to all relevant parties
before each jurisdiction’s public hearing(s). The information was made available to the
designated representatives, all governing body officials in each of the jurisdictions, the private
sector, and the public.
To ensure that all representatives from the jurisdictions had access to the information as it
was needed, the following steps were taken:
ƒ
A NCRTD web site was created.
ƒ
Documents, research materials, and other resources were posted on the web site and were
also sent by email to the representatives.
ƒ
Documents and materials in paper format were also delivered or sent.
The Organizing Committee submitted certification documents to the NMTC at its August
18 meeting in Raton, meeting its internal schedule for creation of the district (Attachment 2NCRTD Boundary Map). The NMTC placed the NCRTD Certification vote on the agenda for
its September 16, 2004, meeting in Belen, where it unanimously approved the NCRTD as the
first RTD in New Mexico.
Preparing for Transportation Commission Certification
Because the north central region was the first region to form a regional transit district,
many of the procedural issues related to the New Mexico Transportation Commission’s
certification process were undetermined. This also included the amount of time NMDOT
Commissioners would need to review the certification documents. Although the RTD Act
specifies only an Intergovernmental Contract be produced, the extensive documentation that was
provided to both the public and their elected officials made the certification process easier and
quicker by providing a single source of information about the NCRTD. After communication
with NMDOT staff, ATRI staff recommended to the NCRTD Organizing Committee to be as
inclusive as possible in their certification packet. These certification packets provided a
comprehensive overview of the work and regional cooperation that went into the formation of
the first regional transit district. The information for review included the following:
ƒ
ƒ
Cover Letter
Resolutions of Intent to Participate in the NCRTD
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ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
Organizing Committee Designated Representatives
Regional Transit District Act
Intergovernmental Contract
Board of Directors’ Bylaws
NCRTD Member Voting Strength Analysis and Formula
Regional Transit Mobility Concepts
NCRTD Map
First-Year Administrative Budget
Letter of First-Year Support from NMDOT Secretary Rhonda Faught
Letter to NMDOT Office of General Counsel
Timeline of Initiation and Implementation
Schedule of the New Mexico Transportation Commission (NMTC) Meetings
Sample Resolution to Join the NCRTD
Names and Contact Information for All of the Designated Representatives
Calendars and Minutes of the Organizing Committee, Subcommittees, and Public
Meetings
Timeline and Milestones for Becoming Certified (Attachment 3)
History of the NCRTD
NCRTD Phases
Month(s)/Year
Action
From Conception to Law
August FY 2000
National Quality Initiative on Transit First
Proposal for RTD Act Memorial
January FY 2002
Submittal of memorial to develop RTD Act,
memorial failed due to lack of lime in the New
Mexico Senate
January FY 2003
Re-Submittal of RTD Act to NM Legislature, SB
34 approved by New Mexico Legislature
March FY 2003
Governor Bill Richardson signs RTD into law
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NCRTD Phases
Month(s)/Year
Action
Implementation Process
April – September FY 2003
Informal activities to develop RTD Organizing
Committee, five governments pass Resolutions of
Intent to join Organizing Committee, NMDOT
provides seed money to provide staffing for
Organizing Committee
October – April FY 2004
RTD Organizing Committee develops package of
certification documents for submittal to potential
member communities and to New Mexico
Transportation Commission
May FY 2004 – July FY 2005
RTD certification documents to be reviewed by
NMDOT legal counsel, presentations by RTD
Organizing Committee to potential members
regarding joining the RTD and the certification
documents, RTD certification documents
approved by member communities
July – September FY 2005
RTD certification documents to be submitted to
NM Transportation Commission for certification,
NM Transportation Commission to review and
approve NCRTD Submittal for Certification
October – December FY 2005
NCRTD Board of Directors to be established,
NCRTD Board to hire an Executive Director,
Start of planning process for Service Plan
January – February FY 2005
Service Plan development, negotiations with
member communities for inclusion of transit
services, legislative efforts to secure dedicated
state of New Mexico funding for transit
March FY 2005 – ????
Inclusion of existing transit services under RTD
umbrella, planning for new/expanded transit
services, planning for Albuquerque–Santa Fe
Commuter Rail Project
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NCRTD Celebration
The successful creation of New Mexico’s first regional transit district was celebrated on
November 12, 2004, with a train ride on the Santa Fe Southern Railway line between Santa Fe
and Lamy. This line was purchased by the City of Santa Fe and will likely become part of the
NCRTD. It may also provide commuter rail service to Eldorado and eventually become part of a
broader commuter rail program being pushed by Governor Richardson. ATRI staff coordinated
the invitation of the Governor’s Office, representatives from NMDOT, all New Mexico House
and Senate members, the NMTC members, elected officials from all the NCRTD member
governments, and representatives from various regional and metropolitan planning organizations.
(Attachment 4–Celebration invitation)
Building Political Support for the NCRTD
Due to the historic nature of the creation of NCRTD, ATRI staff recognized the need for
a community celebration to further build cohesion among the RTD partners. After deliberation
with Organizing Committee members, a train ride on the Santa Fe Southern, a potential service
of the NCRTD, was selected. The Organizing Committee also wanted to celebrate this event
with all political champions of the event as a testament to their hard work in the New Mexico
State Legislature. ATRI compiled the listing of all relevant invitees to bring closure to the
certification process and to further build support for the regional transit concept.
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NCRTD Board Of Directors Retreat
Several of the NCRTD’s member governments had already nominated or approved
directors and official designees to the NCRTD Board of Directors prior to certification by the
NMDOT. Some of these future Board members were at the NCRTD certification meeting in
Belen and were presented to the Commission. The NCRTD was well ahead of its schedule to
have a working Board of Directors by the end of 2004.
ATRI and RDC staff arranged a retreat for the NCRTD’s Board of Directors and Official
Designees (Attachment 5–NCRTD Board of Directors). The retreat was held on October 15,
2004, and was hosted by the Pueblo of Pojoaque at the Cities of Gold Hotel Conference facilities
and was also sponsored by the County of Los Alamos and the City of Santa Fe.
The purpose of the all-day retreat was to begin the transition process between the
Organizing Committee’s designated representatives, who had worked to get the NCRTD
certified, and the Board of Directors. Many of the designated representatives would continue to
serve on the Board as official designees, acting as director in the absence of the member
government’s elected official representative on the Board. The retreat brought the directors up to
speed on the purpose and function of RTDs in general and the history of the NCRTD in
particular. It also provided a review of the most pressing issues the Board would be facing:
hiring an Executive Director, securing first-year administrative funding, and developing a
Service Plan and associated longer-term financing. The retreat was attended by all governmental
members of the NCRTD and was very successful in providing the background necessary for
Board members to begin working on issues crucial to the success of the NCRTD from the first
official Board meeting.
Research Needs: Preparation of the Newly Appointed NCRTD Board
In order to prepare for the Board retreat, ATRI staff prepared copies of the NMTC
certification packets for NCRTD board members and designees. ATRI staff prepared a
PowerPoint presentation documenting the creation, formulation, certification, and next steps for
the NCRTD (Attachment 6). NMDOT pins were distributed for an official “swearing in”
ceremony for the new directors. This “pinning” helped demonstrate to the new entity the level of
formality that would have to be incorporated into the business of the NCRTD. Staff reviewed
the regional mobility concepts documents for the retreat. Since the NCRTD was now an official
political subdivision of the State, ATRI staff met with representatives from the New Mexico
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Regional Transit Mobility Concepts for the North Central Regional Transit District
1. The geographic boundaries of the North Central Regional Transit District (NCRTD)
are the borders of Río Arriba, Los Alamos, and Santa Fe Counties. NCRTD will
include other Governmental Units within these boundaries.
2. All services anticipated to be provided by the NCRTD are for the benefit of the
residents of, and visitors to, the North-Central New Mexico Region.
3. Plan for the operation, coordination, and expansion of regional and local public transit
services within the boundaries of the District.
4. Participate in rural and urban transportation planning through involvement in
Regional Planning Organizations and the Santa Fe Metropolitan Planning
Organization.
5. Pursue the development of regional pedestrian/bicycle pathways to enhance
connections with transit services.
6. Promote existing public transit services to increase ridership and the effectiveness and
efficiency of transit services in the region.
7. In the interest of a coordinated, expanded regional public transit service network, the
NCRTD will pursue management of the following transit programs, projects and
services:
ƒ
Regional Park-and-Ride commuter bus services from Santa Fe to Los Alamos,
Santa Fe to Española, Santa Fe to Albuquerque, and Española to Los Alamos;
ƒ
Park-and-Ride bus service to/from the Santa Fe area;
ƒ
Park-and-Ride facilities to connect to regional and local bus service and to
encourage carpooling;
ƒ
Commuter Rail service between Santa Fe and Albuquerque;
ƒ
Commuter Rail service between Santa Fe and Eldorado;
ƒ
Coordinated, integrated, consolidated, and expanded local bus service wherever
possible;
ƒ
Carpooling and Vanpooling in the tri-county area; and
ƒ
A dedicated Gross Receipts Tax (as one tool among others) for financing the
NCRTD operations, pursuant to the statutes of State of New Mexico.
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Attorney General’s Office to review the New Mexico Open Meetings Act regulations. A
summary of these regulations was prepared by ATRI staff and distributed at the retreat
(Attachment 7). ATRI staff participated in negotiations with NMDOT staff on the NCRTD
Memorandum of Agreement between the two entities for the transfer of the $250,000 in startup
funding from NMDOT. ATRI staff also advised the new Board on the legal requirements for the
NCRTD officers outlined in the RTD Act as well as in the Intergovernmental Contract
(Attachment 8).
NCRTD Board Meetings
Overview
After certification by NMTC in September, the Organizing Committee formally ceased
operations. At the first meeting, the NCRTD Board members formally voted on the Bylaws to
govern NCRTD Board of Directors’ meetings (Attachment 9). In compliance with the Open
Meeting Act, the Board (via ATRI staff) was required to notify the general public throughout the
region of its meetings and agenda in advance. The most important agenda item in the first
meeting was the vote on a set of Bylaws and selecting an Executive Director to begin formal
operation of the district.
With a Board of Directors, an Executive Director, and the staff in place, the NCRTD
would be able to put together a formal service plan. The service plan will be drawn up
collaboratively with input and recommendations from the governmental units, the management
of the existing transit services, and from other interested parties such as Los Alamos National
Laboratories (LANL) and NMDOT. The Finance Subcommittee continues to provide
information and advice to the newly constituted district regarding funding and financing
opportunities. The Board also submitted an application (which was later approved) to the
Community Transportation Association of America for additional in-kind support for technical
assistance in the development of their service plan.
In the first months, the NCRTD collaborated with transit providers and supporters across
the State to work to secure dedicated funding for transit from State government. While progress
was made, no recurring revenues were secured. NCRTD would like to start connecting and
expanding existing transit services. Crucial NMDOT Park-and-Ride funds were due to expire.
Even if the Park-and-Ride funds are maintained at current levels, they are spread very thin across
the State. The potential loss or reduction of a service like Park-and-Ride would have a serious
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June 2005
impact on the ability of regional transit districts like the NCRTD to carry out this mission and
would have an adverse economic impact. The credibility of the NCRTD could be damaged if the
RTD had to ask member governments to go to the voters to ask for increases in the Gross
Receipts Tax too soon after certification. Another issue will be the extent to which the NCRTD
can manage existing transit services within its boundaries such as Santa Fe Trails Bus, Los
Alamos Bus, and Los Valles Transit. The NCRTD will be an important player in any plans to
develop commuter rail service from Albuquerque to Santa Fe and eventually to Denver, because
the NCRTD includes important rail rights-of-way as well as links to existing rail lines that
extend north.
Monthly Board Meetings (Attachment 10)
November 2004
The Board held two meetings in 2004. The first meeting, held on November 5, began
under the facilitation of ATRI staff. The first order of business was investiture of the Board
Directors and Official Designees. Once this was done, the Directors then approved the Board of
Directors Bylaws and officially began work as the NCRTD’s first Board of Directors. The
Board then elected officers and decided that the position of Chair and Vice-Chair would alternate
between Pueblo and non-Pueblo members, reflecting the even division of members between the
two jurisdictions.
Other subjects at the meeting were presentations on, and discussions of, the following:
ƒ
Park and Ride Update (NMDOT)
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Rail Line Acquisition Update
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Update on MOA with NMDOT (regarding first-year support)
ƒ
Hiring an Executive Director
ƒ
Establishing a Fiscal Agent Relationship with either the City or County of Santa Fe
December 2004
The Board’s second meeting, on December 3rd, dealt with these same issues, with input
from the Board’s two committees. Action was taken to approve a letter to the NMDOT for
funding as well as a draft MOA; a draft Fiscal Agent agreement with the City of Santa Fe; and a
proposed legislative agenda of items to discuss during the upcoming session regarding both
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June 2005
NCRTD and statewide RTD efforts. It was also resolved to schedule Board meetings for the first
Friday of every month, with the location to revolve among all member governmental units.
January 2005
The January meeting date was the January 7th. The meeting was staffed by the RDC.
The first part of the meeting was taken up with formalizing some of the Board processes and
reviewing the legal requirements for the Board. Following this, the Board received an update on
Park & Ride and a report from the Rural Planning Organization (RPO) Liaison to the NCRTD on
their monthly meeting.
The Board received an update on a meeting with NMDOT Secretary Faught regarding the
coming legislative agenda. There was also a report on meetings held with legislative leaders and
with transit/transportation coalition partners. The Board was given a sample copy of a resolution
in support of establishing a statewide transit fund as the 2003 Enabling Bill for RTDs was
intended by Governor Richardson to have an accompanying transit fund, but the Legislature
refused to support in 2003 (Attachment 11–Sample Transit Fund Resolution).
On the matter of the Santa Fe to Lamy rail line acquisition, the Board heard a review of
the project to date, including an attorney review of the NCRTD Intergovernmental Contract and
its relationship to the acquisition. The issue is complicated because of the prior Federal Transit
Administration (FTA) and Santa Fe agreement and the subsequent efforts of the State (through
the Governor’s office) to allow the NCRTD to assume responsibility for the line. The effort to
satisfy the needs of four levels of government will require that the transfer, if it is to happen, will
take some time.
The NCRTD Finance Standing Committee reviewed available or potential funding
sources for the NCRTD’s operating expenses. Despite the fact that funding is still uncertain, the
Committee recommended that the Board proceed with hiring staff, especially an Executive
Director, in order to advance the drafting of a Service Plan. The Committee also presented its
latest understanding of the status of planning and administrative funds that the State has said it
has, but has been slow in releasing. The Board decided to invite Deputy Secretary Viamonte and
Planning Director Foy Cuddy to the next Board meeting in order to get some clarification. One
important component of a funding relationship with NMDOT is the proposal made by the
NCRTD that the District administer NMDOT funding earmarked for projects within the
District’s boundaries. This would represent a lessened administrative burden on the NMDOT,
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June 2005
could serve as a model for other RTDs in the state, and would allow the NCRTD to better plan
the use of the funds.
The Staffing Advisory Committee discussed a number of issues. The first was approval
of a job description and placement of an ad for the Executive Director position (Attachment 12–
NCRTD Job Ad and Description). The Committee also informed the Board of its findings
regarding procurement practices, insurance, and office space. Finally, the Committee laid out its
recommendations regarding operational startup of the NCRTD.
Finally, the Board reviewed the status of the Fiscal Agent Agreement (FAA) with the
City of Santa Fe. The FAA was sent back to the Finance Committee for further work and
discussions with the City. Another presentation and possible vote will take place at the February
Board meeting.
February 2005
The February meeting was on held February 4, 2005, at the Sweeney Convention Center
in Santa Fe, New Mexico. Deputy Secretary Viamonte gave the Board an update on Park and
Ride. The NMDOT is trying to complete a statewide transit plan, but the process is taking
longer than expected; this affects transit-related decision making at the state level. Northern
New Mexico Park and Ride (NNMPR) ridership is up between Albuquerque and Santa Fe and is
still rising. One major issue is getting a parking lot and service to Santa Clara Pueblo. This is
still under discussion with the Pueblo. Director West mentioned possible BLM land and Deputy.
Secretary Viamonte said the DOT was aware of the land, but thought it was under a lease
arrangement. There was also brief discussion of the possibility that NNMPR might transition
into the NCRTD.
Governor Richardson wants a Belen-Santa Fe commuter rail by 2008. The Board has
already discussed the intent to acquire the route within two (2) years. The issue is the current
status of the Santa Fe Southern Railroad line. The FTA and Federal Highway Administration
(FHWA) gave Santa Fe City a grant for the route, which the Governor supplemented. Santa Fe
does not want to be an “owner,” but federal agencies do not want Santa Fe to transfer ownership
to NCRTD. The Governor’s Office and NMDOT say the rail line needs bond-funded upgrades
to be a commuter rail. The State sees Santa Fe and the NCRTD as “protected” under a state
umbrella; and the FTA, while not agreeing with this interpretation, is letting the process go
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June 2005
forward. Director West wanted to know if the NCRTD would be a party to any legal actions that
might be taken against the rail line.
Director Miguel Chavez, of Santa Fe, said that this is a complex multi-jurisdictional issue
and that Santa Fe wants the NCRTD to have the option of considering. The NMDOT agreed to
make a presentation on the status and plans for commuter rail to the Board at the April NCRTD
Board meeting.
The Board agreed that there should be a standing Committee for Planning that would
include some non-Santa Fe and County members. The Committee will include Jon Bulthuis,
Tom Williams, Jack Kolkmeyer, Miguel Chavez, and Sean Hughes (designee of San Ildefonso
Pueblo). Director Jim West was also named as a Northern Pueblos Regional Planning
Organization (NPRPO) liaison.
Jack Valencia, Executive Director of the New Mexico Passenger Transportation
Association (NMPTA), discussed two important pieces of state legislation relating to the
NCRTD and RTDs in general. One is SB457, State Employees’ Transportation Fringe Benefit
(“Commuter Incentive”), which could give a boost to the use of transit services. The other issue
was getting the Legislature to increase the vehicle excise tax by 1%. The revenues generated
(estimated at about $42 million) would be divided among the statewide transit fund, local
government road fund, and commuter rail operating fund.
The Community Transportation Association of America (CTAA) has issued Technical
Assistance RFPs—one for rural and one for tribal. The ATR Institute and the RDC wrote
proposals on behalf of the NCRTD, which could not do so on its own because it is a government
agency.
U.S. Senator Jeff Bingaman’s office alerted the NCRTD to new USDOT requirements for
requesting funds in the current Congressional session. The Senator’s office and the NCRTD will
work together to make sure the Senator’s office puts together a strong funding proposal.
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The NCRTD will work with the NPRPO to get BIA funds for Tribal transportation.
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The most pressing item for the NCRTD is to apply to the FTA as an eligible recipient of
FTA funds. The Finance Committee requested approval from the Board to move ahead
with this FTA process.
DeAnza Valencia reported that the advertisement for an Executive Director was placed in
a number of newspapers around the State, on the RDC web site, and on the ATRI web site.
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June 2005
There was further discussion regarding the benefits package to be offered to the Executive
Director. In order to conclude this discussion, it was necessary to have a reasonably complete
“Policy and Procedures Manual” for the NCRTD and a Fiscal Agent Agreement (FAA) with the
City of Santa Fe.
Under the initiative of Director Chavez, the City of Santa Fe agreed to act as fiscal agent
for the NCRTD. A draft FAA was sent to Santa Fe, but it needed changes and was sent to the
Finance Committee. Comments and suggestions for the FAA were made by Bruce Rizzieri of
the MRCOG and Peter Dwyer of Los Alamos County. Comments were consolidated and the
updated draft was sent to Peter Dwyer for further comment. However, the version presented to
the Board at this meeting was an earlier draft, so the Board was not able to act on it. Therefore,
designee Mortillaro suggested that the Board authorize the Finance Committee to work out the
remaining details on the draft FAA and send it on to the Santa Fe for their comments and action.
DeAnza Valencia informed the Board that a representative for Las Vegas had expressed
interest in joining the NCRTD. It was thought that the Las Vegas would send a representative to
this Board meeting, but they did not. The Board extended an invitation to Las Vegas to attend a
later meeting and discuss the matter.
March 2005
The March NCRTD meeting was held in Española, New Mexico. The meeting was
staffed and notes taken by the RDC. The first part of the meeting included a presentation from
All Aboard America, NMDOT’s Park and Ride contractor. Following the presentation, the
Board received an update on Park and Ride, and a report from the RPO Liaison.
The Board also received a legislative update from the Finance Committee. RDC staff
prepared a list of all transit services operating in the districts of New Mexico Legislature
members serving on key transportation-related committees to make them aware of how creating
and supporting the creation of regional transit districts could improve transit coordination in the
State (Attachment 13–Legislators and Transit Service).
Amy Estelle of NMDOT/Planning presented an overview of SB 457, commonly referred
to as the “Commuter Incentive” Bill, and reported that it looked good for passage after going
through the Senate without opposition.
RDC staff also reported that the automobile excise tax measure—whose increased funds
would go, in part, to support a statewide transit fund—was not likely to get a vote during this
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June 2005
session. It had support from the MRCOG, the Municipal League, and the Association of
Counties, but stalled in negotiations between the Governor’s Office and Transportation
Committee Chair Silva.
The NCRTD Finance Standing Committee report included an announcement that U.S.
Senator Pete Domenici is now the Chair of the Senate Transportation Appropriations Committee.
NCRTD Board Chair James Rivera asked for Board support for a letter requesting that
the NCRTD be designated an FTA recipient, so that the District can negotiate with the NMDOT
to administer FTA funds designated for activities within the District (Attachment 14–FTA
Letter).
ATRI staff discussed the application to the CTAA for long-term technical assistance to
help develop the NCRTD Service Plan. The CTAA wants just one application, not two (a rural
and a tribal application). The NCRTD submitted a Rural Technical Assistance request, which, if
granted, can be supplemented with short-term technical assistance to incorporate and address
tribal issues related to the Service Plan (Attachment 15–CTAA Application).
Donald Martinez of NMDOT requested that the NMDOT Transit Office be included in
the efforts to draw up a Service Plan for the NCRTD. NCRTD Board Chairman James Rivera
and Board Member Ivan Guillen reported that they had met with the interim/acting chief of the
Public Transportation Planning Bureau (PTPB) to discuss setting aside some undesignated
FHWA 5311 funds to help with FY2006 administrative costs of the NCRTD. This is important
because the Statewide Transportation Plan (currently in RFP stage) needs to incorporate the
NCRTD’s activities, which need the Service Plan completed first.
The Finance Committee Report also included a brief discussion of the scheduled highway
improvement project on the second phase of the Pojoaque Corridor and its impact on Park and
Ride services.
RDC staff reported that they had made a request, through U.S. Senator Bingaman’s
office, for $1 million in a Congressional earmark to cover a variety of funding needs of the
NCRTD such as buses and bus facilities over the next few years.
The NCRTD Board began to review the text of the City of Santa Fe’s version of the
Fiscal Agent Agreement. Tony Mortillaro noted that the Board had authorized the Finance
Standing Committee to handle the negotiations on the Fiscal Agent Agreement and the Board did
not need to be a part of the review.
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June 2005
Amy Estelle, NMDOT/Planning Bureau, presented the Board with the executed MOA
between the NCRTD and the NMDOT, allowing the District to receive $250,000 in first-year
administrative funds. She also presented the Board with instructions on how to begin to access
the funds (Attachment 16–Memorandum of Agreement).
The NCRTD Board thanked Pueblo of Nambé representative Dennis Vigil for attending
the meeting and hoped that this was a sign that the Pueblo of Nambé was interested in joining the
NCRTD.
RDC staff noted that Las Vegas is still apparently interested in joining the NCRTD
although no one attended. Las Vegas is looking for funds to support capital purchases related to
expanded transit.
The NCRTD Board then went into executive session to discuss the fifteen applications
for the position of Executive Director. The Board reviewed the prepared binders of all NCRTD
Executive Director candidates and the recommendations from the Staffing Advisory Committee.
They also made a short list of candidates and established a timeframe for interviews to be held
prior to the next Board meeting.
April 2005
The April NCRTD meeting was held at the Santa Fe County Commission Chambers in
Santa Fe, New Mexico. The meeting notice was published in local newspapers and meeting
minutes were taken by RDC staff.
The NCRTD meeting began with the NCRTD Board in executive session to interview
two candidates for the position of Executive Director. After the conclusion of the interviews, the
open meeting began and Josette Lucero, formally of the NMDOT, was selected as the Executive
Director for the NCRTD.
The NCRTD Board authorized Board Chairman James Rivera and Vice Chair Jim West
to negotiate the Executive Director’s contract with Josette Lucero, along with all other
paperwork related to the hiring of Josette Lucero, including the Fiscal Agent Agreement.
NCRTD Finance Committee member, Tony Mortillaro, reported that the Finance
Committee met on Thursday, March 31, to discuss the Fiscal Agent Agreement. The Fiscal
Agent Agreement was ready to be presented to the City of Santa Fe (Attachment 17–Fiscal
Agent Agreement Draft).
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June 2005
The Fiscal Agent Agreement will be presented to the Board at the May NCRTD Board
Meeting. James Rivera asked how long Santa Fe will take to accept the Fiscal Agent Agreement.
Jon Bulthuis answered that it would take Santa Fe around thirty days to process the Agreement.
Miguel Chavez added that he would work to expedite the agreement as quickly as possible.
NCRTD Board Chair James Rivera thanked Amy Estelle for all of the lobbying and hard
work she did for the NCRTD during the past legislative session.
DeAnza Valencia reminded the NCRTD Board she is still working on a Congressional
Appropriation with Senator Bingaman’s Office for $1 million in a Congressional earmark to
cover a variety of funding needs of the NCRTD over the next few years. She is also working on
a dialogue with LANL concerning the NCRTD.
DeAnza Valencia announced that the Qualified Transportation Fringe Bill/Commuter
Incentive Bill passed during the recent state legislative session.
Deborah Bauman, NMDOT Environmental Coordinator, gave a presentation to the Board
on the background and current status of the Albuquerque-Santa Fe Transportation Corridor, an
initiative to identify and evaluate potential new rail, roadway, and transit alternatives.
James Rivera noted that he had attended the 2005 NMDOT Transportation Engineering
Conference in Las Cruces. He shared that he was very pleased to see progress related to public
transit initiatives. He congratulated the NCRTD Board on their hard work.
DeAnza Valencia presented information to the Board on the NMPTA Conference. She
shared that Jack Valencia would like to strongly encourage all the Board members to attend.
Ramon Dominguez, NMPTA Board President, also expressed encouragement of the Board to
attend the conference.
May 2005
The NCRTD May meeting was on the May 6th and was held at the Towa Golf Resort,
Pojoaque, New Mexico. The meeting was noticed in local newspapers and staffed the RDC. An
additional emergency meeting of the NCRTD Board was called on May 2. This meeting was a
conference call and was properly noticed by RDC staff.
Director Tony Mortillaro explained that the Executive Director’s contract was reviewed
by an attorney for Los Alamos County. Lucero will have a performance evaluation in six
months. The Board approved the Executive Director contract with Josette Lucero (Attachment
18–Executive Director Contract).
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June 2005
Jim West explained to the Board the PERA plan which has been selected for the
employees of the NCRTD (Plan 2). Resolution No. 004 has been before the PERA Board and
the NCRTD has officially been accepted into PERA under Plan 2. Authority was given to James
Rivera and Jim West to process and finalize Resolution No. 005.
Wade Havens brought three copies of the correct Fiscal Agent Agreement which was
signed by James Rivera. One copy will go to NMDOT, one to NCRTD, and one to the City of
Santa Fe.
There was discussion of start-up funding for Josette Lucero to purchase office equipment
such as a computer and phone. Mike Lujan pointed out that Lucero had already been given
authority to spend up to $5,000. It was agreed amongst the NCRTD Board that Josette Lucero
be given the authority to make purchases up to $5,000. When $5,000 has been spent, Lucero
must discuss further purchases with the Board.
Ramon Dominguez announced that as of April 28, 2005, Elias Coriz will no longer be the
director representing Rio Arriba County for the NCRTD. The new director is Andres Chavez.
James Rivera recommended that Elais Coriz send the NCRTD an official letter of resignation.
James Rivera welcomed Josette Lucero to the position of Executive Director of the
NCRTD. Josette Lucero told the Board the tasks that she is currently working on including an
update that Gannet Fleming Consultants might be working on the NCRTD service plan and will
be coming to a future meeting to introduce themselves and meet with the Board.
Mike Lujan recognized DeAnza Valencia for doing a wonderful job working with the
NCRTD. Jim West commented that the NCRTD would not have made it this far if not for
DeAnza Valencia. James Rivera commented on how fortunate they were to have her working on
the NCRTD.
Amy Estelle presented a Park and Ride update. NMDOT is working on a marketing
study to determine how van pools are viewed in Santa Fe. Estelle is working on a benefit to state
employees, called the Emergency Ride Home Program. This program provides a public transit
user a free ride home in case of an emergency. Rides are limited to a specific number per year.
James Rivera asked if it would be helpful for the NCRTD to send a letter in support of the
Emergency Ride Home Program. Estelle said yes and asked for the letter to be sent to Foy
Cuddy.
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June 2005
James Rivera found a piece of land in Española which could possibly be of use to the
NCRTD as a parking lot. The Board gave authority to Josette Lucero to find out more
information about the land.
NCRTD Board Committees
In December the Board voted to create two committees, charged with researching,
analyzing, and presenting the best information available on two crucial issues: financing and
staffing the NCRTD. Therefore, the Board voted to create the Finance Standing Committee and
the Staffing Advisory Committee. These two committees would meet in Santa Fe every two
weeks.
Finance Committee
The Finance Committee conducts research on available state and federal funding sources
for the NCRTD. It maintains close contact with the Governor’s Office, the New Mexico
Congressional delegation, senior NMDOT officials, and the New Mexico Legislature in an effort
to be informed of the financial needs of the NCRTD and RTDs in general and to keep itself and
the NCRTD Board informed of available and potential funding sources.
In January 2005, its work was focused on preparing the MOA with the NMDOT and
working out the details of the Fiscal Agent Agreement with the City of Santa Fe that was
presented to the Board in February. The committee also spent a great deal of time developing a
strategy for the legislative agenda. Based on the meeting with the Governor’s transportation
staff person, “Commuter Choice” is an important part of the Governor’s package. There is
support from the Municipal League and from auto dealers on a sample transit fund bill. The
Committee also discussed how best to coordinate efforts with the New Mexico Congressional
delegation on upcoming transportation budget requests and earmarks.
One item proposed for an upcoming Board meeting agenda was seeking to have the FTA
recognize the NCRTD as an authorized recipient of federal transit funds. This would make it
easier to convince the State to allow the NCRTD to take over administration of federal transit
monies earmarked for use within the district.
Additionally, the Committee members and staff discussed the next steps to ask for
administrative and planning funds from the NMDOT. Secretary Faught promised first-year
funds to the District, but these have not yet been released. Additional planning and
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June 2005
administrative funds are apparently available, but the Committee and the Board are unclear
regarding the timing of their possible release. It was decided to invite Deputy Secretary
Viamonte to speak to the Board in February.
In March, the Board’s activities included continued work on the MOA with the NMDOT.
The Committee also completed work related to the NCRTD legislative agenda and the Fiscal
Agent Agreement with the City of Santa Fe. This included meeting with City of Santa Fe staff,
Jon Bulthuis, and well as Kathryn Raveling.
In May, the Board’s work included finalizing the Fiscal Agent Agreement with the City
of Santa Fe as well as the NCRTD Executive Director contract.
RDC and ATRI Staff completed an affiliation questionnaire with the Public Employee
Retirement Fund (PERA) (Attachment 19–PERA Questionnaire).
The Finance Subcommittee also decided to submit letters to request $1 million from
members of the New Mexico Congressional delegation through transportation budget requests
and earmarks (Attachment 20–Letter to Delegation).
Additionally, Subcommittee members and staff discussed the next steps in getting
administrative and planning funds from the NMDOT. Finance Committee members James
Rivera and Ivan Guillen set up a meeting with the acting Transit/Rail Bureau Chief to follow up
on the NCRTD’s requested for federal 5311 funding (Attachment 21–Letter to NMDOT).
RDC and ATRI staff completed the application for Community Transportation
Association of America (CTAA) technical assistance to develop Service and Finance plans for
the NCRTD.
Staffing Committee
In December the Staffing Committee met to draft a job description for the Executive
Director position at NCRTD. This included research on various benefits packages available to
employees of State public bodies. RDC staff began the process of seeking affiliation of the
NCRTD in the state PERA for NCRTD staff (Attachment 22–Policies and Procedures Manual).
The Staffing Committee drafted a preliminary “Policies and Procedures” manual.
The Staffing Subcommittee developed a timeline for finalizing the Executive Director
Job Description and placement of job ads in local newspapers and on the ATRI and NCRTD
websites. The Staffing Subcommittee then met with RDC staff to review all NCRTD Executive
Director Applications and make recommendations on their top candidates.
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June 2005
The Staffing Subcommittee met on two different occasions to finalize their
recommendations for the NCRTD Board. The RDC staff prepared briefing papers with all
NCRTD Executive Director’s applications for the members of the staffing subcommittee as well
as the full NCRTD Board.
The Staffing committee worked with RDC staff member DeAnza Valencia to develop a
series of questions for the NCRTD Executive Director interview (Attachment 23–Interview
Schedule).
The RDC staff prepared and sent rejection letters to all NCRTD Executive Director
Applicants except Josette Lucero. The work of the Staffing Committee concluded with the
selection of Josette Lucero as the candidate for the NCRTD Executive Director (Attachment 24–
Rejection Letter). RDC staff assisted in drafting and distributing the press release announcing
the hiring of Josette Lucero as Executive Director (Attachment 25– Press Release).
Additional Opportunities
Statewide NMDOT Agreement
The NCRTD process has been very successful in bringing together the diverse
communities of North Central New Mexico. The collaboration across county, municipal, and
Pueblo jurisdictions has been transparent and effective. The fact that ten governmental entities
could pull together and become the first RTD certified in New Mexico—and the first RTD in the
country with Tribal representation on the Board—is a testament to the validity and effectiveness
of the NCRTD process.
As a result, other regions in New Mexico have requested assistance from ATRI and the
NCRTD in creating their own RTDs. In fact, members of the NMTC, at the NCRTD
certification hearing, also expressed interest in the process and its application to possible RTDs
in other transportation districts in the state. Other regions in the State that have requested
assistance in creating their own regional transit district include the greater Las Cruces area, the
greater Farmington area, the Gallup-Grants region, Las Vegas, Taos, the Enchanted Circle
region, and the communities in southeast portion of the State.
Non-Transit Applications of the NCRTD Process
The NCRTD process has attracted the attention of other regions and local governments
wishing to create a more effective collaborative process to resolve cross-jurisdictional issues. As
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June 2005
one example, the NCRTD model is being implemented for a regional collaborative organization
to work with water and wastewater issues in the communities of Santa Fe, Pojoaque Pueblo,
Chimayo, and other communities throughout North Central New Mexico.
TRB Paper and Poster Session
The ATRI wrote a paper describing the collaborative process that created the NCRTD
and submitted this paper to the Transportation Research Board (TRB) of the National Academy
of Sciences. The TRB accepted the paper entitled A Case Study in Regional Transportation
Consensus Building Between Local and Tribal Governments in New Mexico (TRB Paper 050741) for presentation as a poster session at its 2005 Annual Meeting in January in Washington,
DC (Attachment 26). Judith Espinosa and DeAnza Valencia attended the TRB Annual Meeting.
Legislative Agenda
The NCRTD, through the ATRI and RDC staff, helped prepare a transit agenda for
presentation to the 2005 New Mexico Legislature. The NCRTD worked with Jack Valencia,
Director of the NMPTA, to present educational materials and information on a number of issues
relevant to the NCRTD:
ƒ
Park and Ride: One important issue is having the State’s administration of the Northern
New Mexico Park and Ride transition into the NCRTD. This is still in negotiations with
the NMDOT and NCRTD.
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Commuter Incentive: SB 457, the State Employee Transit Fringe Benefit Bill, which
would provide a subsidy for State employees who use public transportation to commute.
This bill was passed and signed by the Governor in 2005.
ƒ
Vehicle Excise Tax: This would increase the State vehicle excise tax by 1% and apply
the new funds (estimated at about $42M) to three transportation needs: a statewide
transit fund for RTDs, a local government road fund, and a commuter rail operating fund.
This has not passed and is awaiting future action in the 2006 New Mexico State
Legislative Session.
Research Needs: Legislative Support for the NCRTD
The Finance Subcommittee continued to work on supporting the legislative agenda
adopted by the NCRTD Board. ATRI staff notified NCRTD Board members on Committee
hearing times and dates through e-mail and phone trees. ATRI staff also worked to set up a
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June 2005
meeting with the Governor’s staff on the proposed “transit fund” legislation. ATRI staff
provided on-going support to the NMDOT in support of the “Commuter Choice” legislation
through attending Committee hearings. ATRI staff solicited letters of support for these measures
from all NCRTD members. DeAnza Valencia and NCRTD Board members met with NMDOT
representatives and members of the legislature to inform them of the benefits to their own
communities and to the State from RTDs and other transit and transportation improvements.
DeAnza Valencia also attended several hearings of the New Mexico House Transportation
Committee on behalf of the NCRTD. The work resulted in the passage of SB 457, the State
Employee Transit Fringe Benefit bill.
Other Activities
In November, Judith Espinosa, ATRI Director; Geri Knoebel, ATRI Senior Program
Manager; Mary White, ATRI Research Scientist; and DeAnza Valencia, RDC; attended the
NMDOT Research Bureau’s annual Regional Quality Initiative (RQI) meeting and made a
presentation on the NCRTD process. It was an earlier RQI that first led to an RTD Memorial,
then two years later the passage of the RTD Act in 2003 (Attachment 27).
Summary of Major Challenges in Forming the NCRTD
Transportation infrastructure includes roads and transit systems, as well as bicycle,
pedestrian, and equestrian trails. However, another set of crucial elements must not be
overlooked—cultural integrity, sovereignty, and economic development for local and tribal
government. In times past, local and tribal government-to-government relations have been
ineffectual. These weakened bonds have contributed to the derailment of needed transportation
projects (and other needed services) and worked against the mutual economic interests of local
and tribal governments.
Creating consensus for implementation of a new government organization is never easy.
Some government officials in the various jurisdictions and most members of the public were
unfamiliar with the RTD Act. Furthermore, the idea of creating an RTD presented many issues
that would have to be addressed in the organizing process and by developing certification
documents and supporting materials. These issues included:
ƒ
How would Pueblo sovereignty be affected by participating in the RTD?
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June 2005
ƒ
Would the historic exclusion of Pueblo peoples from government decision-making
change under the NCRTD?
ƒ
How would the diverse jurisdictions that were to make up the RTD be represented in
terms of voting strength?
ƒ
Would the RTD assume responsibility for existing transit services and decision making?
ƒ
How would an RTD affect local or tribal authority over transit services?
ƒ
What would an RTD cost to create and operate and how would it be funded?
The Need for Government-to-Government Relationship and Consensus Building
and Creating an Inclusive and Equitable Partnership with Tribal Governments
While the Pueblos have wanted to work cooperatively with federal, state, and local
officials on decisions that would impact the enrolled tribal members, the initial perception of the
RTD (and other proposed joint efforts) has been that any new layer of government could add to
the difficulty the Pueblos already encounter in trying to protect their sovereignty as nations. The
Pueblos felt that they had been prevented in the past from having an effective and equal voice in
making decisions that affect them—not only in the transportation field, but across the board in all
governmental decision-making processes. These concerns have been amplified because most
Pueblos have both enrolled tribal residents and non-natives living within the boundaries of the
Pueblo. As an extreme case, the Pueblo of Santa Clara, located between Española and the
County of Los Alamos, has approximately 10,000 residents but only about 1,600 are resident
enrolled members. Services to the non-members of the Pueblo are provided by local and state
agencies, while the Pueblo’s members are served by the BIA. Not only does this create
redundancy in the provision of services, but also the quality of services is often not equivalent.
Non-tribal members of the NCRTD Organizing Committee acted very consciously to allay
Pueblo concerns. The Pueblos were asked to provide the Organizing Committee with designated
representatives from the very start of the NCRTD certification process rather than after important
decisions have been made. Involving the Pueblos in such a public way at the start of the decision
process went a long way to convince Pueblo leaders that the other NCRTD members were
sincere in trying to find transit solutions that would work for all ten jurisdictions.
The Pueblo of Pojoaque hosted several Organizing Committee meetings. The Pueblo of
Santa Clara, the largest Pueblo in population, regularly sent two representatives to Document and
Financial Subcommittee meetings as well as to meetings of the Organizing Committee.
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Discussions about the differences between enrolled members and non-Pueblo residents were
conducted. Santa Clara and the other Pueblos discussed many options and were given
opportunities to voice their needs in the NCRTD. Reassurances were made that the RTD service
plan would be based on populations served rather than on something so difficult to quantify, such
as how many residents of Santa Clara are enrolled-resident Pueblo members at any given time.
In this respect, the fact that Santa Clara has a potentially large population requiring transit
services would more likely find effective and equitable expression in NCRTD planning rather
being determined prior to the formation of the NCRTD.
Establishing a Voting Strengths Formula Acceptable to Diverse Jurisdictions
The NCRTD contains governmental units with a wide range of populations. The State’s
and the region’s smallest Pueblo in population is Pojoaque Pueblo, with about 300 resident
enrolled members. In contrast, the Santa Fe City and County areas each have over 85,000
residents. Because of the disparities in population, another major concern was over how such
different populations would be represented on the NCRTD Board of Directors. Clearly, a one
member/one vote system would face stiff opposition from the designated representatives and the
public due to population differences. Concerned their relatively small size would place them at a
disadvantage in the RTD; the Pueblos asked many questions and approached the issue
conservatively. The Organizing Committee, through its Documents Subcommittee, conducted a
“Voting Strength Analysis” for NCRTD Members to showcase the different voting models.
Research, information, methodology, and results for the voting strength analysis as well
as a rationale for the way the study was conducted were also posted on the RTD web site and
distributed to all the designated representatives. The public and its elected officials were able to
compare the various methods of analysis that had been tested and evaluate for themselves
whether the Organizing Committee had chosen the method that best represented a balance
between the largest and smallest governmental units in the district.
The analysis created a weighted voting formula using population thresholds of 5,000/
10,000/20,000/40,000/80,000. Voting units are awarded in the following manner: All members
receive one (1) vote by virtue of being a member. Members receive additional votes in the
following way: one (1) vote for populations between 5,000 and 9,999; an additional vote for
populations between 10,000 and 19,999; an additional vote for populations between 20,000 and
39,999; an additional vote for populations between 40,000 and 79,999; and an additional vote for
Research Report – NCRTD Organizing Pilot Project
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June 2005
populations equal to or greater than 80,000. This set of thresholds, which lowered the relative
voting strength of the larger members while providing the greatest relative voting strength to the
Pueblos, was the best of the four methods in the analysis. In the end, every jurisdiction
expressed satisfaction with the proposed voting system.
The voting formula for the NCRTD Board of Directors is as follows:
ƒ
Total members – 10 members
ƒ
Total voting units – 25 voting units
ƒ
Simple majority vote – 13 voting units
ƒ
Two-thirds majority vote – 17 voting units
ƒ
Quorum requirements – 6 members and 13 voting units
Directing Control of Existing Transit Resources
A major concern among members of the NCRTD centered on control of existing and
future transit assets of the District. Most of the Organizing Committee envisioned that the
NCRTD would absorb existing transit services under a common, coordinated system. This
approach would appear to be a straightforward and efficient way of functioning as a regional
entity. However, consolidation of some transit providers is hindered because some operate as
private firms rather than government entities. In other cases, concern arose that consolidation
might lead to loss of local or tribal jobs. In addition, a significant interest currently exists in
bringing commuter rail service into the region and tying it into planned commuter rail in
neighboring RTDs. These issues created concerns that the District would overwhelm local
government’s ability to determine their particular interests. Other issues revolved around
acquisition of new assets and infrastructure by the NCRTD as well as methods for dispersing
assets should a member jurisdiction leave the District, new members join the District, or should
the RTD suspends its operation. However, most of these issues are actually covered in the RTD
Act. Over the course of many discussions, members came to view these questions as matters that
could be dealt with at the level of the NCRTD Board.
Addressing Issues of Costs, Funding, and the Budget
Early on, the Organizing Committee decided that it was very important to keep concerns
over funding of the NCRTD from derailing the certification approval process. The decision was
based on the realization that many of the cost issues could be resolved only after the District had
Research Report – NCRTD Organizing Pilot Project
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June 2005
been formed. First came certification of the NCRTD, then creation of a Board that would hire an
Executive Director to assemble a staff. Only then could the district draw up a service plan which
would, in turn, derive the first year’s financial needs and future budgets.
The Organizing Committee’s Financial Subcommittee and the official Finance
Committee of the NCRTD Board has been investigating a whole range of options for funding the
new District, including:
ƒ
Ability of local governments to increase their local-option (gross receipts’ tax) rates for
the specific purpose of funding this new governmental entity,
ƒ
State and federal transit and transportation funding to the cities and counties,
ƒ
Federal transportation funding to the Pueblos,
ƒ
Emergency preparedness and Homeland Security funding (because of concerns over
LANL), and
ƒ
Wide range of economic development funding which might be applicable to the RTD as a
mechanism to increase access to jobs and education.
Local transit providers already exist in some areas within the RTD, although some are
private contractors, while others are operated by the local governments. In any case, existing
infrastructure would be integrated into the new NCRTD, with the result that the cost of creating
new transit providers was not an immediate issue. Instead, cost issues centered on the
administrative and operating costs of the new District, including the salaries of the Executive
Director and staff and the cost of facilities and supplies.
Governing bodies were also concerned about the need to go to the voters for a gross
receipts’ tax (GRT) increase that would be used by a regional entity—although the monies from
each jurisdiction’s funds would be used to finance only that portion of the RTD that was
operating in or providing service to their portion of the district. The governing bodies have
stated that particular attention would have to be spent to educate and mobilize public support of
the certification process and to obtain RTD authority to increase the GRT.
As part of its mission, the NCRTD Organizing Committee with ATRI staff support drew
up a draft first-year budget, which became part of the certification packet that was circulated to
all the governmental units and to the public at the hearings (Attachment 28). The creation of the
budget made it easier to see that the District’s first year—which would be devoted to drawing up
a service plan—was relatively secure and would not entail outlays from local governments.
Research Report – NCRTD Organizing Pilot Project
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Conclusion
The NCRTD certification—the first in New Mexico—is far ahead of efforts to create
other RTDs in New Mexico. Representatives in other New Mexico regions are watching the
progress of the NCRTD and are interested in how this process can be tailored to the composition
and circumstances of their regions. NCRTD members are being enlisted to assist some of these
regions in the establishment of their own RTDs. This position of leadership in the north-central
region has had a profound impact on both local and tribal government officials and the public.
The NCRTD’s accomplishments have also brought a good deal of attention to these communities
from State government, including the Governor and senior NMDOT officials.
At a meeting of participants at a northern New Mexico Intergovernmental Summit held
on July 23, 2004, the question was asked, “Why has the North Central Regional Transit District
Organizing Committee been successful?” The meeting participants stated the following reasons:
1. Staffing infrastructure to ensure continuity and to move the process forward
2. One-on-one outreach and education
3. Having an intermediary/honest broker facilitate the process
4. A bottoms-up approach to decision-making
5. The “collective readiness” in the region for regional transit
6. The history of a successful regional transit program (The New Mexico Park and Ride)
7. Participants’ willingness to give and take in the group decision making process
8. Inclusive process
9. Pro-active process
10. Having the right personalities at the table
11. Direct tribal negotiation
12. Set of shared values
13. Respect
14. Accommodation to different governmental decision-making processes
These components of the successful NCRTD process are largely due to the work of the
ATRI/RDC facilitation process. The role of a neutral third party acting as a “convener” to
establish the NCRTD provided a neutral ground for member governments to make decisions
Research Report – NCRTD Organizing Pilot Project
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June 2005
about the future of the region. The role of ATRI as a convener was a key to the success of this
research project.
The certification process showed the public and elected officials in the north-central
region how much they can accomplish by working together with a vision for the greater common
good. The model of NCRTD implementation represents a truly collaborative process based on
openness, transparency, access to information, and mutual respect that has provided the proper
climate for intergovernmental accomplishment of ambitious goals and mutual benefits that make
a real difference in the quality of life for many people who need affordable, reliable
transportation to jobs, healthcare, and education. The NCRTD model of consensus building has
been adopted by the Regional Development Corporation in northern New Mexico as a way to
coordinate other regional issues.
Local and tribal governments are called to build bridges of collaboration through creation
of effective and equitable processes such as the NCRTD effort to preserve and enhance the best
qualities of both tribal and non-tribal people. Genuine government-to-government partnerships
can mean that all partners obtain more together than they could have on their own. The process
can be a catalyst for change in all regions of New Mexico as well as across the nation.
Research Report – NCRTD Organizing Pilot Project
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Attachment 1: Counties, Municipalities, and Pueblos Encompassed by the
Counties of Rio Arriba, Los Alamos, and Santa Fe.
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Attachment 2: NCRTD Boundary Map
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Attachment 3: North Central Regional Transit District Subcommittees’
Certification Timeline and Milestones
Timeline for
Organizing
Committee
Timeline for
Documents
Subcommittee
Timeline for Financial
Strategies Subcommittee
Key Milestones
April 1, 2004
Required documents completed and
reviewed by Working Group
April 5, 2004
Submit documents to NMDOT
legal counsel for review
April 21, 2004
May 6, 2004
June 3, 2004
Final review of documents,
financial planning, and preparation
of package materials
April 21, 2004
May 2004
Review documents package,
discuss legal changes, deadline for
Resolutions of Intent, report on
study sessions
June 2004
Interim funding identified and
secured, begin creating awareness
of this effort with the NM
Transportation Commission
Continue study sessions, continue
legal review of documents by each
governmental unit,
July FY 2005
Continue creating awareness of this
effort with the NM Transportation
Commission, continue study
sessions, continue legal review of
documents by each governmental
unit
July FY 2005
July 1 – FY2005
Continue formal approvals and
resolutions from entities to join the
district
August 5 – FY2005
Complete formal approvals and
resolutions from entities to join the
RTD, prepare for NM
Transportation Commission hearing
August FY 2005
August 6 – FY2005
Submit information to NM
Transportation Commission agenda
August 19 – FY2005
Taos, NM: Review and/or approval
of RTD designation by the NM
Transportation Commission
September 2 – FY2005
Begin to identify potential staffing
and NCRTD organizational needs
September FY 2005
October – November FY 2005
NCRTD Board constituted,
development of Service Plan by
NCRTD staff
December 2005
Research Report – NCRTD Organizing Pilot Project
RTD Board selection
37
June 2005
Attachment 4: NCRTD Celebration Invitation
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Attachment 5: NCRTD Board of Directors
Member
City of Española
Los Alamos County
Pojoaque Pueblo
Rio Arriba County
Director
Alice Lucero
City Councilor
Jim West
County Councilor
Board Vice Chair
James Rivera
Pojoaque Economic
Development
Board Chair
Elias Coriz
Chair, County Commission
Board Secretary
Alternate
Ivan Guillen
Special Projects Manager
Anthony J. Mortillaro
Assistant County Administrator
Miguel Lopez
Manager, Pojoaque Training Center
Ramon Dominguez
Director, Los Valles Transit
San Ildefonso Pueblo
Nathan Sanchez
Pueblo Council Member
Sean Hughes
Pueblo Council Member
San Juan Pueblo
Joe Garcia
Governor
Donald Cata, Sr.
Pueblo Council Member
Santa Clara Pueblo
Pat Naranjo
Sheriff
Ernestine Naranjo
Staff
City of Santa Fe
Miguel Chavez
Councilor District 3
Mike Lujan
City Manager
County of Santa Fe
Harry Montoya
County Commissioner
Jack Kolkmeyer
Director, Planning Division
Tesuque Pueblo
Charles J. Dorame
Governmental Affairs
Larry Samuel
Pueblo Council Member
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Building Regional
Attachment 6:
NCRTD PowerPoint
Presentation
Transportation Partnerships
Between Tribal & Local Governments
October 2004
Presenter:
DeAnza Valencia
Board Retreat of the North Central Regional Transit District
Cities of Gold Hotel, Pojoaque, NM
The North Central Regional
Transportation District (RTD) in NM
•In September 2004, the North Central RTD was
certified by the New Mexico Transportation
Commission (NMTC).
•The event is historic because it is the first RTD in
the nation to have both tribal and local governments
participating together.
•This presentation discusses the process which was
used to make possible such a partnership.
•This process can be a model for other regions.
The Purpose of Forming an RTD
• Create a win-win multi-government partnership;
• Allow tribal, state, and local governments to connect
local transit services with each other;
• Expand transit services to unserved areas;
• Reduce traffic congestion and air pollution around
Pueblos and communities; &
• Ability to evacuate area around Los Alamos National
Laboratory (LANL) in the event of a terrorist threat.
The Area Is Marked by Contrasts
The North Central Region includes: the Pueblos of Pojoaque, San
Ildefonso, San Juan, Santa Clara, Tesuque & Nambe – some of the
largest and smallest Pueblos in population in NM.
The North Central Region is also composed of the Counties of Santa
Fe, Rio Arriba, and Los Alamos. Rio Arriba is one of the poorest
counties & Los Alamos is the richest in NM. Rio Arriba is one of the
biggest counties in land area, while Los Alamos is the smallest. Santa
Fe County is mostly urban, while Rio Arriba County is rural.
In the North Central Region, the City of Santa Fe is very cosmopolitan,
while the City of Española (in Rio Arriba County) still has a small-town
feel to it. Los Alamos has a consolidated City-County government, &
LANL, the area’s largest employer, is located there.
A Map
of the
North
Central
Region
Map
Showing
the Pueblos
Relative to
Los Alamos
National
Laboratory
(LANL)
People in the North Central Region are Diverse
Los Alamos
County
Rio Arriba
County
Santa Fe
County
New Mexico
18,343
41,190
129,292
1,819,046
281,421,906
109
5,858
1,909
121,356
3,537,438
Persons per
Square Mile
167.8
7.0
67.7
15.0
79.6
% Hispanic
11.0%
72.9%
49.0%
42.1%
12.5%
0.6%
13.9%
3.1%
9.5%
0.9%
82.1%
13.6%
45.5%
44.7%
69.1%
2.9%
20.3%
12.0%
18.4%
12.4%
$34,646
$14,263
$23,594
$17,261
Population
Square Miles
% Native
American
% White, Not
Hispanic
% Below
Poverty Level
Income Per
Person
United
States
$21,587
The RTD from Conception to Law to Certification
• Aug. 2000 - During a National Quality Initiative on Transit in
Rural New Mexico, legislation was first suggested to enable
areas of the state to form RTDs.
• Feb. 2003 – Legislation was passed authorizing RTD and
establishing the process for certification in NM
• Feb. 2003 – Legislation was passed giving certified RTDs the
ability to raise the gross receipts tax (GRT) (after a vote of the
people) for funding which would be dedicated to transit.
• April 2003 – Representatives from pueblos, communities, and
counties in the North Central Region began to meet.
• July 2004 – All Agreements and Documents for certification
are ready.
• Sept. 2004 – North Central RTD is officially certified.
Major Challenges to Forming an RTD
•Would Pueblo sovereignty be negatively affected?
•Would the historic exclusion of Pueblo peoples from
government decision-making change under the RTD?
•How would the diverse jurisdiction that were to make up
the RTD be represented in voting strength?
•Would the RTD take-over existing transit services &
decision-making?
•How would an RTD affect local or tribal authority over
transit services?
•What would an RTD cost to run?
An Organizing Committee Of Representatives
from All the Jurisdictions Was Formed
The Alliance for Transportation Research Institute acted as a
consultant to the project & performed the following tasks:
•Coordinating the input of all the region’s jurisdictions & answering
questions about the RTD Act & other relevant laws;
•Investigating funding sources for the RTD;
•Preparing all the certifying documents;
•Coordinating one-on-one “study sessions” for government officials
(prior to public hearings and votes on joining the RTD);
•Presenting the information & materials in a clear & effective way to
governing bodies & the general public, ensuring that informed decisions
could be made swiftly; &
•Providing examples of cross-jurisdictional transit collaboration.
Creating/Distributing Information Quickly
To ensure that all representatives from the
jurisdictions had access to the information as it was
needed, the following steps were taken:
• An RTD Website was created.
• Documents, research materials, & other resources
were posted on the Website.
• These materials were also sent by email to the
representatives.
• Documents & materials in paper format were also
delivered or sent.
Certification Documents Needed
• Cover Letter,
• Resolutions of Intent to Participate in the RTD,
• List of Organizing Committee Members that Are the
Designated Representatives of their Jurisdictions & contact
information,
• Regional Transit District Act,
• Intergovernmental Contract,
• Board of Directors’ Bylaws
• RTD Member Voting Strength Analysis & Formula
• Regional Transit Mobility Concepts,
• RTD Map
Certification Documents Needed
•First Year Administrative Budget,
•Timeline of Initiation & Implementation
•Sample Resolution to Join the RTD
•First-Year Letter of Support from the Cabinet Secretary of
the State Department of Transportation (NMDOT)
•Letter to the NMDOT Office of General Counsel
•Schedule of the NM Transportation Commission Meetings
•Calendars & Minutes of the Organizing Committee,
Subcommittees & Public Meetings
•Timeline & Milestones for Becoming Certified
Providing Openness & Transparency
The Organizing Committee spent great time & effort providing
research & information, including:
•The specific language of the RTD Act & Guides detailing what
was needed for certification,
•A narrative about the relationship between the RTD & the
Metropolitan & Regional Planning Organizations (MPO/ RPO)
•Funding Guidelines & Expectations for effective transportation
& transit planning
•Analyses of the political, economic, & social benefits from
joining the RTD, which were specifically tailored to each of the
jurisdictions within the RTD
Providing Openness & Transparency
•Researching pertinent provisions of the Open Meetings Act &
posting them on the Website,
•Meetings with members of the committee, as well as with
other interested parties, such as LANL
•Incorporation of the Provisions of the Open Meetings Act into
the Intergovernmental Contract & the draft by-laws for the
Board of Directors
•Wide Circulation of the draft by-laws among the
governmental units & the general public
One-on-One “Study Sessions” & Support
One-on-one “study sessions” or outreach meetings
were held to overcome doubt and misinformation
about the intent & the scope of the RTDs relative to
their relationship to local & tribal governments and the
existing multi-jurisdictional planning organizations.
These one-on-one study sessions were key to
speeding up the process of obtaining agreements from
the individual jurisdictions to participate in the RTD.
Regional Mobility Concepts for the RTD
1. The geographic boundaries of the North Central Regional Transit
District (NCRTD) are the borders of Río Arriba, Los Alamos, and Santa
Fe Counties. NCRTD will include other Governmental Units within
these boundaries.
2. All services anticipated to be provided by the NCRTD are for the benefit
of the residents of, & visitors to, the North-Central NM Region.
3. Plan for the operation, coordination, and expansion of regional and
local public transit services within the boundaries of the District.
4. Participate in rural and urban transportation planning through
involvement in Regional Planning Organizations & the Santa Fe
Metropolitan Planning Organization.
5. Pursue the development of regional pedestrian/bicycle pathways to
enhance connections with transit services.
6. Promote existing public transit services to increase ridership & the
effectiveness & efficiency of transit services in the region.
Regional Mobility Concepts for the RTD
7. In the interest of a coordinated, expanded regional public transit service
network, the NCRTD will pursue management of the following transit
programs, projects & services:
• Regional Park-and-Ride commuter bus services from Santa Fe to Los
Alamos, Santa Fe to Española, Santa Fe to Albuquerque, & Española to
Los Alamos;
• Park-and-Ride facilities to connect to regional & local bus services, &
• to encourage carpooling;
• Commuter Rail service between Santa Fe & Albuquerque, & between
Santa Fe & Eldorado;
• Coordinated, integrated, consolidated, & expanded local bus service
wherever possible;
• Carpooling and Vanpooling in the tri-county area; &
• A dedicated Gross Receipts Tax (as one tool among others) for
financing the NCRTD operations, according to the laws of NM.
Population Thresholds Were Used to
Determine the Number of Voting
Units for Each Jurisdiction
A Population up to 5,000 = 1 Voting Unit
A Population up to 10,000 = 2 Voting Units
A Population up to 20,000 = 3 Voting Units
A Population up to 40,000 = 4 Voting Units
A Population up to 80,000 = 5 Voting Units
(The jurisdictions agreed on this formula, as a fair way to allocate votes.)
The Voting Formula* for the RTD
Board of Executives
Total Members: 10 Members
Total Voting Units: 25 Voting Units
Simple Majority Vote: 13 Voting Units
Two-thirds Majority Vote: 17 Voting Units
Quorum Requirements: 6 Members & 13
Voting Units
(*Based on thresholds of population of up to 5,000/10,000/20,000/40,000/80,000)
MAPPING THE RTD VISION
Legislature
Funding
Legislation Enabling RTD
Vision:
NCRTD
Mobility
Concepts
Map
Structure:
RTD Organization to
Deliver Services
Services:
Santa Fe Trails, Los Alamos Bus
Espanola Transit, Los Valles Transit
Northern NM Park 'N Ride
NCRTD Organizing
Committee Formed
Service Plan
Barriers/Opportunities:
Expansion, Connections, Funding,
Jurisdiction, & Communciation
Deferred Decisions
The members of the RTD decided to wait until
after the RTD was certified to decide how to
address coordination of transit services and
allocation of transit assets & funds.
Similarly, the members of the RTD decided to
wait to decide about issues of funding, based on
the realization that many issues of cost, funding
& budget could be resolved only after the RTD
was formed & certified. (But a draft first year’s
budget was agreed upon because it was needed
for certification.)
Research over Finances Was Needed
in the Following Areas:
•Ability of local governments to increase their local-option
(gross receipts’ tax) rates for the specific purpose of funding
this new government entity;
•State & federal transit & transportation funding to the Cities
& Counties;
•Federal transportation funding to the Pueblos;
•Emergency preparedness & Homeland Security funding
(because of concern over LANL;
•Wide range of economic development funding which might
be applicable & available to the RTD as a mechanism for
increased access to jobs, education, & healthcare.
The North Central RTD was officially
certified on September 15, 2004.
NOW IT’S FULL SPEED AHEAD!
For more information, please contact:
Judith M. Espinosa, Director, (505) 246-6410
DeAnza Valencia (505) 301-9202
ATR Institute, University of New Mexico
801 University Blvd. SE, #302
Albuquerque, NM 87106
Fax (505) 246-6001
jmespino@unm.edu
http://www.unm.edu/~atr
Attachment 7
NEW MEXICO OPEN MEETINGS ACT – SUMMARY
The Open Meetings Act (NMSA 1978 Chapter 10 - Article 15) was amended most recently in
1997 and 1999. The Act has four areas: basic policy for non-legislative bodies; basic policy for
legislative bodies; the effect violations of the law may have on validity of actions taken by public
bodies; the penalty for violation of the law.
Public bodies commonly adopt Robert’s Rules of Order or some similar code of parliamentary
procedure. The Open Meetings Act is mandatory and supersedes any local policy or procedure.
NB: although violations of the Act will invalidate any action taken, violations of the local
procedures will not invalidate an action as long as that action complies with the Act and any
other statutory requirements.
The following is a summary of the Act relevant to the North Central Regional Transit District
Subsection 10-15-1-(A) states that: “All meetings of any public body except the legislature and
the courts shall be public meetings and all persons desiring shall be permitted to attend and listen
to the deliberations and proceedings. Reasonable efforts shall be made to accomodate the use of
audio and video recording devices.”
This provision has been interpreted by the AGO to mean that people must be allowed to attend
and listen but do not have to be permitted to speak.
(B) All meetings of a quorum of members of any public entity (as defined by the Act) held for
the purpose of formulating any public policy or any action within the authority of a board or its
delegated authority are public meetings and open at all times to the public (except as noted
elsewhere in the NM Constitution and the Open Meetings Act). Any meeting convened as a
public meeting cannot be subsequently closed or broken up into smaller groups for the purpose
of allowing the meeting to be closed.
(C) Remote participation (by phone or other communications device) is permissible—if
otherwise allowed by a public body—by any member of a board if actual attendance is difficult,
but the meeting must be conducted such that all members of the board can hear each other
simultaneously, all speakers are identified at the time they speak, and members of the public
attending the meeting can also hear any member at the meeting speak during the meeting.
(D) Reasonable public notice must be given of any open or closed meeting at which a majority
or quorum of board members is present and which is intended to discuss or adopt any business
(see above). The body must determine its rules for notice at least annually at a public meeting
and must also include a listing of all licensed broadcast stations and general circulation
newspapers that have requested a written request for such notice.
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(E) A meeting may be recessed and reconvened to a day subsequent to that stated in the
meeting notice, if the body follows the procedures outlined in the Act; no business other than
that appearing on the original meeting agenda may be discussed in the reconvened meeting.
(F) Meeting notices must contain an agenda with a list of specific items of business and
information on how the public may obtain a copy of the agenda. The agenda must be available
at least 24 hours prior to a meeting, except in emergency situations. The body may act only on
items listed on the agenda, except in cases of emergency (as defined by the Act).
(G) The board must keep minutes of all meetings; they must be prepared within 10 days of the
meeting and approved, amended, or disapproved at the next meeting where a quorum is present.
The minutes must be available to the public.
(H) Open meeting provisions A, B, and G do not apply to the following:
Meetings pertaining to any license-related business except final actions, which must
be done at an open meeting
Limited personnel matters, meaning any personnel action relating to a public
employee except final action, which must take place in an open meeting; a public
employee may demand an open meeting
Administrative adjudicatory proceedings (trial-like proceedings by or against a person
before a public body) at which deliberations take place, but not those portions of the
proceedings at which evidence is offered or rebutted and any final action.
Discussion of collective bargaining strategy preliminary to negotiations between the
body and a bargaining unit representing employees of the body, and collective
bargaining sessions at which the policymaking body and representatives of the
bargaining unit are present
Portions of meetings at which purchasing decisions are made in excess of $2,500
from a sole source, and portions of meetings when contract negotiation discussions
are held regarding contents of sealed proposals solicited under the Procurement Code
Meetings subject to attorney-client privilege pertaining to possible litigation in which
the body is or may become a participant
Meetings regarding property or water rights transactions
If the decision to close a meeting or portion of a meeting is made in open meeting, the decision
must be approved by a majority vote of a quorum of the body and the subject(s) to be discussed
in closed meeting must be stated with reasonable specificity in the motion to close. The vote
must be in open meeting and the vote of each member of the body must be listed in the minutes.
Only those items announced or voted upon prior to closure may be discussed in the closed
meeting.
If the decision to close a meeting is made when the body is not in open meeting, the meeting may
not take place before appropriate public notice is given to the members of the body and the
general public stating the specific provision of the law authorizing the closed meeting and stating
with reasonable specificity the subject to be discussed.
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No action of any kind taken by a public body is valid unless it is taken at a meeting held in
accordance with the requirements of the Act. However, every action of a public body will be
presumed to have been taken in accordance with the requirements of the Act.
The Act will be enforced by the AGO or the district attorney in the county of jurisdiction.
However, any individual may independently apply for enforcement through the district courts as
long as the individual first provides written notice of the claimed violation to the public body and
the public body has denied or failed to act on the claim within 15 days of receiving notice. Any
public meeting held to address such a claim shall include a summary of comments made at the
meeting at which the claimed violation occurred.
There is a discussion of the awards available under the Act—in general, court costs and
reasonable attorney fees. A person convicted under the Act is guilty of a misdemeanor with
conviction carrying a fine of not more than $500.
The Act does not preclude other remedies or rights not relating to the question of open meetings.
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Appendix 8: Final NCRTD Intergovernmental Contract
NORTH CENTRAL
REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL
CONTRACT
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NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL CONTRACT
by and among
CITY OF ESPAÑOLA
COUNTY OF LOS ALAMOS
PUEBLO OF NAMBÉ
PUEBLO OF POJOAQUE
COUNTY OF RÍO ARRIBA
PUEBLO OF SAN ILDEFONSO
PUEBLO OF SAN JUAN
PUEBLO OF SANTA CLARA
CITY OF SANTA FE
COUNTY OF SANTA FE
AND
PUEBLO OF TESUQUE
Dated as of xxxxx
providing for the creation of
the “North Central Regional Transit District” as a Regional Transit District
pursuant to the New Mexico Regional Transit District Act,
Chapter 73, Article 25, Sections 1-18, NMSA 1978 (2003)
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Table of Contents
Page
Article I .................................................................................................................................................... 1/59
Definitions
Article II................................................................................................................................................... 3/61
Name and Purpose of the District and the Regional Transit Systems to be Provided
Article III ................................................................................................................................................. 4/62
Boundaries
Article IV ................................................................................................................................................. 4/62
Contract
Article V .................................................................................................................................................. 5/63
Powers
Article VI ................................................................................................................................................. 6/64
Board of Directors
Article VII................................................................................................................................................ 7/65
Directors
Article VIII............................................................................................................................................... 8/66
Officers
Article IX ............................................................................................................................................... 10/68
Voting Requirements
Article X ................................................................................................................................................ 10/68
Assets of the District
Article XI ............................................................................................................................................... 10/68
Adding and Withdrawing Territory
Signature Pages...................................................................................................................................... 12/70
Appendices
Appendix A Determination of Boundaries of the District ................................................................... 23/81
Appendix B Voting Strength Analysis ................................................................................................ 24/82
Appendix C Resolutions...................................................................................................................... 28/86
Appendix D Regional Transit Mobility Concept................................................................................. 41/97
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NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL CONTRACT
THIS NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL CONTRACT (hereinafter, this “Contract”) is entered into as of
xxxxxx by and among the CITY OF ESPAÑOLA, COUNTY OF LOS ALAMOS, PUEBLO
OF NAMBÉ, PUEBLO OF POJOAQUE, COUNTY OF RÍO ARRIBA, PUEBLO OF SAN
ILDEFONSO, PUEBLO OF SAN JUAN, PUEBLO OF SANTA CLARA, CITY OF
SANTA FE, COUNTY OF SANTA FE, AND PUEBLO OF TESUQUE (hereinafter, the
“Initial Members”).
RECITALS
WHEREAS, pursuant to the Regional Transit District Act, Chapter 73, Article 25,
Sections 1-18, NMSA 1978, (hereinafter the “Act”), New Mexico governmental units are
authorized to establish, by contract, regional transit districts, which, upon the satisfaction of the
conditions set forth in Article II hereof, are authorized to finance, construct, operate, maintain,
and promote regional transit systems; and
WHEREAS, governmental units may contract with one another to provide any function,
service, or facility lawfully authorized to each of the contracting units and any such contract may
provide for the joint exercise of the function, service, or facility, including the establishment of a
separate legal entity to do so; and
WHEREAS, the Initial Members are governmental units located in North Central New
Mexico, which desire to form a regional transit district pursuant to the Act for the purpose of
financing, Constructing, operating, maintaining, and promoting regional transit systems; and
WHEREAS, transit services promote independent living for the frail, the elderly, the
disabled, and those without access to automobiles by providing essential links to a variety of
medical, social, and other services, and the region recognizes the need to improve mobility
options for this growing segment of the population; and
WHEREAS, the Initial Members began working together on the goal of forming a
regional transit district in the Spring of 2003; and
WHEREAS, the Initial Members formed a working group in September 2003, which has
met regularly to consider the interests of the Initial Members; and
WHEREAS, the working group has specified the terms of this Contract and other
necessary documents based on comments received from and extensive discussions with the
Governing Bodies of each of the Initial Members.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants set forth below,
the Initial Members hereby agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions from the Act. The following terms shall, when capitalized,
have the meanings assigned to them in Section 73-25-3 of the Act:
“Board” means the board of directors of a district;
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“Bond” means a revenue bond;
“Combination” means two or more governmental units that exercise joint authority;
“Commission” means the New Mexico state transportation commission;
“Construct”, “Constructing”, or “Construction” means the planning, designing,
engineering, acquisition, installation, construction, or reconstruction of a regional
transit system;
“District” means a regional transit district that is a political subdivision of the state
created pursuant to the Act;
“Governmental Unit” means the state, a county or a municipality of the state, or an Indian
nation, tribe or pueblo located within the boundaries of the state;
“Regional Transit System” means a property, improvement, or system designed to be
compatible with established state and local transportation plans that transports or
conveys passengers within a region by means of a high-occupancy vehicle, including
an automobile, truck, bus, van, or railcar; and
“Revenues” means tolls, fees, rates, charges, assessments, grants, contributions, or other
income and revenues received by the district.
Section 1.02. Other Definitions. The following terms shall, when capitalized, have the
following meanings:
“Act” is defined in the Recitals hereto.
“Advisory Committee” means two or more persons appointed by the Board, pursuant to
Article VI, Section 3 hereof, for the purpose of providing advice to the Board and
includes the Citizen Advisory Committee.
“Boundaries” means the boundaries of the District determined in accordance with
Appendix A hereto, as such Appendix and term may be amended from time-to-time
in accordance with Articles IX and XI hereof.
“Citizen Advisory Committee” means the special Advisory Committee described as such
in Article III, Section 3 hereof.
“Contract” means this North Central Transit District Intergovernmental Contract, as
amended from time to time in accordance with the terms hereof.
“Director” means any person appointed as a Director pursuant to Article 4 hereof.
Whenever the person appointed as a Member’s Director pursuant to Article 4 hereof
is absent from a Board meeting, the term “Director” shall mean the Official Designee,
if any, appointed by such Member pursuant to Article 4 hereof.
“Governing Body” means, when used with respect to a Member, the city council, board
of trustees, board of commissioners, pueblo council, or other legislative body, as
appropriate, of such Member.
“Initial Boundaries” means the Boundaries of the District on the date the District is
originally certified pursuant to Article II hereof, as such Initial Boundaries are
determined in accordance with Appendix A hereto.
“Initial Members” means the initial signatories who become Members on the date on
which the District is originally certified pursuant to Section 2 hereof.
“Member” means the Initial Members and any Governmental Unit that becomes a
member of the District pursuant to Article XI hereof.
“NCRTD” is defined in the Recitals hereto.
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“Officer” means the Chair, Vice Chair, Secretary, or Treasurer of the District, and any
subordinate officer or agent appointed and designated as an officer of the District by
the Board.
“Official Designee” means any person appointed as an official designee, pursuant to
Article VII hereof.
“Regional Transit Services” means the transit services described in Appendix D.
ARTICLE II
NAME AND PURPOSE OF THE DISTRICT AND THE REGIONAL TRANSIT
SYSTEMS TO BE PROVIDED
Section 2.01. Name. The name of this transit district is the North Central Regional
Transit District (hereinafter, “the District”).
Section 2.02. Purpose. The purpose of the District, being a multimodal public transit
district formed pursuant to the Act, recognizes as its purpose to finance, Construct, operate,
maintain, and promote an efficient, sustainable, and regional multi-modal transportation system
at any location or locations, subject to compliance with the Act.
Section 2.03. Members. Membership in the District is open to Governmental Units
within or containing the boundaries of Los Alamos, Río Arriba, or Santa Fe Counties. Members
may be added or deleted pursuant to Section 73-25-17 of the Act and Article XI hereof.
Section 2.04. Establishment. The North Central Regional Transit District shall be
established as a separate political subdivision and body corporate of the State pursuant to the Act
and as a separate legal entity created by a contract among the Initial Members, effective upon
satisfaction of the following conditions:
(a) Each Initial Member has held at least one public hearing on the subject of this
Contract in accordance with Section 73-25-4 of the Act including relevant attention to
requirements for public notice; and
(b) Each Initial Member has executed this Contract.
Section 2.05. Regional Transit Systems to Be Provided.
The NCRTD will provide, but not be limited to, the type of regional transit services
described in Appendix D, “Regional Transit Mobility Concept for the North Central Regional
Transit District.”
Section 2.06. Specific Responsibilities. In addition to the general powers described in
Article V hereof, the District shall have the responsibilities described in this Section and shall
have all powers necessary to carry out such responsibilities, subject to the availability of funds
and, to the extent required by law, annual appropriation of funds by the Board. The description
of specific responsibilities and powers in this Section shall not, however, limit the general
powers of the District described in Article V hereof.
(a) Regional Transit Planning. The District shall work in coordination with the New
Mexico Department of Transportation (NMDOT), Regional Planning Organizations
(RPOs), and Metropolitan Planning Organizations (MPOs) to provide regional transit
planning services needed to plan and direct the Regional Transit Services of the
District, to pursue state and federal funding, and to coordinate overall transportation
policy within the area in which it provides Regional Transit Services.
(b) Regional Transit Services. The District shall use its best efforts to provide the
Regional Transit Services described in Appendix D hereto.
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(c) Contract Transit Services. The District may enter into contracts with any Member
or other Person for the provision of transit services in the manner and subject to the
terms of such contracts.
(d) Local Service. The District may fund Regional Transit Services that serve the
residents and businesses of a Member (as distinguished from regional services) but,
except as otherwise specifically provided herein, only pursuant to an agreement in
which such Member pays the District for the services provided on the same fully
allocated cost basis used to determine costs of District services throughout the
District’s service area.
ARTICLE III
BOUNDARIES
Section 3.01. Original Boundaries. Membership in transit districts is open to
Governmental Units, which means the State, a County or Municipality of the State, or an Indian
Nation, Tribe, or Pueblo located within the boundaries of the State. The North Central Regional
Transit District may include any Governmental Unit within or containing the boundaries of Los
Alamos, Río Arriba, or Santa Fe Counties, as described in Appendix A.
Section 3.02. Amendments to Boundaries. The original boundaries of the NCRTD
may be amended according to the process described in Article XI of this Contract.
ARTICLE IV
CONTRACT
Section 4.01. Effective Date. The term of this Contract shall begin when the New
Mexico State Transportation Commission has certified the creation of the District.
Section 4.02. Termination. The term of this Contract shall end when all the current
Members agree in writing to terminate this Contract; provided, however, that this Contract may
not be terminated so long as the District has any Bonds outstanding.
Section 4.03. Amendments. Any amendment to the Contract shall be made only by the
execution in writing of each of the governmental units that entered into the Contract.
Section 4.04. Parties of Interest. Nothing expressed or implied herein is intended or
shall be construed to confer upon any Person other than the Members any right, remedy or claim
under or by reason of this Contract; this Contract being intended for the sole and exclusive
benefit of the Members.
Section 4.05. No Personal Liability. No covenant or agreement contained in this
Contract or any resolution or Bylaw issued by the Board shall be deemed to be the covenant or
agreement of an elected or appointed official, officer, agent, servant or employee of any Member
in his or her individual capacity.
Section 4.06. Tort Claims. In accordance with the requirements and limitations of
liability set forth in the New Mexico Tort Claims Act, NMSA 1978, Sections 41-4-1 through 414-27, the District shall cover every risk for which immunity has been waived under the
provisions of the Tort Claims Act.
Section 4.07. Notices. Except as otherwise provided in this Contract, all notices,
certificates, requests, requisitions, or other communications by the District, any Member, any
Director, any Official Designee, any Officer, or any member of a Committee to any other such
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person pursuant to this Contract shall be in writing; shall be sufficiently given, and shall be
deemed given when actually received:
(a) In the case of the District and Officers of the District, at the last address designated by
the District for such purpose; and
(b) In the case of such other persons, at the last address specified by them in writing to
the Secretary of the District.
Unless a certain number of days is specified, notice shall be given within a reasonable period of
time.
Section 4.08. Assignment. None of the rights, benefits, duties, or obligations of any
Member may be assigned or delegated without the express written consent of all the Members.
Section 4.09. Severability. If any clause, provision, subsection, Section, or Article of
this Contract shall be held to be invalid, illegal, or unenforceable for any reason, the invalidity,
illegality, or enforceability of such clause, provision, subsection, Section or Article shall not
affect any of the remaining provisions of this Agreement.
Section 4.10. Interpretation. Subject only to the express limitations set forth herein,
this Contract shall be liberally construed:
(a) To permit the District and the Members to exercise all powers that may be exercised
by a regional transit district pursuant to the Act and by a separate legal entity created
by a contract among the Members;
(b) To permit the Members to exercise all powers that may be exercised by them with
respect to the subject matter of this Contract pursuant to the Act and other applicable
law; and
(c) To permit the Board to exercise all powers that may be exercised by the board of
directors of a regional transit district pursuant to the Act and by the governing body
of a separate legal entity created by a contract among the Members.
In the event of any conflict between the Act or any other law with respect to the exercise
of any such power, the provision that permits the broadest exercise of the power consistent with
the limitations set forth in this Contract shall govern.
Section 4.11. Governing Law. The laws of the State of New Mexico shall govern the
development and enforcement of this Contract.
Section 4.12. Counterparts. This Contract may be executed in any number of
counterparts, each of which, when so executed and delivered, shall be an original; but such
counterparts shall together constitute but one and the same Agreement.
ARTICLE V
POWERS OF THE DISTRICT
Section 5.01. Powers of the District. A district is a body politic and corporate. In
addition to other powers granted to the district pursuant to the Regional Transit District Act [7325 NMSA 1978], the district may:
(a) Have perpetual existence, except as otherwise provided in the contract;
(b) Finance, construct, operate, maintain, or promote regional transit systems within the
boundaries of the district;
(c) Enter into contracts and agreements affecting the affairs of the district;
(d) Establish, collect, and increase or decrease fees, tolls, rates, or charges for the use of
property of a regional transit system financed, constructed, operated, maintained, or
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promoted by the district; except that fees, tolls, rates, or charges imposed for the use
of a regional transit system shall be fixed and adjusted to pay for bonds issued by the
district;
(e) Pledge all or a portion of the revenues to the payment of bonds of the district;
(f) Provide transit services outside the boundaries of the district.
(g) Purchase, trade, exchange, acquire, buy, sell, lease, lease with an option to purchase,
dispose of, and encumber real or personal property and interest therein, including
easements and rights of way;
(h) Accept real or personal property for the use of the district and accept gifts and
conveyances upon the terms and conditions as the board may approve;
(i) Use the streets, highways, rail rights-of-way, and other public ways and, with
permission of the owner, to relocate or alter the construction of streets, highways, rail
rights-of-way, other public ways, electric and telephone lines and properties,
pipelines, conduits, and other properties, whether publicly or privately owned, if
deemed necessary by the district in the construction, reconstruction, repair,
maintenance, and operation of the system. Any damage that may occur to the
property shall be borne by the district; and
(j) Sue and be sued;
Section 5.02. Limitations on Powers of the District. The District shall be limited as
follows:
(a) The district may only finance, construct, operate, maintain, or promote Regional
Transit Systems;
(b) Advisory Committees may only be appointed and may only exercise the powers as
provided in Article III hereof;
(c) A notice of the imposition of or any change in any fee or the issuance of Bonds shall
be sent to the Division of Local Government and shall be filed with the State
Transportation Commission in accordance with the Act.
ARTICLE VI
BOARD OF DIRECTORS
Section 6.01. Establishment and Powers. The District shall be governed by a Board of
Directors (hereinafter, the “Board”) as described in Section 73-25-5 of the Act. The Board shall
exercise and perform all powers, privileges and duties vested in or imposed upon the District.
Subject to the exceptions in the Act, the Board may delegate any of its powers to an Officer or
agent of the Board.
Section 6.02. Powers of the Board. The Board shall, subject to the limitations set forth
herein and relevant State law, have all powers that may be exercised by the board of directors of
a regional transit district pursuant to the Act and all powers that may be exercised by the
governing body of a separate legal entity created by a contract among the Members. Such
powers shall include, but shall not be limited to:
(a) Adopt Bylaws;
(b) Fix the time and place of meetings and the method of notice of the meetings;
(c) Make and pass orders and resolutions necessary for the government and management
of the affairs of the District and the execution of the powers vested in the District;
(d) Appoint, hire, or retain an Executive Director;
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(e) Adopt and use a seal;
(f) Maintain offices at a place the Board may designate;
(g) Prescribe financial and procurement policies and procedures in accordance with
relevant State and Federal laws and policies;
(h) Adopt other policies as may be deemed necessary for the functioning of the District;
and
(i) Appoint advisory committees and define the duties of the committees.
Section 6.03. Advisory Committees. The Board shall appoint and maintain a Citizen
Advisory Committee to advise the Board with respect to policy and service matters. The Board
may also appoint other Advisory Committees to advise the Board. The members of the Citizen
Advisory Committee shall not be Directors, Official Designees, or employees of the District.
The members of Advisory Committees other than the Citizen Advisory Committee may include
Directors, Official Designees, and Officers of the District. Advisory Committees shall not be
authorized to exercise any power of the Board.
Section 6.04. Bylaws and Rules. The Board, acting by resolution adopted as provided
in Article IX hereof, may adopt bylaws or rules governing the activities of the District and the
Board, including, but not limited to, bylaws or rules governing the conduct of Board meetings,
voting procedures, and the type of resolutions that must be in writing.
Section 6.05. Budget. The Board shall approve an annual budget pursuant to the legal
requirement to submit an annual budget to the State.
ARTICLE VII
DIRECTORS
Section 7.01. Appointment of Directors and Official Designees. Pursuant to Section
73-25-5 of the Act, the Board shall be composed of one (1) Director from each Member of the
District. A Director shall be an elected official or Official Designee. The Director or Official
Designee (if any) shall be nominated by the chief elected official of the Member and approved
by the Governing Body of the Member.
Section 7.02. Terms of Office. The term of office of each Director and Official
Designee shall commence with the first meeting of the Board following his or her appointment
and shall continue until removed by the appointing Member, or until she or he no longer holds
elective office in the Governing Body of the appointing Member, or until she or he submits a
written resignation to the Chair. Directors shall not serve a term longer than four (4) years unless
re-appointed by their Member governing body.
Section 7.03. Resignation and Removal. Any Director or Official Designee may resign
at any time, effective upon receipt by the Secretary or the Chair of written notice signed by the
person who is resigning; and may be removed at any time by the Governing Body of the Member
that appointed him or her, effective upon receipt by the Secretary or the Chair of written notice
signed by the Governing Body of the appointing Member.
Section 7.04. Vacancies. Vacancies in the office of any Director or Official Designee
shall be filled in the same manner in which the vacant office was originally filled.
Section 7.05. Compensation. Directors and Official Designees shall serve without
compensation, but may be reimbursed for expenses incurred in serving in such capacities upon
such terms and pursuant to such procedures as may be established by the Board, pursuant to
State law.
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ARTICLE VIII
OFFICERS
Section 8.01. Identification. The Board shall elect or appoint a Chair, a Vice Chair, a
Secretary, and a Treasurer.
Section 8.02. Appointment. The Board shall elect Officers each year at the first regular
meeting of the Board after the start of the fiscal year. The currently elected Board shall elect
Officers by simple majority vote after canvassing each member as to his or her interest in
service, time availability, and qualifications. The Officers shall be Directors. All Officers of the
District shall meet the other qualifications, if any, stated for his or her office elsewhere in this
Article.
Section 8.03. Term of Office. Each Officer shall serve a one (1) year term commencing
upon election or appointment by the Board. Each Officer shall serve until the end of their term
or until a successor is elected or appointed or the Officer is lawfully removed pursuant to State
law, this Contract, or the Bylaws. Officers may serve unlimited terms.
Section 8.04. Resignation. Any Officer may resign at any time effective upon receipt
by the Secretary or the Chair of written notice signed by the person who is resigning.
Section 8.05. Removal of Officers. Any Officer of the Board may be removed at any
time by a two-thirds majority vote of the Board.
Section 8.06. Vacancies. Vacancies in the office of any Officer shall be filled in the
same manner in which such office was originally filled.
Section 8.07. Chair. The Chair shall:
(a) Have the power to call meetings of the Board and to preside over such meetings;
(b) Have the power to execute, deliver, acknowledge, file, and record on behalf of the
District such documents as may be required by the Act or other applicable law;
(c) Have the power to execute and deliver contracts, deeds, and other instruments and
agreements on behalf of the District as are necessary or appropriate in the ordinary
course of its activities or as are duly authorized or approved by the Board;
(d) Have such additional authority, powers, and duties as are appropriate and customary
for the office of the Chair of the board of directors of entities such as the District, and
as the Board may otherwise prescribe.
Section 8.08. Vice Chair. The Vice Chair shall:
(a) Be the Officer next in seniority after the Chair and, upon the death, absence, or
disability of the Chair, shall have the authority, powers, and duties of the Chair;
(b) Have such additional authority, powers, and duties as are prescribed by the Board.
Section 8.09. Secretary. If a Treasurer has not been elected or appointed, the Secretary
shall also serve as Treasurer and may use the title of Treasurer in performing the functions of
Treasurer. The Secretary shall:
(a) Designate a staff member who will assist in carrying out the work of the Secretary,
under the day-to-day supervision of the Executive Director but with responsibility
lying with the Secretary;
(b) Give, or cause to be given, notice of all meetings (including special meetings) of the
Board;
(c) Keep written minutes of such meetings;
(d) Be responsible for the maintenance of all records and files and the preparation and
filing of reports to governmental agencies (other than tax returns);
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(e) Have such other authority, powers and duties as are appropriate and customary for the
office of Secretary of entities such as the District, and as the Board may otherwise
prescribe.
Section 8.10. Treasurer. The Treasurer shall, subject to rules and procedures
established by the Board:
(a) Designate a staff member who will assist in carrying out the work of the Treasurer,
under the day-to-day supervision of the Executive Director but with responsibility
lying with the Treasurer;
(b) Be responsible for the custody of the funds and all stocks, bonds, and other securities
owned by the District;
(c) Be responsible for the preparation and filing of all tax returns, if any, required to be
filed by the District;
(d) Receive all moneys paid to the District and, subject to any limits imposed by the
Board or the Chair, shall have authority to give receipts and vouchers, and endorse
checks and warrants in the District’s name and on the District’s behalf, and to give
full discharge for the same;
(e) Not sign checks and warrants, but must secure the signatures of both the Executive
Director and one other Board member. In the absence of the Executive Director, a
second Officer may sign;
(f) Have charge of disbursement of the funds of the District, shall keep full and accurate
records of the receipts and disbursements, and shall deposit all moneys and other
valuables in such depositories as shall be designated by the Board;
(g) Deposit and invest all funds of the District in accordance with the laws of the State
applying to the deposit and investment of funds of regional transit districts formed
under the Act;
(h) Have such additional authority, powers and duties as are appropriate and customary
for the office of Treasurer of entities such as the District, and as the Board may
otherwise prescribe.
Section 8.11. Executive Director. The Board shall appoint an Executive Director who
shall be the chief executive officer of the District, shall supervise the activities of the District,
shall see that all policies, directions and orders of the Board are carried out and shall, under the
supervision of the Board, have such other authority, powers, or duties as may be prescribed by
the Board. The Executive Director shall, subject to rules and procedures established by the
Board:
(a) Sign contracts or agreements with vendors or service providers that are necessary to
carry out the purposes of the District, provided, however, that they involve less than
$100,000, and are included in a duly approved budget. Expenses over $100,000 shall
be approved by the Board and signed by the appropriate Officers;
(b) Appoint, hire, and retain employees, agents, engineers, attorneys, accountants,
financial advisors, investment bankers, and other consultants as approved through the
budget process;
(c) Dispose of assets of the District, provided, however, that the assets are no longer
useful to the District and have a nominal market value;
(d) Sign contracts or agreements specifically approved by the Board.
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Section 8.12. Changes to Authority, Powers and Duties. Notwithstanding any other
provision of this Article, the Board at any time may expand, limit, or modify the authority,
powers and duties of any Officer pursuant to the Act.
ARTICLE IX
VOTING REQUIREMENTS
Section 9.01. Voting Strength of Members. Each Member of the District shall have a
voting strength as determined by the Voting Strength Analysis, Appendix B.
Section 9.02. Quorum. The presence of Directors representing a majority of the
Members and a majority of the total number of voting units shall be necessary to constitute a
quorum for the transaction of business.
Section 9.03. Simple Majority Vote. If a quorum is present, action by simple majority
of voting units present and eligible to vote shall be the act of the Board, unless the act of a
greater number is required by the Bylaws, the Contract, or applicable law.
Section 9.04. Two-Thirds Vote. If a quorum is present, two-thirds (2/3) majority of the
voting units is required for the following actions:
(a) Addition or withdrawal of territory or property, pursuant to Article 8 of the Bylaws,
Article XI of this Contract, and Sections 73-25-6 and 73-25-17 of the Act;
(b) Removal of Officers from the Board, pursuant to Article 10 of the Bylaws and Article
VIII of this Contract;
(c) Amendment of the Bylaws, pursuant to Section 15 of the Bylaws.
(d) Amendments to this Contract, pursuant to Article IV of this Contract.
Section 9.05. Budget. The annual budget shall be passed by a simple majority of voting
units.
ARTICLE X
ASSETS
Section 10.01. Acquisition of Assets. The District may acquire assets on its own
authority or through contract with Members of the District. Assets contributed by each Member
shall be so noted.
Section 10.02. Disposition of Assets. The District may dispose of assets that are
surplus, at the end of their useful life, or are no longer needed by the District, pursuant to State
and Federal regulations.
Section 10.03. Distribution of Assets Upon Termination. Upon termination of this
Contract, pursuant to Article IV hereof, the net assets of the District shall be distributed to the
parties with a financial interest in the assets and in proportion to their contribution to the
purchase of the asset. Where the District itself has a financial interest in the asset, its current
value will be divided equally among the Members of the District at the time of its termination.
ARTICLE XI
ADDING OR WITHDRAWING TERRITORY
Section 11.01. Initial Members. The Initial Members shall be the initial signatories
whose participation in the District is described in Articles II and III, and Appendix A hereof.
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Section 11.02. Addition of Members. After the creation of the District, a
Governmental Unit adjacent to or contained within a Governmental Unit adjacent to, but not part
of, the District may join the District as a Member and determine the territorial area to become a
part of the District, subject to following the same procedure as for Initial Members as described
in Article II of this Contract. An affirmative vote by two-thirds (2/3) of the voting units of the
Board of Directors shall be required before the governmental unit may join the District.
Section 11.03. Inclusion or Exclusion of Property. The Board may include or exclude
property from the boundaries of the District, pursuant to Section 73-25-6 and Section 73-25-17
of the Act.
Section 11.04. Withdrawal of Members. A Member of the District may withdraw
from the District by adopting a resolution to withdraw. The Member shall withdraw its
representative from the Board of Directors. Real property owned by the District within the
boundaries of the withdrawing Member shall remain the property of the District. The provisions
of withdrawal shall be negotiated and agreed to by the Board of Directors, the Member, and the
Commission pursuant to Article 73-25-17 of the Act.
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SIGNATURE PAGE
To
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL AGREEMENT
Dated as of xxxxxxx
ATTEST:
__________________________
CITY OF ESPAÑOLA
By
______________________________
Clerk
Name ______________________________
Title
Research Report – NCRTD Organizing Pilot Project
______________________________
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June 2005
SIGNATURE PAGE
To
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL AGREEMENT
Dated as of xxxxxxx
ATTEST:
__________________________
COUNTY OF LOS ALAMOS
By
______________________________
Clerk
Name ______________________________
Title
Research Report – NCRTD Organizing Pilot Project
______________________________
71
June 2005
SIGNATURE PAGE
To
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL AGREEMENT
Dated as of xxxxxxx
ATTEST:
__________________________
PUEBLO OF NAMBÉ
By
______________________________
Clerk
Name ______________________________
Title
Research Report – NCRTD Organizing Pilot Project
______________________________
72
June 2005
SIGNATURE PAGE
To
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL AGREEMENT
Dated as of xxxxxxx
ATTEST:
__________________________
PUEBLO OF POJOAQUE
By
______________________________
Clerk
Name ______________________________
Title
Research Report – NCRTD Organizing Pilot Project
______________________________
73
June 2005
SIGNATURE PAGE
To
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL AGREEMENT
Dated as of xxxxxxx
ATTEST:
__________________________
COUNTY OF RÍO ARRIBA
By
______________________________
Clerk
Name ______________________________
Title
Research Report – NCRTD Organizing Pilot Project
______________________________
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June 2005
SIGNATURE PAGE
To
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL AGREEMENT
Dated as of xxxxxxx
ATTEST:
__________________________
PUEBLO OF SAN ILDEFONSO
By
______________________________
Clerk
Name ______________________________
Title
Research Report – NCRTD Organizing Pilot Project
______________________________
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June 2005
SIGNATURE PAGE
To
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL AGREEMENT
Dated as of xxxxxxx
ATTEST:
__________________________
PUEBLO OF SAN JUAN
By
______________________________
Clerk
Name ______________________________
Title
Research Report – NCRTD Organizing Pilot Project
______________________________
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June 2005
SIGNATURE PAGE
To
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL AGREEMENT
Dated as of xxxxxxx
ATTEST:
__________________________
PUEBLO OF SANTA CLARA
By
______________________________
Clerk
Name ______________________________
Title
Research Report – NCRTD Organizing Pilot Project
______________________________
77
June 2005
SIGNATURE PAGE
To
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL AGREEMENT
Dated as of xxxxxxx
ATTEST:
__________________________
CITY OF SANTA FE
By
______________________________
Clerk
Name ______________________________
Title
Research Report – NCRTD Organizing Pilot Project
______________________________
78
June 2005
SIGNATURE PAGE
To
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL AGREEMENT
Dated as of xxxxxxx
ATTEST:
__________________________
COUNTY OF SANTA FE
By
______________________________
Clerk
Name ______________________________
Title
Research Report – NCRTD Organizing Pilot Project
______________________________
79
June 2005
SIGNATURE PAGE
To
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
INTERGOVERNMENTAL AGREEMENT
Dated as of xxxxxxx
ATTEST:
__________________________
PUEBLO OF TESUQUE
By
______________________________
Clerk
Name ______________________________
Title
Research Report – NCRTD Organizing Pilot Project
______________________________
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APPENDIX A
DETERMINATION OF THE ORIGINAL BOUNDARIES OF THE DISTRICT
The Original Boundaries of the District may, subject to Articles II and III hereof, consist
of Governmental Units located within or containing the boundaries of Los Alamos, Río Arriba,
or Santa Fe Counties. The attached map shows the original boundaries of the District.
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APPENDIX B
VOTING STRENGTH ANALYSIS
METHOD USED
The following analysis began as a look at two methods:
a) a weighted method based on absolute population numbers, with the population of the smallest
unit divided into the populations of the other units to determine voting strength. With this
method, the smallest governmental unit receives “1.00” vote;
b) a threshold method based on population ranges, rather than absolute numbers. The threshold
analysis included a variety of threshold combinations.
At the January 28, 2004, meeting of the “Documents” Subcommittee of the NCRTD, it was
decided to use a threshold method. This was based on the fact that using the absolute population
to calculate voting strength resulted in the smaller governmental units having almost no
representation relative to the larger units. The weighted method is used in the East where a
number of communities combine for a purpose like the NCRTD, but where relative populations
are not so far apart.
The threshold method deals with these large population disparities. The Committee
experimented with a number of different thresholds and decided to use the following thresholds
(x1000): 5/10/20/40/80.
The method works as follows: each Member (“governmental unit”) of the NCRTD is entitled to
one vote (1) by virtue of being a Member. Each time its population crosses a threshold, it gains
another vote. The minimum vote strength is “1” and the maximum is “6.” Since no Member has
population sufficient to cross the (80) threshold, the maximum at present is only “5” votes.
As can be seen from the Tables at the end of this analysis, the threshold method increases the
voting strength of the smaller NCRTD Members relative to the larger ones (Santa Fe County and
Santa Fe City).
SOURCES FOR POPULATION FIGURES
The population figures used in the analysis come from several sources. Population data for the
New Mexico State governmental units (counties and cities) comes from the US Census Bureau’s
(USCB) website. The USCB conducts intercensal data collection on an annual basis and
publishes this in July each year, following the year the data was collected. Therefore, the data
for US governmental units for 2002 is released in July 2003.
The USCB does not conduct similar intercensal data collection for Tribes/Pueblos/Nations, so
their data comes from two sources: the USCB decennial census (in this case, the 2000 Census)
and the Bureau of Indian Affairs (BIA) local service population figures. This data is
supplemented by information coming from individual Pueblos regarding their enrolled, resident,
population.
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The population data sources are:
NM State governmental units: Table SUB-EST2002-10-35-New Mexico Incorporated Place
Population Estimates, Sorted Within County: April 1, 2000 to July 1, 2002; Population
Division US Census Bureau; released July 10, 2003;
http://eire.census.gov/popest/data/cities/tables/SUB-EST2002-10-35.pdf
Pueblo governmental units: GCT-PH1. Population, Housing Units, Area, and Density: 2000;
Census 2000 Summary File 1 (SF 1) 100-Percent Data; New Mexico -- American Indian
Area; http://factfinder.census.gov/servlet/GCTTable?_bm=y&-geo_id=04000US35&_box_head_nbr=GCT-PH1&-ds_name=DEC_2000_SF1_U&-format=ST-8
Pueblo governmental units: Bureau of Indian Affairs, Local Estimates of Indian Service
Population and Labor Market Information, 2001 Labor Force Data (as provided by Mark
Tibbets, 2-26-04 and supplemented by Santa Clara Pueblo (for their numbers) in a phone
conversation with the Pueblo enrollment officer in early March 2004). Numbers in this table
reflect “Total Eligible for Services” in the category: “Service Population on-or-near
Reservation.”
NON-DUPLICATION OF POPULATION NUMBERS
When counting population for Members of the Regional Transit District, population data from
one Member does not count in the population for other Members. For example, Española City
data do not count in the population numbers for Río Arriba County. Similarly, data for Santa
Clara Pueblo (enrolled and resident on the Pueblo) do not count for Río Arriba County.
This last example brings up an important point: a couple of Pueblos cross county boundaries.
Adjusting County population figures in these cases will require discussions among the Members
involved in order to determine how numbers will impact the population figures used by the
counties for purposes of voting strength. It is likely, for instance, that most Pueblo residents live
close to the administrative and economic center of the Pueblo; including all other residents living
on the periphery of the Pueblo may not matter for adjusting county Member figures so that for
the sake of simplicity, all Pueblo residents would count against the data for a single county
Member.
VOTING STRENGTH ANALYSIS
Following are two tables. The first shows the initial analysis of the weighted and threshold
methods of assigning voting strength. The second gives more detail on the threshold method the
Committee decided on and presented to the Working Group.
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VOTING STRENGTH ANALYSES
Member
Española
Los Alamos
Nambé
Pojoaque
Río Arriba
San Ildefonso
San Juan
Santa Clara
Santa Fe City
Santa Fe Co.
Tesuque
TOTALS
Simple
Majority
2/3 Majority
1
Population
9,791
18,305
448
255
29,674
644
2,688
1600
65,127
64,932
404
193,868
TABLE 1: INITIAL ANALYSIS
COMPARING METHODS
Weighted Method w %
2.5/5/10/15/301 w %
38.40
5.05%
3
9.40%
71.78
9.44%
5
15.63%
1.76
.23%
1
3.13%
1.00
.13%
1
3.13%
116.39
15.31%
5
15.63%
2.53
.33%
1
3.13%
10.54
1.39%
2
6.25%
6.27
.82%
1
3.13%
255.40
33.59%
6
18.75%
254.64
33.49%
6
18.75%
1.58
.21%
1
3.13%
760.29 votes
32 votes
380.16
506.96
17.00
21.34
5/10/15/30/601 w %
2
7.14%
4
14.29%
1
3.57%
1
3.57%
4
14.29%
1
3.57%
1
3.57%
1
3.57%
6
21.43%
6
21.43%
1
3.57%
28 votes
15
19
5/10/20/401 w %
2
8.00%
3
12.00%
1
4.00%
1
4.00%
4
16.00%
1
4.00%
1
4.00%
1
4.00%
5
20.00%
5
20.00%
1
4.00%
25 votes
13
17
Voting Units are awarded in the following manner: All Members receive one (1) vote by virtue of being a Member. Members receive additional votes each time their population
crosses a threshold. Note that population from one Governmental Unit is not counted in the population for another Governmental Unit with which it shares territory. For
example, the population of the City of Santa Fe is subtracted from the population for the County of Santa Fe.
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The method finally chosen was the threshold method using population thresholds of 5,000/ 10,000/ 20,000/ 40,000/ 80,000. This is
the same as the last column of Table 1, above. As can be seen in Table 1, this set of thresholds provides the greatest voting strength to
the Pueblos of any of the four methods analyzed. In turn, it lowers the voting strength of the larger Members. Some additional
analysis has been applied to Table 1 to derive Table 2, below:
Member
Española City
Los Alamos County
Nambé Pueblo
Pojoaque Pueblo
Río Arriba County
San Ildefonso Pueblo
San Juan Pueblo
Santa Clara Pueblo
Santa Fe City
Santa Fe County
Tesuque Pueblo
TOTAL
TABLE 2: FINAL ANALYSIS – 5/10/20/40/80 THRESHHOLDS
Population2
Population
Member
Population Total Voting
% of Total
Unit2
Units3
Units
9,791
5.1
1
1
2
18,305
9.4
1
2
3
448
0.2
1
0
1
255
0.1
1
0
1
29,674
15.3
1
3
4
644
0.3
1
0
1
2,688
1.4
1
0
1
1,600
0.8
1
0
1
65,127
33.6
1
4
5
64,932
33.5
1
4
5
404
0.2
1
0
1
193,868
99.9
11
14
25
TOTAL MEMBERS…11
TOTAL VOTING UNITS…25
QUORUM REQUIREMENTS….6 Members AND 13 Voting Units
Voting Units
% of Total
8
12
4
4
16
4
4
4
20
20
4
100
SIMPLE MAJORITY VOTE…...13 Voting Units
TWO-THIRDS VOTE…………. 17 Voting Units
2
NM State entities: Table SUB-EST2002-10-35-New Mexico Incorporated Place Population Estimates, Sorted Within County: April 1, 2000 to July 1, 2002; Population Division
US Census Bureau; released July 10, 2003; http://eire.census.gov/popest/data/cities/tables/SUB-EST2002-10-35.pdf. Tribal entities: Bureau of Indian Affairs, Local Estimates
of Indian Service Population and Labor Market Information, 2001 Labor Force Data (as provided by Mark Tibbets, 2-26-04 and supplemented by Santa Clara Pueblo (for their
numbers) in a phone conversation with the Pueblo enrollment officer in early March 2004); numbers in the table reflect “Total Eligible for Services” in the category: “Service
Population on-or-near Reservation.” Population figures will be revised in 2005 based on the latest US Census population estimate and current Pueblo numbers, then further
revised according to the 2010 US Census, and thereafter revised with each new ten-year census count (final version).
3
Voting Units are awarded in the following manner: All Members receive one (1) vote by virtue of being a Member. Members receive one (1) additional vote for population
between 5000 and 9,999; an additional vote for population between 10,000 and 19,999; an additional vote for population between 20,000 and 39,999; an additional vote for
population between 40,000 and 79,999; an additional vote for population equal to or greater than 80,000.
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APPENDIX C-1
NORTH CENTRAL REGIONAL TRANSIT DISTRICT (NCRTD) RESOLUTION
(CITY OF ESPAÑOLA)
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APPENDIX C-2
NORTH CENTRAL REGIONAL TRANSIT DISTRICT (NCRTD) RESOLUTION
(COUNTY OF LOS ALAMOS)
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APPENDIX C-3
NORTH CENTRAL REGIONAL TRANSIT DISTRICT (NCRTD) RESOLUTION
(PUEBLO OF NAMBÉ)
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APPENDIX C-4
NORTH CENTRAL REGIONAL TRANSIT DISTRICT (NCRTD) RESOLUTION
(PUEBLO OF POJOAQUE)
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APPENDIX C-5
NORTH CENTRAL REGIONAL TRANSIT DISTRICT (NCRTD) RESOLUTION
(COUNTY OF RÍO ARRIBA)
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APPENDIX C-6
NORTH CENTRAL REGIONAL TRANSIT DISTRICT (NCRTD) RESOLUTION
(PUEBLO OF SAN ILDEFONSO)
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APPENDIX C-7
NORTH CENTRAL REGIONAL TRANSIT DISTRICT (NCRTD) RESOLUTION
(PUEBLO OF SAN JUAN)
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APPENDIX C-8
NORTH CENTRAL REGIONAL TRANSIT DISTRICT (NCRTD) RESOLUTION
(PUEBLO OF SANTA CLARA)
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APPENDIX C-9
NORTH CENTRAL REGIONAL TRANSIT DISTRICT (NCRTD) RESOLUTION
(CITY OF SANTA FE)
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APPENDIX C-10
NORTH CENTRAL REGIONAL TRANSIT DISTRICT (NCRTD) RESOLUTION
(COUNTY OF SANTA FE)
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APPENDIX C-11
NORTH CENTRAL REGIONAL TRANSIT DISTRICT (NCRTD) RESOLUTION
(PUEBLO OF TESUQUE)
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APPENDIX D
REGIONAL TRANSIT MOBILITY CONCEPTS
FOR THE NORTH CENTRAL REGIONAL TRANSIT DISTRICT (NCRTD)
1. The geographic boundaries of the NCRTD are the borders of Río Arriba, Los Alamos, and
Santa Fe Counties. NCRTD will include other Governmental Units within these boundaries.
2. All services anticipated to be provided by the NCRTD are for the benefit of the residents of,
and visitors to, the North Central New Mexico Region.
3. Plan for the operation, coordination, and expansion of regional and local public transit
services within the boundaries of the District.
4. Participate in rural and urban transportation planning through involvement in Regional
Planning Organizations and the Santa Fe Metropolitan Planning Organization.
5. Pursue the development of regional pedestrian/bicycle pathways to enhance connections with
transit services.
6. Promote existing public transit services to increase ridership and the effectiveness and
efficiency of transit services in the region.
7. In the interest of a coordinated, expanded regional public transit service network, the
NCRTD will pursue management of the following transit programs, projects and services:
Y Regional Park and Ride commuter bus services from Santa Fe to Los Alamos, Española, Albuquerque,
and Española to Los Alamos;
Y Park and Ride bus service to/from the Santa Fe area;
Y Park and Ride lots to connect to regional and local bus service and to encourage citizens of the region to
carpool;
Y Commuter Rail service between Santa Fe and Albuquerque;
Y Commuter Rail service between Santa Fe and Eldorado;
Y Coordinated, integrated, consolidated, and expanded local bus service wherever possible;
Y Carpooling and Vanpooling in the tri-county are;
Y A dedicated GRT as one tool among others for financing the NCRTD operations pursuant to State of
New Mexico statutes.
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Appendix 9: Final NCRTD Board of Directors Bylaws
North Central
Regional Transit District
Board of Directors
Bylaws
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Table of Contents
Page
Article I ....................................................................................................................................1/100
Name
Article II..........................................................................................................................................1
Purpose
Article III ........................................................................................................................................1
Supremacy of Establishing Documents
Article IV ........................................................................................................................................1
Powers of The District
Article V...................................................................................................................................2/101
Offices
Article VI ........................................................................................................................................2
Membership
Article VII................................................................................................................................3/102
Powers of the Members
Article VIII .....................................................................................................................................3
Addition or Withdrawal of Territory
Article IX ........................................................................................................................................3
Board of Directors
Article X...................................................................................................................................5/104
Officers
Article XI .................................................................................................................................7/106
Meetings of the Board
Article XII..............................................................................................................................10/109
Advisory Committees
Article XIII ............................................................................................................................11/110
Executive Director
Article XIV ...................................................................................................................................11
Finance
Article XV ..............................................................................................................................12/111
General Provisions
Signature Page.......................................................................................................................13/112
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NORTH CENTRAL REGIONAL TRANSIT DISTRICT
BYLAWS
ARTICLE I
NAME
The name of this transit district is the North Central Regional Transit District (hereinafter, “the
District”).
ARTICLE II
PURPOSE
The District, being a governmental entity, a multimodal public transit district formed pursuant to
NMSA 1978 Chapter73, Article 25 (2003) (hereinafter, “the Act”), recognizes as its purpose
the development, operation, management, and improvement of transportation systems serving
residents in the North Central New Mexico Region.
ARTICLE III
SUPREMACY OF ESTABLISHING DOCUMENTS
The District shall be operated according to the provisions of the Act as amended, the
Intergovernmental Contract (hereinafter the “Contract”), these Bylaws, and such other applicable
laws of the State of New Mexico (hereinafter, the “State”). In the event of a conflict, the statutes
shall govern, followed by the Contract, then the Bylaws.
ARTICLE IV
POWERS OF THE DISTRICT
Section 4.01. Corporate Entity. The District is a body politic and corporate. In addition to
other powers granted to the District pursuant to the Act, the District may:
(a) Have perpetual existence;
(b) Finance, construct, operate, and maintain regional transit systems within the boundaries
of the District and provide transportation services outside the boundaries of the District;
(c) Enter into contracts and agreements affecting the affairs of the District;
(d) Establish, collect, and increase or decrease fees, tolls, rates, or charges for the use of
property of the regional transit system financed, constructed, operated , and maintained
by the District; except that fees, tolls, rates, or charges imposed for the use of the system
shall be fixed and adjusted to pay for bonds issued by the District;
(e) Pledge all or a portion of the revenues to the payment of bonds of the District;
(f) Purchase, trade, exchange, acquire, buy, sell, lease with an option to purchase, dispose of,
and encumber real or personal property and interest therein, including easements and
rights-of-way;
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(g) Accept real or personal property for the use of the District and accept gifts and
conveyances upon the terms and conditions approved by the Board of Directors;
(h) Use the streets, highways, rail rights-of-way, and other public ways and, with permission
of the owner, relocate or alter the construction of streets, highways, or other public ways,
electric and telephone lines and properties, pipelines, conduits and other properties,
whether publicly or privately owned, if deemed necessary by the District in the
construction, reconstruction, repair, maintenance, and operation of the system. Any
damage that may occur to the property shall be borne by the District;
(i) Sue and be sued.
Section 4.02. Cooperative Powers. The District may cooperate with a person to:
(a) Accept legitimate contributions or liens securing obligations of the District from the
person with respect to the financing, construction, operation, or maintenance of the transit
system and, in connection with a loan or advance, enter into contracts establishing the
repayment terms;
(b) Enter into contracts regarding the financing, construction, operation, or maintenance of
the specified transit system;
(c) Enter into joint operating contracts concerning the transit system;
(d) Acquire easements or rights-of-way for the transit system;
(e) Designate a regional transit system as part of the State highway system, a County
highway system, or a Municipal highway system if the person with jurisdiction over the
applicable highway system consents to the designation.
Section 4.03. Taxation. The District has no direct taxation authority.
ARTICLE V
OFFICES
The principal office of the District shall be located within the geographical boundaries of the
District and shall be designated by the Board of Directors. The District may have other offices at
such other places within the State as the Board of Directors may from time to time determine.
ARTICLE VI
MEMBERSHIP
Membership in transit districts is open to governmental units, which means the State, a County
or Municipality of the State, or an Indian Nation, Tribe, or Pueblo located within the boundaries
of the State. The North Central Regional Transit District’s original members may include any
governmental unit (hereinafter, “Member”) within or containing the boundaries of Los Alamos,
Río Arriba, or Santa Fe Counties. Members may be added or deleted pursuant to Article VIII of
these Bylaws and Section 73-25-17 of the Act.
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ARTICLE VII
POWERS OF MEMBERS
A Member, for the purpose of aiding the financing, construction, operation, or maintenance of
the transit system, may:
(a) Sell, lease, loan, donate, grant, convey, assign, transfer, and otherwise dispose to the
District real or personal property or interests therein;
(b) Enter into agreements with a person for the joint financing, construction, operation, or
maintenance of the transit system. Upon compliance with applicable constitutional or
charter limitations, the Member may agree to make payments, without limitation as to
amount except as set forth in the agreement, from revenues received from one or more
fiscal years, to the District or a person to defray costs of financing, construction,
operation, or maintenance of the regional transit system;
(c) Transfer to the District a contract that may have been awarded by the Member for the
construction, operation, or maintenance of the transit system.
ARTICLE VIII
ADDITION OR WITHDRAWAL OF TERRITORY AND PROPERTY
Section 8.01. Joining the District. After the creation of the District, a governmental unit
adjacent to or contained within a governmental unit adjacent to, but not part of, the District may
join the District as a Member and determine the territorial area to become a part of the District.
A two-thirds (2/3) affirmative vote by the Board of Directors shall be required before the
governmental unit may join the District.
Section 8.02. Withdrawing from the District. A Member of the District may withdraw from
the District by adopting a resolution to withdraw. The Member shall withdraw its representative
from the Board of Directors. Real property owned by the District within the boundaries of the
withdrawing Member shall remain the property of the District. The provisions of withdrawal
shall be negotiated and agreed to by the Board of Directors, the Member, and the Commission.
Section 8.03. Inclusion or Exclusion of Property. The Board of Directors may include or
exclude property from the boundaries of the District, pursuant to Section 73-25-6 and Section
73-25-17 of the Act.
ARTICLE IX
BOARD OF DIRECTORS
Section 9.01. Establishment of Powers. The District shall be governed by a Board of Directors
(hereinafter, the “Board”) as described in the Act. The Board shall exercise and perform all
powers, privileges and duties vested in or imposed upon the District. Subject to the exceptions in
Section 73-25-5 of the Act, the Board may delegate any of its powers to an Officer or Agent of
the Board.
Section 9.02. Powers of the Board. In addition to all other powers conferred by the Act, the
Board may:
(a) Make and pass orders and resolutions necessary for the government and management of
the affairs of the District and the execution of the powers vested in the District;
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(b)
(c)
(d)
(e)
(f)
Adopt Bylaws;
Fix the time and place of meetings and the method of notice of the meetings;
Appoint, hire, or retain an Executive Director;
Maintain offices at a place the Board may designate;
Prescribe, in accordance with the Procurement Code, methods for auditing and allowing
or rejecting claims and demands for;
(1) The awarding of contracts for the construction of improvements, works, or structures;
(2) The acquisition of equipment;
(3) The performance or furnishing of labor, materials, or supplies as may be required for
carrying out the purposes of the Act;
(g) Appoint advisory committees and define the duties of the committees.
(h) Adopt and use a seal;
Section 9.03. Delegation of Powers. Pursuant to Section 73-25-5 of the Act, the Board may
delegate any of its lawfully delegated powers to the Executive Director, an Officer, Director, or
agent of the District pursuant to written resolution, formal motion, or verbal direction from the
Board. The following are exceptions to this general rule:
(a) Adoption of Board policies and procedures;
(b) Ratification of acquisition of land by negotiated sale;
(c) Initiation or continuation of legal action, not involving traffic or toll violations;
(d) Establishment of policies regarding fees, tolls, rates, or charges;
(e) Approval of significant route or schedule changes affecting more than twenty-five (25)
percent of the regional transit system;
(f) Issuance of bonds.
Only a Director who is an elected official shall be able to vote on resolutions regarding (b) and
(f) above.
Section 9.04. Identification of Directors. Pursuant to Section 73-25-5 of the Act, the Board
shall be composed of one (1) Director from each Member of the District. A Director shall be an
elected official or official designee. The Director and official designee (if any) shall be
nominated by the chief elected official of the Member and approved by the governing body of
the Member. The Director shall hold such office until removed by the appointing Member, or
until the Director no longer holds elective office in the governing body of the appointing
Member, or until the Director submits a written resignation to the Chairman. Directors shall not
serve a term longer than 4 years unless re-appointed by their Member governing body.
Section 9.05. Majority Voting on the Board. A Member shall not have a majority of votes on
the Board, unless there are three or fewer participating governmental units in the District.
Section 9.06. Voting Strength. Each Member of the District shall have a voting strength as
determined by the Voting Strength Analysis, Appendix B, of the Intergovernmental Contract.
Section 9.07. Voting Requirements. Voting shall occur as described in Section IX of the
Intergovernmental Contract.
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Section 9.08. Conflict of Interest Policy. In addition to full compliance with New Mexico
statutes pertaining to conflicts of interest regarding public entities, the following shall apply to
all Directors:
(a) A Director of the Board shall disqualify him/herself from voting on any issue with which
the Director has a potential conflict of interest. For the purpose of the section, a
“potential conflicting interest” exists where a Director owns or controls, directly or
indirectly, a substantial interest in any non-governmental entity participant in a financial
transaction with the District. A Director of the Board, Officer of the Board, or Employee
of the Board, shall not:
(1) Acquire a financial interest in a new or existing business venture or business property
of any kind when the Director believes or has reason to believe that the new financial
interest will be directly affected by her/his official act;
(2) Use confidential information acquired by virtue of the Director office or employment
for the Director’s or another’s private gain;
(3) Contract with the District without public notice and competitive bidding and full
disclosure of the Director’s financial or other interest in the business that is party to
the contract.
(b) Any conflict shall be made a matter of record in the minutes of the meeting of the Board
at the time the transaction becomes a topic of Board action;
(c) A Director with a potential conflict of interest may briefly state his position in the matter
and answer pertinent questions of other Board Members since the Director’s knowledge
may be of great assistance;
(d) This policy shall be reviewed from time to time, as new Directors are appointed;
moreover, any new Directors shall be advised by the Executive Director of this policy
upon entering into the duties of the position;
(e) The Attorney General shall investigate and prosecute, where appropriate, any complaint
brought involving conflict of interest. Violation of the conflict of interest provisions by a
Director, Officer, or Employee of the Board is grounds for removal or suspension of the
Director or Officer, and Dismissal, Demotion, or Suspension of the Employee.
Section 9.09. Performance of Duties. The Board shall promulgate and adhere to policies and
procedures that govern its conduct. A Director shall perform the duties as a Director, including
the duties as a member of any committee of the Board upon which he may serve, in good faith,
in a manner he believes to be in the best interests of the District.
Section 9.10. Review of Performance. The Secretary of the Board shall review each Director’s
compliance with these Bylaws and each Director’s attendance and report the conclusions and
recommendations to the Board at the regular meeting in December of each year.
ARTICLE X
OFFICERS
Section 10.01. Identification. The Board shall elect or appoint a Chair, a Vice Chair, a
Secretary, and a Treasurer.
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Section 10.02. Election. The Board shall elect Officers each year at the first regular meeting of
the Board after the start of the fiscal year. The currently elected Board shall elect Officers by
simple majority vote after canvassing each member as to their interest in service, time
availability, and qualifications.
Section 10.03. Term. Each Officer shall serve a one (1) year term commencing upon election
or appointment by the Board. Each Officer shall serve until the end of their term or until a
successor is elected or appointed or the Officer is lawfully removed pursuant to State law or
these Bylaws. Officers may serve unlimited terms.
Section 10.04. Removal of Officers. Any Officer of the Board may be removed at any time by
a two-thirds majority vote of all members of the Board.
Section 10.05. Vacancies. If a vacancy exists in any office, the Chair shall appoint a Director to
fill such vacancy until the next regular meeting of the Board, when an election will be held. The
term of the Office shall be until the next annual election of officers.
Section 10.06. Duties of the Officers.
(a) Chair. The Chair shall:
(1) Have the power to call meetings of the Board and to preside over such meetings;
(2) Have the power to execute, deliver, acknowledge, file and record on behalf of the
District such documents as may be required by the Act or other applicable law;
(3) Have the power to execute and deliver contracts, deeds and other instruments and
agreements on behalf of the District as are necessary or appropriate in the ordinary
course of its activities or as are duly authorized or approved by the Board;
(4) Have such additional authority, powers and duties as are appropriate and customary
for the office of the Chair of the Board of Directors of entities such as the District,
and as the Board may otherwise prescribe.
(b) Vice Chair. The Vice Chair shall:
(1) Be the Officer next in seniority after the Chair and, upon the death, absence, or
disability of the Chair, shall have the authority, powers and duties of the Chair;
(2) Have such additional authority, powers and duties as are prescribed by the Board.
(c) Secretary. If a Treasurer has not been elected or appointed, the Secretary shall also serve
as Treasurer and may use the title of Treasurer in performing the functions of Treasurer.
The Secretary shall:
(1) Designate a staff member who will carry out the work of the Secretary, under the dayto-day supervision of the Executive Director but with responsibility lying with the
Secretary;
(2) Give, or cause to be given, notice of all meetings (including special meetings) of the
Board;
(3) Keep written minutes of such meetings;
(4) Be responsible for the maintenance of all records and files and the preparation and
filing of reports to governmental agencies (other than tax returns);
(5) Have such other authority, powers and duties as are appropriate and customary for the
office of Secretary of entities such as the District, and as the Board may otherwise
prescribe.
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(d) Treasurer. If a Treasurer has not been elected or appointed, the Secretary shall also serve
as Treasurer and may use the title of Treasurer in performing the functions of Treasurer.
The Treasurer shall, subject to rules and procedures established by the Board:
(1) Designate a staff member who will carry out the work of the Treasurer, under the dayto-day supervision of the Executive Director but with responsibility lying with the
Treasurer;
(2) Be responsible for the custody of the funds and all stocks, bonds and other securities
owned by the District;
(3) Be responsible for the preparation and filing of all tax returns, if any, required to be
filed by the District;
(4) Receive all moneys paid to the District and, subject to any limits imposed by the
Board or the Chair, shall have authority to give receipts and vouchers, and endorse
checks and warrants in the District’s name and on the District’s behalf, and to give
full discharge for the same;
(5) Not sign checks and warrants, but must secure the signatures of both the Executive
Director and one other Board member. In the absence of the Executive Director, the
signature of a second Officer may sign;
(6) Have charge of disbursement of the funds of the District, shall keep full and accurate
records of the receipts and disbursements, and shall deposit all moneys and other
valuables in such depositories as shall be designated by the Board;
(7) Deposit and invest all funds of the District in accordance with the laws of the State
applying to the deposit and investment of funds of regional transit districts formed
under the Act;
(8) Have such additional authority, powers and duties as are appropriate and customary
for the office of Treasurer of entities such as the District, and as the Board may
otherwise prescribe.
ARTICLE XI
MEETINGS OF THE BOARD
Section 11.01. Public Input. The Board shall provide meaningful opportunities for public input
through policies and procedures for calling meetings, including standards and procedures for
calling emergency meetings, pursuant to the requirements of the Open Meetings Act (NMSA
1978 Chapter 10, Article 15).
Section 11.02. Regular Meetings. The Board of Directors shall meet at least quarterly, or more
frequently as determined by a majority of the Board, for the purpose of transacting such business
as may come before the Board.
Section 11.03. Special Meetings. Special meetings of the Board may be called, either by the
Chair or by three voting Directors, and held at any time and in any place.
Section 11.04. Emergency Meetings. The Board may hold emergency meetings, to be held at
any time and place; an “emergency”, pursuant to the Open Meetings Act, refers to unforeseen
circumstances requiring immediate attention from the Board to avoid likely injury or damage to
persons or property or substantial financial loss to the District.
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Section 11.05. Quorum. The presence of Directors representing a majority of the Members and
a majority of the total number of votes shall be necessary to constitute a quorum for the
transaction of business. If a quorum is present, action by simple majority of Directors present
and eligible to vote shall be the act of the Board, unless the act of a greater number is required by
these Bylaws, the Contract, or applicable law. A two-thirds (2/3) majority is required for the
following actions:
(a) Addition or withdrawal of territory or property, pursuant to Article VII of these Bylaws
and Sections 73-25-6 and 73-25-17 of the Act;
(b) Removal of Officers from the Board, pursuant to Section 9.04 of these Bylaws;
(c) Amendment of these Bylaws, pursuant to Section 15.03 of these Bylaws.
Section 11.06. Public Hearings. Pursuant to the Open Meetings Act, all meetings of a quorum
of members of the Board, held for the purpose of formulating public policy or taking any action
within the authority or delegated authority of the Board, are open to the public at all times,
except as otherwise provided in the Open Meetings Act or the Constitution of New Mexico.
(a) All persons desiring shall be permitted to attend and listen to Board meetings, pursuant to
the Open Meetings Act. Reasonable efforts shall be made to accommodate the use of
audio and video recording devices;
(b) No public meeting of the Board, once convened, shall be closed or dissolved into small
groups or committees for the purpose of permitting the closure of the meeting;
(c) The Board may recess and reconvene a meeting to a subsequent time and place if notice
of such change is properly posted, pursuant to the Open Meetings Act, prior to recessing.
Only matters on the agenda of the original meeting may be discussed or transacted at the
subsequent meeting;
(d) If otherwise allowed by law or rule of the Board, a member of the Board may participate
in a meeting of the Board by conference telephone or similar communications equipment
when it is difficult or impossible for the member to attend in person provided that each
member so participating is identified when speaking, all participants are able to hear each
other at the same time, and members of the public attending the meeting are able to hear
any member of the Board who speaks during the meeting.
Section 11.07. Place of Meetings. The meetings of the Board or any committee designated by
the Board shall be held at the principal office of the District or at any other place within or
without the boundaries of the District that a majority of the Board or any such committee
designate. Public Hearings shall be held within the boundaries of the District at any place
designated by the Board.
Section 11.08. Notice of Meetings. All meetings of a quorum of members of the Board, and
any closed meetings, held for the purpose of formulating public policy or taking any action
within the authority or delegated authority of the Board shall be held only after reasonable notice
to the public.
(a) The Board shall determine at least annually in a public meeting what notice for a public
meeting is reasonable;
(b) Such notice shall include broadcast stations licensed by the FCC and general circulation
newspapers that have provided written request for such notice;
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(c) Meeting notices shall include an agenda containing a list of specific items of business to
be discussed or transacted at the meeting and information on how the public may obtain a
copy of the agenda;
(d) The agenda shall be available at least twenty-four (24) hours prior to the meeting, except
for emergency meetings;
(e) Only items appearing on the agenda may be discussed at the meeting.
Section 11.09. Waiver of Notice. A Director may in writing waive notice to him/her of any
meeting of the Board, either before, at, or after the meeting; and his waiver shall be deemed the
equivalent of giving notice. Attendance of a Director at a meeting shall constitute waiver of
notice of that meeting unless he/she attends for the express purpose of objecting to the
transaction of business because the meeting has not been lawfully called or convened.
Section 11.10. Minutes. The Board shall keep written minutes of all its meetings. The minutes
shall include at a minimum:
(a) The date, time, and place of the meeting;
(b) The names of the members in attendance and those absent;
(c) The substance of proposals considered and a record of any decisions and votes taken
showing how each member voted.
All minutes are open to public inspection. Draft minutes shall be prepared within ten (10)
working days after the meeting and shall be approved, amended, or disapproved at the next
Board meeting where a quorum is present. Minutes are not official until approved by the Board
and signed by the Secretary.
Section 11.11. Closed Meetings. The following are some exceptions to the requirement for
open meetings, pursuant to the Open Meetings Act:
(a) Meetings pertaining to licenses, except that evidentiary hearings are open and all final
actions shall take place in open meeting;
(b) Limited personnel matters, except that this does not exempt final actions from being
taken in open meetings nor does it preclude aggrieved public employees from demanding
an open hearing;
(c) Administrative adjudicatory proceedings, with the exception of meetings at which
evidence is presented or rebutted and any final actions taken as a result of the
proceedings;
(d) Discussion of bargaining strategy preliminary to collective bargaining negotiations and
collective bargaining sessions at which representatives of the collective bargaining unit
are present;
(e) That portion of meetings at which decisions concerning sole source purchases in excess
of $2500 or competitive sealed bids are discussed during the contract negotiation process,
with the exception that the actual approval of purchase or final action regarding selection
of the contractor shall be in open meeting;
(f) Meetings subject to attorney-client privilege pertaining to pending or threatened litigation
against the Board;
(g) Meetings for discussion of the purchase, acquisition, or disposal of real property or water
rights by the Board;
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(h) Any other meetings so exempted by provisions of the Open Meeting Act or other relevant
statute.
(i) Any meeting closed pursuant to the above exemptions must follow the following
procedures:
(1) If closed in open meeting, such closure shall be approved by majority vote of a
quorum of the Board, the authority to close shall be stated, the subject(s) to be
discussed shall be stated with reasonable specificity, and the vote, taken in open
meeting, shall be recorded indicating the vote of each member of the Board. Only
those subjects announced or voted on prior to closure shall be discussed in closed
meeting;
(2) If called when the Board is not in open meeting, the closed meeting shall not be held
until appropriate public notice is given to the members of the Board and the general
public stating the specific law authorizing closure and stating with reasonable
specificity the subject(s) to be discussed;
(3) Following completion of any closed meeting, the minutes of the open meeting that
was closed or the minutes of the next open meeting, if the closed meeting was
scheduled separately, shall state that the subjects discussed in the closed meeting
were limited to those specified in the motion for closure or the notice of closed
meeting and shall be approved by the Board as for all other minutes.
ARTICLE XII
ADVISORY COMMITTEES
Section 12.01. Chair may appoint Committee chairs. When an Advisory Committee is
formed, the Chair may appoint a regular member as its chair, or may direct the Committee to
elect a chair at its first meeting, or direct the Committee to elect a chair at any time the chair of
the Committee becomes vacant.
Section 12.02. Committees. Committees of the Board shall be classified as standing or special
and shall be advisory to the Board. In order to broaden input to the Board and encourage
community involvement, the Board may appoint individuals who are not members of the Board
to serve on any standing or special committee of the Board. Each committee shall have the
power only as stated in these Bylaws or as conferred by the Board. The Executive Director shall
serve as an ex officio member of each committee appointed by the Board, unless otherwise
designated in these Bylaws or by the Board.
Section 12.03. Citizen Advisory Standing Committee. The Board shall appoint and maintain
a Citizen Advisory Committee to advise the Board with respect to policy and service matters.
The members of the Citizen Advisory Committee shall not be Directors, official designees, or
Officers of the District. The Citizen Advisory Committee shall not be authorized to exercise any
power of the Board.
Section 12.04. Special Committees. The Board may also appoint Special Advisory Committees
to advise the Board. The members of these Special Advisory Committees may include Directors,
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official designees, and Officers of the District as well as individuals not members of the Board.
Special Advisory Committees shall not be authorized to exercise any power of the Board.
Section 12.05. Committee Meetings. A committee meeting may be called at any time by the
committee chair or a simple majority of the committee members upon reasonable notice as
determined by the Board. Committees may propose rules of order and procedures to the Board
which, if adopted by the Board or the committee, shall govern the matters addressed in the rules.
Section 12.06. Open Meetings. No public notice of the committee meeting is required if the
committee has less than a quorum of the Board in attendance. All committee meetings shall be
open to the public, with such exceptions as permitted under the Open Meetings Act,
notwithstanding the exception to the notice requirement in the Open Meetings Act for
committees with less than a quorum in attendance.
Section 12.07. Telephone Conference. Committee meetings may be held by telephone
conference or use of similar equipment, pursuant to the requirements of the Open Meetings Act.
Committee meetings held by teleconference are open meetings and such meeting will be held in
a location where the public may listen to the proceedings.
ARTICLE XIII
EXECUTIVE DIRECTOR
Section 13.01. Authority and Duties. The Executive Director shall be the chief executive
officer of the District, shall supervise the activities of the District, shall see that all policies,
directions and orders of the Board are carried out and shall, under the supervision of the Board,
have such other authority, powers, or duties as may be prescribed by the Board. The Executive
Director shall:
(a) Sign contracts or agreements with Vendors or service providers that are necessary to
carry out the purposes of the District, provided however that they involve less than
$100,000, and are included in a duly approved budget. Expenses over $100,000 shall be
approved by the Board and signed by the appropriate people;
(b) Appoint, hire, and retain employees, agents, engineers, attorneys, accountants, financial
advisors, investment bankers, and other consultants as approved through the budget
process;
(c) Dispose of assets of the District, provided, however that the assets are no longer useful to
the District and have a nominal market value;
(d) Sign contracts or agreements specifically approved by the Board.
ARTICLE XIV
FINANCE
Pursuant to the Act and the Contract, the District has several financing mechanisms available to
it for the purpose of financing the purchase, construction, renovation, equipping, or furnishing of
its regional transit system(s) project. The District may collect tolls, fees, rates, or charges; it may
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issue bonds, and it may invest or deposit funds. In addition, non-Pueblo Members of the District
may authorize increases in Gross Receipts Taxes for the purpose of financing the District. There
may be other financing options open to the District and its Members.
ARTICLE XV
GENERAL PROVISIONS
Section 15.01. Fiscal year. The Fiscal year of the District and its affiliate organizations shall
begin on the first day of July and end on the last day of June of each year.
Section 15.02. Ownership of Documents. Written records and other documents relating to the
District are the property of the District and shall be filed and maintained under the authority of
the Executive Director and shall not be removed from the District nor shall any information
contained therein be released without proper authorization.
Section 15.03. Review, Approval and Amendments. These Bylaws shall be reviewed from
time to time, with any amendments approved by an affirmative vote of no less than two thirds of
the Directors in office.
Section 15.04. Annual Budget. The Board shall approve an annual budget pursuant to the legal
requirement to submit an annual budget to the State each year.
Section 15.05. Annual Report. The Board shall publish an annual report setting forth in
sufficient scope and detail the more important acts concerning the business and services of the
District, the regional transit system being provided, and how it is being financed.
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These Bylaws Adopted: _____________, 200X.
_____________________________
XXXXXXXXXXX, Chair
Board of Directors of the
North Central Regional Transit District
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Attachment 10: Meeting Agendas
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
DRAFT
Board Retreat Meeting
Cities of Gold Hotel Casino
Pojoaque, NM
October 15, 2004
Agenda
8:00
Registration
8:30
Introductions
9:00
Swearing-In (Tentative)
9:15
Organizing Committee Transfer to Board of
Directors
9:30
History of formation of North Central Regional Transit District
10:30
Review of NCRTD Regional Mobility Concepts
12:00
Lunch (Possible Guest Speaker)
1:00
Financial Overview Panel
2:00
By-Laws/Contract Review
2:30
Discussion of NCRTD Board Officer Nominations
3:00
Next Steps/Meeting Schedule
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THE NORTH CENTRAL REGIONAL TRANSIT DISTRICT
AGENDA
FRIDAY NOVEMBER 5, 2004
9:00 A.M.- 3:00 P.M.
CAMELROCK CASINO
HIGHWAY 84/285
BINGO HALL
PUEBLO OF TESUQUE, NEW MEXICO
1.
Pledge of Allegiance
2.
Acceptance of By-laws
Discussion of NCRTD Contract
3.
Election of Officers
4.
Acceptance of Open Meetings Resolution
5.
Park and Ride Update (NMDOT)
Management of Park and Ride
6.
Rail Line Acquisition Update
7.
Update on MOU with NMDOT
8.
NCRTD Staffing Needs
Hiring of Executive Director
9.
Miscellaneous Announcements
At any time during the Open Meeting the Board may close the meeting to the public to discuss matters not
subject to the New Mexico Open Meetings Act. The Board may revise the order of the agenda items
considered at this Open Meeting.
NOTICE
ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE IN ORDER TO PARTICIPATE
IN THIS PROCEEDING SHOULD CONTACT ATRI at 505.246.6410 AS SOON AS POSSIBLE PRIOR TO
THE COMMENCEMENT OF THE MEETING.
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THE NORTH CENTRAL REGIONAL TRANSIT DISTRICT
REGULAR MEETING
AGENDA
FRIDAY DECEMBER 3, 2004
9:00 A.M- 2:00 P.M.
Los Alamos Research Park
2nd Floor Conference Room
4200 W. Jemez Road
Los Alamos, NM
1.
Pledge of Allegiance
2.
Roll Call
3.
Approval of Agenda
4.
Approval of minutes from previous meeting
5.
Park and Ride Update from NMDOT
6.
Update on Congressional Transit Appropriations
7.
Approval of letter requesting administrative funds from NMDOT (Action)
8.
Approval of MOA with NMDOT (Action)
· Approval of NCRTD Fiscal Agent (Action)
9.
Rail Line Acquisition Project Update
· Approval of Intergovernmental Contract (Action)
10.
Report from NCRTD Finance Committee
· Update on TEA-21 Legislation
· Review NCRTD Budget
· Update on JARC Funding
11.
Approval of NCRTD Legislative Agenda (Action)
12.
Update on NCRTD Staffing
13.
Miscellaneous Announcements
At any time during the Open Meeting the Board may close the meeting to the public to discuss matters not subject to
the New Mexico Open Meetings Act. The Board may revise the order of the agenda items considered at this Open
Meeting.
NOTICE
ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE IN ORDER TO PARTICIPATE IN THIS
PROCEEDING SHOULD CONTACT ATRI at 505.246.6410 AS SOON AS POSSIBLE PRIOR TO THE
COMMENCEMENT OF THE MEETING.
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THE NORTH CENTRAL REGIONAL TRANSIT DISTRICT
REGULAR MEETING
AGENDA
FRIDAY JANUARY 7, 2004
9:30 A.M- 12:00 P.M.
Towa Golf Resort
US 84/285
Buffalo Thunder Resort Exit
Pueblo of Pojoaque, NM
1.
Pledge of Allegiance
2.
Roll Call
3.
Overview of Legal Requirements for NCRTD Board
4.
Approval of Agenda
5.
Approval of minutes from previous meeting
6.
Approval of NCRTD Board Communications Process
7.
Park and Ride Update from NMDOT
8.
RPO Liaison Report
9.
Update on NCRTD 2005 Legislative Agenda
Update on Meeting with NMDOT Secretary Rhonda Faught
Update on Meeting with Legislative Leaders/Coalition Partners
Distribution of Sample Resolution in support of State Transit Fund
10.
Rail Line Acquisition Project Update
Attorney Review of Intergovernmental Contract
Status of Intergovernmental Contract
11.
Report from NCRTD Finance Committee
Review of Potential Sources of Revenue for RTD Operations
Decision on Proceeding with Hiring Staff Pending Identification of Recurring Revenue
Status on Planning and Administrative Funds
12.
Report from NCRTD Staffing Subcommittee
Personnel - Approval of Executive Director Job Description and Ad
Procurement
Insurance
Office Space
Goals for Operational Startup
13.
Review and Approval of MOA with NMDOT
14.
Review and Approval of Fiscal Agent Agreement
15.
Miscellaneous/Announcements
The Board may revise the order of the agenda items considered at this Open Meeting.
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THE NORTH CENTRAL REGIONAL TRANSIT DISTRICT
REGULAR MEETING
AGENDA
FRIDAY FEBRUARY 4, 2005
8:00 A.M- 12:00 P.M.
Sweeney Convention Center
201 W Marcy St
Santa Fe, NM
1.
Pledge of Allegiance
2.
Roll Call
3.
Approval of Agenda
4.
Approval of minutes from previous meeting
5.
Park and Ride Update from NMDOT
Status on Park and Ride RFP
6.
RPO Liaison Report
7.
Update on NCRTD 2005 Legislative Agenda
8.
Rail Line Acquisition Project Update
Status of Intergovernmental Contract
9.
Report from NCRTD Finance Committee
Status on Planning and Administrative Funds
BIA Funding Opportunities
Status as FTA funding recipient
10.
Report from NCRTD Staffing Subcommittee
Approval of Executive Director Benefits
Approval of Executive Director Personnel Policy
11.
Review and Approval of Fiscal Agent Agreement
12.
Miscellaneous/Announcements
The Board may revise the order of the agenda items considered at this Open Meeting.
NOTICE
ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE IN ORDER TO PARTICIPATE IN THIS
PROCEEDING SHOULD CONTACT ATRI at 505.246.6410 AS SOON AS POSSIBLE PRIOR TO THE COMMENCEMENT OF
THE MEETING.
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THE NORTH CENTRAL REGIONAL TRANSIT DISTRICT
REGULAR MEETING
AGENDA
FRIDAY MARCH 4, 2005
9:00 A.M- 11:30 A.M.
Mission Museum on the Plaza de Española
#1 Camino de Los Espanoles
Espanola, NM
1.
Pledge of Allegiance
2.
Roll Call
3.
Approval of Agenda
4.
Approval of minutes from previous meeting
5.
Park and Ride Presentation- All Aboard America
6.
RPO Liaison Report
7.
Update on NCRTD 2005 Legislative Agenda
8.
Report from NCRTD Finance Committee
9.
Report from NCRTD Staffing Subcommittee
10.
Approval of Fiscal Agent Agreement
11.
Miscellaneous/Announcements
The Board may revise the order of the agenda items considered at this Open Meeting.
NOTICE
ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE IN ORDER TO PARTICIPATE IN THIS
PROCEEDING SHOULD CONTACT ATRI at 505.246.6410 AS SOON AS POSSIBLE PRIOR TO THE COMMENCEMENT OF
THE MEETING.
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THE NORTH CENTRAL REGIONAL TRANSIT DISTRICT
REGULAR MEETING
AGENDA
FRIDAY, APRIL 1, 2005
8:00 A.M. - 11:00 A.M.
Santa Fe County Commission Chambers
Santa Fe County Administration Bldg.
102 Grant Ave.
Santa Fe, NM
8:00 A.M.
Closed Executive Session on Personnel Matters: Hiring of NCRTD Executive Director
9:30 A.M.
1.
Call to Order
2.
Pledge of Allegiance
3.
Roll Call
4.
Approval of Agenda
5.
Approval of minutes from previous meeting
6.
Report from NCRTD Finance Committee
NMDOT presentation on Alternatives Analysis, Debra Bauman
7.
Miscellaneous/Announcements
The Board may revise the order of the agenda items considered at this Open Meeting.
NOTICE
ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE IN ORDER TO PARTICIPATE IN THIS
PROCEEDING SHOULD CONTACT ATRI at 505.246.6410 AS SOON AS POSSIBLE PRIOR TO THE COMMENCEMENT OF
THE MEETING.
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THE NORTH CENTRAL REGIONAL TRANSIT DISTRICT
EMERGENCY MEETING
AGENDA
MONDAY, MAY 2, 2005
10:00 A.M. - 11:00 A.M.
Regional Development Corporation
428 Sandoval St. Suite 201
Santa Fe, New Mexico 87501
10:00 A.M.
1.
Fiscal Agent Agreement (Action)
NOTICE
ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE IN ORDER TO PARTICIPATE IN THIS
PROCEEDING SHOULD CONTACT ATRI at 505.246.6410 AS SOON AS POSSIBLE PRIOR TO THE COMMENCEMENT OF
THE MEETING.
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THE NORTH CENTRAL REGIONAL TRANSIT DISTRICT
REGULAR MEETING
AGENDA
FRIDAY, MAY 6, 2005
9:00 A.M. - 11:00 A.M.
Towa Golf Resort
US 84/285
Buffalo Thunder Resort Exit
Pueblo of Pojoaque, NM
9:00 A.M.
Closed Executive Session on Personnel Matters: NCRTD Executive Director Contract
9:30 A.M.
1.
Call to Order
2.
Pledge of Allegiance
3.
Roll Call
4.
Approval of Agenda
5.
Approval of minutes from previous meeting
6.
Approval of NCRTD Executive Director Contract (Action)
7.
Approval of PERA resolution (Action)
8.
Update on Fiscal Agent Agreement
9.
Miscellaneous/Announcements
The Board may revise the order of the agenda items considered at this Open Meeting.
NOTICE
ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE IN ORDER TO PARTICIPATE IN THIS
PROCEEDING SHOULD CONTACT ATRI at 505.246.6410 AS SOON AS POSSIBLE PRIOR TO THE COMMENCEMENT OF
THE MEETING.
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Attachment 11: Sample Transit Fund Resolution
RESOLUTION NO. ________
Supporting the establishment of a Statewide Transit Fund,
and increase in Local Government Road Fund
Whereas, the NAME OF ORGANIZATION is committed to encouraging alternative modes of
transportation; and
Whereas, public transportation is key to the quality of life and economic opportunities for New
Mexicans; and
Whereas, public transit systems work to reduce the congestion motor vehicle traffic by providing
transportation options for residents; and
Whereas, public transportation would reduce noise and air pollution; and
Whereas, public transportation would extend the life of New Mexico’s existing roadways by
easing the traffic burden; and
Whereas, it is not enough to have an efficient state highway system, but rather it is essential that
an effective, efficient transportation system be in place within counties and municipalities in order to
provide for the safe and efficient movement of people, goods and services; and
Whereas, transportation should be viewed not just as the State
highway system, but as a complete network of state and municipal streets, roads, bridges and transit
systems; and
Whereas, there is an increasing need to establish a Statewide Transit Fund to match the Federal
dollar requirement(s) of the Federal Transit Administration and other Federal funding agencies.
Whereas, NAME OF ORGANIZATION has supported other legislation related to enhancing New
Mexico public transit expansion; and
Whereas, New Mexico remains one of only three states that does not provide State funding for
public transportation; and
Whereas, the New Mexico State Legislature will be asked to increase the Motor Vehicle Excise
Tax by 1%; and
Whereas, this increase in Motor Vehicle Excise Tax will sustain adequate funding for a
Statewide Transit Fund and increase the Local Government Road Fund; and
Now, Therefore, Be It Resolved that NAME OF ORGANIZATION supports new and additional
funding, for the establishment of a Statewide Transit Fund and increase in the Local Government Road
Fund; and
Be It Further Resolved, that NAME OF ORGANIZATION , the Governor and the Legislature
work to establish and implement such legislation for the betterment of all New Mexicans.
Passed, Approved and Adopted this _____ day of ________, 2005.
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Attachment 12: NCRTD Job Ad and Description
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Attachment 13: New Mexico State Legislators and Related Transit Service
Providers 2004
House Transportation Committee
Title
Name
Role
Party
Representative
Daniel P. Silva
Chair
Democrat
District
Rural Transit*
13 SW ABQ
Go-Fors (JARC)
Representative
Patricia A. Lundstrom
Vice Chair
Democrat
9 McKinley, San
Juan
Coyote Canyon, Disability
Services, Gallup City,
Navajo Transit,
Na’nizhoozhi Center, Zuni
Entrep Services, Tohatchi
Area, NW NM Seniors,
Farmington, Presbyterian
Med Services
Representative
William “Ed” Boykin
Member
Republican
37 Las Cruces
Roadrunner, SCCOG
Clovis Area Transit,
ENMRSH, Plains Regl Med
Center, Ft Sumner Housing
Auth Transit, Portales
Community Services Center
Representative
Jose A. Campos
Member
Democrat
63 DeBaca, Curry,
Guadalupe,
Roosevelt
Representative
Ernest H. Chavez
Member
Democrat
12 W Bernalillo
Representative
Anna M. Crook
Member
Republican
64 Curry
Clovis Area Transit,
ENMRSH, Plains Regional
Medical Center
57 Chaves, Lincoln,
Otero
Roswell - Pecos Trails
System, New Horizons Dev
Center, Alamogordo Senior
Center, Betty Dare Good
Samaritan Ctr, Counseling
Center, Zia Therapy Center
42 Taos
Bridges Proj for Educ, Casa
Corazon, Dream Tree Proj,
Village of Questa, Red River
Miners Transit, Rocky
Mountain Youth Corp, Taos
Chile Line, Taos Co Arc,
Taos-Colfax County
Community Services
Las Vegas Med Ctr, Meadow
City Express (City of Las
Vegas), Clovis Area Transit,
ENMRSH, Plains Regional
Medical Center
Representative
Representative
Daniel R. Foley
Roberto J. Gonzales
Member
Member
Republican
Democrat
Representative
Brian K. Moore
Member
Republican
67 Union, Harding,
Quay, San Miguel,
Curry
Representative
Jane E. PowdrellCulbert
Member
Republican
44 Sandoval
Cuba 550 Express
Representative
Henry Kiki Saavedra
Member
Democrat
10 S Bernalillo,
Valencia
Isleta Pueblo, Mid-Rio
Grande RSVP (Belen), Los
Lunas Public Trans, Valencia
Couns Service, Valencia Co
SER de NM
Representative
Donald L. Whitaker
Member
Democrat
61 Lea
Hobbs Express, NM Junior
College ACCEL Program
* From 2003 NMDOT list
Representatives in RED are on both Committees
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House Appropriations and Finance Committee
Title
Representative
Name
Henry Kiki Saavedra
Role
Chair
Party
Democrat
District
Rural Transit*
10 S Bernalillo,
Valencia
Isleta Pueblo, Mid-Rio
Grande RSVP (Belen), Los
Lunas Public Trans, Valencia
Couns Service, Valencia Co
SER de NM
Representative
Luciano “Lucky” Varela
Dep Chair
Democrat
48 Santa Fe
Ayudantes, Open Hands,
Pojoaque Pueblo,
Presbyterian Medical
Services, Santa Fe Trails
Representative
Danice Picraux
Vice Chair
Democrat
25 C
Albuquerque
Go-Fors (JARC)
Representative
Ray Begaye
Member
Democrat
4 San Juan
NW NM Seniors,
Farmington, Presbyterian
Medical Services
Representative
Donald E. Bratton
Member
Republican
62 Lea
Hobbs Express, NM Junior
College ACCEL Program
Representative
Justine Fox-Young
Member
Republican
30 NE
Albuquerque
Go-Fors (JARC)
34 S DonaAna
Roadrunner Transit (Las
Cruces), Ben Archer Health
Center, Tresco, South
Central COG
Representative
Mary Helen Garcia
Member
Democrat
Representative
John A. Heaton
Member
Democrat
55 Eddy
Carlsbad Muni Transit, Pecos
Valley Regional Education
Center, Door of Opportunity,
Lending Hands, Carlsbad
MH Assoc
Representative
Rhonda S. King
Member
Democrat
50 Bernalillo,
Santa Fe,
Torrance
Go-Fors (JARC)
Representative
Larry A. Larranaga
Member
Republican
27 far NE
Albuquerque
Go-Fors (JARC)
Representative
Antonio Lujan
Member
Democrat
35 Las Cruces
Roadrunner, SCCOG
Representative
Patricia A. Lundstrom
Member
Democrat
9 McKinley, San
Juan
Coyote Canyon, Disability
Services, Gallup City,
Navajo Transit,
Na’nizhoozhi Center, Zuni
Entrep Services, Tohatchi
Area, NW NM Seniors,
Farmington, Presbyterian
Medical Services
Representative
Kathy A. McCoy
Member
Republican
22 E Mountains
Go-Fors (JARC)
Republican
67 Union,
Harding, Quay,
San Miguel,
Curry
Las Vegas Med Ctr, Meadow
City Express (City of Las
Vegas), Clovis Area Transit,
ENMRSH, Plains Regional
Medical Center
Representative
Brian K. Moore
Member
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June 2005
Title
Name
Role
Party
District
Rural Transit*
Representative
Nick L. Salazar
Member
Democrat
40 Mora, Santa
Fe, RioArriba,
San Miguel, Taos
Helping Hands, Espanola
Senior Citizens Center,
Espanola Transit, Hoy
Alcoholism Program, Las
Cumbres Learning Center,
Los Valles Transit, Bridges
Proj for Education, Casa
Corazon, Dream Tree Proj,
Village of Questa, Red River
Miners Transit, Rocky
Mountain Youth Corp, Taos
Chile Line, Taos Co Arc,
Taos-Colfax Co Comm
Services
Representative
Sandra L. Townsend
Member
Republican
3 San Juan
NW NM Seniors,
Farmington, Presbyterian
Medical Services
Representative
Jeannette O. Wallace
Member
Republican
43 LosAlamos,
Santa Fe,
Sandoval
Los Alamos Bus System,
Cuba 550 Express
47 Santa Fe
Ayudantes, Open Hands,
Pojoaque Pueblo,
Presbyterian Medical
Services, Santa Fe Trails
Representative
Peter Wirth
Member
Democrat
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Senate Corporations and Transportation Committee
Title
Name
Role
Party
District
Senator
Shannon Robinson
Chair
Democrat
17 SE Heights
Albuquerque
Go-Fors (JARC)
Senator
Bernadette M. Sanchez
Vice Chair
Democrat
26 SW
Albuquerque
Go-Fors (JARC)
Senator
Mark Boitano
Member
Republican
18 NE
Albuquerque
Go-Fors (JARC)
Senator
Senator
Senator
Carlos R. Cisneros
Dianna J. Duran
Phil A. Griego
Member
Member
6 LosAlamos,
RioArriba, Santa
Fe, Taos
Los Alamos Bus System,
Espanola Sr Citizens Center,
Espanola Transit, Hoy
Alcoholism Prog, Las
Cumbres Learning Center,
Los Valles Transit,
Ayudantes, Open Hands,
Pojoaque Pueblo,
Presbyterian Medical
Services, Santa Fe Trails,
Bridges Proj for Educ, Casa
Corazon, Dream Tree Proj,
Village of Questa, Red River
Miners Transit, Rocky
Mountain Youth Corp, Taos
Chile Line, Taos Co Arc,
Taos-Colfax Co Comm
Services
40 DonaAna,
Otero
Roadrunner Transit (Las
Cruces), Ben Archer Health
Center, Tresco, South
Central COG, Alamogordo
Senior Center, Betty Dare
Good Samaritan Center,
Counseling Center, Zia
Therapy Ctr
Democrat
Republican
Member
Rural Transit*
39 LosAlamos,
SanMiguel, Santa
Fe, Taos, Mora,
Sandoval
Los Alamos Bus System, Las
Vegas Med Center, Meadow
City Express (City of Las
Vegas), Bridges Proj for
Educ, Casa Corazon, Dream
Tree Proj, Village of Questa,
Red River Miners Transit,
Rocky Mountain Youth
Corp, Taos Chile Line, Taos
Co Arc, Taos-Colfax Co
Comm Services, Helping
Hands, Cuba 550 Express
27 DeBaca,
Chaves, Curry,
Roosevelt
Roswell – Pecos Trails
System, Clovis Area Transit,
ENMRSH, Plains Regional
Medical Center, Ft Sumner
Housing Auth Transit,
Portales City, Portales Comm
Services Center
Democrat
Senator
Stuart Ingle
Member
Republican
Senator
Cynthia Nava
Member
Democrat
31 Las Cruces
Roadrunner, SCCOG
Republican
15 Uptown
Albuquerque
Go-Fors (JARC)
Senator
H. Diane Snyder
Member
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Senate Finance Committee
Title
Name
Role
Party
District
Rural Transit*
Laguna Pueblo – Shaa’srk’a
Transit, Socorro MH
Foundation, South Central
COG, Mid-Rio Grande RSVP
(Belen), Los Lunas Public
Trans, Valencia Couns Service,
Valencia Co SER de NM
Senator
Joseph A. Fidel
Chair
Democrat
30 Cibola,
Socorro,
Valencia
Senator
John Arthur Smith
Vice Chair
Democrat
35 Hidalgo,
Luna, Sierra
Senator
Sue Wilson Beffort
Member
Republican
19 E Mountains
Go-Fors (JARC)
Helping Hands, Ayudantes,
Open Hands, Pojoaque Pueblo,
PresMed Services, Santa Fe
Trails, Las Vegas Med center,
Meadow City Express (City of
Las Vegas)
Senator
Pete Campos
Member
Democrat
8 Guadalupe,
Mora, SantaFe,
Torrance,
SanMiguel
Senator
Joseph J. Carraro
Member
Republican
23
NWBernalillo,
Sandoval
Cuba 550 Express
32 Chaves,
Eddy, Lincoln,
Otero
Roswell – Pecos Trails System,
Carlsbad Muni Transit, Pecos
Valley Regl Educ Center, Door
of Opportunity, Lending Hands,
Carlsbad MH Assoc, New
Horizons Dev Center,
Alamogordo Senior Center,
Betty Dare Good Samaritan
Center, Counseling Center, Zia
Therapy Center
Republican
41 Eddy, Lea
Carlsbad Muni Transit, Pecos
Valley Regl Education Center,
Door of Opportunity, Lending
Hands, Carlsbad MH Assoc,
Hobbs Express, NM Junior
College ACCEL Program
Republican
37 DonaAna,
Sierra
Roadrunner Transit (Las
Cruces), Ben Archer Health
Center, Tresco, South Central
COG
24 SantaFe
Ayudantes, Open Hands,
Pojoaque Pueblo, Presbyterian
Medical Services, Santa Fe
Trails
22 W Bernalillo,
Sandoval,
Cibola,
McKinley,
RioArriba
Cuba 550 Express, Laguna
Pueblo – Shaa’srk’a Transit,
Coyote Canyon, Disability
Services, Gallup City, Navajo
Transit, Na’nizhoozhi Center,
Zuni Entrep Services, Tohatchi
Area, Espanola Senior Citizens
Center, Espanola Transit, Hoy
Alcoholism Prog, Las Cumbres
Learning Center, Los Valles
Transit
Senator
Senator
Senator
Senator
Senator
Timothy Z. Jennings
Carroll H. Leavell
Leonard Lee Rawson
Nancy Rodriguez
Leonard Tsosie
Member
Member
Member
Member
Member
Democrat
Democrat
Democrat
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Attachment 14: FTA Letter
James Rivera, Chair
NCRTD
c/o the Regional Development Corporation
428 Sandoval St Suite 201
Santa Fe, NM 87501
March 4, 2005
Mr. Robert Patrick, Administrator
Federal Transit Administration, Region VI
819 Taylor Street, Room 8A36
Fort Worth, TX 76102
RE: Designating the North Central Regional Transit District as an FTA Recipient
Dear Mr. Patrick:
In September 2004, the New Mexico Transportation Commission certified the legal status of the North Central
Regional Transit District (NCRTD) for the purpose of developing, managing, and operating public
transportation systems in the region of Los Alamos, Rio Arriba, and Santa Fe counties. There are currently 10
governmental unit members of the NCRTD including the City of Santa Fe, the County of Santa Fe, the County
of Los Alamos, the County of Rio Arriba, the City of Espanola, the Pueblo of Tesuque, the Pueblo of
Pojoaque, the Pueblo of San Juan, the Pueblo of Santa Clara and the Pueblo of San Ildefonso.
The District has requested an earmark appropriation through the New Mexico federal delegation for federal FY
2006. While the possibility of being approved for this funding is still uncertain at this time, we are requesting
that the NCRTD become an eligible recipient of federal transportation funds through the FTA.
The NCRTD Board of Directors has requested that the process of becoming an FTA grant recipient be further
explored. Therefore, I am requesting assistance in determining what next steps the NCRTD must take in order
to become a recipient of FTA grants.
If you have any questions, or need additional information, please contact me or our temporary staff member,
DeAnza Valencia of the Regional Development Corporation at (505) 820-1226.
Thank your for your assistance and I look forward to working with you on regional transit in Northern New
Mexico.
Sincerely,
James Rivera, Pueblo of Pojoaque
NCRTD Board Chairman
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Attachment 15: CTAA Application
APPLICANT: Alliance for Transportation Research Institute/ University of New Mexico
ADDRESS: 801 University Blvd SE, Ste 302/ Albuquerque NM 87106
PHONE: (505) 246-6410
FAX: (505) 246-6001
E-Mail: jmespino@unm.edu
CONTACT PERSON: Judith M. Espinosa
TITLE: Director
DATE: 14 March 2005
1.
ORGANIZATIONAL CHARACTERISTICS
A.
Type of Organization:
__XXX __ Nonprofit corporation *
Government agency **
For profit public corporation
For profit private business
Native American organization
Other (Specify)
*
WBE
MBE
DBE
Please attach your Articles of Incorporation and Bylaws.
ATTACHED: IRS certification of ATRI exemption as a public educational
organization; NCRTD Intergovernmental Contract and Bylaws
** If you checked Government Agency, STOP. Government Agencies are ineligible
as recipients. Government agencies may participate in planning activities but
applicants must be nongovernmental entities. Please call CTAA for more
information at (202) 299-6593.
Please complete Sections B-E below on a separate sheet.
B.
List the activities in which your organization is involved.
C.
Provide a history of your organization's business activities related to
transportation. Please document the growth or expansion of your transportation
activities over the past three years. Please quantify this growth by providing data
on ridership, number of vehicles, level of service, area of service, etc. If you do
not currently operate transportation service but are seeking assistance for a new
service or facility, check here: XXX .
D.
What additional areas will be served as a result of the project?
E.
If you provide public transportation services, how does your organization
establish its fare structure?
F.
Do you provide transportation that is open to the general public?
Yes: XXX No: ____
G.
Does your organization develop its own budgets? Yes: XXX_ No: _____
H.
At least 51% of the interest in the organization has membership or is owned by
those who are either U.S. citizens or reside in the U.S. after being legally admitted
for permanent residence: Yes: XXX No: ___
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NOTE: The following Organization Characteristics section describes both the ATR
Institute (ATRI) and the North Central Regional Transit District (NCRTD),
with which the ATRI will coordinate the CTAA Technical Assistance.
B. List the activities in which your organization is involved
ATRI: ATRI, a research institute at the University of New Mexico (UNM) School of
Engineering, is guided by the tenet that transportation research should promote national and
statewide investment in sustainable intermodal transportation systems that move people and
goods. The ATR Institute adopts the policies described in the TEA-21 Act and builds its
emphasis areas to encompass a holistic approach to transportation research. It is essential
that transportation researchers, planners, and administrators realize the social, economic,
equity, and environmental implications of building and maintaining a transportation
infrastructure for the long term. Whether the emphasis is materials research, policy analysis,
data quality, or information systems, the research services provided by ATRI look for the
balance between science and innovation, economics and equity, and environment and
technologic advances.
Some major areas of activity include:
Regional Transit Districts
ATRI has been staffing the NCRTD under an award from the New Mexico Department of
Transportation (NMDOT) since potential members of the district began meeting formally in
Fall 2003. This effort involved both ATRI staff and staff of the Regional Development
Corporation (RDC) through a sub-award, which included conducting research and writing
draft certification and other documents for the Organizing Committee and its two
subcommittees on Documents and Finance. The NCRTD was formally certified by the New
Mexico Transportation Commission (NMTC) in September 2004. It is the first regional
transit district in the state, the result of enabling legislation passed in March 2003. ATRI has
continued to staff the Board and its committees on Finance and Staffing. In addition, ATRI
is now offering assistance to other regions of the state interested in creating their own RTDs.
CRRAFT
ATRI has launched a Web-based software for rural transit providers. Termed the Client
Referral, Ridership, and Financial Tracking (CRRAFT), the software is a unique system
developed to link Internet-based management capabilities to rural New Mexico transit
agencies. Transit systems in small and medium-sized New Mexico communities can log-on
to CRRAFT and view or enter data on their Web browsers, streamlining operations such as
client scheduling, planning or updating routes, and recording or tracking vehicle usage.
CRRAFT can generate routine reports such as drivers’ logs, vehicle maintenance or the types
and numbers of monthly rides given. In addition, CRRAFT electronically produces financial
management and administrative reports and provides the user with other tools to increase
efficiency in accounting. The U.S. Department of Transportation, Federal Transit
Administration (FTA) and Federal Highway Administration (FHWA) Joint Programs Office,
the Public Transportation Programs Bureau (PTPB) of the NMDOT, and the NM Department
of Labor have been the major funding agencies for ATRI to develop the CRRAFT software.
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The primary impetus for the software development was continuing efforts by the ATRI and
New Mexico State agencies to expand rural transit programs for the working poor and those
moving from welfare to work. It has been recognized by the FTA’s “Best Practices”.
T-REX
A major center housed at the ATRI is the Transportation Resource Exchange Center (TREX) (www.trex-center.org). The T-REX is a single-point source for information on the
transportation of radioactive materials (RAM). The T-REX continues to build a virtual
library to improve the management and dissemination of radioactive materials transportation
information, which includes documents and other information from the U. S. Department of
Energy, the U. S. Nuclear Regulatory Commission, and other sources. T-REX staff provides
technical assistance to the general public, environmentalists, and academic researchers. The
Web pages provide links to hundreds of documents, databases, news, and contacts. One
product is The TRAM (Transportation of Radioactive Materials), a Web-accessible,
searchable database that contains information about stakeholder groups and individuals who
have a particular expertise or interest in RAM transport. Other projects include a searchable
index of scanned documents, a series of annotated bibliographies, and a study on
environmental impact statements (EIS) public comments and associated Department of
Energy responses. In 2004, the T-REX site registered 220,000 hits.
Materials Research Center
The ATR Institute operates the Materials Research Center – a major activity which brings
improved technology to the design, construction, and maintenance of highway pavement in
New Mexico. The Center also works to improve the cost-benefit ratio over the life of
highway projects. The Center is operated in cooperation with the NMDOT for the benefit of
its District Engineers in the six districts around the State.
See Section (C) below for a fuller list of ATRI activities.
NCRTD: The NCRTD is New Mexico’s first Regional Transit District. The NCRTD is in
start-up phase and has not begun offering services. It is preparing to hire an Executive
Director, who will then complete staffing and begin the work of developing a Service Plan
for the district. Regional transit districts were authorized by the Regional Transit District
Act, signed by the Governor in March 2003. The RTD Statute is enabling legislation
authorizing two or more governmental entities to enter into an intergovernmental contract to
create a district. All districts must be certified by the NMTC.
C. Provide a history of your organization's business activities related to transportation. Please
document the growth or expansion of your transportation activities over the past three years.
Please quantify this growth by providing data on ridership, number of vehicles, level of
service, area of service, etc. If you do not currently operate transportation service but are
seeking assistance for a new service or facility, check here: XXX .
ATRI: ATRI has provided transportation-related research and program management for
thirteen (13) years. This work has been supported through federal, state, and local funds.
Projects and programs fall into three major areas of activity, as follows:
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Public Transit and Mobility
o At the Crossroads: Disability and Transportation in New Mexico
o Client Referral, Ridership, and Financial Tracking (CRRAFT) System: An ITS Approach
o Enchanted Circle Transit Study
o New Mexico Passenger Transportation Association (NMPTA)
o New Mexico Rail Passenger Study
o Project Vamos: Rural Transit Demonstration Project in Doña Ana County, New Mexico
o Rural Transit Assistance Program
o Welfare-to-Work Transportation and Access to Jobs
Public Policy and Sustainable Transportation
o 2003 Multimodal Summit - New Mexico Department of Transportation
o Border Region Information on Transportation and the Environment (BRITE)
o Involving Traditional Under-Served Communities in Transportation Policy and Programs
o Isleta Boulevard Context Sensitive Design Project
o Local Government Support for Public Transportation
o New Mexico ITS/CVO and Border Technology Program
o Road LIFE Community Advisory Group
o Transit Oriented Design
o Tribal Government-to-Government Relations
o Virtual Environment for Transportation Data
o NM Transportation Research Partnership and Technology Integration
o Simultaneous Vehicle Infrastructure Design
o Smart Growth Tool Kit
o Trans-Border Transportation Research Exchange Service
Transportation Materials, Construction, and Maintenance
o Evaluation of a Mechanical Stiffness Gauge for Compaction Control of Granular Media
o Evaluation of Ground Granulated Blast Furnace Slag for Mitigation of Alkali-Silica
Reactivity of New Mexico Aggregates Used in Portland Cement Concrete
o Evaluation of Non-Destructive Testing Methods
o High Performance Concrete and Alkali-Silica Reactivity
o ITD Workbook for Highway Projects
o ITD Tijeras Canyon
o NMDOT Laboratory Bureau
o Non-Nuclear Testing Devices for Quality Control
o NUPEC/NRC Cooperative Containment Program
o Pavement Performance Evaluation for Road LIFE Project
o Whitetopping Airport Runways
o Alkali-Silica Reactivity in Portland Cement Concrete
o Alternative Test Methods
o Archaeological Surveying with Geophysical Tools
o ASR Evaluation for PCC Job Mixtures
o Concrete Technology
o Density-on-the-Run Device
o Monolithic Earthen Construction
o Power Plant Debris Flow
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NCRTD: In March 2003, the Governor signed into law the Regional Transit District Act.
Representatives from pueblo, county, and municipal government, transit operators, the Los
Alamos National Laboratory, and the private sector in the north-central region of the state
began meeting informally in Spring and formally in Fall 2003 to discuss creation of the
North Central Regional Transit District. An Organizing Committee was formed to provide a
collaborative mechanism during the certification process, ensuring that all parties were given
the ability to contribute to the process as it evolved. Through its Documents and Finance
subcommittees, the Organizing Committee created a packet of documents to present to the
New Mexico Transportation Commission (NMTC). The Commission certified the NCRTD
on September 16, 2004 (see attached map with boundaries). In November, the Board of
Directors held its first meeting. The Board is hiring an Executive Director, expected to come
onboard in May 2005. The District has also begun establishing relations with the MPOs and
RPOs in the region and with the NMDOT’s Planning Bureau.
The NCRTD is the first regional transit district in the state. It is also (to the best of our
knowledge) the first RTD in the country to have voting tribal representation on the Board
D. What additional areas will be served as a result of the project?
The intention of the NCRTD (and of the RTD Statute) is to expand public transit services to
rural areas. For the NCRTD, expectations are that the district will increase service from the
pueblos and Rio Arriba County (in particular) to job, education, and training opportunities at
Los Alamos National Laboratory (LANL) and Santa Fe. (Please see the attached map of the
NCRTD boundaries).
F. If you provide public transportation services, how does your organization establish its fare
structure?
The RTD Statute provides for establishing fares by each district’s Board, with notification to
the Transportation Commission. In practice, the exact relationship between the NCRTD and
individual transit providers (public or private) will be worked out during creation of the
NCRTD Service Plan and in negotiations with the current operators (state, county, city, or
private).
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2. TECHNICAL ASSISTANCE REQUEST
A. Summarize the project for which the technical assistance is being sought.
The “project” is to move the NCRTD beyond its start-up into on-going operation. This is
important not only for the success of the NCRTD, but also to encourage other RTDs that are
in the process of being formed or being considered around the state. This would also
demonstrate to the New Mexico Legislature that RTDs are significant for the development of
NM’s statewide multimodal transportation plan and deserve dedicated transit funding along
with other state transportation programs.
B. What are the goals of the project, short and long term?
The NCRTD is receiving NMDOT support for the first year of its administrative operations
(see attached letter from the NMDOT Secretary). The intent is to give the NCRTD time to
establish its Board, hire an Executive Director and other staff, and begin the task of doing its
own mid- and long-term planning as a regional transit district. Therefore, short-term goals
include identifying funds beyond the first year and developing a service plan. Long-term
goals are focused on making the NCRTD the central component of all transit operations in
the region (including some governmental units not currently members but considering
joining the district, including Nambé Pueblo, and the cities of Taos and Las Vegas, NM).
The attached “Transit Mobility Concepts” outlines the goals of the NCRTD
C. Identify specific technical assistance tasks.
There are two tasks:
o Develop a Service Plan in conjunction with the governmental units and existing service
providers
o Develop a Finance Plan as a guide to funding implementation of the Service Plan
D. What are the crucial dates for project completion and implementation?
The Service and Finance plans should be completed in Fall 2005, for approval by the Board
and discussion with interested parties prior to the New Year. Implementation on some
aspects of the Service and Finance Plans could begin immediately upon completion, but the
entire plans would begin with FY2007. The NCRTD needs to submit its budget to the
NMDOT by April 2006 for the FY2007 cycle, which begins on 1 July. In addition, State and
Congressional legislative sessions will begin in January 2006; both will receive requests from
the NCRTD (and other potential RTDs) for funding.
E. Upon completion of the technical assistance, what steps will the Applicant take to implement
the recommendations and manage and/or operate the finished project?
Upon completion of the Service and Finance Plans, the Board of Directors would meet to
discuss them and lay out a timetable for implementation. Discussions and negotiations on
some aspects of the plans could begin immediately. In fact, much of this discussion has
taken place over the last 1½ years as the district was being formed. Negotiations with the
State and with county and municipal transit operators could also begin immediately.
Recommendations on the financing of the Service Plan would also be taken up upon
completion, with the Board and the NCRTD staff laying the groundwork for requests to the
NMDOT, the State legislature, the NM Congressional delegation, the FTA and FHWA, and
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discussions with local governments over possible tax receipts for transit (authorized by
statute) and with tribal members regarding BIA-administered tribal road and transportation
funds
F. Describe the Federal, State, local and private sector resources that might be utilized to
implement recommendations. Please note that a financing plan can be developed as part of
the technical assistance project.
As described in the preceding section, there are a number of resources that could be tapped to
support the NCRTD. These include:
o NMDOT support for transit district administration and planning
o NM Legislature creation of a state transit fund
o Transfer of NCRTD region-related FTA funds from the NMDOT to the District (the
NCRTD Board is requesting to be made an authorized FTA recipient)
o FTA and FHWA funds
o Congressional earmarks through requests by members of the New Mexico Congressional
delegation
o Fare receipts from transit services operated by the NCRTD
o Local Gross Receipts Tax (GRT) increases (authorized by the initial RTD legislation)
o Transfer of transit assets to the NCRTD
o NCRTD-issued bonds
G. Describe any innovations or new processes the proposed technical assistance will produce.
The NCRTD is the first regional transit district in New Mexico. It is the first regional transit
district in the country with tribal voting representation on the Board of Directors; as such, it
is deeply committed to incorporating the Pueblos within the District as full partners. The
NCRTD also represents a successful collaboration between the richest county and city in the
state and some of the poorest regions of the state. The NCRTD’s collaborative certification
process has already caught the attention of other regions in the state interested in creating
their own RTDs and has also inspired a collaborative effort within the region to deal with
water and waste management issues. Development of an exceptional Service Plan and its
accompanying Finance Plan will help ensure that the NCRTD becomes a stable, wellfunctioning organization that demonstrates how collaborative cross-jurisdictional processes
can function and why such processes are so necessary.
H. Describe your organization’s experience in working with rural economic development
programs.
ATRI has a long history of working to further economic development in the State of New
Mexico. ATRI works closely with the NMDOT on a wide range of transportation issues
intended to further the state’s economic development. Projects have included US-Mexico
border-region transportation, multimodal transportation, welfare-to-work, rail passenger
studies, studies and projects seeking to incorporate the disabled and other underserved
populations, and efforts to build government-to-government relations between the state’s
tribal and non-tribal governments. ATRI’s mission is to promote sustainable transportation
that enhances the economic development of the state. It also works at the nexus of
environmental and economic issues through the NM Environment Department. Specifically
with the NCRTD, ATRI has worked with the Regional Development Corporation and the
New Mexico Public Transportation Association in promoting regional transit.
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I. It is important that State, regional and local officials, as well as other transit operators, be
aware of the proposed technical assistance project. Their involvement and support may be
critical to later implementation of the project. Please feel free to attach letters of support for
the project from local officials and the business community. In addition, please list all other
public transit operators in your service area and indicate if they are aware of your proposed
project.
The NCRTD Organizing Committee was made up of representatives from all eleven of the
governmental entities within the boundaries of the proposed district. The Board of Directors,
by statute, must have an elected official (approved by the governing body of the entity) as its
Director on the Board of the NCRTD. So-called Official Designees are either (currently)
elected officials or local government employees, generally from the transit/transportation
sector of government. In addition, the NMDOT and the Governor expect that the NCRTD
will take over operation of the current Park & Ride service operating within the District’s
boundaries and proposed commuter rail service as it pertains to the District (please see the
attached letter from the NMDOT Secretary and a recent news article regarding the
Governor’s intentions.
OPERATOR/AGENCY
Santa Fe Trails
Los Valles Transit (Española/ Rio Arriba
Los Alamos Bus
State Department of Transportation (Park & Ride)
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AWARE OF PROJECT?
YES
NO
_XXX
_____
_XXX
_____
_XXX
_____
_XXX
_____
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3.
ECONOMIC BENEFITS
The NCRTD boundaries include the City of Santa Fe and the urbanized County of Santa
Fe. The goal of the NCRTD is to provide access to education, training, and job
opportunities in Santa Fe and Los Alamos (population <20,000), location of Los Alamos
National Laboratory, the largest single employer in the District.
Please see the attached document from Los Valles Transit, serving Rio Arriba County
and Española. This is the rural area most likely to be the focus of NCRTD’s TA request.
There are other rural areas – the Pueblos in the District especially – but separate technical
assistance requests (for short-term assistance) will be made regarding them on a case-bycase basis if needed to further the long-term TA work.
In addition to the jobs estimated for Los Valles, the NCRTD anticipates having 3 new
employees – an Executive Director, a Planner, and an Office Administrator – within the
next three months.
As supplemental material to the Rio Arriba information, we note the following:
o A survey conducted in the 1990s revealed that people in Rio Arriba and Santa Fe
Counties consider transportation to be the greatest obstacle to working in Los
Alamos.
o The Los Alamos Chamber of Commerce recognizes that transit is a business
development issue; it is not simply a social service issue. Los Alamos businesses’
greatest problem is staffing; the key reason cited is the lack of alternative
transportation from other communities.
o The 12-mile section of U.S. Highway 84/285 between Santa Fe and Pojoaque carries
40,000 vehicles per day. This includes 2,500 Los Alamos Laboratory employees.
o The Santa Fe Trails transit system initiated a pilot regional transit service in 1997 to
serve communities north of Santa Fe. It supplied rides to an average of 1,200
passengers per day in its first week, increasing to a high of 1,500 in the second week,
and removed a daily minimum of 750 cars from the highway and local “choke-points
(see the attached “Transportation Service Characteristics” for SF Trails). The Santa
Fe Trails system provided over 600,000 passenger trips in the past year.
4.
TRANSPORTATION SERVICE CHARACTERISTICS
If you do not currently operate transportation service, please check here and proceed to
Section 5. XXX PLEASE NOTE: Santa Fe Trails and Los Valles Transit have
completed the form regarding service characteristics. These are attached. Los
Alamos Bus has provided some background information, but this is not in the
CTAA Application format; it will follow with the hard copy. Also attached is a
recent report to the NCRTD Board from the NMDOT, providing an overview of
ridership on the Northern New Mexico Park & Ride service (NOTE: this service
will end on June 2005; an RFP is being circulated by NMDOT and NHTSA to
provide Park & Ride service on the second phase of US285 construction).
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5. SERVICE AREA CHARACTERISTICS
A. Population of Applicant's (NB: NCRTD) service area:
PLEASE SEE ATTACHED DEMOGRAPHIC TABLE
B. What is the closest urbanized area to the Applicant's (NB: NCRTD) service area:
Urbanized area: Santa Fe City & County Population: ~140,000 (based on 2000 US Census
update)
C. Is service area immediately adjacent to an urbanized area?
Yes XXX No ______
D. For each area shown in the Applicant's service area, provide the following data. Please
indicate sources and dates of information. Use additional sheets if necessary.
PLEASE SEE ATTACHED DEMOGRAPHIC TABLE
Data are from the 2000 US Census
6.
EQUAL OPPORTUNITY
The following information is requested by the Federal Government for certain types of grants, in
order to monitor the grantee’s compliance with equal opportunity laws. You are not required to
furnish this information, but are encouraged to do so. The law requires that a grantee may
neither discriminate on the basis of this information nor on whether you choose to furnish it.
However if you choose not furnish it, this grantee is required to note race/ethnicity on the basis
of visual observation or surname. If you do not wish to furnish the above information, please
check the box below. XXX (Please see table from preceding section)
Note: “Population” refers to the service area population, and “Participants” refers to the number
of persons utilizing your organization’s services.
ETHNICITY
Hispanic or
Latino
Not Hispanic
or Latino
Total
Male
Female
POPULATION
No.
%
~100,000
~50
~100,000
~50
~200,000
~100
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PARTICIPANTS
No.
%
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RACE
American Indian/
Alaskan Native
Asian
Black or African
American
Native Hawaiian
or other Pacific
Islander
White
Total
Male
Female
POPULATION
No.
%
6039
3.0
?
?
?
?
?
?
~92,000
~47
PARTICIPANTS
No.
%
This is an Equal Opportunity Program. Discrimination is prohibited by Federal law.
Complaints of discrimination may be filed with USDA, Director, Office of Civil Rights,
Room 326-W, Whitten Building, 1400 Independence Ave., SW, Washington DC 20250-9410
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CTAA APLICATION ATTACHMENTS
1. University of New Mexico Tax Exempt Status
2. NCRTD Intergovernmental Contract
3. NCRTD Board of Directors Bylaws
4. NCRTD Map
5. Letter from NMDOT Secretary Faught
6. NCRTD Regional Mobility Concepts
7. Newspaper Article Re: Governor’s Expectations for NCRTD
8. Los Valles Transit – Economic Benefits
9. Los Valles Transit – Transportation Service Characteristics
10. Santa Fe Trails – Transportation Service Characteristics
11. NMDOT Park & Ride Summary of Ridership
12. NCRTD Demographic Table
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Attachment 16: Memorandum of Agreement
Contract No.
Vendor No.
MEMORANDUM OF AGREEMENT
BETWEEN
NEW MEXICO DEPARTMENT OF TRANSPORTATION
AND THE
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
THIS MEMORANDUM OF AGREEMENT, herein referred to as “MOA,” made and entered
into this day of , 2005, by and between the NEW Mexico DEPARTMENT OF
TRANSPORTATION, herein referred to as “DEPARTMENT,” and the NORTH CENTRAL
REGIONAL TRANSIT DISTRICT, herein referred to as “NCRTD.” In consideration of the
covenants contained herein and pursuant to the NMSA 1978, Section 73-25-1 to 73-25-18 and
State Transportation Commission Policy No. 90, THE PARTIES AGREE AS FOLLOWS:
SECTION ONE -- PURPOSE:
The purpose of this MOA is to hire staff, establish an office and develop a Preliminary Service
Plan. The Project is a joint and coordinated effort for which the DEPARTMENT and the
NCRTD each have authority or jurisdiction.
SECTION TWO -- PROJECT FUNDING BY PARTIES:
1. The total estimated cost for this Project is Two Hundred Fifty Thousand Dollars ($250,000) to
be funded as follows:
A. 2004/2005 State Road Funds
DEPARTMENT’s 100% share shall be $250,000
B. The Total Estimated Project Cost $250,000
2. The NCRTD shall pay all Project costs that exceed the total amount of Two Hundred Fifty
Thousand Dollars ($250,000).
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SECTION THREE -- NCRTD SHALL:
1. Assume the lead role for the Project.
2. Designate a point of contact for the Project.
3. Establish an NCRTD office.
4. Hire an Executive Director, Office Manager and Planner to staff the NCRTD office.
5. Participate in and coordinate with the state, regional, and local planning processes
(Metropolitan Planning Organization, Regional Planning Organization, and Tribal
Governments).
6. Within twelve months after an Executive Director is hired, the NCRTD will develop and
submit a Preliminary Service Plan that demonstrates progress toward the following: inventory
and valuation of rolling stock and other assests of transit providers; current service delivery and
operations; identification of unmet needs for service; operational, administrative capital costs of
services; and potential funding sources in the district.
7. Assure that prior written approval of the DEPARTMENT is obtained before subcontracting
any portion of services under this MOA.
8. Submit a letter of justification requesting prepayment of $100,000 for start up costs. Submit
monthly documented expenditures of the prepayment to the DEPARTMENT.
SECTION FOUR -- DEPARTMENT SHALL:
1. Make prepayment for start up costs in the amount of $100,000 to NCRTD within 30 days of
execution of this MOA and receipt of justification letter.
2. Designate a point of contact to provide technical assistance and coordinate review and
approval of NCRTD products.
3. Reimburse the NCRTD in accordance with SECTION TWO.
SECTION FIVE -- BOTH PARTIES AGREE:
Upon termination of this MOA, any remaining property, materials or equipment belonging to the
DEPARTMENT shall be accounted for by the NCRTD and disposed of as directed by the
DEPARTMENT.
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SECTION SIX -- CONFIDENTIALITY:
Any confidential information provided to or developed by the NCRTD in the performance of this
MOA shall not be made available to any individual or organization by the NCRTD without the
prior written approval of the DEPARTMENT.
SECTION SEVEN -- LEGAL COMPLIANCE:
The NCRTD shall comply with all applicable federal, state, local, and Department laws,
regulations and policies in the performance of this MOA, including, but not limited to laws
governing civil rights, equal opportunity compliance, environmental issues, workplace safety,
employer-employee relations and all other laws governing operation of the workplace, including
laws and regulations hereafter enacted. The NCRTD shall ensure that the requirements of this
compliance are made a part of each subcontract on this Project at all tiers.
SECTION EIGHT -- THIRD PARTY BENEFICIARY CLAUSE:
No provision of this MOA creates in the public, or any member thereof, a third party beneficiary
nor authorizes anyone not a party to the MOA to maintain a suit for wrongful death, bodily
and/or personal injury to person, damage to property, and/or any other claim(s) whatsoever
pursuant to the provisions of this MOA.
SECTION NINE -- NEW MEXICO TORT CLAIMS ACT:
No provision of this MOA establishes any waiver of immunity from liability for alleged tortuous
conduct of any employee of the DEPARTMENT or the NCRTD arising from the performance of
this MOA apart from that set forth in the New Mexico Tort Claims Act, NMSA 1978, Section
41-4-1, et seq. (1976).
SECTION TEN -- CONSENT TO JURISDICTION AND VENUE:
The DEPARTMENT and NCRTD hereby consent to and agree to exclusive jurisdiction of the
Courts of the State of New Mexico for the resolution of any disputes arising under or resulting
from this MOA which cannot be resolved informally and the other Party waive any objection to
the personal jurisdiction of the Courts of the State of New Mexico over the Party. It is expressly
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understood and recognized by the Parties hereto that the venue for litigation of issue, claims, or
all other judicial matters arising or resulting from this MOA shall be in the Santa Fe County
District Court.
SECTION ELEVEN -- ACCOUNTABILITY OF RECEIPTS AND DISBURSEMENTS:
There shall be strict accountability for all receipts and disbursements relating hereto. The
NCRTD shall maintain all records and documents relative to the Project for a minimum of five
years after completion of Project. The NCRTD shall furnish the DEPARTMENT or State
Auditor, upon demand, any and all such records relevant to this MOA and allow them the right
to audit all records, which support the terms of this MOA. If an audit finding determines that
specific funding use was inappropriate or not related to the Project, the NCRTD shall reimburse
that portion to the DEPARTMENT within thirty days of written notification. If documentation is
insufficient to support an audit by customarily accepted accounting practices, the expenses
supported by such insufficient documentation shall be reimbursed to the DEPARTMENT within
thirty days.
SECTION TWELVE -- AUTHORIZATION OF EXPENDITURES:
The terms of this MOA are contingent upon sufficient appropriations and authorizations being
made by the Legislature of New Mexico, for performance of this MOA. If sufficient
appropriations and authorizations are not made by the Legislature, this MOA shall terminate
upon written notice given by the DEPARTMENT to the NCRTD. The DEPARTMENT is
expressly not committed to expenditure of any funds until such time as they are programmed,
budgeted, encumbered, and approved for expenditure by the DEPARTMENT. The
DEPARTMENT’s decision as to whether its funds are sufficient for fulfillment of this MOA
shall be final.
SECTION THIRTEEN -- REIMBURSEMENT FOR EXPENDITURES INCURRED:
The DEPARTMENT shall reimburse the NCRTD on a monthly basis, upon submittal of an
invoice and/or payment request by the NCRTD, for funds expended by the NCRTD for the
purpose stated in this MOA. The DEPARTMENT will not reimburse the NCRTD for any costs
incurred prior to the full execution of the MOA, after the expiration of the MOA, or in excess of
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the maximum dollar amount of the MOA, unless the maximum dollar amount is duly amended
prior to incurring cost for services or deliverables. The NCRTD shall submit monthly invoices
and/or payment requests and shall have a certification authenticating work completed, amount
due, and remaining balance. Incomplete submittals will be returned to the NCRTD for
corrections.
SECTION FOURTEEN -- TERMS OF THIS MOA:
This MOA constitutes the entire agreement between the parties. Any claimed covenant, term,
condition, warranty or promise of performance not expressly included in this document or its
amendments, is not part of this MOA and not enforceable pursuant to this MOA. Performance of
all duties and obligations herein shall conform with and shall not contravene any state, local, or
federal statutes, regulations, rules, or ordinances.
SECTION FIFTEEN -- TERMINATION:
1. This MOA shall terminate on December 31, 2007. Neither party shall have obligation under
this MOA after said date.
2. The DEPARTMENT may, at its option, terminate this MOA if the NCRTD fails to comply
with any provision of the MOA. By such termination, neither party may nullify obligations
already incurred for performance or failure to perform prior to termination of the MOA.
SECTION SIXTEEN -- SEVERABILITY:
In the event that any portion of this MOA is determined to be void, unconstitutional or otherwise
unenforceable, the remainder of this MOA shall remain in full force and effect.
SECTION SEVENTEEN -- AMENDMENT:
This MOA shall not be altered, modified, or amended except by an instrument in writing and
executed by the parties hereto.
IN WITNESS WHEREOF, the parties have set their hands and seal the day and year set forth
below.
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NEW MEXICO DEPARTMENT OF TRANSPORTATION
By:______________________________ Date:____________________
Deputy Secretary
REVIEWED AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE
DEPARTMENT’S OFFICE OF GENERAL COUNSEL
By: _______________________________ Date: ____________________
Assistant General Counsel
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
By:______________________________ Date:____________________
President of the Board of Directors
APPROVED AS TO FORM BY THE NCRTD ATTORNEY
By:______________________________ Date:____________________
NCRTD Attorney
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Attachment 17: Fiscal Agent Agreement Draft
FISCAL AGENT AGREEMENT
BETWEEN THE
CITY OF SANTA FE
AND THE
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
This agreement is entered into on this
day of
2005 by and between the City of Santa Fe
(“City”) and the North Central Regional Transit District (“NCRTD”).
WHEREAS, the NCRTD is political subdivision of the State of New Mexico; and
WHEREAS, the City is a member of the NCRTD; and
WHEREAS, the City of Santa Fe, and the City of Espanola, County of Los Alamos,
County of Rio Arriba, County of Santa Fe, Pueblo of Pojoaque,, Pueblo of San Ildefonso, Pueblo
of San Juan, Pueblo of Santa Clara, and Pueblo of Tesuque have entered into an
Intergovernmental Contract (the “IGC”) which has an effective date of September 16, 2004; and
WHEREAS, The IGC established the NCRTD; and
WHEREAS, The NCRTD is authorized “to finance, construct, operate, maintain, and
promote an efficient, sustainable, and regional multi-modal transportation system at any location
or locations subject to compliance with the Regional Transit District Act (Act)” pursuant to
Article II, Section 2.02 of the IGC; and
WHEREAS, The NCRTD is without the present ability to perform some of the essential
fiscal duties required for effective operation of its services; and
WHEREAS, The City has the ability to perform some or all of the fiscal duties required
for effective operation of NCRTD services.
NOW THEREFORE in consideration of the foregoing, the following, and other good
and valuable consideration, the receipt of which is hereby acknowledged, the City and the
NCRTD enter into and agree to this Fiscal Agent Agreement effective on the date of final
execution by all parties written below. (the “Agreement”).
I.
SCOPE OF SERVICES BY CITY AS AGENT FOR THE NCRTD
A.
The City shall be the fiscal agent for the NCRTD. The City shall serve in
this capacity until such time as the NCRTD Board of Directors or the City shall take formal
action terminating this Agreement pursuant to Section IV, infra. The duties of the City shall be
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those listed in subsection C of this section and shall be performed by the City until such time as
this Agreement is terminated or amended. NCRTD shall maintain full management and control
of its own operations and nothing herein shall be deemed to grant any management or control of
NCRTD operations to the City.
B.
The NCRTD may take over the functions listed in subsection C herein
upon the recommendation of the Board of Directors or by way of a written amendment to this
Agreement but in no event shall the NCRTD be permitted to assume any obligations or duties
which would be in contravention of the IGC, this Agreement or any applicable law.
C.
The duties of the City as fiscal agent shall include, and are limited to the
following:
1.
Maintain fiscal records in accordance with generally accepted
accounting principles and procedures.
2.
Establish a uniform system of accounts, consistent with the current
City account structures with additional accounts, as necessary.
3.
Set up a separate agency fund in which all receipts, payments,
disbursements, payroll and all other financial records and adjustments are recorded and
maintained separately, but within the City's general ledger system.
4.
Receive and record deposits on behalf of the NCRTD in
compliance with applicable state statutes.
5.
Provide accountability for all disbursements, ensuring they are
valid and accurate and comply with federal, state, and local laws. The City will contact the
NCRTD if a disbursement is in question for correction or additional information. Disbursements
will be based on policies and procedures adopted by the NCRTD Board.
6.
Record accounts receivables based on the NCRTD’s billings,
receipts and subsidiary ledgers on individual accounts on a monthly basis. The City shall not be
responsible for collection of receivables.
7.
Ensure the general ledger reconciles to the subsidiary, although the
NCRTD will be responsible for submitting reports that are balanced as to billing amounts,
payments made, and unpaid balances at the end of each fiscal-year.
8.
Provide trial balance on a monthly basis, or as requested. Provide
any other financial information or records, upon request.
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9.
Prepare financial statements (balance sheet, revenues and
expenses, and cash flow) showing the assets, liabilities, revenues, expenses, equity balances, and
budget comparisons for the NCRTD fund on an annual basis for the year-end closing of the
NCRTD’s fiscal year in accordance with generally accepted accounting practices.
10.
The NCRTD shall separately procure, contract and pay for the
audit services and shall be responsible for any required annual reporting.
11.
Enter and maintain all payroll records, withholding deposits and
other information as necessary. The City shall issue bi-weekly payroll checks. Comply with all
state and federal reporting and payment requirements. Payment of payroll shall be performed
using existing City software programs. The NCRTD must review all proposed payroll changes
with City to receive approval of proposed changes (i.e. special deductions, etc.). No special
software accommodations for changes will be provided. Although these services are to be
provided using standard City forms and checks, it is understood that the checks and payments
issued hereunder are issued on behalf of the NCRTD and not the City. The NCRTD shall, prior
to disbursement of any standard City form or check used for such purposes, affix a legend on the
face of such form or check that indicates that the form used or check issued by the City is in the
City's capacity as fiscal agent for the NCRTD. The wording of the legend shall be approved by
the City.
12.
The City and NCRTD recognize that NCRTD staff are not City
employees. The NCRTD shall adopt its own Personnel Policies, which cover all personnel
matters, including leave polices. The NCRTD shall adopt a separate wage and salary schedule
for its employees. The City will conduct new employee processing for NCRTD staff. NCRTD
will reimburse the City for the cost of any required pre-employment medical examinations.
Recruitment and selection of employees shall be performed by NCRTD.
13.
Include the NCRTD employees in City’s insurance programs for
employee and retiree medical and dental and life insurance plans according to the benefit levels
outlined in the NCRTD adopted personnel policies. The City shall also cover the NCRTD
employees under a bond for cash handling and misappropriation of funds.
14.
Invest excess funds not required for current operations in
accordance with applicable state statues and City policies. All interest earned will be distributed
to all NCRTD funds. Although these investments shall be made in the name of the City, it is
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understood that all funds so invested and interest earnings distributed are NCRTD funds and are
invested on behalf of the NCRTD.
15.
Make available warehouse supplies, as requisitioned with
appropriate chargebacks made to the NCRTD as for other City departments.
D.
NCRTD may utilize additional city services not expressly listed in this
Agreement if requested by NCRTD and agreed to in writing by the parties. NCRTD will
reimburse the City for the actual costs for such services..
E.
Services shall be provided in a timely manner consistent with the services
provided to other City departments and overall operations. If an unusual delay is anticipated in
any of the services, the NCRTD director shall be notified in a timely manner.
II.
COMPENSATION
A.
The City may seek equitable compensation for extraordinary services not
explicitly required of the City pursuant to this Agreement but which the City undertakes in its
capacity as Fiscal Agent. Such amounts are subject to NCRTD’s prior approval.
B.
The City shall be compensated at the rate of five thousand three hundred
forty four dollars ($5,344) in the initial twelve (12) months of this agreement. In subsequent
years, the City shall be compensated for services rendered to the NCRTD based upon a
reasonable method of calculation which nearly as possible approximates the City’s actual
expenses such as actual costs, set rates, or percentage of costs for services. These calculations
shall be made in a manner similar to the manner in which the City allocates costs for general
fund services to its enterprise funds. The methods of calculating these charges for the NCRTD
may be amended due to the unique functions and characteristic of the NCRTD. The calculation
will be done in writing and provided for review to the NCRTD director.
C.
In the event that the NCRTD takes over certain of the functions assumed
by the City in this Agreement the charges will be equitably adjusted for the fiscal year in which
the NCRTD performs the services otherwise to be performed by the City.
III.
TERM
This Agreement shall be in effect for a term beginning ____________, 2005 and
ending on June 30, 2007. This Agreement may be renewed by a written letter of agreement
signed by the executive officers of the City and the NCRTD director and stating the term of any
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renewal. This Agreement shall automatically terminate in the event and at the time that the
NCRTD is terminated pursuant to section 4.02 of the IGC establishing the District.
IV.
TERMINATION
This Agreement may be terminated by either of the parties hereto upon delivery
of one hundred and twenty (120) days written notice to the other party. By such termination,
neither party may nullify obligations already incurred for performance or failure to perform prior
to the date of termination.
V.
STATUS OF CITY AND NCRTD
The City and the NCRTD are separate legal entities. The City’s agents and
employees are not employees or agents of the NCRTD. The NCRTD’s agents and employees are
not employees of the City. No powers of the NCRTD, expressed or implied, shall be granted to
the City on behalf of the NCRTD. In any event, the City’s role as fiscal agent for the NCRTD
shall be limited to those purposes consistent with the IGC, this Agreement and all applicable
laws.
VI.
THIRD PARTY BENEFICIARIES
By entering into this Agreement the parties do not intend to create any right, title
or interest in or for the benefit of any person other that the City and the NCRTD. No person
shall claim any right, title or interest under this Agreement or seek to enforce this Agreement as a
third party beneficiary of this Agreement.
VII.
AMENDMENT
This Agreement shall not be altered, changed or amended except by amendment
in writing executed by the parties hereto.
VIII.
APPLICABLE LAW
This Agreement shall be governed by the laws of the State of New Mexico.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
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CITY OF SANTA FE:
____________________________
LARRY A. DELGADO, MAYOR
ATTEST:
_______________________________
YOLANDA Y. VIGIL, CITY CLERK
APPROVED AS TO FORM:
___________________________________
BRUCE THOMPSON, CITY ATTORNEY
NORTH CENTRAL REGIONAL
TRANSIT DISTRICT:
___________________________________
JAMES RIVERA, CHAIRMAN
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Attachment 18: NCRTD Executive Director Contract
EMPLOYMENT AGREEMENT
BETWEEN
Josette P. Lucero
AND
NORTH CENTRAL REGIONAL TRANSIT DISTRICT
This agreement (the “Agreement”) is entered into on this 6th day of May 2005, by and between
Josette P. Lucero (“Contract Employee”) and the North Central Regional Transit District (“NCRTD”).
WHEREAS, the NCRTD is political subdivision of the State of New Mexico; and
WHEREAS, the City of Santa Fe, and the City of Espanola, County of Los Alamos, County of
Rio Arriba, County of Santa Fe, Pueblo of Pojoaque,, Pueblo of San Ildefonso, Pueblo of San Juan,
Pueblo of Santa Clara, and Pueblo of Tesuque have entered into an Intergovernmental Contract (the
“IGC”) which has an effective date of September 16, 2004; and
WHEREAS, The IGC established the NCRTD; and
WHEREAS, The NCRTD is authorized “to finance, construct, operate, maintain, and promote an
efficient, sustainable, and regional multi-modal transportation system at any location or locations subject
to compliance with the Regional Transit District Act (Act)” pursuant to Article II, Section 2.02 of the
IGC; and
WHEREAS, NCRTD wishes to retain Contract Employee as its Executive Director to perform
all the executive and administrative functions required for start-up and operation of NCRTD authorized
activities.
NOW THEREFORE
DUTIES AND RESPONSIBILITIES
1.1
Contract Employee shall serve and perform the duties of the Executive Director upon the
terms and conditions of this Agreement. As such she shall be responsible for all executive
and administrative functions of NCRTD, which shall include the following:
A.
Hiring, firing, promotion and all other personnel actions to be taken by the NCRTD.
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B
Execution of all contracts and written instruments of the NCRTD on behalf of the
NCRTD within the constraints established from time to time by the NCRTD board. Contracts regarding
interests in real property, regarding the pay or reimbursement of benefits to the Contract Employee, or which
bind the NCRTD to expend funds in excess of $5,000 shall require the prior approval of the NCRTD board.
C.
Development and implementation of internal policies for the day-to-day operations
of NCRTD.
D.
Seeking, identifying and presenting for board approval revenue sources to continue
operation of the NCRTD.
E.
Implementing the Policies of the NCRTD.
F.
Taking such steps as the NCRTD may direct in furtherance of the NCRTD’s
authorized purposes.
G.
Such other and additional duties as the NCRTD, through its board, may from time
to time authorize.
PERFORMANCE GOALS
2.1
NCRTD board shall be the supervisor of Contract Employee.
2.2
NCRTD board and Contract Employee shall, within two months of the date of this
Agreement, define Contract Employee's goals and performance objectives. Those goals and performance
objectives will be updated annually at the time of Contract Employee's performance evaluation.
2.3
NCRTD will use these performance objectives in Contract Employee's annual performance
evaluation. Other criteria may be established by NCRTD board and Contract Employee jointly and criteria
may be added or deleted as NCRTD board may from time to time determine, in consultation with Contract
Employee. Further, the NCRTD board Chair shall provide Contract Employee with a summary written
statement of the findings of NCRTD board and provide an adequate opportunity for Contract Employee to
discuss her evaluation with NCRTD board.
ANNUAL PERFORMANCE AND COMPENSATION REVIEW
3.1
Initially the NCRTD board will review the performance of the Contract Employee six (6)
months after the date of this agreement thereafter the NCRTD board shall review and evaluate the
performance of Contract Employee at least once annually. Said review and evaluation shall reflect Contract
Employees' attainment of the goals and performance objectives established under 2.2, above, taking into
consideration the relative priorities among those goals and objectives as established by the parties in the
preceding year.
3.2
Concurrent with the initial six (6) month and annual performance evaluation, NCRTD board
will review Contract Employees' compensation. This shall not, however, require NCRTD to increase
Contract Employee's compensation at any time or for any reason. NCRTD shall not reduce the base salary;
compensation or other benefits of Contract Employee without Contract Employee’s written consent and a
failure by NCRTD to abide by this provision shall be deemed termination without cause for purposes of
severance.
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COMPENSATION, LEAVE AND BENEFITS
4.1
Contract Employee shall be paid an annual base salary of $70,000, payable in the same installments
as compensation paid by the NCRTD’s fiscal agent to its employees. The salary payments shall be
subject to federal and state income tax withholding, and all withholding authorized by Contract
Employee or required by law. Contract Employee shall be an employee of NCRTD and entitled to
all benefits, at her option, as are available to other employees of NCRTD as may be set forth in its
personnel rules and regulations which NCRTD may adopt, as well as the benefits specified herein,
but this shall not entitle Contract Employee to duplication of any benefit.
4.2
It is recognized that Contract Employee must devote a great deal of time outside the normal office
hours on business for NCRTD, and to that end Contract Employee shall be allowed to establish
an appropriate work schedule. However, Contract Employee shall keep a record of her hours and
shall report them to NCRTD quarterly.
4.3
From and after the Employment Date, NCRTD agrees to provide for health, hospitalization,
surgical, vision, dental and comprehensive medical insurance and other similar benefits for
Contract Employee and her dependents equal to and to the extent that such benefits are provided
to all other employees of NCRTD’s fiscal agent. NCRTD will contribute up to 80% of the
monthly premium cost for Contract Employee and her dependents. Contract Employee will be
responsible for the remainder of the monthly premium costs.
4.4
Contract Employee shall accrue sick and annual leave as provided for by the NCRTD Personnel
Policies. Contract Employee is entitled to accrue unused leave to the same limit applicable to
other employees of NCRTD. In the event Contract Employee’s employment is terminated, either
voluntarily or involuntarily, Contract Employee shall be compensated for all accrued annual
leave, but not sick leave or any other accrued leave except as may be allowed by the NCRTD
Personnel Rules and Regulations. Contract Employee shall not accrue compensatory time and
shall be entitled to no compensation or benefits for working hours in excess of forty (40) hours
per week.
4.5
Contract Employee shall continue to be eligible for all other benefits not specifically stated in this
agreement but which are afforded to other full-time employees of NCRTD’s as provided within it
Personnel Policies. NCRTD agrees that the payment of all benefits shall be made to Contract
Employee or heirs according to the provisions of existing plan documents or benefit contracts in
effect for all other full time employees.
RETIREMENT
5.1 NCRTD agrees to continue the enrollment of Contract Employee into the applicable state or local
retirement system, the Public Employee Retirement Association (“PERA”), and to make the appropriate
contributions for required NCRTD share, in accordance with NCRTD’s Personnel policies.
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TERMINATION OF EMPLOYMENT
6.1
The parties may mutually terminate this Agreement in writing at any time and on any terms,
as they shall agree.
6.2
In the event that Contract Employee voluntarily resigns her/her position with NCRTD,
Contract Employee shall provide a minimum of sixty (60) days’ prior written notice unless the parties
agree otherwise.
6.3
NCRTD board may terminate this Agreement unilaterally, without cause, at any time and
for any reason. Such termination must be approved by a majority of NCRTD board. The date of
termination shall be the date of the vote of NCRTD board. If NCRTD board terminates this Agreement
under this paragraph 6.3, Contract Employee shall be entitled to severance pay of an amount equal to
ninety (90) calendar days base salary which shall be subject to all federal and state income tax
withholding and all withholding required by law or authorized by Contract Employee. In addition,
Contract Employee shall be paid an amount equal to the premiums required to maintain her NCRTD
provided insurance under COBRA for a period of ninety (90) calendar days. NCRTD shall not be
required to make any PERA payments on any sum paid under this paragraph 6.3. Acceptance of this
payment by Contract Employee shall be deemed acceptance of liquidated damages a waiver of all claims
against Employer, a release, and a promise to hold harmless the NCRTD, NCRTD board and its
employees from any claim by Contract Employee arising under this Agreement or arising from or during
her employment with NCRTD.
6.4 NCRTD may terminate Contract Employee for cause. If NCRTD terminates this
Agreement as provided in this Section Contract Employee shall not be entitled to receive, and NCRTD
shall not be required to pay, any severance payment. NCRTD may terminate this agreement immediately
upon written notice to Contract Employee if Contract Employee would otherwise be subject to discipline
under the NCRTD Personnel Policies for material violation or violations of NCRTD rules, policies, or
standards of conduct.
6.5
Death of Contract Employee shall terminate this Agreement. The date of
termination is the date of Contract Employee's death. Upon the death of Contract Employee her estate and/or
beneficiaries shall be entitled to all benefits accrued and payments due to an Contract Employee of NCRTD
as well as Contract Employee's base salary (subject to all federal and state income tax withholding and all
withholding required by law or authorized by Contract Employee), PERA payment, vehicle expense
reimbursement and benefits through date of death, but this Agreement shall not require NCRTD to pay any
additional sums and no other obligation to Contract Employee, her heirs, representatives or assigns shall be
created by this Agreement. This paragraph is not intended, and shall not be construed, to limit NCRTD's
liability, if any, under the New Mexico Workers' Compensation Act.
6.6
If Contract Employee is incapacitated for more than thirty (30) days so that she
cannot fulfill her responsibilities hereunder, NCRTD may terminate this Agreement upon 30 days written
notice to Contract Employee. Upon such termination NCRTD will pay to Contract Employee all accrued
base salary (subject to all federal and state income tax withholding and all withholding required by law or
authorized by Contract Employee), PERA payment, and vehicle expense through date of termination.
Contract Employee shall be entitled to all benefits available to a Contract Employee of NCRTD under its then
rules and regulations but Contract Employee shall not be entitled to any additional compensation or payment
under this Agreement. This paragraph is not intended, and shall not be construed, to limit NCRTD's liability,
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if any, under the New Mexico Workers' Compensation Act and is intended by the parties to be in compliance
and conformance with the Americans With Disabilities Act.
Contract Employee shall be incapacitated so that she cannot fulfill her responsibilities hereunder if
she (1) has been declared legally incompetent by a Final Court Decree (the date of such decree being deemed
to be that date on which the disability occurred), (2) has received disability insurance benefits from any
disability income insurance policy maintained by the NCRTD for a period of three consecutive months (the
date of disability being deemed to be that date on which the third consecutive payment is received), or (3) has
been found by a licensed New Mexico physician to be disabled pursuant to a Disability Determination. A
“Disability Determination” means a finding that Contract Employee, because of a medically determinable
disease, injury, or other mental or physical disability, is unable to perform substantially all of her regular
duties for the NCRTD and that such disability is determined or reasonably expected to last at least ninety (90)
days. The date of any physician's written opinion conclusively finding Contract Employee to be disabled is
the date on which the disability will be deemed to have occurred.
REIMBURSEMENT OF BUSINESS EXPENSES: PROFESSIONAL DEVELOPMENT
7.1
Contract Employee will be reimbursed for travel and out-of-pocket business expenses in
accordance with the NCRTD's policies on such reimbursement. Travel per diem for meals is established at a
rate of $40 per day when traveling beyond _80__miles (round trip) on NCRTD related business. In the event
that the contract employee utilizes their vehicle for NCRTD related business, said mileage will be reimbursed
at .405 cents per mile.
7.2
Contract Employee, as part of her duties as Executive Director, will annually present a
budget for the NCRTD, consistent with budget policy and guidelines adopted by the NCRTD Board.
NCRTD understands that the proposed budget will include funds to pay for the travel and business expenses
of Contract Employee for professional and official travel, meetings, and social occasions adequate to continue
the professional development of Contract Employee and to adequately pursue necessary official and other
functions. These shall include but not be limited to national, regional, state, and local groups and committees
on which Contract Employee serves as a member.
7.3
Contract Employee will also include in the Executive Director's Office budget proposal an
amount to pay for travel and attendance and related business expenses for Contract Employee's attendance at
short courses, institutes and seminars that are necessary or desirable for her professional development.
7.4
Although NCRTD recognizes that the submitted budget of the Executive Director's Office
will include funds sufficient to pay for such professional development, business travel and related expenses,
NCRTD is not obligated to approve the budget as submitted nor to approve any such travel or expense except
as set forth in the policy of NCRTD.
OUTSIDE EMPLOYMENT
8.1
The position of Executive Director is a full-time position. Contract Employee will provide
her best efforts and dedicate her full time to the completion of job responsibilities. To this end, Contract
Employee shall not accept any other contemporaneous employment involving more than ten (10) hours per
week without the prior consent of NCRTD board. Occasional teaching, writing, consulting performed on
Contract Employee's time off shall not violate the terms of this paragraph, and shall not require the prior
consent of NCRTD board.
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8.2
Contract Employee shall not spend more than ten (10) hours per week in teaching, writing,
consulting, or other non-NCRTD connected business without the prior approval of NCRTD board, which
consent shall not be unreasonably withheld.
INDEMNIFICATION
9.1
Contract Employee shall be entitled to all the immunities and indemnifications afforded by
the New Mexico Tort Claims Act 41-4-1 et seq NMSA 1978 (1989 Repl.) and by liability insurance or selfinsurance maintained by the NCRTD for the benefit of its Contract Employees.
9.2
To the extent that immunity or indemnification may not be afforded by the New Mexico
Tort Claims Act or by liability insurance, except as otherwise prohibited by law, NCRTD shall indemnify
Contract Employee for acts and omissions allegedly arising out of her employment by NCRTD under those
circumstances and to the same extent as currently allowed by 53-11-4.1 NMSA 1978 (1993 Repl.) for a
business corporation to indemnify its directors and officers. For purposes of implementing such
indemnification, NCRTD board shall be deemed to be the Board of Directors of the corporation, Contract
Employee shall be deemed to be an Officer of the corporation, and all references to shareholders shall be
disregarded.
NOTICES
10.1
Notice under this Agreement shall be deemed given on the day personally delivered or
three (3) days after deposit in the United States Mail, first class postage pre-paid, to a party at the address
set forth below:
NCRTD:
Chairman, NCRTD Board
428 Sandoval Street, Suite 201
Santa Fe, NM 87501
CONTRACT EMPLOYEE:
Josette P. Lucero
P.O. Box 6236
Santa Fe NM 87502
An address may be changed by notification to the other party in writing delivered as specified for
notices hereunder. Unless such notice is made, a party is entitled to rely on the address stated above.
GENERAL PROVISIONS
11.1
Integration. This agreement sets forth and establishes the entire understanding
between NCRTD and Contract Employee relating to the employment of Contract Employee by NCRTD.
Any prior discussions or representations by or between the parties are merged into and rendered null and
void by this agreement.
11.2
Severability. The invalidity or partial invalidity of any provision, paragraph,
sentence or clause in this agreement will not affect the validity of the remainder of the agreement. In the
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event that any part of this agreement is held to be invalid, the remaining provisions shall continue in full
force and effect.
11.3
To the extent that the terms and conditions of this agreement conflict with the personnel
policies and procedures of NCRTD, the terms and conditions of this agreement shall control.
11.4
choosing.
Each party hereto has been advised of its right to representation by counsel of its own
IN WITNESS WHEREOF, NCRTD has caused this Agreement to be signed and executed in its
behalf by its NCRTD board Chairman, and duly attested to by its County Clerk, and Contract Employee has
signed and executed this Agreement to be effective the day and year first above written.
Date: _____________________________________
CONTRACT EMPLOYEE
Josette P. Lucero
NORTH CENTRAL REGIONAL
TRANSIT DISTRICT:
___________________________________
JAMES RIVERA, CHAIRMAN
Date
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Attachment 19: PERA Form
NEW MEXICO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
AFFILIATED PUBLIC EMPLOYER QUESTIONNAIRE
______________________________________________________________________________
INTRODUCTION
Section 414(d) of the Internal Revenue Code (“IRC”) requires that all public employers
affiliated with PERA must meet certain criteria required for “governmental plans" under
the Internal Revenue Code. Compliance with the IRC's governmental plan requirements is
essential to PERA because it assures both PERA and its members and retirees favorable
tax treatment with respect to PERA contributions and earnings. All employers affiliated
with PERA must meet the IRC requirements; failure of even a single employer to meet
these requirements could disqualify the entire PERA plan. Thus, before permitting an
employer to affiliate, PERA must use its best efforts to determine if each employer seeking
PERA affiliation meets the IRC government plan requirements.
The ultimate authority to make this determination rests with the Internal Revenue Service.
However, since the IRS only looks at compliance issues in the context of a plan audit,
PERA makes it own initial assessment concerning an employer's compliance with the IRC
governmental plan requirements. In order to make this determination, PERA needs to
obtain certain information about each employer. The attached questionnaire is designed to
assist PERA in procuring the necessary information. As you will notice, the questionnaire
is comprehensive, and completing it will be time-consuming. However, your complete
answers to each of these questions will be critical in providing PERA with the information
it needs to make its determination. The questionnaire solicits information in the following
areas: (1) general information about the employing entity; (2) a list of officers and directors
of the organization; (3) a description of the organizational status of the entity; (4) tax status
of the entity; (5) services provided by the entity; (6) sources of funding, finances, and
profits; (7) governmental supervision and public accountability, and miscellaneous matters
such as the right to sue and be sued, exercise of regulatory or police powers, right of
eminent domain, etc. It is in the interest of the entity requesting affiliation to provide
thorough responses to the questionnaire.
You are welcome to supplement the
questionnaire with any additional information that you may think will facilitate our
inquiry.
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AFFILIATED PUBLIC EMPLOYER QUESTIONNAIRE
I.
GENERAL INFORMATION
1.
Please state the legal name, telephone number, mailing address, chief executive
officer, and principal contact person of the organization.
Name:____________________________________________________________
Telephone:________________________________________________________
Mailing Address:___________________________________________________
Chief Executive Officer:_____________________________________________
Name
______________________________________________
Title
Contact Person:____________________________________________________
Name
____________________________________________________
Title
2.
Please identify the organization's principal place of business and all locations
where the business of the organization is conducted.
Principal Place of Business:___________________________________________
______________________________________________________________________________
______________________________________________________________________________
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II.
ORGANIZATIONAL STATUS
1.
Please indicate the legal status of the organization (e.g., state, municipal, quasimunicipal corporation, non-profit corporation, corporation, etc.)
2.
Please indicate whether the organization exists and/or was formed under any
statute, regulation, rule, ordinance, charter amendment, or other authority.
Yes _________
No ________
A.
If you answered yes to the previous question, please identify such
authority and provide a copy of this authority.
__________________________________________________________________
__________________________________________________________________
3.
Please indicate whether the organization is affiliated with any state, local or
federal government or subdivision thereof.
Yes __________
A.
No __________
If you answered yes to the previous questions, please describe the
affiliation, the history of the relationship, and what it currently
entails. [Attach additional explanatory materials if necessary.]
__________________________________________________________________
__________________________________________________________________
B.
Please provide copies of any agreement, contracts, memoranda,
correspondence or other documents setting out the terms of such
affiliation.
4.
Please provide copies of the organization’s current articles of incorporation,
by-laws, other documents evidencing the form of its legal status.
5.
Please list the purposes for which the organization was formed [Attach additional
explanatory materials if necessary.]
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
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6.
Please state the purposes currently served by the organization. [Attach additional
explanatory materials if necessary.]
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
7.
Who is the Governing Body? (directors, trustees, commissioners, executive
committee or governmental entity)
Name
Title
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
8.
Please briefly explain the process by which the Governing Body (directors,
trustees, commissioners, executive committee members, etc.) are elected, appointed, or otherwise
asked to serve on the policy making body of the organization. [Attach additional explanatory
materials if necessary.]
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
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A.
Please indicate the length of the terms of the Governing Body.
_______________________________________________________________________
_______________________________________________________________________
B.
Please indicate whether the Governing Body members receive compensation for their
services.
Yes_________
No_________
a.
If you answered yes to the previous question, please explain
briefly the process by which such compensation is
determined. [Attach additional explanatory materials if
necessary.]
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
b.
Please identify the source of funds used for this payroll.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
c.
Are members of the Governing Body employees? If so, explain by job title.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
9.
Please indicate whether there are any preconditions (i.e. must be a public
employee of Town) to serve as an employee, officer or director of the organization.
Yes________
No________
A.
If you answered yes to this question please describe briefly these
preconditions. [Attach additional explanatory materials if
necessary.]
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
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10.
Please explain the hiring, appointing, electing, promoting, and terminating
procedures applied to staff volunteers and/or employees of the organization. For example, please
indicate who makes these employment decisions and whether they are subject to review by any
individual, organization or local, state or federal government or subdivision thereof. [Attach
additional explanatory material if necessary.]
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
11.
Please identify any employee, officer or director who is employed by both the
organization and any local, state or federal government or subdivision thereof.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
III.
REAL PROPERTY
1.
Please indicate whether the organization owns any real property.
Yes________
A.
No_________
If you answered yes to this question, please:
a.
indicate the specific authority to acquire property including any
legal authority. (eminent domain, statutory sections, etc.)
____________________________________________________________
____________________________________________________________
b.
describe the types of business and activities conducted on
the property:
____________________________________________________________
____________________________________________________________
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B.
Please indicate whether the organization is required to pay
real estate taxes on the above listed property:
Yes________
2.
No________
a)
if you answered yes to the previous question, please
enclose a copy of the most recent tax bill.
b)
If you answered no to the previous questions,
please explain why. [Attach additional explanatory
material if necessary.]
Please indicate whether the organization leases or rents property:
Yes______
i)
No_______
If there is no rental payment or rent in a nominal amount is required,
please explain why.
____________________________________________________________
____________________________________________________________
3.
Please specify the source of the organization's authority to own or lease property
and any restrictions that may exist with respect to such ownership and/or use of real property.
[Attach additional explanatory material if necessary.]
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
IV.
PUBLIC LAW REQUIREMENTS
1.
Please indicate whether the meetings of the organization are subject to New
Mexico's Open Meetings Act, Section 10-15-1 et seq. NMSA 1978, as amended.
Yes_______
No_______
2.
Please indicate whether the organization must comply with the rule making
requirements imposed by New Mexico's State Rules Act, Section 14-4-1, et seq., NMSA 1978,
as amended.
Yes_______
No_______
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3.
Please indicate whether your organization is subject to New Mexico's Inspection
of Public Records Act; Section 14-2-1, et seq. NMSA 1978, as amended.
Yes_________
No_________
4.
Please indicate whether the meetings of the organization are represented by any
bargaining unit or labor union or other labor representative.
Yes_________
A.
No_________
If you answered yes to this question, please identify such unit or
union.
____________________________________________________________
____________________________________________________________
B.
Please indicate whether the organization is exempt from the jurisdiction of
the National Labor Relations Board.
Yes_________
No________
5.
Please indicate whether the organization is subject to the New Mexico Per Diem
and Mileage Act, Section 10-8-1, et seq., NMSA 1978, as amended.
Yes_________
No_________
6.
Is the organization authorized to adopt rules regarding its daily operations without
the approval of a court or a local, state or federal government or subdivision thereof?
Yes________
A.
No_________
If you answered yes to this question, please identify the source of
this authority (such as a statute, the organization's by-laws, etc.):
____________________________________________________________
____________________________________________________________
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7.
Is the organization authorized to hold formal hearings and render decisions in
connection with any aspect of the services and programs it offers?
Yes _________
No________
A.
If you answered yes to this question, please identify the source of
authority:
____________________________________________________________
____________________________________________________________
8.
Is the organization authorized to tax or assess members of the general public?
__________________________________________________________________
__________________________________________________________________
Yes ________
A.
9.
No________
If you answered yes to this question, please identify the source and extent
of this authority:
Does the organization possess the power of eminent domain?
Yes_______
A.
No_________
If you answered yes to this question, please identify the source and extent
of this authority:
____________________________________________________________
____________________________________________________________
____________________________________________________________
10.
Does the organization have police powers or the right to conduct investigations,
levy fines, issue tickets, detain persons or restrict or prohibit access to property other than that
occupied by the organization?
Yes_________
A.
No_________
If you answered yes to this question, please identify the source and
extent of this authority:
____________________________________________________________
____________________________________________________________
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11.
Is the organization authorized to regulate any activities and practices of any
person or entity outside the organization?
Yes________
A.
No_________
If you answered yes to this question, please identify the source and
extent of this authority:
____________________________________________________________
____________________________________________________________
V.
FUNDING
1.
Please identify the sources of the organizations operating funds.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
2.
Please identify the organization's fiscal period, and attach a copy of the most
recent financial statement, including balance sheet, showing all of the organization's property.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
3.
Please indicate whether the organization is authorized to borrow money.
Yes________
A.
No________
Please explain the source and the extent of the authority either
empowering or prohibiting the organization from borrowing:
____________________________________________________________
____________________________________________________________
B.
Please indicate whether the organization has ever incurred
indebtedness to another entity pursuant to a loan:
Yes_________
No_________
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a.
If you answered yes to this question, please identify the
circumstances:
___________________________________________________________
___________________________________________________________
4.
Please indicate whether the organization received funds from any local, state, or
federal government or subdivision thereof during the current or immediately prior fiscal period.
Yes________
A.
No________
if you answered yes to this question please:
a.
identify the governmental source:
______________________________________________________
b.
specify the amount:
______________________________________________________
c.
indicate the date(s) such funds were received and are expected to
be received:
______________________________________________________
5.
Please indicate whether the organization expects to receive any governmental
funding during the next fiscal period.
Yes_________
A.
No_________
If you answered yes to this question, please:
a.
identify the governmental source:
______________________________________________________
b.
specify the amount:
______________________________________________________
c.
indicate the date such funds are expected to become
available:
______________________________________________________
d.
please provide any other pertinent information:
___________________________________________
___________________________________________
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6.
Please indicate whether the governmental funding received by the organization, if
any, is authorized by local, state or federal law.
Yes________
No_________
A.
If you answered yes to this question, please cite such
authority.
____________________________________________________________
____________________________________________________________
____________________________________________________________
7.
To the extent that the organization may obtain funding from a local, state or
federal government or subdivision thereof, please describe the procedure the organization must
utilize in order to obtain such funding. [Attach additional explanatory material if necessary.]
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
8.
Please indicate whether the organization's expenses are paid for in whole or in
part by community donations and/or other voluntary contributions.
Yes_________
A.
No________
If you answered yes to this question, please:
a.
indicate whether the organization actively solicits such donations
or voluntary contributions:
Yes_________
b.
No________
if you answered yes to this question, please describe the
organization's fund-raising procedures and activities:
______________________________________________________
______________________________________________________
______________________________________________________
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9.
Please indicate whether the organization must maintain financial records and/or
prepare a budget or any other financial report to be submitted to or filed with any independent
entity, or local, state, or federal government or subdivision thereof.
Yes________
A.
No________
If you answered yes to this question, please identify the
governmental entity receiving such filing and the basis for such a
requirement.
____________________________________________________________
____________________________________________________________
____________________________________________________________
10.
Please indicate whether any outside individual, entity, or local, state or federal
governmental or subdivision thereof has the authority to exercise any type of fiscal control over
the organization.
Yes__________
A.
No_________
If you answered yes to this question, please identify such individual,
entity or governmental body, the source of its authority, and the
scope of its control. [Attach additional explanatory material if
necessary.]
____________________________________________________________
____________________________________________________________
____________________________________________________________
11.
To the extent that the organization enters into agreements and contracts in the
ordinary course of its operations, please indicate whether such agreements must be reviewed
and/or approved by any outside party.
Yes__________
A.
No_________
Please identify the outside party by:
Name:_______________________________________________________
Source of Authority:___________________________________________
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12.
To the extent that the organization's revenues exceeded expenses during prior
fiscal periods, please indicate whether such surplus inures to the benefit of any individual, entity
or local, state or federal government or subdivision thereof other than the intended end-users of
the programs and/or services offered by the organization.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
13.
Please indicate whether the organization has realized a surplus within the past
three years or has a non-deficit spending law.
Yes__________
A.
VI.
No_________
If you answered yes to this question, please indicate the authority for
prohibition on deficit spending law.
TAX STATUS
1.
Please indicate whether the organization filed a federal tax return for its most
recent fiscal period.
A.
2.
If you answered yes to the previous question, please attach a copy of the
federal tax return filed by the organization for its most recent fiscal period.
Please indicate whether the organization is exempt from any federal taxes.
Exempt _________ Not Exempt __________
A.
If you answered Exempt to this question, please state the basis for the
exemption. [Attach additional explanatory material if necessary.]
____________________________________________________________
____________________________________________________________
____________________________________________________________
3.
Please indicate whether the organization is exempt from any state taxes.
Exempt _________
Not Exempt __________
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A.
if you answered Exempt to this question, please state the basis for the exemption.
[Attach additional explanatory material if necessary.]
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
4.
Please indicate whether the organization is exempt from any local taxes.
Exempt _________
A.
Not Exempt _________
If you answered Exempt to this question, please state the basis for the
exemption. [Attach additional explanatory material if necessary.]
____________________________________________________________
____________________________________________________________
____________________________________________________________
5.
Please indicate whether any tax exemption issue concerning your organization has
ever been adjudicated.
Yes_________
A.
No__________
If you answered yes to this question, please attach a copy of such
adjudication.
6.
Please indicate whether the organization has ever received a letter ruling or
opinion letter from the Internal Revenue Service concerning its tax status.
Yes_________
A.
VII.
No_________
If you answered yes to this question, please attach a copy of such ruling or
opinion.
SERVICES
1.
Please describe the services and programs provided by the organization. [Attach
additional explanatory materials if necessary.]
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
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2.
Please indicate if such services and/or programs are offered pursuant to any
statute, regulation, rule, ordinance, charter amendment or other authority.
Yes_________
A.
No__________
If you answered yes to this question, please identify the source and extent
of such authority.
____________________________________________________________
____________________________________________________________
3.
Please indicate whether the services and/or programs are offered in conjunction
with any individual, entity, or local, state or federal government or subdivision thereof.
Yes_________
A.
No_________
If you answered yes to this question, please identify such other
organizations) by name and mailing address:
Name
Title
____________________________________________________________
____________________________________________________________
____________________________________________________________
B.
If the relationship concerning the provision of services is evidenced by
any agreements, memoranda, correspondence or other documentation,
please provide a copy of such documents.
4.
Please indicate whether any individual, entity or federal, state or local government
or any subdivision thereof funds (in whole or in part) or sponsors (in whole or in part) a specific
program or service administered by the organization.
Yes_________
A.
No__________
If you answered yes to this question, please:
a.
identify the source of funds and/or sponsor/sponsors by
name and mailing address:
Name
Title
__________________________________________________
__________________________________________________
__________________________________________________
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5.
Please describe briefly the process by which services and/or programs are created
and implemented by the organization. [Attach additional explanatory material if necessary.]
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
6.
Please indicate whether the creation and implementation of services and/or
programs are subject to any special restrictions.
Yes_________
A.
No________
If you answered yes to this question, please identify the source and extent
of these restrictions.
____________________________________________________________
____________________________________________________________
____________________________________________________________
7.
Please indicate whether the organization is subject to any mandatory reporting
requirements regarding such services or programs by any individual, entity or local, state or
federal government or subdivision thereof.
Yes_________
A.
No_________
If you answered yes to. this question, please identify the source and extent
of such reviewing authority.
____________________________________________________________
____________________________________________________________
____________________________________________________________
8.
Please identify the end-users of the services and/or programs provided by the
organization.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
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9.
Please indicate whether the organization charges any fee or other cost to those who use
the services and/or programs offered.
Yes________
A.
No________
If you answered yes to this question, please specify the type of fee (user
fee, entrance fee, etc.) May the fee be waived? If yes, when and how.
___________________________________________________________
___________________________________________________________
___________________________________________________________
10. Please identify any services and/or programs of the organization offered free of charge.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
11.
Please indicate whether any preconditions must be satisfied before an individual
or entity qualifies for the services and/or programs offered by the organization.
Yes_________
A.
No_________
If you answered yes to this question, please describe such preconditions:
____________________________________________________________
____________________________________________________________
____________________________________________________________
12.
Please describe any services and/or programs which were offered in the last three
years but have been discontinued.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
A.
If services and/or programs have been discontinued within the last three
years, please indicate the effective date and the reasons) for such
discontinuation and identify any other individual, entity, or local, state, or
federal government or subdivision thereof which offered comparable
service and/or programs at the time.
___________________________________________________________
___________________________________________________________
___________________________________________________________
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B.
If services and/or programs are currently in the process of being
discontinued, please explain why and indicate whether another individual,
entity, or local, state, or federal government or subdivision thereof
presently offers comparable services and/or programs.
___________________________________________________________
___________________________________________________________
___________________________________________________________
13.
Please describe any additional services and/or programs currently being
planned and the expected date of implementation.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
A.
Please note whether such additional services or programs are being
undertaken pursuant to any statute, regulation, rule, ordinance, charter
amendment or other authority, or in connection with any other individual,
entity, or local, state or federal government or subdivision thereof.
Yes_________
No__________
VIII. SUPERVISION
1.
Please indicate whether the control and supervision of the organization is vested
in any outside individual, entity, or local, state or federal government or subdivision thereof.
Yes_________
A.
No_________
If you answered yes to this question, please identify the authority
and discuss the extent of the supervisory powers and the manner in
which such powers are exercised. [Attach additional explanatory
materials if necessary.]
___________________________________________________________
___________________________________________________________
___________________________________________________________
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2.
Please indicate whether any outside individual, entity, or local, state or federal
government or subdivision thereof oversees the operations of the organization on a regular basis.
Yes_________
A.
No_________
If yes, please explain the source and extent of this oversight.
___________________________________________________________
___________________________________________________________
___________________________________________________________
3.
Please indicate whether the organization is required to maintain certain records
and/or prepare certain reports to be reviewed periodically by any outside individual, entity, or
local, state or federal government or subdivision thereof.
Yes_________
A.
No________
If you answered yes to this question, please:
a.
state the authority for such record-keeping and report-making
requirements.
______________________________________________________
______________________________________________________
b.
describe the nature of such records and reports.
______________________________________________________
______________________________________________________
B.
If you answered yes to the previous question, please elaborate on
the relationship between the organization and the other entity.
[Attach additional explanatory material if necessary.]
______________________________________________________
______________________________________________________
______________________________________________________
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4.
Please indicate whether any other individual, entity, (local, state or federal
government) or subdivision thereof is providing similar services and/or programs in the
community.
Yes_________
A.
No________
If you answered yes to this question, please identify the individual, entity,
or government by name and mailing address, and describe the similar
services.
___________________________________________________________
___________________________________________________________
IX.
MISCELLANEOUS
1.
Please indicate whether the employees of the organization receive compensatory
time off and/or other overtime benefits in lieu of monetary overtime compensation.
Yes_________
A.
No_________
If you answered yes to this question, please describe such overtime
benefits.
___________________________________________________________
___________________________________________________________
2.
Please indicate whether the organization has been sued or involved in an
administrative claim brought against it within the past three years or is currently involved in
litigation.
A.
If you answered yes to this question, please describe such litigation and, to
the extent applicable, its outcome.
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
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3.
Please indicate whether any legal suit or administrative claim has been instituted
by or on behalf of the organization within the past three years.
Yes________
A.
No________
If you answered yes to this question, please describe the nature of the
action and, to the extent applicable, its outcome.
______________________________________________________
______________________________________________________
4.
government?
Does the organization perform functions traditionally provided by
Yes________
A.
No________
If you answered yes to the previous question, please explain.
______________________________________________________
______________________________________________________
5.
Does the organization function as an auxiliary to or in conjunction with any
governmental authority?
Yes_________
A.
No_________
If you answered yes to the previous question, please explain.
______________________________________________________
______________________________________________________
6.
Is the organization expressly or impliedly charged by statute, rule, regulation,
ordinance or charter amendment with serving the public interest?
Yes_________
A.
No_________
If you answered yes to the previous question, please identify source of
authority.
______________________________________________________
______________________________________________________
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THANK YOU FOR COMPLETING THE QUESTIONNAIRE
We recommend that you keep a copy of the completed questionnaire for your files in the
event the Internal Revenue Service determines at some future date to audit the compliance of
PERA affiliated public employers with the governmental plan requirements under Section 414(d)
of the Internal Revenue Code.
NEW MEXICO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
QUESTIONNAIRE FOR AFFILIATED PUBLIC EMPLOYERS
TO THE INDIVIDUAL COMPLETING THIS QUESTIONNAIRE:
I have responded to the questions contained in the questionnaire, consisting of twentyfour (24) pages, including this page, and have compiled and affixed appropriate materials
expanding on my answers, where appropriate. To the best of my knowledge and belief, the
answers given and the material attached to the questionnaire are true, accurate and complete.
Dated:_____________________
_______________________________________________
Signature of Individual Responsible for
Completing the Questionnaire
________________________________________________
Type or Print Name and Title of Individual Signing
________________________________________________
Type or Print Name of Organization Responding
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Attachment 20: Sample Letter to Congressional Delegation
February 16, 2005
US Senator Jeff Bingaman
703 Senate Hart Office Building
Washington, D.C. 20156
Dear Senator Jeff Bingaman:
On behalf of the newly certified North Central Regional Transit District Board (NCRTD), we wish to
convey our thanks to you for your support of Regional Transit Districts in New Mexico. Also, we would
like to thank you for your assistance in the past in obtaining Section 5309 Bus Allocation monies for rural
New Mexico and the Northern New Mexico Park and Ride. At this time the NCRTD is requesting a
Congressional Earmark to continue to fund the Northern New Mexico Park and Ride and its infrastructure
as well as bus and bus facilities in the amount of $1 million to be administered by the Federal Transit
Administration.
These funds will be used for the continuation of the Northern New Mexico Park and Ride program and
bus and bus facilities. These investments, in turn, have improved the mobility of millions of New
Mexicans and have helped to reduce traffic congestion and improve air quality in the areas they serve
which have fostered the development of viable, safer, and more livable communities.
Senator, any assistance you are able to provide for New Mexico’s growing regional transit projects will
be greatly appreciated. If you have any questions or would like further information, please feel free to
contact me at (505) 690-5508 or through the Regional Development Corporation at (505) 820-1226.
Thank you for your consideration in this important matter.
Sincerely,
James Rivera, Pueblo of Pojoaque
Board Chairman, NCRTD
cc: Dan Alpert, Washington, DC
Pablo Sedillo, Santa Fe, NM
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Attachment 21: Letter to NMDOT
December 9, 2004
New Mexico Department of Transportation
Muffet Foy Cuddy, Planning Director
PO BOX 1149
Santa Fe, NM 87504-1149
Re: Service Plan Development
The North Central Regional Transit District would like to thank you and your staff for assisting
the NCRTD in establishing New Mexico’s first Regional Transit District – the North Central
Regional Transit District. Now that NCRTD Board has been constituted and is operating as a
legal entity, we respectfully submit our request for Federal Transit Administration Section 5313
planning funds.
As you may recall the original Regional Transit District Senate Bill included:
Section 20. APPROPRIATION.--One million nine hundred thousand dollars ($1,900,000) is
appropriated from the general fund to the state highway and transportation department to be
used as matching funds for the costs of forming a regional transit district and the costs of
developing a transportation service plan by a regional transit district in fiscal years 2004 and
2005.
As you are aware, the $1,900,000 did not get appropriated by the Legislature from the general
fund to be transferred to the DOT for the cost of developing transportation service plans by
regional transit districts. This is why we request at this time the use and approval of Section
5313 funds in the amount of $200,000 to develop a service plan for NCRTD.
FTA 5313 funds - Eligible Purposes: Statewide planning and other technical assistance activities,
planning support for non-urbanized areas, research, development, and demonstration projects.
Please contact DeAnza Valencia or myself on the timeline of the approval of these funds.
Respectfully,
James Rivera, Chairman NCRTD
cc: Pat Oliver-Wright, DOT Planning
Donald Martinez, PTPB
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Attachment 22: Policies and Procedures Manuel
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North Central Regional Transit District
Policies and Procedures Manual
Table of Contents
Page
SECTION 1. EMPLOYMENT ..................................................................................................................... 1/179
A. Eligibility ......................................................................................................................................... 1
B. Employment Categories................................................................................................................... 1
C. Conditions of Employment .............................................................................................................. 1
D. Affirmative Action Program: Equal Employment Policy ........................................................ 5/183
SECTION 2. COMPENSATION .................................................................................................................. 6/184
A. Salary ............................................................................................................................................... 6
B. Job Descriptions............................................................................................................................... 6
C. Salary Increase ................................................................................................................................. 6
D. Salary Payment ................................................................................................................................ 6
E. Attendance for Work........................................................................................................................ 6
F. Probationary Period .................................................................................................................. 7/185
SECTION 3. HOLIDAYS AND LEAVE ............................................................................................................... 7
A. Holidays ........................................................................................................................................... 7
B. Annual Leave ............................................................................................................................ 8/186
C. Personal Leave .......................................................................................................................... 9/187
D. Jury Duty.......................................................................................................................................... 9
E. Maternity/Paternity Leave ...................................................................................................... 10/188
F. Military Leave................................................................................................................................ 10
G. Physical Disability and Personal Leave ......................................................................................... 10
H. Inclement Weather .................................................................................................................. 11/189
I. Voting............................................................................................................................................. 11
SECTION 4. BENEFITS ................................................................................................................................. 11
A. Health and Dental Insurance .......................................................................................................... 11
B. Social Security ............................................................................................................................... 11
C. Life, Accidental Death, and Dismemberment Insurance ............................................................... 11
D. Workers’ Compensation ................................................................................................................. 11
E. Retirement...................................................................................................................................... 11
F. Unemployment Insurance ....................................................................................................... 12/190
G. Deferred Compensation Plan ......................................................................................................... 12
H. Disability Protection ...................................................................................................................... 12
I. Total and Permanent Disability Protection .................................................................................... 12
J. Other Benefits ................................................................................................................................ 12
SECTION 5. EMPLOYEE RELATIONS: GRIEVANCE PROCEDURE .................................................................. 12
SECTION 6. PERSONNEL RECORDS RETENTION AND INFORMATION........................................................... 12
SECTION 7. POLITICAL ACTIVITY ........................................................................................................ 13/191
SECTION 8. CONFLICT OF INTEREST ........................................................................................................... 13
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Table of Contents (continued)
Page
SECTION 9. USE OF DRUGS IN THE WORKPLACE ................................................................................. 14/192
A.
B.
C.
D.
E.
Drug Free Policy ............................................................................................................................ 14
Drug Free Awareness Program ............................................................................................... 15/193
Sample Statement for Employee Acknowledgement of Drug Free Workplace Act....................... 15
Sample Notice of Dismissal for Violation of Drug Free Workplace Act ....................................... 15
Sample Notification Form for Federal Agencies – Use of Drugs in the Workplace ............... 16/194
SECTION 10. INDEPENDENT CONSULTING .................................................................................................. 16
SECTION 11. TRAVEL .................................................................................................................................. 16
A. Travel and Subsistence Expenses................................................................................................... 16
B. Trip Authorization................................................................................................................... 17/195
C. Air Transportation.......................................................................................................................... 17
D. Reimbursement for Use of Privately Owned Vehicles................................................................... 17
E. Maintenance of Travel Records .............................................................................................. 18/196
EXHIBIT A: CONFIDENTIALITY, ETHICS POLICIES, NON-DISCLOSURE, CONFLICT OF INTEREST,
MEDIA POLICY, AND INDEMNIFICATION AGREEMENT ....................................................... 19/197
EXHIBIT B: POLICY OF SEXUAL HARASSMENT ................................................................................... 23/201
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North Central Regional Transit District
Policies and Procedures Manual
These policies and procedures are general in nature and not meant to be all inclusive.
Additionally, these policies and procedures do not constitute an implied or expressed
employment contract.
Section 1. Employment
A. Eligibility
Employment shall be offered to persons with the highest qualifications available without regard
to race, religion, creed, sex, handicap, or national origin. An adopted equal opportunity
employment policy is on file in the offices of the North Central Regional Transit District
(NCRTD).
B. Employment Categories
1. Regular Employees
Individuals employed by the NCRTD on a regular basis are considered regular employees
after the successful completion of an initial probationary period of six (6) months. Such
employees may be eligible for all fringe benefits offered by the NCRTD at the time of
employment.
2. Limited Term Employees
Individuals employed by the NCRTD for a specified amount of time, longer than 6
months, are considered limited term whether it be on a full-time or part-time schedule.
This includes hourly, weekly, or monthly employees. Employees in this category are not
eligible to receive pay for the holidays observed by the NCRTD, and will not be eligible
for any fringe benefits received by regular employees. Limited term employees are,
however, covered by benefits required by law, i.e., workmen's compensation,
unemployment insurance, and FICA. In the event a limited term employee becomes
employed on a permanent basis, the length of time the person was employed in limited
term status will be retroactive and credited to the individual's eligibility for vacation
leave, personal leave, etc., if there is no break in service from the time of limited
employment to the time of regular employment. The credit for length of time will be prorated based on the hours actually worked.
3. Temporary Employees
Individuals employed to perform one particular job, length of which may vary from one
week to six months. Temporary employees are not eligible for holiday pay or any fringe
benefits, other than those benefits required by law.
C. Conditions of Employment
New Mexico is an Employment At-Will State and employees can be discharged at the
Executive Director and Board’s will without cause.
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1. Responsibility
The Executive Director is employed by the North Central Regional Transit District, and is
formally responsible to it through its Board of Directors. The Executive Director shall
serve at the pleasure of the NCRTD Board of Directors and, as such, may be terminated
with or without cause by the NCRTD upon thirty (30) days written notice unless
circumstances in the Board’s sole discretion warrant immediate termination of
employment. All other staff personnel shall be employed by and report to the Executive
Director.
2. Promotions
An employee may be eligible for a promotion upon completion of his/her probationary
period and based upon their skills and qualifications. Promotions shall be limited to
regular employees. Immediate supervisors should first consider current employees
possessing the necessary skills and qualifications to fill vacancies.
3. Transfers
An immediate supervisor or employee may request a transfer from one position to
another provided a position exists. The purpose of a transfer should be to provide for
occupational enrichment to the employee and/or to enhance the efficiency of NCRTD
operations. However, to be eligible for a voluntary transfer, the following shall exist:
a)
b)
c)
d)
employees must meet the requirements of the new position.
must have held their current position for at least six months.
must have a satisfactory performance record.
must have no adverse disciplinary actions during this same time period.
4. Resignation
Any employee in good standing wishing to resign shall furnish notice of his/her intention
to resign at least two weeks in advance of the effective date of resignation. Prior to
departure, a professional employee is to present to the Executive Director or in the case
of the Executive Director to the Executive Committee in writing the status of all pending
projects which have been assigned during his/her tenure.
5. Discharge
The Executive Director may dismiss a regular employee with either two weeks (14 days)
advance notice in writing of the date of their dismissal or without notice. During the
initial probationary period, an employee may be dismissed at any time with or without
notice.
6. Reduction in Force
An employee may be separated for, including but not limited to, the following reasons:
termination of work program, lack of funds, or changes in organizational structure.
Employees affected by such reduction in force shall receive not less than four weeks
written notice of termination of employment. Such termination will be without adverse
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effect on the employee's eligibility for further employment by the NCRTD or other
organizations.
If it becomes necessary to reduce the number of personnel in any department, the
selection of employees to be retained shall be based on the efficiency and effectiveness in
performing their jobs and on the skills needed by the department in maintaining essential
operations and service. Employees of equal ability, skills and job performance will be
retained according to seniority (number of years continuous service in permanent
employment status). The Executive Director shall prepare a plan for the reduction of
personnel and maintenance of basic operations.
Employees who are released due to a reduction in force will be given first consideration
for openings at the NCRTD for which they might qualify (these may be jobs in a lower
salary range). After release, the employee shall retain a status in and right to, the position
for a period of ninety days from the date of separation. In the event that the abolished
positions are reinstated during this time period, offers of re-employment shall be made to
released employees based on previous job performance and seniority. A refusal of any
offer by the former employee after reasonable notice by the NCRTD nullifies his right to
any further consideration for a position with the NCRTD, pursuant to this policy.
7. Employee Evaluation
Each employee will receive a written and verbal performance evaluation based on a
performance development plan incorporating the job description and other agreed upon
assignments thereby providing objective criteria for performance evaluations three
months after initial employment and annually thereafter including a compensation
review, during the month following each employee’s anniversary date. The evaluations
shall be used to guide the employee toward a more professional discharge of his
responsibilities and will also be used as a basis for salary recommendations and/or
discharge. The evaluation will be discussed in detail with the employee and will become
a part of the permanent personnel file. Each evaluation will be performed by the
Executive Director, with the exception of the Executive Director’s review, which will be
performed by the NCRTD Executive Committee for recommendations to and acceptance
by the Board.
8. Disciplinary Action and Redress
The employee’s immediate supervisor shall be responsible for administering disciplinary
action through a prescribed disciplinary action form. Disciplinary action may be
appropriate whenever an employee is not adequately
performing their job duties or
has violated the terms of employment. The immediate supervisor may administer
disciplinary action or choose to counsel the employee.
a. Grounds for Disciplinary Action
The following conduct is prohibited at the work place and will subject the individual
involved to disciplinary action, up to and including immediate termination:
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(1) Reporting to work under the influence and/or possession of alcoholic beverages
and/or illegal drugs and narcotics or the use, sale, dispensing of, or possession of
alcoholic beverages and/or illegal drugs and narcotics on site;
(2) Threatening of intimidating management, supervisors, or fellow workers;
(3) Insubordination or the refusal by an employee to follow a NCRTD directive,
concerning a job-related matter;
(4) Falsifying or altering any NCRTD records or reports, such as an application for
employment, medical report, time sheet, expense voucher, etc.;
(5) Engaging in any form of sexual harassment;
(6) Fighting or assault on a fellow employee or client;
(7) Theft, destruction, or misuse of NCRTD property;
(8) Improper disclosure of confidential information;
(9) The unauthorized possession of firearms or other weapons on premises;
(10) The use of profanity or abusive language;
(11) Smoking in prohibited areas;
(12) Failure to wear assigned personal safety protective equipment or failure
abide by safety rules and policies;
to
(13) Improper attire or inappropriate personal appearance;
(14) Operating a NCRTD vehicle while under the influence of alcohol or illegal drugs;
(15) Any violation of NCRTD policies and procedures.
9. Personal Appearance
Employees of the NCRTD shall always be neat and appropriately dressed, and well
groomed, while representing the NCRTD, whether it be in the office or away from the
office. The Executive Director shall resolve any questions relative to dress and
grooming. Continuing excess in dress or grooming shall be reflected in the employee
evaluation and may be grounds for disciplinary action.
10. Proof of Driver’s License and Insurance
As a condition of employment, employees that drive for NCRTD business-related
purposes, are required to show proof of current New Mexico Driver’s License and motor
vehicle insurance. Further, employees are required to notify their supervisor if their
driving status changes.
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11. Confidentiality, Non-Disclosure, Conflict of Interest and Other Compensation
As a condition of employment by the NCRTD, the employee will be required to sign a
Confidentiality, Non-Disclosure, Conflict of Interest and Other Compensation statement
upon being hired by the NCRTD. This statement is attached as Exhibit A. The NCRTD
must treat in strict confidence all information relating to affairs of its members, staff
members, and prospects. Board members must make every reasonable effort to insure
that all confidential information is protected.
D. Affirmative Action Program: Equal Employment Policy
It is the policy of the NCRTD to recruit, hire, and promote employees without discrimination
because of race, religion, color, political affiliation, national origin, sex, age, or handicap.
This policy applies to all levels and phases of personnel administration such as recruitment or
recruitment advertising, testing, hiring, training, promotion, transfer, leave policy, rates of
pay, and selection for supervisory positions. All officials and employees of the NCRTD will
be informed of this policy statement.
1. Equal Employment Opportunity Coordinator
The Executive Director shall serve as the Equal Employment Opportunity Coordinator
for the North Central Regional Transit District.
2. Recruiting Policies
All employment advertisements shall state the NCRTD is an “Equal Opportunity
Employer.”
3. Assuring Non-discriminatory Hiring
According to the operating policies of the NCRTD, staff personnel shall be employed by
and report to the Executive Director. The Executive Director is familiar with the Equal
Employment Opportunity Policy of the NCRTD and shall instruct personnel interviewing
prospective employees not to discriminate because of race, color, religion, age, sex,
national origin, or handicap in recommending employees.
4. Assuring Non-discriminatory Placement and Promotion
The NCRTD's Equal Employment Opportunity Policy assures non-discrimination in
placement and promotion. The Executive Director is responsible for the execution of the
NCRTD's policy.
5. Contractors and Grantees
a. Contractors and Grantees of the NCRTD shall comply with Title VI of the Civil
Rights Act of 1964. All contracts shall include the standard provisions on Equal
Employment Opportunity as set forth by law or regulation.
b. In special instances, the NCRTD work program calls for utilization of consultants.
Minority, female, small businesses and small disadvantaged firms from the NCRTD
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region with expertise in the subject area will be given an opportunity to be
interviewed and considered for the work when assistance of consultants is needed.
6. Implementation of the Affirmative Action Plan
The Executive Director shall prepare and submit reports as deemed necessary.
7. Sexual Harassment
The NCRTD’s policy on sexual harassment is attached as Exhibit B and is incorporated
herein as though set forth in detail.
Section 2. Compensation
A. Salary
Salaries of NCRTD employees will be based on standards set by the NCRTD Board of
Directors. Salary ranges will be pre-established by a committee appointed by the board
during the budget process.
B. Job Descriptions
The Executive Director shall use job descriptions and position qualifications to determine the
salary and position grade of an employee.
C. Salary Increase
An individual is eligible for salary increase consideration by the Executive Director based on
employee performance and merit. Employees will be evaluated as outlined in Section 1, Item
C.5, Employee Evaluation, by the Executive Director prior to any salary increase. Salary
increases are considered on an annual basis depending upon availability of funds as
determined by the Board of Directors.
D. Salary Payment
Pay checks will be issued every two weeks. Leave Reports are due on the second Wednesday
of the pay period. Checks will be issued on the second Friday of the pay period. Pay periods
are classified Saturday of the first week to Friday of the second week.
All employees are expected to submit Leave Reports as necessary and submit them to the
Executive Director, or the employee’s immediate supervisor, for signature. The Leave
Reports are to reflect any leave time taken or anticipated by the employee during the pay
period.
E. Attendance for Work
Office hours are from 8:00 a.m. until 5:00 p.m. Monday through Friday. Appropriate time is
allowed for lunch (time of which should not exceed one hour). The Executive Director may
authorize alternative work schedules provided that the core 8:00 a.m. to 5:00 p.m. Monday
through Friday service hours are covered.
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Due to the nature of the work of the NCRTD, it will be necessary from time to time for
employees to work more than the regular office hours. This is normal for this type of
professional work and is reflected in the salary structure of the NCRTD. Provision has been
made for compliance with the Fair Labor Standards Act as it relates to provisions for
compensatory time or for payment of overtime to non-exempt employees. Any hours worked
in excess of the regular work-week by non-exempt employees which are to be compensated
by overtime pay must be approved in advance, in writing, by the Executive Director.
F. Probationary Period
Each new employee, except the Executive Director, will be subject to a six (6) month
probationary period. If after six (6) months, the employee fails to meet the standards
governing his or her position, the Executive Director will determine whether the employee
would be better suited to a position of less responsibility (if one exists) or whether the
employee should be terminated. The Executive Director will take action on the matter.
During the probationary period, an employee may be dismissed without notice or cause. The
employee may leave with proper notice (10 working days) in “good standing” and would
make him/her eligible for future employment with NCRTD. During the initial probationary
period, the employee is eligible for benefits. The employee accrues personal and annual
leave during this period but cannot use annual leave until they have been employed for six
months.
A subsequent probationary period of thirty days shall be served whenever a change occurs in
the classification of an employee (e.g. promotions or transfers). An employee of this status
shall retain the privilege of using all benefits and leave providing their initial probationary
period has been completed. Any additional probationary periods must be accompanied by an
Employee Action Notice.
Former employees who leave the organization in good standing may be considered for
employment. Former employees who quit without written notice or were dismissed for
disciplinary reasons may not be considered for employment for one year. Former employees
who are re- hired will be considered a new employee if the break in service is more than one
year. If the break in service is less than one year, the employee will retain their seniority.
Length of service for the purposes of benefits is governed by the terms of each benefit plan.
Section 3. Holidays and Leave
A. Holidays
The following federal holidays shall be observed as paid holidays:
January 1
January (third Monday)
February (third Monday)
May (last Monday)
July 4
September (first Monday)
November 11
New Years Day
Dr. Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
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November (fourth Thursday) Thanksgiving and Day After*
December 25
Christmas
Additional holidays:
Fiesta/celebratory day*
*These are floater holidays. Staff members may select the equivalent of one day, to observe
at the beginning of the calendar year.
In the event a holiday occurs on Saturday, Friday will be taken as the holiday. If the holiday
occurs on Sunday, Monday will be taken as the holiday. Total holidays consist of ten (10)
annually. Holidays which occur while an employee is on annual leave or personal leave will
not be charged as days of leave taken.
B. Annual Leave
1. During the first year of employment, annual leave will be accrued at the rate of 3.077 per
pay period worked (80 hours per year, based on the employee’s anniversary date).
However, employees are advanced these 80 hours of leave which may be taken at any
time, with approval of the Executive Director or the Chair of the NCRTD Board or their
designee in the case of the Executive Director. Should an employee resign or be
terminated for any reason before ending twelve months of employment and all annual
leave has been used, the employee’s final check will show a deduction for any leave used
in excess of 3.077 hours per pay period worked.
2. Beginning the first year of employment, annual leave will be accrued by full-time regular
employees at the rate of 3.077 hours per pay period (10 days per year) until the employee
has been with NCRTD for five (5) years.
3. Beginning the fifth year of employment, full-time regular employees will accrue annual
leave at the rate of 4.62 hours per pay period (15 days per year).
4. Beginning the tenth year of employment, full-time regular employees will accrue annual
leave at the rate of 6.15 hours per pay period worked (20 days per year).
5. Based on an employee’s anniversary date, employees may not accumulate and carry over
into the following year accrued and unused vacation.
6. Annual leave shall be taken for the actual number of hours absent from the office, and in
increments of not less than one hour.
7. The Executive Director or in the case of the Executive Director the Chair of the NCRTD
Board shall regulate annual leave in order that the absence of an employee will not be
detrimental to the work of the NCRTD. In no circumstances shall an entire department
be on annual leave at the same time. Annual leave must be requested and approved in
advance.
8. The Executive Director has the authority to grant advance leave in special circumstances.
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9. Upon termination of employment with the NCRTD, an employee will be paid for any
annual leave which has been accrued but not taken. In the event an employee terminates
employment and has used more annual leave than has been accrued, that amount will be
deducted from the employee’s final check.
10. Annual leave forms must be submitted to the Executive Director, or the employee’s
immediate supervisor, and in the case of the Executive Director, to the Chair of the
NCRTD Board and recorded on the employee’s time sheet for the period during which
leave was taken.
C. Personal Leave
1. Personal leave shall be accrued at the rate of 3.077 hours per pay period 80 hours per year
to a maximum of seven-hundred twenty (720) hours.
2. Personal leave may only be taken in the event of illness of the employee, or the
employee's immediate family (spouse, children, parent). A doctor's excuse may be
required. Personal leave may also be taken in circumstances of death in the employee's
family (spouse, children, parent, brother, sister, father-in-law, mother-in-law, brother-inlaw, sister-in-law, grandparent, or a relative living in the employee's home).
3. The Executive Director may grant advance personal leave to a maximum of 80 hours (the
equivalent of ten days) per year. Advance leave in excess of ten (10) days must be
granted by the Executive Committee of the NCRTD. This advance in personal leave is
only in the case of a serious or extended illness, and may only be granted after all
personal and annual leave has been used.
4. In the event an employee terminates employment and has used more personal leave than
has been accrued, then personal leave over the accrued amount will be deducted from the
employee's final check.
5. Upon termination of employment with the NCRTD, an employee shall not be paid for
personal leave that has been accrued, but not used.
6. Personal leave shall be taken for the actual number of hours absent from the office, and in
increments of not less than one hour. All personal leave must be accounted for by
reporting to the Executive Director upon returning to work. The Executive Director or
their designee must approve all personal leave. The Chair of the NCRTD Board must
approve all personal leave for the Executive Director.
7. Personal leave must be reported to the Executive Director, or the employee’s immediate
supervisor, by 9:00 a.m. the day the employee takes personal leave. Failure to report by
9:00 a.m. will result in the employee’s leave being unapproved by the Executive Director.
D. Jury Duty
Regular employees shall be granted leave with pay for jury duty for up to five days per
calendar year and such time shall not be counted against an employee's annual leave. Any
jury duty beyond five days per calendar year will be the responsibility of the employee and
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such leave will be taken without pay. Any jury duty stipend received during the five day
period will be remitted to the NCRTD.
E. Maternity/Paternity Leave
NCRTD will comply with the Family and Medical Leave Act.
F. Military Leave
Regular NCRTD employees are entitled to military leave and reinstatement upon return
(including Reserve and National Guard duty) as may be provided by applicable state and
federal law. The provisions of such laws change from time to time and for that reason no
effort is made to set forth the law in this policy.
G. Physical Disability and Personal Leave
1. An employee who has completed his initial probation (and any extension thereof) is
entitled to a leave of absence for up to six months when unable to work because of
sickness, pregnancy, or injury on or off the job. Such an employee may also apply for
leave of absence for personal reasons. Personal leave is granted only at the discretion of
the Executive Director or, in the case of the Executive Director, by the Chair of the
NCRTD Board or his/her designee. Employees still in their probation periods who are
absent for more than five consecutive scheduled workdays because of any physical
disability will be evaluated for continued employment.
2. Employees are requested to apply for leaves of absence as far in advance of need as is
possible, but an employee may be placed on leave status without application when the
circumstances warrant such action.
3. Physical disability leave will begin when the employee exhausts employer-administered
paid time off, except that in the case of leave caused by on-the-job injury, the leave will
begin on the day the employee's employer-administered paid time off would have been
exhausted if the employee had begun using such paid time off on the first full day of
absence caused by the injury.
4. As a general rule, an employee on leave of absence is not entitled to wages or fringe
benefits and does not accrue fringe benefits. The cost of health insurance premiums
(including that amount normally paid by the NCRTD) shall become the responsibility of
the employee if the employee desires to keep the policy in force.
5. Employees desiring to return to work from an unpaid leave of absence should notify the
Executive Director in writing at least ten (10) days prior to their desired date of return. If
the NCRTD finds that the employee is fit to resume his duties, the employee shall be
recalled to his former job if a vacancy exists which is to be filled. If no such vacancy
exists, the employee shall be recalled to any job in which there is a vacancy that is to be
filled and for which he is qualified. If no such vacancy exists at the time the employee
desires to return to work, the employee's leave of absence shall be continued. Any
employee who has not been reinstated within six (6) months following the
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commencement of a leave of absence shall be terminated. This action shall not affect the
employee's eligibility to be considered for hire as a new employee at some future time.
H. Inclement Weather
It is recognized that from time to time, inclement weather will prohibit the observance of
normal office hours.
Once the threat of inclement weather is over, the Executive Director will make the decision
to reopen the office. Staff members will be called by the Executive Director and asked to
report to work. If an employee has a problem getting to the office once notified to report (ice
in driveway, etc.), this should be discussed with the Executive Director.
Should it become apparent during the time the office is open that weather conditions are
developing to the point that the safety of staff members or their families is questionable, a
decision will be made by the Executive Director to close the office. Time remaining in that
workday will not be charged to annual leave.
I. Voting
The NCRTD encourages its employees to vote on Election Day. If an employee does not
have sufficient time to vote outside working hours, the employee may take not more than two
(2) hours to vote near the beginning or the end of the work day, without loss of pay.
Section 4. Benefits
A. Health and Dental Insurance
The NCRTD shall provide health and dental insurance to employees only. All interested
employees shall be covered. The employee’s share of any family insurance shall be deducted
from the employee’s pay.
B. Social Security
The NCRTD shall participate in the Social Security system. All eligible employees shall be
covered. The employee's share of the social security taxes shall be deducted from the
employee's pay.
C. Life, Accidental Death, and Dismemberment Insurance
To be determined by the Board.
D. Workers' Compensation
All employees of the NCRTD shall be covered a Workers’ Compensation Program, the total
cost being paid by the NCRTD.
E. Retirement
The NCRTD shall participate in PERA (Public Employees’ Retirement Association). To be
determined by the Board.
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F. Unemployment Insurance
The NCRTD shall participate in the Federal and State Unemployment Insurance programs on
behalf of all eligible employees.
G. Deferred Compensation Plan
To be determined by the Board.
H. Disability Protection
To be determined by the Board.
I. Total and Permanent Disability Protection
To be determined by the Board.
J. Other Benefits
From time to time, the NCRTD may provide other employee benefits as appropriate which
meet employee needs and meet reasonable budget considerations or are required by law.
Section 5. Employee Relations: Grievance Procedure
It is the policy of the NCRTD to honor the rights and privileges of all employees and to give
careful consideration and attention to complaints of any nature.
A. If an employee is dissatisfied with any action affecting status or conditions of employment,
such grievances shall initially be taken to the Executive Director with a view toward settling
the matter satisfactorily.
Section 6. Personnel Records Retention and Information
In recognition of every employee's inherent right to privacy, the NCRTD adopts the following
principles pertaining to the retention of personnel information.
A. Employees may have access to any information about themselves in the personnel file, with
the exception of references on that employee from sources outside of the NCRTD. Requests
for access to a personnel file should be made to the Executive Director.
B. Upon presentation of appropriate documentation to substantiate an employee's claim, a
personnel record may be corrected or amended if determined inaccurate by the Executive
Director.
C. No information in the personnel file shall be disclosed or used for other than authorized
purposes without the employee's consent.
D. Requests for specific salary information on any employee must be made in writing to the
Executive Director.
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E. Those persons in charge of personnel records will take every reasonable precaution to insure
the reliability and correct usage of the data.
Section 7. Political Activity
Employees are expressly restricted from participation in any of the following activities:
A. Use of official authority or influence for the purpose of interfering with an election or
nomination for office, or affecting the result thereof.
B. Directly or indirectly coercing, attempting to coerce, instructing, or advising any other
employee to pay, lend, or contribute any part of his compensation or anything else of value to
any party, organization, agency, or person for political purposes.
C. No active participation in political management or in political campaigns on NCRTD
premises.
D. Holding office in a political club or party cannot interfere with NCRTD responsibilities.
E. No circulating nominating petitions on NCRTD premises.
F. May not use NCRTD affiliation in pursuit of personal political activities.
G. Campaign activities may not be held on NCRTD premises.
H. Participation in such activities shall be brought to the attention of the Executive Committee
for such action as may be deemed appropriate.
Section 8. Conflict of Interest
A. Employees and NCRTD Board Members should be constantly aware of a possible "conflict
of interest" when becoming involved in public/community activities which may relate to the
NCRTD participation in the same area. The Executive Director should be advised by any
member of the staff who has been offered or is considering membership on a public or
private committee, office, or association with any organization or activity which may lead to
a conflict between such association and their position on the NCRTD staff and the NCRTD
Board of Directors in the case of a Board Member.
B. The NCRTD has established a policy that requires an employee or member of the Board to
disclose any situation which may involve a conflict between the employee’s or board
member’s personal interests and the interests of the NCRTD. It is impossible to list every
circumstance giving rise to potential conflicts of interest so the employee or member of the
board should exercise good judgment at all times. The following are examples of
transactions which may cause conflicts of interest:
1. Use or commitment of NCRTD resources or funds to benefit the employee, board
member, a friend, or another organization that is not otherwise fully entitled to that
benefit.
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2. Acceptance of gifts, money, or favors from people or organizations who are receiving
benefits or services from the NCRTD.
C. If the employee is uncertain whether a personal situation is a conflict of interest, the
employee should immediately discuss the situation with the Executive Director or in the case
of the Executive Director or board member it should be discussed with the Executive
Committee.
D. The Executive Director and/or the Executive Committee will make a decision in any case
involving a possible “conflict of interest.” If a “conflict” exists, the employee concerned will
be charged to eliminate the conflict by taking whatever action is necessary and appropriate.
Section 9. Use of Drugs In The Workplace
A. Drug Free Policy
The North Central Regional Transit District has adopted the following drug-free policy:
1. The illegal manufacture, distribution, dispensation, possession, or use of any controlled
substances is strictly prohibited on all NCRTD premises, including any site for the
performance of work done in connection with any federal grant (hereafter “the
workplace”).
2. “Controlled substance” means any controlled substance listed in Schedules I through V of
Section 202 of the Federal Controlled Substances Act, Title 21, United States Code,
Section 812.
3. Violation of this policy by any employee of the NCRTD will result in his/her immediate
discipline up to and including discharge.
4. Each employee is herewith given a copy of this policy and required to sign an appropriate
form provided by the NCRTD acknowledging its receipt. By continuing to work, the
employee agrees that he/she will abide by the policy as a condition of employment.
Failure to sign the form or abide by the policy will result in discipline up to and including
discharge.
5. As a condition of employment, employees agree to notify the Executive Director within
five calendar days after any criminal conviction for the manufacture, distribution,
dispensation, possession, or use of any controlled substance at the workplace. Criminal
conviction means a finding of guilt, including a plea of no contest or imposition of a
sentence, or both, by any judicial body charged with the responsibility to determine
violations of Federal or State criminal drug statutes.
6. The Executive Director will notify all federal contracting agencies or grantors of such
conviction within ten day after receiving notice of the conviction.
7. Law enforcement authorities will be notified whenever illegal drugs are found in the
workplace.
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B. Drug Free Awareness Program
1. Drug abuse is dangerous because it leads to physical impairment, loss of judgment, safety
violations, and the risk of injury or possible death. In order to prevent these
consequences of drug abuse, the NCRTD has implemented the above policy to ensure
that the workplace and employees remain drug free.
2. There are local organizations that have drug counseling, rehabilitation, and/or employee
assistance programs.
3. Violations of any provision(s) of this policy will result in immediate and appropriate
disciplinary action against the employee, up to and including discharge.
4. In considering what disciplinary action is appropriate for a drug-related conviction
arising in the workplace, the NCRTD may, in the sole discretion of the Executive
Director, consider the employee's agreement to enroll and complete an NCRTD approved
counseling rehabilitation program as a factor in determining the severity of the
disciplinary action that would otherwise be appropriate. When an employee agrees to
undergo counseling or rehabilitation, it shall be at the employee's expense, and any
absences necessitated thereby will be handled in accordance with then-existing agency
policy regarding sick leave and/or unpaid leave of absence.
5. When an employee agrees to counseling or rehabilitation, he/she cannot be reinstated to
full employment until he/she achieves a negative test for controlled substances, as
determined by a laboratory approved by the NCRTD. If an employee is unsuccessful in
achieving rehabilitation, termination will follow. In order to ensure that the workplace
and employees remain drug free, the NCRTD reserves the right to test employees for
drug use.
C. Sample Statement for Employee Acknowledgment of Drug Free Workplace Act
I have received a copy of a statement that the unlawful manufacture, use, distribution, or
possession of drugs or other controlled substances is absolutely prohibited on NCRTD
premises, and agree to abide by the terms of this statement. I further understand and agree
that I must notify the Executive Director if I am convicted in a criminal court of violating any
drug laws. This notification must be given no more than five (5) days after the conviction. I
agree that my compliance with these terms of my employment is required as long as I work
for the North Central Regional Transit District. My failure to comply will result in discipline
up to and including discharge.
_________________________________________________________
Date
Employee Signature
D. Sample Notice of Dismissal For Violation of Drug Free Workplace Act
You have been convicted of violating drug abuse laws while an employee of the North
Central Regional Transit District. Your use of drugs violates the NCRTD drug free
workplace policy. You received a copy of this policy and were obliged to comply with it.
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Under the policy, your conviction warrants your immediate dismissal or entry into a drug
abuse rehabilitation program. You are hereby (discharged) (required to complete a
rehabilitation program).
__________________________________________________________
Date
Employee Signature
E. Sample Notification Form for Federal Agencies – Use of Drugs in the Workplace
The North Central Regional Transit District is a federal grant recipient. Pursuant to the
Drug-Free Workplace Act, Pub. L. 100-690, Title V, Subtitle D, Section (5153(a)(1)(E), The
NCRTD is notifying all federal granting agencies, including yours, that its employee,
___________________, was convicted of the unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance in the workplace. The NCRTD
learned of this conviction less than ten days ago.
________________________________________________________
Date
Authorized Signature
Section 10. Independent Consulting
A. In order to avoid any actual or perceived conflicts of interest, independent consulting
activities related in subject or client to the duties of the Employee shall not be performed by
Employee. In the event an Employee is asked to participate in an activity related to the
duties of the Employee for which an honorarium is offered, such honorarium shall be donated
directly to the NCRTD.
B. Employee is to advise the NCRTD Board of Directors and receive written consent from the
NCRTD Board before Employee engages in any consulting activities on Employee’s own
time. Employee is responsible for disclosing any potential conflict of interest in advance
related to independent consulting to the Executive Director and the NCRTD Board of
Directors and in the case of the Executive Director to the NCRTD Board of Directors.
Section 11. Travel
A. Travel and Subsistence Expenses
1. Employees shall be reimbursed for expenses incurred while on authorized trips or while
involved in authorized business of the NCRTD at rates set forth by the NCRTD for such
travel. No reimbursement for meals within the state will be made unless 1) an overnight
stay is required or 2) the meal cost is for participation in a conference or meeting, usually
a set cost determined by the host entity.
2. Employees traveling on business funded by federal grants will be reimbursed per Federal
travel reimbursement guidelines. NCRTD reimbursement policies allow up to $40 per
day for meals, plus actual business-related travel expenses. If current Federal travel
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reimbursement guidelines change, then the NCRTD reimbursement will follow those
guidelines.
3. Actual Expenses. Employees may be reimbursed for actual lodging expense incurred,
including tips to hotel porters, bellhops, doormen, and housekeeping personnel. Lodging
reimbursement is limited to the establishment's lowest available rate for normal single
occupancy on the day(s) the lodging expense was incurred. The original receipt must be
submitted with the employee's travel claim for reimbursement. Employees are not
required to share lodging accommodations with other employees when traveling.
4. Miscellaneous Expenses. Employees may be reimbursed for miscellaneous expenses
incurred during travel provided such expenses are for the discharge of official business
including: purchase of supplies; postage expenses, registration fees; fax and typing
services, and related out-of-pocket expenses.
5. Receipts. Receipts are not required for reimbursement on the following: 1) unattended
parking meters 2) unattended toll booths, and 3) local telephone call from pay phones.
6. Lost Receipts. Under circumstances where the loss of receipts would create a hardship,
an affidavit from the officer or employee attesting to the expenses may be substituted for
actual receipts. The affidavit must accompany the expense report.
7. Employees should submit all claims for expense reimbursement on the designated forms
and should submit for reimbursement on at least a monthly basis. All travel
reimbursement claims will be processed in a timely manner.
8. Should members of the Board travel on behalf of the NCRTD, this Section shall apply.
B. Trip Authorization
Authorizations shall not be required for routine trips when such trips are necessary for the
performance of normal functions of the NCRTD and provided that such in- and out-of-state
travel costs are included within the Board approved budget.
C. Air Transportation
In all cases, air accommodations are to be made at tourist class fare.
D. Reimbursement for Use of Privately Owned Vehicles
1. Employees shall be reimbursed for use of private vehicles necessary to carry out official
duties of the NCRTD. Reimbursement shall be paid on a regular basis and must be
supported by detailed mileage records.
2. An employee will be reimbursed for use of a personal vehicle at the mileage
reimbursement rate allowed by the IRS.
3. The NCRTD will not assume responsibility for traffic violations occurring during the use
of privately owned vehicles on NCRTD business.
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4. The NCRTD board will not be reimbursed for travel in the three county area relating to
NCRTD meetings.
E. Maintenance of Travel Records
1. Employees and board members must submit detailed records for reimbursement of meals
and other travel expenses. These must include receipts supporting every item on the
voucher, or an explanation of the expense, and must be signed by the Executive Director,
or the employee’s immediate supervisor, and maintained in the NCRTD files.
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Exhibit A
Confidentiality, Ethics Policies, Non-Disclosure, Conflict of Interest,
Media Policy, and Indemnification Agreement
A. Definitions
1. NCRTD means the North Central Regional Transit District.
2. Employee means individuals employed either by salary or contract by the NCRTD.
3. Board means individuals elected to serve as Directors of the NCRTD.
4. Confidentiality or Proprietary Information means information disclosed to me or
known by me as a consequence of or through my employment or tenure by the NCRTD
including information conceived, originated, discovered, or developed by me, not
generally known about the NCRTD.
B. Confidentiality
Position of Trust. Employee or Board Member acknowledges that the NCRTD is placing
them in a position of trust and confidence to aid the NCRTD in performing some or all of the
work to be performed in accordance with the job descriptions for the specific positions held.
C. Confidential or Proprietary Information
1. Employee or Board Member shall not during the term of this Agreement, and for three (3)
years thereafter, communicate, distribute, or disclose Confidential or Proprietary
Information, which comes into the their possession or knowledge in connection with the
performance of his/her duties., thereof, which written or verbal information is
confidential or proprietary and the unauthorized use or disclosure of such information by
Employee or Board Member may be damaging to the NCRTD, its Director’s, NCRTD or
the owner of such Confidential or Proprietary Information.
2. The Directors and Executive Director of the NCRTD shall identify information which
they consider confidential and proprietary. Any document received by the NCRTD from
another entity which is marked as confidential or proprietary information, shall be
considered as confidential or proprietary information.
3. For the purposes of this Agreement, Confidential or Proprietary Information shall not
include:
a. any information which, at the time of disclosure, is generally known to the public;
b. information which has been previously developed by the party receiving such
information independently of Employee or Board Member disclosing such
information;
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c. any information which is or becomes a matter of public knowledge through no fault
of Employee or Board Member;
d. any information not identified by the Directors of the NCRTD as being confidential
or proprietary.
4. Employee or Board Member understands that misappropriation of Confidential or
Proprietary Information may be a criminal offense under the laws of the State of New
Mexico.
D. Conflict of Interest
1. Employee or Board Member shall not enter into any professional, consulting, or business
relationship or transaction during the term of his/her employment that would create or
appear to be a conflict of interest or otherwise unreasonably compromise Employee’s or
Board Member’s ability to discharge his/her duties. Before undertaking any and all such
relationships or transactions, the relationship or transaction should be reported to the
NCRTD Board of Directors and their written approval must be given.
2. Employee warrants that he/she presently has no interest and shall not acquire any interest
that would conflict with the performance of his/her duties. In the event of any such
conflict arising, Employee shall bring the conflict to the attention of the NCRTD Board
of Directors immediately and appropriate action acceptable to the NCRTD shall be taken
to eliminate the conflict.
3. Board Member certifies that he/she presently has no interest and shall not acquire any
interest that would conflict with the performance of his/her duties.
E. Media Policy
To ensure the quality and consistency of agency information disseminated to media sources,
the following policy shall be enforced:
1. All media contacts are to be handled by the Chairman of the Board or his/her designee,
regardless of who the media representative is or whom he or she represents or how
innocuous the request.
2. All press releases and other promotional materials are to be approved by the Chairman or
his or her designee prior to dissemination. Failure to comply with NCRTD’s media
policy shall be grounds for disciplinary action.
F. General Ethics
As NCRTD professionals (staff and board members), we dedicate ourselves to carrying out
the mission of this organization. We will:
1. Recognize that the chief function of NCRTD at all times is to serve the best interests of
our constituency.
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2. Accept as a personal duty the responsibility to keep up to date on emerging issues and to
conduct ourselves with professional competence, fairness, impartiality, efficiency, and
effectiveness.
3. Respect the structure and responsibilities of the board of directors, provide them with
facts and advice as a basis for their making policy decisions, and uphold and implement
policies adopted by the board of directors.
4. Keep the community informed about issues affecting it.
5. Conduct our organizational and operational duties with positive leadership exemplified
by open communication, creativity, dedication, and compassion.
6. Exercise whatever discretionary authority we have under the law to carry out the mission
of the organization.
7. Serve with respect, concern, courtesy, and responsiveness in carrying out the
organization’s mission.
8. Demonstrate the highest standards of personal integrity, truthfulness, honesty, and
fortitude in all our activities in order to inspire confidence and trust in our activities.
9. Avoid any interest or activity that is in conflict with the conduct of our official duties.
10. Respect and protect privileged information to which we have access in the course of our
official duties.
11. Strive for personal professional excellence and encourage the professional developments
of others.
G. Compliance with NCRTD Policies and Procedures Manual
All policies and procedures set forth in the NCRTD Policies and Procedures Manual are to be
adhered to completely. Should it be necessary to bring to the attention of the Employee or
Board Member that policies and procedures have been disregarded, it will be grounds for
either dismissal of the Employee or, in the case of Board Members, their resignation from the
Board will be requested and voted upon by fellow Board Members. All notices to Employees
or Board Members for non-adherence will be in writing, signed by the Employee or Board
Member signifying notice of the infraction, and will become a part of the permanent
personnel file or board file. The notice shall remain on file for three (3) years.
H. Notice to Future Employers
Employee understands and agrees that the NCRTD specifically reserves the right, in its sole
discretion, to make known to entities the NCRTD deems appropriate the facts and
circumstances relating to any termination of Employee from employment by the NCRTD.
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I. NCRTD Information upon Termination
Upon termination of employment or tenure with the NCRTD, all documents, records,
notebooks and similar repositories of or containing Confidential or Proprietary Information,
including copies thereof, then in my possession, whether prepared by me or others, will be
left with or returned to the NCRTD.
J. Governing Law, Enforceability, Survival of Agreement
This Agreement shall be construed in accordance with and governed for all purposes by the
laws of the State of New Mexico. In case of any one or more of the provisions contained in
this Agreement, shall for any reason, be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provisions of
this Agreement, but this Agreement shall be construed as if such invalid, illegal or
unenforceable provisions had never been contained herein. If, moreover, any one or more of
the provisions contained in this Agreement shall for any reason be held to be excessively
broad as to time, duration, activity or subject, it shall be construed by limiting and reducing
it, so as to be enforceable to the extent compatible with the applicable law as it shall then
appear. This Agreement supersedes and replaces any existing Agreement, written or
otherwise, entered into by the NCRTD and me relating generally to the subject matter in this
Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
_______day of_______________, _______.
For NCRTD:
Name and Title of Officer
Board Member:
Employee:
Witness:
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Exhibit B
Policy on Sexual Harassment
The Board of Directors of the NCRTD forbids discrimination against any employee or applicant
for employment on the basis of sex. The Board of Directors will not allow sexual harassment
activity by any of its employees.
A. Definitions
1. Conduct of a Sexual Nature
Conduct of a sexual nature may include, but is not limited to, verbal or physical sexual
advances, including subtle pressure for sexual activity; touching, pinching, patting, or
brushing against; comments regarding physical or personality characteristics of a sexual
nature; sexually-oriented “kidding,” “teasing,” double entendres, and jokes, and any
harassing conduct to which an employee would not be subjected but for such employee’s
sex.
2. Unwelcome Conduct of a Sexual Nature
a. Verbal or physical conduct of a sexual nature may constitute sexual harassment when
the allegedly harassed employee has indicated, by his or her conduct, that it is
unwelcome.
b. An employee who has initially welcomed such contact by active participation must
give specific notice to the alleged harassed that such conduct is no longer welcome in
order for any such subsequent conduct to be deemed unwelcome.
B. Sexual Harassment Prohibited
1. For the purposes of this policy, unwelcome sexual advances or requests for sexual favors,
and other unwelcome conduct of a sexual nature constitute prohibited sexual harassment
if:
a. submission to the conduct is made either an explicit condition of employment;
b. submission to or rejection of the conduct is used as a basis for an employment
decision affecting the harassed employee; or
c. the conduct substantially interferes with an employee’s work performance, or creates
an intimidating, hostile, or offensive work environment.
2. Specific Prohibitions: Administrators and Supervisors
a. It is sexual harassment for an administrator or supervisor to use his or her authority to
solicit sexual favors or attention from subordinates when the subordinate’s failure to
submit will result in adverse treatment, or when the subordinate’s acquiescence will
result in preferential treatment.
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b. Administrators and supervisors who either engage in sexual harassment or tolerate
such conduct by other employees shall be subject to sanctions, as described below.
C. Reporting, Investigation, and Sanctions
1. It is the express policy of the Board of Directors to encourage victims of a sexual
harassment to come forward with such claims. This may be done through a personal
report to the Executive Director or by use of the Employee Grievance Procedures.
a. Employees who feel administrators or supervisors are conditioning promotions,
increases in wages, continuation of employment, or other terms or conditions of
employment upon agreement to unwelcome conduct of a sexual nature, are
encouraged to report these conditions to the appropriate administrator. If the
employee’s direct administrator or supervisor is the offending person, the report shall
be made to the next higher level of administration or supervision, or to the Board of
Directors.
b. Employees are also urged to report any unwelcome conduct of a sexual nature by
supervisors or fellow employees if such conduct interferes with the individual’s work
performance, or creates a hostile or offensive working environment.
c. Confidentiality will be maintained and no reprisals or retaliation will be allowed to
occur as a result of the good faith reporting of charges of sexual harassment.
2. In determining whether alleged conduct constitutes sexual harassment, the totality of the
circumstances, the nature of the conduct, and the context in which the alleged conduct
occurred will be investigated. The Executive Director has the responsibility of
investigating and resolving complaints of sexual harassment and for assuring that any
such conduct ceases.
3. Any employee found to have engaged in sexual harassment shall be subject to sanctions,
including, but not limited to, warning or reprimand, suspension, or termination, subject to
applicable procedural requirements.
We, the undersigned officers of the North Central Regional Transit District do hereby certify that
the foregoing Preliminary Policies and Procedures are those adopted by the Board and that we
have caused these Policies and Procedures to be executed this sixth day of May, 2005.
NCRTD Board Chair, James Rivera
NCRTD Board Vice-Chair, Jim West
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Attachment 23: Interview Schedule
Interview Schedule
NCRTD Executive Director
April 1, 2005
Approx interview time 45 minutes/ Three minutes per question
1. __________
Tell us about your background and professional qualifications which qualify you for the
position of NCRTD Executive Director.
2. __________
Tell us why you are interested in leaving your current position.
3. __________
Why would you like to be the Executive Director of the NCRTD and why should we hire you
for the position of Executive Director of the NCRTD
4. __________
What is your experience working with Tribal Governments and their Councils?
5. __________
A year from now, what will you have hoped to accomplish if hired as Executive
Director of the NCRTD?
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6. __________
What is your vision of what the NCRTD will become in five years?
7. __________
What is your experience in acquiring Federal and State funding for public transit?
8. __________
Given that the NCRTD region is very diverse, what strategies would you use to build
consensus within the NCRTD?
9. __________
What type of relationship do you anticipate developing with the NCRTD Board?
10. __________
How would you characterize your management style?
11. __________
Tell us about an accomplishment in your last position that you are most proud of.
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12. __________
Tell us about a project that did not go as planned and what you learned from that experience.
13. __________
Give us three adjectives to describe yourself.
Please explain why you have chosen these terms.
14. __________
Is there anything that you would like to disclose to the Board that could reflect negatively on
the NCRTD, should you to become the Executive Director?
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Attachment 24: Rejection Letter
April 11, 2005
Recipient Name
Address
City, State, Zip
Dear:
The Board of the New Mexico North Central Regional Transit District (NCRTD) would like to
thank you for your interest in the position of Executive Director of the North Central Regional
Transit District. We certainly appreciate your interest in New Mexico’s first Regional Transit
District.
While we were very impressed, we have identified another candidate whose background and
experience better meet the qualifications for this position. We will, however, keep your
application on file for future reference.
We wish you continued success in your future endeavors. Again, thank you for your interest in
the NCRTD
Sincerely,
James Rivera, Pueblo of Pojoaque
NCRTD Board Chairman
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Attachment 25: Executive Director Press Release
FOR IMMEDIATE RELEASE
Contact:
Josette Lucero (505) 310-1605
DeAnza Valencia (505) 820-1226
May 9, 2005
NORTH CENTRAL REGIONAL TRANSIT DISTRCIT NAMES
JOSETTE LUCERO AS EXECUTIVE DIRECTOR
SANTA FE, NM – New Mexico’s first Regional Transit District, the North Central Regional Transit District
(NCRTD) officially hired Josette Lucero of Santa Fe as its first Executive Director at its monthly Board Meeting on
Friday May 6, 2005.
“We are very pleased to have Josette Lucero as the lead staff on the NCRTD. Josette has extensive experience in
the field of public transportation in New Mexico. The NCRTD Board of Directors has worked with Josette
previously in her role at the NMDOT and we are thrilled that she has decided to lead the work of the Transit
District,” said James Rivera, NCRTD Board President.
On September 16, 2004, ten governmental entities from throughout Northern New Mexico made history by forming
New Mexico’s first Regional Transit District. The members of the newly created NCRTD include the County of
Santa Fe, City of Santa Fe, Rio Arriba County, City of Española, County of Los Alamos, the Pueblo of Pojoaque,
the Pueblo of San Juan, the Pueblo of San Ildefonso, the Pueblo of Tesuque, and the Pueblo of Santa Clara. The
Transportation Commission approved $250,000 in funding for the newly formed District.
Lucero previously served as the Multimodal Research Director and the Public Transportation Bureau Chief for the
New Mexico Department of Transportation. In 2001 she was the recipient of the New Mexico Passenger
Transportation Association’s Outstanding Performance in advancing New Mexico’s Public Transportation Programs
statewide and nationally. She has also received Southwest Transit’s Executive Director’s Award in 2003. Lucero
also holds a MA in Organization Management and BA in Business Management.
“This is an exciting time to be working in the field of regional transportation for Northern New Mexico. The work
of the NCRTD will benefit all people in Northern New Mexico through the exploration and provision of effective
public transportation,” said Lucero.
In 2003, Governor Bill Richardson signed legislation that enabled the creation of regional transit districts throughout
New Mexico. Regional Transit Districts allow two or more government entities to combine and seek resources to
provide public transportation for citizens in a regional area rather than individual jurisdictions. The NCRTD will
negotiate with its member communities to identify, coordinate, and modify existing and future public transportation
services in the region. The NCRTD is governed by a Board of Directors that will be made up of membership from
each of the governmental units that joined the District.
###
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Attachment 26
A Case Study in Regional Transportation Consensus Building
Between Local and Tribal Governments in New Mexico
By 1Judith M. Espinosa, 2DeAnza Valencia, 3Michael Jensen, and 4Mary E. White
1, 3, & 4
2
1, 2, 3, & 4
1
The Regional Development Corporation
801 University Blvd. SE, Suite 302, Albuquerque, NM 87106
(505) 246-6432, 2 (505) 246-6442, 3 (505) 246-6418, and 4 (505)246-6483
1, 2, 3, & 4
1
ATR Institute
Fax (505) 246-6001
jmespino@unm.edu, 2 deanza@rdcnm.org, 3 mjensen@unm.edu, and 4 wordsmith690@yahoo.com
Submitted to the Transportation Research Board
Committee ADD20 on Social and Economic Factors of Transportation
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A Case Study in Regional Transportation Consensus Building
Between Local and Tribal Governments in New Mexico
By 1Judith M. Espinosa, 2DeAnza Valencia, 3Michael Jensen, and 4Mary E. White
Abstract. Despite the area’s notable heterogeneity, the North Central Regional Transit District (NCRTD) is on track
to be the first regional transit district (RTD) certified in New Mexico. The NCRTD contains the state’s largest and
smallest Pueblos, the poorest and richest counties, and rural communities that are steeped in 500-year old Spanish
traditions juxtaposed against the nearby “New Age” cosmopolitanism of Santa Fe. The diverse geographical,
political, and economic landscape of the NCRTD can make it difficult to pursue new or ambitious projects across
such disparate jurisdictions. Organizational and jurisdictional barriers can create roadblocks to effective
collaboration. The New Mexico Department of Transportation Research Bureau provided funds to develop a case
study and model which could be followed by other potential RTDs in the State. The ATR Institute/University of
New Mexico was charged, as the organizing and research entity, with developing the RTD model and staffing the
effort. An Organizing Committee, representing public and private interests, was tasked with producing the
certification documents and supporting materials, presenting them clearly and effectively to governing bodies and
the public, and providing an example of cross-jurisdictional transit collaboration. Creation of the NCRTD required
public hearings in every jurisdiction. One-on-one “study sessions” raised public awareness in every jurisdiction and
fueled the process for obtaining the needed affirmative votes to join the NCRTD. The NCRTD, composed of ten
initial members, has completed the necessary steps for creating a RTD and was certified by the New Mexico
Transportation Commission in Autumn 2004.
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A Case Study in Regional Transportation Consensus Building
Between Local and Tribal Governments in New Mexico
By 1Judith M. Espinosa, 2DeAnza Valencia, 3Michael Jensen, and 4Mary E. White
INTRODUCTION
This paper discusses the intense effort to build a model for consensus to create the first Regional Transit District
(RTD) in New Mexico. The North Central Regional Transit District (NCRTD) includes the following governments:
the New Mexico Counties of Los Alamos, Rio Arriba, and Santa Fe, the Cities of Española and Santa Fe, and the
Pueblos of Pojoaque, San Ildefonso, San Juan, Santa Clara, and Tesuque. The population of the NCRTD is 193,868
(1). The shaded areas on the map in Figure 1 show the NCRTD, with Albuquerque/Bernalillo County to the
south/southwest of the district. The NCRTD contains state’s largest and smallest Indian Pueblos (in population), the
state’s richest county as well as one its poorest, and rural communities that are steeped in 500-year old Spanish
traditions juxtaposed against the nearby “New Age” cosmopolitanism in Santa Fe. New Mexico has the greatest
percentage of Hispanics of any state and has one of the highest percentages of Native Americans. TABLE 1 shows
the demographics of the NCRTD as compared to New Mexico and the United States. The diverse geographical,
political, and economic landscapes of the NCRTD can make it difficult, at times, to pursue new or ambitious
projects across such disparate jurisdictions. The geographic size of the region and the state, as well as organizational
and jurisdictional barriers, can create roadblocks to effective collaboration.
Barriers to Mobility and Independence
The State’s poverty and diffused population increase the challenges to adequately serve the number of New
Mexicans who need affordable, reliable transportation. While notable progress has been made in the last decade, the
need for public transit to increase access, mobility, and independence in New Mexico is great. Plans have long been
discussed for a commuter rail line from Albuquerque to Santa Fe and on to Denver, as well as the need for
increasing the multimodal facilities, park-and-ride locations, and car/vanpooling options across the state. Los
Alamos National Laboratory (LANL) is the largest employer in the region. Santa Fe, as the state capital, provides a
large number of government jobs. However, the cost of living is too high for many people who are employed in the
service and non-management sector to reside there. Nearby communities with transit services adjacent to Pueblo
lands do not serve tribal members who living on the Pueblo. Therefore, geographic and economic landscape in the
north-central region means that many people living in the region’s rural areas must travel long distances to work and
to achieve educational goals. Some members of Pueblos and others from the region’s rural poor may forego
employment, healthcare, or educational opportunities altogether because they lack the means to finance or maintain
a car and presently other transportation choices do not exist.
Effects of Drivetime Gridlock
Most of the Pueblos in the north-central region are bounded by or near to urban centers, as shown in Figure 2. As
sovereign entities under the oversight of from the US Bureau of Indian Affairs (BIA), these Pueblos have limited
influence over transit and transportation decisions made at the state, tribal, or local level. Yet, many of the Pueblos
suffer from problems created by heavy congestion and air pollution from commuters’ peak traffic flows. Highways
transect Pueblo residential areas and make it difficult for the members of the Pueblo to observe traditional religious
practices. Local transit systems serve residential areas populated by non-Indian residents but do not cover adjacent
reservation lands. Pueblo member are left to seek transportation services from redundant federal programs, if
available. Commuters to LANL from Santa Fe and Española create tremendous peak flows on Highway 502. The
expansion of Highway 285 from Santa Fe to Española will take several more years to complete, and construction
creates severe bottlenecks as portions of the road narrow to single lanes in either direction. The heavy traffic
congestion, which has led to some egregiously aggressive driving, has also severely impacted access to and from
Pueblos along these routes. Moreover, in the wake of 9/11, the drive-time gridlock on roadways in and out of Los
Alamos County has raised concerns about the ability to evacuate the national lab and surrounding communities in
the event of a terrorist threat.
A REGIONAL TRANSIT DISTRICT TO ADDRESS MOBILITY ISSUES
One solution to these kinds of mobility problems is to create RTDs which allow state, local and tribal governments
to connect existing local transit services and expand to cover unserved localities and provide more accessible and
affordable transit services for rural residents, especially those people who suffer from mobility limitations due to
age, poverty, or disability. RTDs can ease redundancy, make transit services more efficient, improve the quality of
tourism in the state, and allow for more serious discussions of larger transit options, such as commuter rail.
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RTD from Conception to Law
The first proposal for a RTD memorial came in August 2000 during a National Quality Initiative on Transit, held at
the ATR Institute (ATRI), University of New Mexico (UNM). Two years later, a memorial for an RTD Act was
submitted to the State Legislature, but the session ended before action was taken. The following year, an RTD Bill
was passed by the Legislature and was signed into law by Governor Bill Richardson in March 2003 (2). TABLE 2
shows a brief history of the RTD.
Forming a Organizing Committee
Following successful passage of the RTD Act, communities in the north-central region of the state began meeting
informally in April 2003 to discuss creation of an RTD. The first task was establishing an organizing committee
made up of representatives from all the region’s jurisdictions. Governmental units from all ten jurisdictions were
asked to designate representatives to the Organizing Committee and pass Formal Resolutions of Intent to Join. By
October 2003, the Organizing Committee was formally established and included designees from all the jurisdictions
in the proposed district. The New Mexico Department of Transportation (NMDOT) Research Bureau provided funds
to develop a case study and model which could be followed by other potential RTDs in the State. The ATRI/UNM,
the organizing and research entity, was charged with developing the RTD model and staffing the effort. The
Regional Development Corporation, located in north-central New Mexico, also stated that it would provide staff and
other resources to the Organizing Committee. The NCRTD Organizing Committee, representing public and private
interests across the region, was formed and charged with the following activities:
▪
▪
▪
▪
▪
▪
Coordinating the input of all the region’s jurisdictions,
Answering questions regarding the RTD Act and other relevant statutes,
Investigating funding sources for the NCRTD,
Preparing all certification documents,
Coordinating study sessions for government officials and the public (prior to public hearings and votes on
joining the district) to raise awareness and fuel the process for obtaining the needed votes to join NCRTD,
Presenting the information and materials in a clear and effective way to governing bodies and the general public
ensuring that informed decisions could be made expeditiously, and
▪
Providing examples of cross-jurisdictional transit collaboration.
The Committee established a Financial Subcommittee to conduct research and make recommendations on
long-term financing of the district and a Documents Subcommittee to prepare all certification documents and
supporting material. Both committees were staffed by the ATRI.
Creating and Distributing Information
Early on, the Organizing Committee initiated the practice of ensuring that all relevant parties had access to
information by posting the necessary documents from the Certification Packets, research, supporting materials, and
other resources on the RTD Web Site. This policy greatly facilitated the flow of information, provided access, and
ensured that the public and the designated representatives were aware and involved in the certification (3). After the
ATRI staff researched and created the necessary Certification Documents, this information was posted on the
NCRTD Web Site (http://share.rdcnm.org/rtd/default.aspx) and distributed to all relevant parties before each
jurisdiction’s public hearing(s). The information was made available to the designated representatives, all governing
body officials in each of the jurisdictions, the private sector, and the public. Figure 3 shows the NCRTD vision.
Certification Documents Packets and Supporting Materials
Although the RTD Act specifies only an Intergovernmental Contract be produced, the extensive documentation that
was provided to both the public and their elected officials made the certification process easier and quicker by
providing a single source of information about the NCRTD. The information for review included the following:
▪
▪
▪
▪
▪
▪
▪
Cover Letter,
Resolutions of Intent to Participate in the NCRTD,
Organizing Committee Designated Representatives,
Regional Transit District Act,
Intergovernmental Contract,
Board of Directors’ Bylaws,
NCRTD Member Voting Strength Analysis and Formula,
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▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
Regional Transit Mobility Concepts,
NCRTD Map,
First-Year Administrative Budget,
Letter of First-Year Support from NMDOT Secretary Rhonda Faught,
Letter to NMDOT Office of General Counsel,
Timeline of Initiation and Implementation,
Schedule of the New Mexico Transportation Commission (NMTC) Meetings,
Sample Resolution to Join the NCRTD,
Names and Contact Information for All of the Designated Representatives,
Calendars and Minutes of the Organizing Committee, Subcommittees, and Public Meetings, and
Timeline and Milestones for Becoming Certified.
Openness and Transparency
The Organizing Committee, through its staff, expended a great deal of effort providing research and information on
the exact language of the RTD Act. It delineated the relationship of RTDs with Regional Planning Organizations
(RPOs) and Metropolitan Planning Organizations (MPOs) as well as with local and tribal governments in terms of
its funding guidelines and expectations for effective transportation and transit planning. The Organizing Committee
also produced and widely disseminated guides on the RTD process. They produced analyses of the political,
economic, and social benefits that would be derived by joining the NCRTD, tailoring these benefits narratives to the
specific concerns of each of the ten jurisdictions. Most importantly, the Organizing Committee as a group and
individual members of the Committee met frequently with representatives of governing bodies, members of the
public, and interested third parties – such as LANL and other employers in the region – to address concerns and
provide additional information regarding the NCRTD.
The ATRI staff conducted research on New Mexico’s Open Meetings Act and provided a summary of the
pertinent parts of that legislation on the NCRTD Web Site (4). Much of the specific language of the Open Meetings
Act was incorporated into the wording of the Intergovernmental Contract to make the document more accessible to
the public and provide transparency by giving the public and potential members the opportunity to gain a full
understanding of the proposed RTD, the Intergovernmental Contract, and the draft Bylaws. Citing different statutes
without incorporating specific language might have seemed like an attempt to confuse the public or hide the
implications of the proposal and would have run counter to the Committee’s intent for openness, transparency, and
involvement with a well-informed public.
The NCRTD Organizing Committee drew up a draft set of Bylaws for the Board of Directors which could
be circulated among the governmental units and the general public at the public meetings about the proposed RTD.
The Organizing Committee wanted to present the public and its elected officials with as complete a picture of the
proposed NCRTD as possible despite the need to formalize and possibly, greatly amend the Bylaws once a Board
was selected.
Study Sessions and Support
Because some doubt and misinformation existed regarding the intent and scope of RTDs and their relationship to
local and tribal governments and existing multi-jurisdictional planning, such as RPOs and MPOs, the Committee
instituted “study sessions” with all of the governing bodies interested in joining the district. These study sessions
were one-on-one outreach meetings with key elected officials, staff and Pueblo leaders. In many jurisdictions,
multiple study sessions were needed. The study sessions served as a kind of quasi-informal or preliminary hearings
with elected officials who expressed concerns and sought clarification regarding the NCRTD and its impact in their
area. The use of these study sessions cleared the way for greatly expedited public hearings and votes on the
Intergovernmental Contract, because several initial questions had already been addressed in prior meetings.
Questions, comments, or recommendations coming out of a particular study session led the Organizing Committee
to incorporate changes to the Contract, the Bylaws, and some of the supporting material. Because these changes
came before any formal votes were taken, the governing bodies did not need to revisit these issues their vote.
The Organizing Committee provided both direct and indirect support to effective public involvement in the
certification process. Direct support came in making information widely available to the public, with distribution of
background materials and certification documents through the NCRTD Web Site and in person. Indirect support
came through making elected representatives as informed as possible about the NCRTD and the certification
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process, with the result that the designated representatives could, in turn, respond to public questions, comments,
and concerns. The Organizing Committee has worked closely with the Secretary of the NMDOT and other senior
transportation officials to keep them informed and enlist their advice and support. In the end, this active and
aggressive role in building support for the NCRTD may well have been the most important contribution of the
Organizing Committee to the process.
Certification Process
The RTD Act requires that each governmental unit wishing to join an RTD must hold at least one public hearing and
then vote to sign an intergovernmental contract specifying the rights and duties of the district and its individual
members. Each unit must hold at least one public hearing before voting on the transit district’s Intergovernmental
Contract. After all appropriate documents have been created and approved, and votes by the governmental units to
join NCRTD have been made, the NMTC is charged with certifying the new district. The Organizing Committee
and individual representatives of the region’s governments were ready in advance for the process of getting the
NCRTD certification hearing by the NMTC. The NCRTD was certified in Autumn 2004.
MAJOR CHALLENGES TO FORMING THE NCRTD
Creating consensus for a new layer of government is never easy. Some government officials in the various
jurisdictions and most members of the public were unfamiliar with the RTD Act. Furthermore, the idea of creating
an RTD presented many unknowns that would have to be addressed in the required certification documents and
supporting materials. These unknowns included:
▪
▪
▪
▪
▪
▪
Would Pueblo sovereignty be negatively affected?
Would the historic exclusion of Pueblo peoples from government decision making change under the NCRTD?
How would the diverse jurisdictions that were to make up the RTD be represented in terms of voting strength?
Would the RTD take over existing transit services and decision making?
How would an RTD affect local or tribal authority over transit services? And
What would an RTD cost to create and run?
GOVERNMENT-TO-GOVERNMENT RELATIONSHIP AND CONSENSUS BUILDING
Creating an Inclusive and Equitable Partnership with Tribal Governments
While the Pueblos have wanted to work cooperatively with federal, state, and local officials on decisions that would
impact the enrolled tribal members, the initial perception of the RTD (and other proposed joint efforts) has been that
any new layer of government could add to the difficulty the Pueblos already encounter in trying to protect their
sovereignty as nations. The Pueblos felt that they had been prevented in the past from having an effective and equal
voice in making decisions that affect them—not only in the transportation field, but across the board. These
concerns have been amplified, because most Pueblos have both enrolled tribal residents and non-Natives living
within the boundaries of the Pueblo. As an extreme case, the Pueblo of Santa Clara, located between Española and
the County of Los Alamos, has approximately 10,000 residents but only about 1,600 are resident enrolled members.
Services to the non-members of the Pueblo are provided by local and state agencies, while the Pueblo’s members are
served by the BIA. Not only does this create redundancy in the provision of services, but the quality of services is
often not equivalent. Non-Indian members of the NCRTD Organizing Committee acted very consciously to allay
Pueblo concerns. The Pueblos were asked to provide the Organizing Committee with designated representatives
from the very start of the NCRTD certification process—rather than after important decisions have been made.
Involving the Pueblos in such a public way at the start of the decision process went along way to convince Pueblo
leaders that the other NCRTD members were sincere in trying to find transit solutions that would work for all ten
jurisdictions.
The Pueblo of Pojoaque hosted several Organizing Committee meetings. The Pueblo of Santa Clara, the
largest Pueblo in population, regularly sent two representatives to Document and Financial Subcommittee meetings
as well as to meetings of the Organizing Committee. Discussions about the difference between enrolled members
and non-Pueblo residents were conducted. Santa Clara and the other Pueblos were presented with many different
ways and opportunities to voice their needs in the NCRTD. Reassurances were made that the RTD service plan
would be based on populations served, rather than on something so difficult to quantify as which residents of Santa
Clara are enrolled-resident Pueblo member at any given time. In this respect, the fact that Santa Clara has a
potentially large population requiring transit services would more likely find effective and equitable expression in
NCRTD planning than was the case prior to the formation of the NCRTD.
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Establishing a Voting Strengths Formula Acceptable to Diverse Jurisdictions
The NCRTD contains governmental units with a wide range of populations. The state and the region’s smallest
Pueblo in population is Pojoaque Pueblo, with about 300 resident enrolled members. By contrast, the Santa Fe City
and County areas each have over 85,000 residents. Because of the disparities in population, another major concern
was over how such different populations would be represented on the NCRTD Board of Directors. Clearly, a one
member/one vote system would face stiff opposition from the designated representatives and the public due to
population differences. Concerned their relatively small size would place them at a disadvantage in the RTD, the
Pueblos asked many questions and approached the issue conservatively. The Organizing Committee, through its
Documents Subcommittee, conducted a “Voting Strength Analysis for NCRTD Members,” which is shown in
TABLE 3 (5), (6).
Research, information, methodology, and results for the voting strength analysis as well as a rationale for
the way the study was conducted were also posted on the RTD Web Site and distributed to all the designated
representatives. The public and its elected officials were able to compare the various methods of analysis which had
been tested, and evaluate for themselves individually whether the Organizing Committee had, indeed, chosen the
method that best represented a balance between the largest and smallest governmental units in the district.
The analysis created a weighted voting formula using population thresholds of 5,000/ 10,000/ 20,000/
40,000/80,000. Voting Units are awarded in the following manner: All Members receive one (1) vote by virtue of
being a Member. Members receive additional votes in the following way: one (1) vote for population between 5,000
and 9,999; an additional vote for population between 10,000 and 19,999; an additional vote for population between
20,000 and 39,999; an additional vote for population between 40,000 and 79,999; an additional vote for population
equal to or greater than 80,000. This set of thresholds lowers the relative voting strength of the larger Members
while providing the greatest relative voting strength to the Pueblos of any of the four methods in the analysis. In the
end, every jurisdiction expressed satisfaction with the proposed voting system.
The voting formula for the NCRTD Board of Executives as follows:
▪
▪
▪
▪
▪
Total members - 10 members;
Total voting units - 25 voting units;
Simple majority vote - 13 voting units;
Two-thirds majority vote - 17 voting units;
Quorum requirements - 6 members and 13 voting units.
Control of Existing Transit Resources
A huge concern among members of the NCRTD centered on control of existing and future transit assets of the
district. Most of the Organizing Committee envisioned that the NCRTD would absorb existing transit services under
a common, coordinated system. This approach would appear to be a straightforward and efficient way of functioning
as a regional entity. However, consolidation of some transit providers is hindered, because some operate as private
firms, rather than government entities. In other cases, a concern arose that consolidation might lead to loss of local
or tribal jobs through economies of scale in transit service provision. In addition, a significant interest currently
exists in bringing commuter rail service into the region and tying it into planned commuter rail in neighboring
RTDs. These issues created concerns that the district would overwhelm local government’s ability to determine their
particular interests. Other issues revolved around acquisition of new assets and infrastructure by the NCRTD as well
as methods for dispersing assets should a member jurisdiction leave the district, new members join the district, or
should the RTD suspends activity. However, most of these issues are actually covered in the RTD Act. Over the
course of many discussions, members came to view these questions as matters that could be dealt with at the level of
the NCRTD Board, once it is established.
Costs, Funding, and the Budget
Another very important issue regarding the NCRTD to be raised was cost. Early on, the Organizing Committee
decided that it was important to keep concerns over funding of the NCRTD from derailing the approval process.
This move was not an effort to side-step a difficult question, but rather, was based on the realization that many of the
cost issues could be resolved only after the district had been formed. First, came certification of the NCRTD, then
creation of a Board, which would hire an Executive Director to assemble a staff. Only then could the district draw
up a service plan, which would, in turn, derive the first year’s financial needs and future budgets.
The Organizing Committee’s Financial Subcommittee has been investigating a whole range of options for
funding the new district, including:
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▪
▪
▪
▪
▪
Ability of local governments to increase their local-option (gross receipts’ tax) rates for the specific purpose of
funding this new governmental entity,
State and federal transit and transportation funding to the Cities and Counties,
Federal transportation funding to the Pueblos,
Emergency preparedness and Homeland Security funding (because of concerns over LANL), and
Wide range of economic development funding which might be applicable to the RTD as a mechanism to
increase access to jobs and education.
Local transit providers already exist in some areas within the RTD, although some are private contractors,
while others are operated by the local governments. In any case, existing infrastructure would be integrated into the
new NCRTD, with the result that the cost of creating new transit providers was not an immediate issue. Instead, cost
issues centered on the administrative and operating costs of the new district, including the salaries of the Executive
Director and staff, and the cost of facilities and supplies. The NMDOT promised to supply each new RTD with oneyear’s start-up funds. Written clarification was received from Office of the Secretary of NMDOT that the funding
for the RTDs would be carried over to FY 2005. Governing bodies were also concerned about the need to go to the
voters for a gross receipts’ tax (GRT) increase that would be used by a regional entity—although the monies from
such a tax each jurisdiction’s funds would be used to finance only that portion of the RTD that was operating in or
providing service to their portion of the district. The governing bodies have stated that particular attention would
have to be spent to educate and mobilize public support of the certification process and to obtain RTD authority to
increase the GRT.
As part of its mission, the Organizing Committee drew up a draft first-year budget, which became part of
the certification packet that was circulated to all the governmental units and to the public at the hearings. The
creation of the budget made it easier to see that the district’s first year—which would be devoted to drawing up a
service plan—was relatively secure and would not entail outlays from the local governments.
Timeline for Certification
By the time the certification hearing was held in Autumn 2004, the NCRTD was composed of ten initial members.
This represents a significant achievement of coordination and collaboration for the region, since its neighboring
regional transit district effort, in the Middle Rio Grande area that includes the City of Albuquerque/Bernalillo
County, is far from seeking certification at present. The expectation is that the NMTC will certify the NCRTD after
the August hearing, which will serve to validate the hard work and the collaborative spirit of the region’s
governments. TABLE 4 provides a detailed look at the timeline and milestones for certification.
FUTURE TASKS OF THE NCRTD
With the certification by NMTC, the Documents Subcommittee will formally cease operations. The NCRTD
members held a hearing and formally voted on the Bylaws to govern NCRTD Board of Directors at the first Board
meeting. In compliance with the Open Meeting Act, the Board was required to notify the general public throughout
the region of its meetings and agenda in advance, with the most important agenda item on the first meeting being
voting on a set of Bylaws and selecting an Executive Director to begin formal operation of the district. With a
Board, an Executive Director, and the staff in place, the NCRTD can put together a formal service plan. The service
plan will be drawn up collaboratively with input and recommendations from the governmental units, the
management of the existing transit services, and from other interested parties such as LANL and NMDOT. The
Finance Subcommittee will continue to provide information and advice to the newly constituted district regarding
funding and financing opportunities. TABLE 5 shows the mobility concepts that the NCRTD hope to achieve
through the RTD.
In the first months, the RTD will collaborate with transit interests across the state to secure dedicated
funding for transit from State government. NCRTD would like to start to connect and expand existing transit
services. Crucial Park-and-Ride funds are due to expire. Even if the Park-and-Ride funds are maintained at current
levels, they are spread very thinly across the state. The potential loss or reduction of a service like Park-and-Ride
would have a serious impact on the ability of regional transit districts like the NCRTD to carry out this mission and
would have an adverse economic impact. The credibility of the NCRTD could be damaged if the RTD had to ask
member governments to go to the voters to ask for increases in the GRT soon after certification. Another issue will
be the extent to which the NCRTD can include existing transit services. The NCRTD will be an important player in
any plans to develop commuter rail service from Albuquerque to Santa Fe and eventually to Denver, because the
NCRTD includes important rail rights-of-way as well as links to existing rail lines that extend north into Denver.
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CONCLUSION
Transportation infrastructure includes roads, and transit systems, as well as bicycle, pedestrian and equestrian trails.
However, another set of crucial elements must not be overlooked—cultural integrity, sovereignty, and economic
development for local and tribal government. In times past, local and tribal government-to-government relations
have been ineffectual. These weakened bonds have contributed to the derailment of needed transportation projects
(and other needed services) and worked against the mutual economic interests of local and tribal governments.
The NCRTD process is far ahead of efforts to create other RTDs in the state. Representatives in other New
Mexico regions are studiously watching the advance of the NCRTD toward certification and are interested in how
this process can be tailored to the composition and circumstances of their regions. NCRTD members are being
enlisted to assist some of these regions in the establishment of their own RTDs. This position of leadership in the
north-central region has had a profound impact on both local and tribal government officials and the public. The
NCRTD’s accomplishments have also brought a good deal of attention to these communities from State
government, including the Governor and senior NMDOT officials.
The certification process showed the public and elected officials in the north-central region how much they
can accomplish by working together with a vision for the greater common good. The model of NCRTD
implementation represents a truly collaborative process, based on openness, transparency, access to information, and
mutual respect that has provided the proper climate for intergovernmental accomplishment of ambitious goals and
mutual benefits that make a real difference in the quality of life for many people who need affordable, reliable
transportation to jobs, healthcare and education. The NCRTD model of consensus building has recently been
adopted in northern New Mexico as a way to coordinate regional water issues.
Local and tribal governments are called to build bridges of collaboration through creation of effective and
equitable processes such as the NCRTD effort to preserve and enhance the best qualities of both Indian and nonIndian people. Genuine government-to-government partnership can mean that all partners obtain more together than
they could have on their own. The process can be a catalyst for change in all regions of New Mexico as well as
across the nation.
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REFERENCES
1.
2.
3.
4.
5.
6.
State and Local QuickFacts. US Census Bureau, 2000.
Regional Transit District Act. 73-25-1-18 NMSA 1978.
NCRTD Web Site. (http://share.rdcnm.org/rtd/default.aspx).
Open Meetings Act. 10-15-1. NMSA 1978.
New Mexico Incorporated Place Population Estimates, Sorted Within County: April 1, 2000 to July 1, 2002;
US Census Bureau, 2003.
US Bureau of Indian Affairs, Local Estimates of Indian Service Population and Labor Market Information,
2001 Labor Force.
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ACKNOWLEDGEMENTS
The ATR Institute, University of New Mexico, and the Surface Transportation Policy Project would like thank
David Albright and Rais Rizvi of the New Mexico Department of Transportation Research Bureau; Lillian
Montoya-Rael, Executive Director of the Regional Development Corporation; and the New Mexico Counties of Los
Alamos, Rio Arriba, and Santa Fe, the Cities of Españolaand Santa Fe and the Pueblos of Pojoaque, San Ildefonso,
San Juan, Santa Clara, and Tesuque and their designated representatives.
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LIST OF TABLES AND FIGURES
TABLE 1 Demographics of the NCRTD by County as Compared New Mexico and the US, 2000
TABLE 2 History of the NCRTD
TABLE 3 Voting Strength Analysis for NCRTD Board of Directors
TABLE 4 NCRTD Subcommittees’ Certification Timeline/Milestones
TABLE 5 NCRTD Transit Mobility Concepts
Figure 1 Map of the NCRTD (shaded areas) Relative to Albuquerque/Bernalillo County.
Figure 2 NCRTD Map Showing the Relative Proximity of Pueblos to LANL and Santa Fe.
Figure 3 The NCRTD Vision.
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TABLE 1: Demographics of the NCRTD by County as Compared New Mexico and the US, 2000
Population
Square Miles
Persons per
Square Mile
Percent Hispanic
Percent Native
American
Percent White,
Not Hispanic
Percent Living
Below Poverty
Per Capita
Income
Los Alamos
County
Rio Arriba
County
Santa Fe
County
New Mexico
United States
18,343
109
167.8
41,190
5,858
7.0
129,292
1,909
67.7
1,819,046
121,356
15.0
281,421,906
3,537,438
79.6
11.0%
0.6%
72.9%
13.9%
49.0%
3.1%
42.1%
9.5%
12.5%
0.9%
82.1%
13.6%
45.5%
44.7%
69.1%
2.9%
20.3%
12.0%
18.4%
12.4%
$34,646
$14,263
$23,594
$17,261
$21,587
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TABLE 2: History of the NCRTD
NCRTD Phases
From Conception
to Law
Month(s)/Year
Action
August FY 2000
National Quality Initiative on Transit
First Proposal for RTD Act Memorial
Submittal of Memorial to Develop RTD Act,
Memorial Failed Due to Lack of Time in the NM
Senate
Re-Submittal of RTD Act to NM Legislature,
SB 34 Approved by NM Legislature
Governor Bill Richardson Signs RTD into Law
January FY 2002
January FY 2003
March FY 2003
Implementation
Process
April – September
FY 2003
October – April
FY 2004
May FY 2004
– July FY 2005
July – September
FY 2005
October – December
FY 2005
January – February
FY 2005
March FY 2005 –
????
Research Report – NCRTD Organizing Pilot Project
Informal activities to develop RTD Organizing
Committee,
Five governments pass Resolutions of Intent to
join Organizing Committee,
NMDOT provides seed money to provide staffing
for Organizing Committee
RTD Organizing Committee develops package of
Certification Documents for submittal to potential
member communities and to NM Transportation
Commission
RTD Certification Documents to be reviewed by
NMDOT legal counsel,
Presentations by RTD Organizing Committee to
potential members regarding joining the RTD and
the Certification Documents,
RTD Certification Documents approved by
member communities
RTD Certification Documents to be submitted to
NM Transportation Commission for certification,
NM Transportation Commission to review and
approve NCRTD Submittal for Certification
NCRTD Board of Directors to be established,
NCRTD Board to hire an Executive Director,
Start of planning process for Service Plan
Service Plan development,
Negotiations with member communities for
inclusion of transit services,
Legislative efforts to secure dedicated state of NM
funding for transit
Inclusion of existing transit services under RTD
umbrella,
Planning for new/expanded transit services,
Planning for Albuquerque – Santa Fe Commuter
Rail Project
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TABLE 3: Voting Strength Analysis for NCRTD Board of Directors
Member
Española City
Los Alamos County
Nambé Pueblo
Pojoaque Pueblo
Río Arriba County
San Ildefonso Pueblo
San Juan Pueblo
Santa Clara Pueblo
Santa Fe City
Santa Fe County
Tesuque Pueblo
TOTAL
Final Analysis – 5K/10K/20K/40K/80K Thresholds
Population Population Member Population Total
% of Total Unit
Units
Voting
Units
9,791
5.1
1
1
2
18,305
9.4
1
2
3
448
0.2
1
0
1
255
0.1
1
0
1
29,674
15.3
1
3
4
644
0.3
1
0
1
2,688
1.4
1
0
1
1,600
0.8
1
0
1
65,127
33.6
1
4
5
64,932
33.5
1
4
5
404
0.2
1
0
1
193,868
99.9
11
14
25
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TABLE 4: North Central Regional Transit District Subcommittees’ Certification Timeline/Milestones
Timeline for
Organizing
Committee
April 1, 2004
Timeline for
Documents
Subcommittee
Timeline for
Financial Strategies
Subcommittee
April 5, 2004
April 21, 2004
May 6, 2004
May 2004
June 3, 2004
June 2004
July FY 2005
April 21, 2004
July FY 2005
July 1, FY 2005
August 5, FY 2005
August FY 2005
August 6, FY 2005
August 19, FY 2005
September 2,
FY 2005
September FY 2005
October – November
FY 2005
December 2005
Research Report – NCRTD Organizing Pilot Project
Key Milestones
Required Documents completed and
reviewed by Working Group
Submit Documents to NMDOT legal
counsel for review
Final review of Documents, Financial
Planning, and Preparation of Package
Materials
Review Documents package,
Discuss legal changes,
Deadline for Resolutions of Intent,
Report on Study Sessions
Interim funding identified and secured,
Begin creating awareness of this effort
with the NM Transportation Commission
Continue Study Sessions,
Continue legal review of Documents by
each governmental unit,
Continue creating awareness of this effort
with the NM Transportation Commission,
Continue Study Sessions,
Continue legal review of Documents by
each governmental unit,
Continue formal approvals and resolutions
from entities to join the district
Complete formal approvals and
resolutions from entities to join the RTD,
Prepare for NM Transportation
Commission Hearing
Submit information to NM Transportation
Commission Agenda
Taos, NM: Review and/or approval of
RTD designation by the NM
Transportation Commission
Begin to identify potential staffing and
NCRTD organizational needs
RTD Board Selection
NCRTD Board Constituted,
Development of Service Plan by NCRTD
staff
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TABLE 5: Regional Transit Mobility Concepts for the North Central Regional Transit District
1.
2.
3.
4.
5.
6.
7.
The geographic boundaries of the North Central Regional Transit District (NCRTD) are the borders of Río
Arriba, Los Alamos, and Santa Fe Counties. NCRTD will include other Governmental Units within these
boundaries.
All services anticipated to be provided by the NCRTD are for the benefit of the residents of, and visitors to, the
North-Central New Mexico Region.
Plan for the operation, coordination, and expansion of regional and local public transit services within the
boundaries of the District.
Participate in rural and urban transportation planning through involvement in Regional Planning Organizations
and the Santa Fe Metropolitan Planning Organization.
Pursue the development of regional pedestrian/bicycle pathways to enhance connections with transit services.
Promote existing public transit services to increase ridership and the effectiveness and efficiency of transit
services in the region.
In the interest of a coordinated, expanded regional public transit service network, the NCRTD will pursue
management of the following transit programs, projects and services:
o Regional Park-and-Ride commuter bus services from Santa Fe to Los Alamos, Santa Fe to Española, Santa
Fe to Albuquerque, and Española to Los Alamos;
o Park-and-Ride bus service to/from the Santa Fe area;
o Park-and-Ride facilities to connect to regional and local bus service and to encourage carpooling;
o Commuter Rail service between Santa Fe and Albuquerque;
o Commuter Rail service between Santa Fe and Eldorado;
o Coordinated, integrated, consolidated, and expanded local bus service wherever possible;
o Carpooling and Vanpooling in the tri-county area; and
o A dedicated Gross Receipts Tax (as one tool among others) for financing the NCRTD operations, pursuant
to the statutes of State of New Mexico.
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Figure 1 Map of the NCRTD (shaded areas) Relative to Albuquerque/Bernalillo County.
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Figure 2 NCRTD Map Showing the Relative Proximity of Pueblos to LANL and Santa Fe.
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MAPPING THE RTD VISION
Legislature
Funding
Legislation Enabling RTD
Vision:
Services:
Santa Fe Trails, Los Alamos Bus
Espanola Transit, Los Valles Transit
Northern NM Park 'N Ride
Structure:
NCRTD
Mobility
Concepts
Map
RTD Organization to
Deliver Services
NCRTD Organizing
Committee Formed
Service Plan
Barriers/Opportunities:
Expansion, Connections, Funding,
Jurisdiction, & Communciation
Figure 3 The NCRTD Vision.
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June 2005
Appendix 27: RTD Act
1
AN ACT
2
RELATING TO TRANSPORTATION; ENACTING THE REGIONAL TRANSIT
3
DISTRICT ACT; AUTHORIZING THE CREATION OF REGIONAL TRANSIT
4
DISTRICTS; PROVIDING THE POWERS AND DUTIES OF REGIONAL
5
TRANSIT DISTRICTS; PROVIDING FOR THE POWERS AND
6
RESPONSIBILITIES OF THE BOARD OF DIRECTORS; AUTHORIZING
7
ISSUANCE OF BONDS; PROVIDING PENALTIES.
8
9
10
11
12
13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1.
SHORT TITLE.--This act may be cited as the
"Regional Transit District Act".
Section 2.
PURPOSE.--The purpose of the Regional
Transit District Act is to:
14
A.
serve the public by providing for the creation
15
of regional networks of safe and efficient public transit
16
services;
17
B.
allow multijurisdictional public transit
18
systems to reduce the congestion of single-occupant motor
19
vehicle traffic by providing transportation options for
20
residents;
21
22
23
24
25
C.
decrease automobile accidents by reducing
traffic congestion on freeways and streets;
D.
reduce noise and air pollution produced by
motor vehicles;
E.
prolong and extend the life of New Mexico's
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1
existing roadways by easing the traffic burden;
2
F.
provide residents with a choice of
3
transportation alternatives so that seniors, youth, low-
4
income and mobility-impaired residents and others unable to
5
drive or afford motor vehicles continue to have full access
6
to the goods, services, jobs and activities of the community;
G.
7
improve the New Mexico economy by increasing
8
workforce and citizen access to education and higher paying
9
jobs; and
H.
10
prolong and extend petroleum resources.
11
Section 3.
DEFINITIONS.--As used in the Regional
12
Transit District Act:
A.
"board" means the board of directors of a
15
B.
"bond" means a revenue bond;
16
C.
"combination" means two or more governmental
13
14
17
18
19
20
district;
units that exercise joint authority;
D.
"commission" means the state transportation
commission;
E.
"construct" or "construction" means the
21
planning, designing, engineering, acquisition, installation,
22
construction or reconstruction of a regional transit system;
23
F.
"district" means a regional transit district
24
that is a political subdivision of the state created pursuant
25
to the Regional Transit District Act;
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G.
"governmental unit" means the state, a county
2
or a municipality of the state or an Indian nation, tribe or
3
pueblo located within the boundaries of the state;
H.
4
"regional transit system" means a property,
5
improvement or system designed to be compatible with
6
established state and local transportation plans that
7
transports or conveys passengers within a region by means of
8
a high-occupancy vehicle, including an automobile, truck,
9
bus, van or railcar; and
10
I.
"revenues" means tolls, fees, rates, charges,
11
assessments, grants, contributions or other income and
12
revenues received by the district.
13
Section 4.
A.
14
CREATION OF DISTRICTS.--
A combination may create a district by
15
contract.
Upon the issuance by the commission of a
16
certificate stating that the district has been duly organized
17
according to the provisions of the Regional Transit District
18
Act, the district may exercise the functions conferred by the
19
provisions of that Act.
20
certificate within thirty days of the filing with the
21
commission of a copy of a contract that fulfills all the
22
requirements set forth in this section and a copy of the
23
bylaws and operating procedures of the district.
24
commission shall cause the certificate to be recorded in each
25
county having territory included in the boundaries of the
The commission shall issue the
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district.
2
commission, the district shall constitute a separate
3
political subdivision of the state and shall have all of the
4
duties, privileges, immunities, rights, liabilities and
5
disabilities of a political subdivision.
B.
6
7
A contract establishing a district shall
specify the:
(1)
8
9
Upon issuance of the certificate by the
name and purpose of the district and the
regional transit systems to be provided;
(2)
10
establishment and organization of the
11
board in which all legislative power of the district is
12
vested;
(3)
13
manner of the appointment, term of
14
service and qualifications, if any, of the directors and the
15
procedure for filling vacancies;
16
(4)
17
their appointment and their duties;
18
(5)
voting requirements for action by the
(6)
provisions for the distribution,
19
20
21
22
23
24
25
officers of the district, the manner of
board;
disposition or division of the assets of the district;
(7)
boundaries of the district, which shall
not include territory:
(a)
outside the boundaries of the
members of the combination without the consent of the
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governing body of the governmental unit of the territory; or
2
(b)
within the unincorporated
3
boundaries of a county that is not a member of the
4
combination as the unincorporated boundaries of the county
5
exist on the date the district is created without the consent
6
of the governing body of the county;
7
(8)
term of the contract and the method by
8
which it may be terminated or rescinded.
9
not be terminated or rescinded so long as the district has
10
bonds outstanding;
(9)
11
12
The contract shall
provisions for amendment of the
contract;
(10)
13
limitations on the powers granted by
14
the Regional Transit District Act that may be exercised by
15
the district; and
(11)
16
conditions required when adding or
17
deleting parties to the contract pursuant to Section 18 of
18
the Regional Transit District Act.
19
C.
A governmental unit shall not enter into a
20
contract establishing a district without holding at least one
21
public hearing in addition to other requirements imposed by
22
law for public notice.
23
notice of the time, place and purpose of the public hearing
24
by publication in a newspaper of general circulation in the
25
governmental unit at least ten days prior to the date of the
The governmental unit shall give
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public hearing.
2
D.
Upon the approval of the governor, the state
3
may join in a contract creating a district.
4
directors of the board to which the state is entitled shall
5
be established in the contract, but in no case shall the
6
state be entitled to less than one director.
7
shall appoint the director or directors representing the
8
state on the board, for a term as established by the contract
9
that created the district.
Section 5.
10
A.
11
The number of
The governor
BOARD.--
All powers, privileges and duties vested in or
12
imposed upon the district shall be exercised and performed by
13
the board.
14
to an officer or agent of the board, with the exception of
15
the
The board may delegate its powers by resolution
following:
16
17
20
21
22
23
24
25
adoption of board policies and
(2)
ratification of acquisition of land by
(3)
initiation or continuation of legal
procedures;
18
19
(1)
negotiated sale;
action, not involving traffic or toll violations;
(4)
establishment of policies regarding
fees, tolls, rates or charges;
(5)
approval of significant route or
schedule changes affecting more than twenty-five percent of a
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regional transit system; and
2
(6)
B.
3
issuance of bonds.
Only an elected official shall be able to vote
4
on resolutions regarding Paragraphs (2) and (6) of Subsection
5
A of this section.
C.
6
The board shall promulgate and adhere to
7
policies and procedures that govern its conduct and provide
8
meaningful opportunities for public input.
9
shall include standards and procedures for calling emergency
10
These policies
meetings.
D.
11
The board shall be composed of at least one
12
director from each governmental unit that is a member of the
13
district.
A director shall be an elected official or his
14
designee.
A governmental unit shall not have a majority of
15
membership on the board, unless there are three or fewer
16
participating governmental units in the district.
E.
17
A director of the board shall not vote on an
18
issue when the director has a conflict of interest.
19
director of the board, officer of the board or employee of
20
the board shall not:
(1)
21
A
acquire a financial interest in a new or
22
existing business venture or business property of any kind
23
when he believes or has reason to believe that the new
24
financial interest will be directly affected by his official
25
act;
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(2)
use confidential information acquired by
2
virtue of his office or employment for his or another's
3
private gain; or
(3)
4
contract with the district without
5
public notice and competitive bidding and full disclosure of
6
his financial or other interest in the business that is party
7
to the contract.
F.
8
The attorney general shall investigate and
9
prosecute, when appropriate, a complaint brought to his
10
attention involving a violation of Subsection D of this
11
section.
12
section by a director of the board, officer of the board or
13
employee of the board is grounds for removal or suspension of
14
the director or officer and dismissal, demotion or suspension
15
of the employee.
G.
16
17
Violation of the provisions of Subsection D of this
In addition to all other powers conferred by
the Regional Transit District Act, the board may:
18
(1)
adopt bylaws;
19
(2)
fix the time and place of meetings and
20
the method of providing notice of the meetings;
(3)
21
make and pass orders and resolutions
22
necessary for the government and management of the affairs of
23
the district and the execution of the powers vested in the
24
district;
25
(4)
adopt and use a seal;
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2
(5)
maintain offices at a place as the board
(6)
appoint, hire and retain employees,
may designate;
3
4
agents, engineers, attorneys, accountants, financial
5
advisors, investment bankers and other consultants;
(7)
6
prescribe, in accordance with the
7
Procurement Code, methods for auditing and allowing or
8
rejecting claims and demands for:
(a)
9
10
the awarding of contracts for the
construction of improvements, works or structures;
11
(b)
the acquisition of equipment; or
12
(c)
the performance or furnishing of
13
labor, materials or supplies as may be required for carrying
14
out the purposes of the Regional Transit District Act; and
(8)
15
16
17
18
appoint advisory committees and define
the duties of the committees.
Section 6.
A.
POWERS OF THE DISTRICT.--
A district is a body politic and corporate.
In
19
addition to other powers granted to the district pursuant to
20
the Regional Transit District Act, the district may:
21
(1)
22
otherwise provided in the contract;
23
(2)
sue and be sued;
24
(3)
enter into contracts and agreements
25
have perpetual existence, except as
affecting the affairs of the district;
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(4)
establish, collect and increase or
2
decrease fees, tolls, rates or charges for the use of
3
property of a regional transit system financed, constructed,
4
operated or maintained by the district; except that fees,
5
tolls, rates or charges imposed for the use of a regional
6
transit system shall be fixed and adjusted to pay for bonds
7
issued by the district;
(5)
8
9
pledge all or a portion of the revenues
to the payment of bonds of the district;
(6)
10
finance, construct, operate or maintain
11
regional transit systems within the boundaries of the
12
district;
13
(7)
purchase, trade, exchange, acquire, buy,
14
sell, lease, lease with an option to purchase, dispose of and
15
encumber real or personal property and interest therein,
16
including easements and rights of way;
17
(8)
accept real or personal property for the
18
use of the district and accept gifts and conveyances upon the
19
terms and conditions as the board may approve;
20
(9)
use the streets, highways and other
21
public ways and, with permission of the owner, to relocate or
22
alter the construction of streets, highways, other public
23
ways, electric and telephone lines and properties, pipelines,
24
conduits and other properties, whether publicly or privately
25
owned, if deemed necessary by the district in the
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construction, reconstruction, repair, maintenance and
2
operation of the system.
3
property shall be borne by the district; and
(10)
4
5
Any damage that may occur to the
provide transportation services outside
the boundaries of the district.
B.
6
After the creation of a district, the board may
7
include property within or exclude property from the
8
boundaries of the district in the manner provided in this
9
section.
Property shall not be included within the
10
boundaries of the district unless it is within the boundaries
11
of the members of the combination at the time of the
12
inclusion.
13
governmental unit that is not a member of the combination as
14
the boundaries of the governmental unit exist on the date the
15
property is included shall not be included without the
16
consent of the governing body of the governmental unit.
17
Prior to inclusion of property in or exclusion of property
18
from the boundaries of the district, the board shall cause
19
notice of the proposed inclusion or exclusion to be published
20
in a newspaper of general circulation within the boundaries
21
of the district and cause the notice to be mailed to the
22
commission.
23
24
25
Property located within the boundaries of a
The notice shall:
(1)
describe the property to be included in
or excluded from the boundaries of the district;
(2)
specify the date, time and place at
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which the board shall hold a public hearing on the proposed
2
inclusion or exclusion; provided that the date of the public
3
hearing contained in the notice shall be not less than twenty
4
days after publication of the notice; and
(3)
5
state that persons having objections to
6
the inclusion or exclusion may appear at the public hearing
7
to object to the proposed inclusion or exclusion.
C.
8
9
The board shall hear all objections to the
proposed inclusion or exclusion at the time and place
10
designated in the notice.
11
vote of two-thirds of the directors, may adopt a resolution
12
including or excluding all or a portion of the property
13
described in the notice.
14
resolution, the property shall be included within or excluded
15
from the boundaries of the district as set forth in the
16
resolution.
17
amending the district's enabling contract.
18
file the resolution with the commission, who shall cause the
19
resolution to be recorded in the real estate records of each
20
county having territory included in the boundaries of the
21
district.
22
23
Upon the adoption of the
The board may adopt the resolution without
Section 7.
A.
The board, upon the affirmative
The board shall
TOLL COLLECTION.--
A district may promulgate rules regarding
24
collection of fees, tolls, rates or charges.
25
law enforcement authorities may enter into traffic and toll
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enforcement agreements with a district.
2
B.
A person who fails to pay a fee, toll, rate or
3
charge required for the privilege of traveling on or using
4
property included in a regional transit system may be
5
assigned a fine of not more than one hundred fifty dollars
6
($150) or not less than fifty dollars ($50.00).
7
magistrate or metropolitan court where the offense took place
8
shall have jurisdiction over actions brought pursuant to this
9
subsection.
10
Section 8.
A.
11
The
BONDS.--
A district may issue bonds solely for the
12
purpose of financing the purchase, construction, renovation,
13
equipping or furnishing of a regional transit system project.
14
The district shall issue the bonds pursuant to resolution of
15
the board, and the bonds shall be payable solely out of all
16
or a specified portion of the revenues as designated by the
17
board. Proceeds of the bonds may be used to pay expenses
18
incurred in the preparation, issuance and sale of the bonds.
B.
19
As provided in the resolution of the board
20
under which the bonds are authorized to be issued, the bonds
21
shall:
22
23
24
25
(1)
be executed and delivered by the
(2)
be in a form and denomination and
district;
include terms and maturities;
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2
(3)
redemption prior to maturity with or without a premium;
(4)
3
4
be subject to optional or mandatory
be in fully registered form or bearer
form registrable as to principal or interest or both;
5
(5)
bear conversion privileges;
6
(6)
be payable in installments and at a time
7
not exceeding forty years from the date of issuance;
8
(7)
be payable within or outside the state;
9
(8)
have the principal paid in yearly
10
amounts beginning not later than two years from the date of
11
issuance of the bonds;
(9)
12
13
be subject to purchase at the option of
the holder or the district;
(10)
14
be executed by the officers of the
15
district, including the use of one or more facsimile
16
signatures so long as at least one manual signature appears
17
on the bonds, which signatures may be either of an officer of
18
the district or of an agent authenticating the same;
(11)
19
be in the form of coupon bonds that
20
have attached interest coupons bearing a manual or facsimile
21
signature of an officer of the district; and
(12)
22
be sold at a net effective interest
23
rate not exceeding the maximum net effective interest rate
24
permitted by the Public Securities Act.
25
C.
Bonds may be sold at public or private sale at
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a
2
and the board may pay all fees, expenses and commissions that
3
it deems necessary or advantageous in connection with the
4
sale of the bonds.
5
bonds, receive bids or proposals, award and sell bonds, fix
6
interest rates and take all other action necessary to sell
7
and deliver the bonds may be delegated to an officer or agent
8
of the district.
9
district as provided in the Public Securities Act.
price, in a manner and at a time determined by the board,
D.
10
The power to fix the date of sale of the
Outstanding bonds may be refunded by the
A resolution authorizing the issuance of bonds
11
may pledge all or a portion of the revenues of the district,
12
may contain a provision for protecting and enforcing the
13
rights and remedies of holders of the bonds as the district
14
deems appropriate, may set forth the rights and remedies of
15
the holders of the bonds and may contain provisions that the
16
district deems appropriate for the security of the holders of
17
the bonds.
18
E.
A pledge of revenues or property made by a
19
district or by a person or governmental unit with which a
20
district contracts shall be valid and binding from the time
21
the pledge is made.
22
shall immediately be subject to the lien of the pledge
23
without a physical delivery or further act, and the lien of
24
the pledge shall be valid and binding against all parties
25
having claims in tort or contract or otherwise against the
The revenues or property so pledged
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pledging party, irrespective of whether the claiming party
2
has notice of the lien.
3
F.
Neither the directors of the board, employees
4
of the district or a person executing the bonds shall be
5
liable personally on the bonds or subject to personal
6
liability or accountability by reason of the issuance of the
7
bonds.
G.
8
A district may purchase its bonds out of
9
available funds and may hold, pledge, cancel or resell the
10
bonds subject to and in accordance with agreements with the
11
holders.
12
H.
Bonds shall be payable solely from pledgeable
13
revenue and shall not constitute an indebtedness or general
14
obligation of the district, the state or other political
15
subdivisions of the state.
16
17
18
I.
The form and terms of bonds shall be approved
by the state board of finance before issuance of the bonds.
Section 9.
AGREEMENT OF THE STATE NOT TO LIMIT OR ALTER
19
RIGHTS OF OBLIGEES.--The state pledges and agrees with the
20
holders of bonds issued under the Regional Transit District
21
Act and with those parties who enter into contracts with a
22
district or a member of a combination pursuant to the
23
Regional Transit District Act that the state will not impair
24
the rights vested in the district or the rights or
25
obligations of a person with which the district contracts to
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fulfill the terms of an agreement made pursuant to the
2
Regional Transit District Act.
3
it will not impair the rights or remedies of the holders of
4
the bonds of a district until the bonds have been paid or
5
until adequate provision for payment has been made.
6
district may include this provision and undertaking for the
7
state in bonds.
8
9
Section 10.
The state further agrees that
A
INVESTMENTS.--A board may invest or deposit
funds in accordance with the prudent investor rule set forth
10
in the Uniform Prudent Investor Act.
11
investment management services to invest the funds and may
12
pay reasonable compensation for investment management
13
services from the assets of the applicable funds.
14
shall keep accurate and complete records and accounts
15
concerning the investment portfolio.
16
Section 11.
The board may employ
The board
EXEMPTION FROM TAXATION.--The income or
17
other revenues of a district, all properties at any time
18
owned by a district, all bonds issued by a district and the
19
income from the bonds issued by a district are exempt from
20
taxation in the state.
21
Section 12.
22
23
COOPERATIVE POWERS.--A district may
cooperate with a person to:
A.
accept legitimate contributions or liens
24
securing obligations of the district from the person with
25
respect to the financing, construction, operation or
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maintenance of a regional transit system and, in connection
2
with a loan or advance, enter into contracts establishing the
3
repayment terms;
4
B.
enter into contracts regarding the financing,
5
construction, operation or maintenance of a specified
6
regional transit system;
7
C.
8
9
10
11
enter into joint operating contracts concerning
a regional transit system;
D.
acquire easements or rights of way for a
regional transit system; and
E.
designate a regional transit system as part of
12
the state highway system, a county highway system or a
13
municipal highway system if the person with jurisdiction over
14
the applicable highway system consents to the designation.
15
Section 13.
POWERS OF GOVERNMENTAL UNITS.--A
16
governmental unit, for the purpose of aiding the financing,
17
construction, operation or maintenance of a regional transit
18
system, may:
19
A.
sell, lease, loan, donate, grant, convey,
20
assign, transfer and otherwise dispose to the district real
21
or personal property or interests therein;
22
B.
enter into agreements with a person for the
23
joint financing, construction, operation or maintenance of a
24
regional transit system.
25
constitutional or charter limitations, the governmental unit
Upon compliance with applicable
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1
may agree to make payments, without limitation as to amount
2
except as set forth in the agreement, from revenues received
3
from one or more fiscal years, to the district or a person to
4
defray the costs of the financing, construction, operation or
5
maintenance of a regional transit system; and
6
C.
transfer to the district a contract that may
7
have been awarded by the governmental unit for construction,
8
operation or maintenance of a regional transit system.
9
10
Section 14.
A.
NOTICE--OPPORTUNITY FOR COMMENT.--
At least forty-five days prior to a meeting at
11
which the board shall consider or take action on a proposal
12
to request, establish, increase or decrease a rate, toll, fee
13
or charge, the board shall deliver written notice of the
14
meeting and proposal to a governmental unit where the
15
proposed rate, toll, fee or charge will be imposed.
16
affected governmental unit shall be afforded a reasonable
17
opportunity for comment, either at a regular meeting of the
18
board or at a special meeting convened to receive comment.
19
B.
The
At least seven business days prior to a
20
regularly scheduled meeting, the board shall make available
21
to the public written or electronic notice of the time and
22
agenda of the meeting.
23
meeting a public comment period and shall offer the public an
24
opportunity to comment.
25
Section 15.
The board shall designate during each
NOTICE--COORDINATION OF INFORMATION.--
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1
A.
At least forty-five days prior to the
2
imposition of or an increase in a rate, toll, fee or charge
3
or prior to the issuance of bonds as authorized in the
4
Regional Transit District Act, a notice specifying the amount
5
of the fee, toll, rate or charge and its proposed duration or
6
the value and number of bonds to be issued shall be sent to
7
the commission and to the taxation and revenue department.
B.
8
9
The commission shall file an annual report with
the state auditor concerning the activities of all active
10
districts.
11
been created, describe their boundaries and specify the
12
regional transit systems that are being provided and how they
13
are being financed.
14
15
16
17
18
The report shall detail how many districts have
Section 16.
TAXATION.--A district has no direct
taxation authority.
Section 17.
ADDITION OR WITHDRAWAL OF TERRITORY BY A
DISTRICT.-A.
After the creation of a district, a
19
governmental unit adjacent to but not part of that district
20
may join the district and determine the territorial area to
21
become a part of that district.
22
vote by the board shall be required before the governmental
23
unit may join the district.
24
25
B.
A two-thirds affirmative
A governmental unit that is a member of a
district may withdraw from the district by adopting a
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1
resolution to withdraw.
2
its representative from the board.
3
the district within the boundaries of the withdrawing
4
governmental unit shall remain the property of the district.
5
The provisions of withdrawal shall be negotiated and agreed
6
to by the board, the governmental unit and the commission.
7
Section 18.
The governmental unit shall withdraw
Real property owned by
MATCHING FUNDS.--The local government
8
members of a combination shall match at least one dollar
9
($1.00) for every four dollars ($4.00) provided by the state.
10
Before a district is able to receive state matching funds, it
11
must be certified by the commission pursuant to Section 4 of
12
the Regional Transit District Act.
13
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15
16
17
18
19
20
21
22
23
24
25
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260
Attachment 28: NCRTD First Year Budget
North Central Regional Transit District
Proposed Administration Budget: First Year – 12 Months
NonRecurring
Recurring
SALARIES
Executive Director
Planner
Office Manager
Total
70,000
60,000
35,000
TOTAL
165,000
Cost of the service plan for transit operations is covered by the personnel cost of planner.
FRINGE BENEFITS
Fringe Benefits @ 33%
54,450
TOTAL
54,450
PROFESSIONAL SERVICES
7,500
7,500
3,000
2,000
Legal
Financial
Computer
Other
TOTAL
20,000
MATERIALS AND SUPPLIES
5,000
Office Supplies
Office Equipment
Furniture
Printing
Postage
30,000
4,000
3,000
2,500
TOTAL
10,500
34,000
15,000
TELEPHONE AND UTILITIES
TOTAL
15,000
INSURANCE
10,000
5,000
General Liability
Officers and Directors
TOTAL
15,000
CONTRACTS AND LEASES
15,000
Office Rent
TOTAL
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15,000
261
June 2005
North Central Regional Transit District
Proposed Administration Budget: First Year – 12 Months
MISCELLANEOUS
4,000
2,000
4,000
10,000
1,200
Dues and Subscriptions
Board Reimbursements
Travel
Marketing
Miscellaneous
TOTAL
21,200
316,150
34,000
350,150
11 Month Budget
289,804
34,000
323,804
10 Month Budget
263,458
34,000
297,458
9 Month Budget
237,113
34,000
271,113
TOTAL BUDGET
12/2/03 Revision
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June 2005