Chapter 3 — Chapter 3

History: 1953 Comp., § 14-8A-10, enacted by Laws 1973, ch. 375, § 10; 1978 Comp., § 3-9-10, recompiled as 1978 Comp., § 3-9-9 by Laws 1985, ch. 208, § 97; 1995, ch. 200, § 8; 1999, ch. 278, § 32; repealed by Laws 2018, ch. 79, § 175.

A. The elective officers of a municipality having a mayor-council form of government are: (1) one mayor; (2) the members of the governing body; and (3) a municipal judge. B. The elective officers of a municipality having a commission-manager form of government are: (1) five commi…

A. Any officer elected or appointed to any municipal office shall take an oath or affirmation to support the constitution of the United States, the constitution and laws of New Mexico and to faithfully perform the duties of his office. B. For the care and disposition of municipal…

compensation. A noncharter municipality may provide by ordinance for the compensation of the mayor and other individual members of the governing body. History: 1953 Comp., § 14-9-3, enacted by Laws 1971, ch. 194, § 1; 1995, ch. 119, § 1.

History: 1953 Comp., § 14-9-4.1, enacted by Laws 1977, ch. 78, § 1; repealed by Laws 2011, ch. 138, § 14.

History: 1953 Comp., § 14-9-5, enacted by Laws 1965, ch. 300; repealed by Laws 2011, ch. 138, § 14.

Any mayor or member of the governing body of a municipality who receives payment for services rendered by him, contrary to law, is guilty of a misdemeanor. The fine shall be paid into the general fund of the municipality. History: 1953 Comp., § 14-9-6, enacted by Laws 1965, ch. 3…

jurisdiction of district court; hearing; serving notice. Any person elected or appointed to an elective office of a municipality may be removed for malfeasance in office by the district court upon complaint of the mayor or governing body of the municipality. Any such officer is e…

Any officer who vacates his office shall forthwith deliver to his successor all money, records, property or other things in his charge and belonging to the municipality. History: 1953 Comp., § 14-9-9, enacted by Laws 1965, ch. 300. ARTICLE 11 Mayor-Council Municipality; Mayor

A. The provisions of Sections 3-11-1 through 3-11-7 NMSA 1978 are applicable only to those municipalities governed under the mayor-council form of government and that have not elected to be governed under the commission-manager form of government. B. In the event that a home rule…

In case of the death, disability, resignation or change of residence from the municipality of the mayor, the governing body shall appoint a qualified elector to fill the vacancy of the office of the mayor by a majority vote of the members of the governing body that are present; p…

vote; quorum. A. The mayor of a municipality is the presiding officer of the governing body and shall constitute a member of the governing body for purposes of determining whether a quorum exists. B. In all municipalities, the mayor shall vote only when there is a tie vote betwee…

The mayor is the chief executive officer and shall: A. enforce the ordinances and regulations of the municipality; B. exercise within the municipality the authority, indirectly through the use of police personnel, to suppress disorders and keep the peace; and C. perform other dut…

after election. A. After each regular local election or municipal officer election, the governing body shall hold an organizational meeting no earlier than fifteen days but no later than twenty-one days after the newly elected officials begin their terms. Such a meeting may const…

employees. A. Subject to the approval of a majority vote of all members of the governing body, the mayor shall: (1) appoint all officers and employees except those holding elective office; and (2) designate an employee to perform any service authorized by the governing body. B. T…

The mayor shall sign all commissions, licenses and permits granted by the governing body and other acts that the law or ordinances may require, or the commissions, licenses and permits may be authenticated as authorized pursuant to the: A. Uniform Facsimile Signature of Public Of…

A. A vacancy on the governing body of a mayor-council municipality shall be filled by appointment of a qualified elector by the mayor of the municipality, with the advice, the consent and a majority vote of the members of the governing body that are present; provided that the gov…

residency. Except as provided in Section 3-12-2 NMSA 1978, members of governing bodies, excluding mayors, of municipalities having a population in excess of ten thousand shall reside in and be elected from single-member districts. If any member of the governing body permanently r…

members of a governing body and boards of trustees; quorum; recusal. A. The corporate authority of a municipality is vested in the governing body that shall constitute the legislative branch of the municipality and shall not perform any executive functions except those functions …

members. A. The number of members of the governing body or board of trustees of a municipality having a mayor-council form of government may be changed as set forth in this section; provided such number shall not be less than or more than that number specified in Subsection E of …

A. The governing body of a municipality having a mayor-council form of government shall: (1) elect one of its members to act as mayor pro tem in the absence of the mayor; (2) possess all powers granted by law and other municipal powers not conferred by law or ordinance on another…

offices. A. The governing body of each municipality shall provide for the office of clerk, treasurer and police officer. The offices of clerk and treasurer may be combined and one person appointed to perform both functions. B. The governing body may also provide for the office of…

A. The clerk of the municipality shall: (1) keep in custody all minutes, ordinances and resolutions approved by the governing body; (2) attend all meetings of the governing body; (3) record all proceedings, ordinances and resolutions of the governing body; and (4) upon request, f…

A. The police officer of a municipality shall: (1) execute and return all writs and process as directed by the municipal judge of the municipality employing the police officer; (2) execute and return all criminal process as directed by the municipal judge of any incorporated muni…

The governing body of any municipality having a population of one thousand or more persons may provide for a manager either by ordinance or by an election to be called by the governing body upon the filing of a petition containing the signatures of at least ten percent of the reg…

constitute part of an employment contract. A. Any municipality may establish by ordinance a merit system for the hiring, promotion, discharge and general regulation of municipal employees. The ordinance may contain reasonable restrictions or prohibitions on political activities w…

three thousand. Any municipality having a population of three thousand or more persons according to the last federal census or any other official census may be organized and governed as a commission-manager municipality if the qualified electors of the municipality elect to be go…

At the first meeting of the new commission after each election, or as soon thereafter as practical, the commissioners shall select one of their number as mayor to act for two years, or until a successor is selected and qualified, unless sooner removed by death, resignation or rem…

The commission shall meet at least twice each month. Meetings shall be open to the public and the official records of the meetings shall be open to inspection at all times. History: 1953 Comp., § 14-13-11, enacted by Laws 1965, ch. 300.

A. All powers of the municipality are vested in the commission. The commission shall: (1) pass all ordinances and other measures conducive to the welfare of the municipality; (2) perform all acts required for the general welfare of the municipality; (3) in addition to the office …

The manager shall be the chief administrative officer. He shall be employed for an indefinite term and until a vacancy is created by death, resignation or removal by the commission. The manager shall be appointed solely on the basis of administrative qualifications and his select…

A. The manager shall: (1) enforce and carry out all ordinances, rules and regulations enacted by the commission; (2) employ and discharge all persons engaged in the administrative service of the municipality; (3) prepare and submit an annual budget; and (4) make recommendations t…

The administration of the affairs of the municipality shall be divided into as many departments as may be deemed desirable by the commission. Each department shall be under the charge of a person employed by the manager. History: 1953 Comp., § 14-13-15, enacted by Laws 1965, ch. …

A. In any commission-manager municipality, any elective executive or commissioner is subject to a recall election for malfeasance in office, misfeasance in office or a violation of oath of office based upon acts or failures to act occurring during the current term of the official…

election; effect; repeal of emergency measure. A. If within thirty days following the adoption of an ordinance or resolution, a petition, signed by the qualified electors in a number more than twenty percent of the average number of voters who voted at the previous four regular m…

adopt; election. A. In any commission-manager municipality, upon petition, signed by the qualified electors in a number more than twenty percent of the average number of voters who voted at the previous four regular municipal elections or more than twenty percent of the number of…

A. Within ten days of the verification of a petition submitted to the municipal clerk and signed by thirty percent of the qualified electors of the municipality, the commission shall adopt an election resolution calling for the holding of a special election to vote on the questio…

A. Upon petition signed by qualified electors, not less in number than fifteen percent of the votes cast for the office of mayor at the last regular municipal election, filed with the municipal clerk and verified by the municipal clerk to contain a sufficient number of legal sign…

recording; affirmative vote; organization. After the results of the election have been canvassed, the governing body shall certify the results to the municipal clerk and they shall be recorded in the minutes book of the municipality. If a majority of the votes cast on the questio…

Municipalities electing to be governed under the commission-manager form of government shall be governed as provided in Sections 3-14-1 through 3-14-19 NMSA 1978. History: 1953 Comp., § 14-13-4, enacted by Laws 1965, ch. 300.

powers. Any municipality electing to be governed under the commission-manager form of government shall retain its present boundary except as it may be altered as authorized by statute and shall possess all powers granted by the constitution and statutes of New Mexico to other mun…

commissioners; redistricting. A. The governing body of a municipality organizing under the commission-manager form of government shall district the municipality into five commissioner districts. Each district shall be compact in area and equal in population, as nearly as possible…

History: 1953 Comp., § 14-13-7, enacted by Laws 1965, ch. 300; repealed by Laws 2018, ch. 79, § 175.

A. Within ten days after the adoption of the commission-manager form of government, the governing body shall adopt an election resolution calling for the holding of an election for the purpose of electing five commissioners at the first regular or local or general election follow…

If a vacancy occurs in the commission, the remaining elected and appointed commissioners shall, by a majority vote, appoint a qualified elector to fill the vacancy until the next regular local election, at which time a qualified elector shall be elected to fill the remaining unex…

Sections 3-15-1 through 3-15-16 NMSA 1978 may be cited as the "Municipal Charter Act." History: 1953 Comp., § 14-14-1, enacted by Laws 1971, ch. 118, § 1.

of adoption. All qualified electors residing within the municipality shall be qualified to vote at the special election held under the Municipal Charter Act, and the vote shall be by separate ballots, one of which shall be: "In favor of adoption of charter [ ]"; and the other: "A…

In case the charter is adopted pursuant to Section 3-15-10 NMSA 1978, it shall be the duty of the presiding officer of the governing body of the municipality to issue a proclamation calling a special election for the election of such elective officers as may be provided for in th…

In case of adoption of a charter under the provisions of Sections 3-15-1 through 3- 15-16 NMSA 1978, the presiding officer of the governing body of the municipality shall transmit to the secretary of state a duly enrolled and engrossed copy of the charter, which shall be authenti…

interpretation. A. A municipality organized under the provisions of the Municipal Charter Act shall be governed by the provisions of the charter adopted pursuant to that act, and no law relating to municipalities inconsistent with the provisions of the charter shall apply to any …