reglab/housing_qa huggingface dataset:
NM Stat § 3-14-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-6 - Commission-manager; districts for selection of 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. For all municipalities having a population in excess of ten thousand, a commissioner shall reside in and be elected from each district; provided that the governing body of a municipality having a population of ten thousand or less may provide for single-member districts as provided in this section. B. The governing body of the municipality may redistrict the municipality whenever redistricting is warranted. Upon petition signed by qualified electors equal in number to the votes cast for the commissioner receiving the greatest number of votes at the last regular municipal election, the governing body of the municipality shall redistrict the municipality. History: 1953 Comp., § 14-13-6, enacted by Laws 1965, ch. 300; 1985, ch. 203, § 3. ANNOTATIONSThe 1985 amendment substituted the last sentence in Subsection A for the former last sentence which read, "A commissioner shall be elected for each district but shall be voted on at large". Section inapplicable to home rule municipality. — This section is not applicable to a home rule municipality to deny it the power to provide for a different number of city commissioners than otherwise proscribed because the composition of a municipal government is a matter of local, not statewide concern, and to construe otherwise would frustrate the purpose of the home rule amendment, N.M. Const., art. X, § 6. State ex rel. Haynes v. Bonem, 1992-NMSC-062, 114 N.M. 627, 845 P.2d 150.
NM Stat § 3-14-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-7 - Repealed.

History: 1953 Comp., § 14-13-7, enacted by Laws 1965, ch. 300; repealed by Laws 2018, ch. 79, § 175.ANNOTATIONSRepeals. — Laws 2018, ch. 79, § 175 repealed 3-14-7 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to commission-manager, candidates for office, write-in ballots, effective July 1, 2018. For provisions of former section, see the 2017 NMSA 1978 on NMOneSource.com.
NM Stat § 3-14-9 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-9 - Vacancies in commission.

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 unexpired term, if any. History: 1953 Comp., § 14-13-9, enacted by Laws 1965, ch. 300; 1973, ch. 129, § 2; 1985, ch. 208, § 112; 2018, ch. 79, § 57. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, removed the provision giving the chairman, with the consent of the governing body, or the governing body the authority to call a special election for the purpose of filling a vacancy in the commission; deleted subsection designation "A." and in former Subsection A, after "next regular", deleted "municipal" and added "local", and after "election", deleted "or any special election called in accordance with Subsection B of this section"; and deleted former Subsection B. Temporary provisions. — Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act. The 1985 amendment added the second sentence of Subsection B.
NM Stat § 3-14-10 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-10 - Commission-manager; selection of mayor; duties.

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 removal from office. The mayor shall preside at all meetings of the commission and perform other duties, consistent with his office, as imposed by the commission. The mayor has all powers and duties of a commissioner, including the right to vote upon all questions considered by the commission. He is the official head of the municipality for all ceremonial purposes, for the purpose of civil process and for military purposes. During his absence or disability, his duties shall be performed by another member of the commission, appointed by a majority of the commission and designated as mayor pro tem. History: 1953 Comp., § 14-13-10, enacted by Laws 1965, ch. 300.
NM Stat § 3-14-11 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-11 - Commission meetings; disclosure.

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. ANNOTATIONSCross references. — For meeting of public bodies to be open to public, see 10-15-1 to 10-15-4 NMSA 1978.
NM Stat § 3-14-12 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-12 - Powers vested in commission; duties of commission.

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; and (3) in addition to the office of manager, create all offices necessary for the proper carrying on of the work of the municipality. B. The commission shall appoint a manager and shall hold him responsible for the proper and efficient administration of the municipal government. History: 1953 Comp., § 14-13-12, enacted by Laws 1965, ch. 300. ANNOTATIONSMinimum wage for city employees. — If the commission desires to enact a minimum wage ordinance for city employees, or perhaps delegate the authority to establish wage rates to its manager, keeping in mind its budget and revenue, it would be acting within its powers, but it may not lawfully delegate this authority to some outsider over whom it has no supervision or control. Adams v. City of Albuquerque, 1957-NMSC-006, 62 N.M. 208, 307 P.2d 792. New administrative departments may be created by either ordinance or resolution. 1957 Op. Att'y Gen. No. 57-126. Cooperative agreements. — The city and county may enter into an agreement to cooperate in sponsoring a watershed protection and flood prevention program. 1956 Op. Att'y Gen. No. 56-6522. Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 181, 185, 186. 62 C.J.S. Municipal Corporations §§ 150, 151, 208, 355.
NM Stat § 3-14-13 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-13 - Manager; employment; qualifications; salary.

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 selection shall not be limited by reason of former residence. The manager shall receive a salary to be fixed by the commission. History: 1953 Comp., § 14-13-13, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For appointment of manager, see 3-13-3 NMSA 1978. Mayor is empowered to discharge a city manager but only with the city council's approval. 1987 Op. Att'y Gen. No. 87-69. Municipal manager is not public officer of municipality for purposes of N.M. Const., art. V, § 13. 1979 Op. Att'y Gen. No. 79-28. Procedure governing removal. — This section, in providing that the manager shall be employed for an indefinite term and shall hold office until, among other things, he is removed by the commission, is tantamount to saying that the manager holds office at the pleasure of the commission and so is not entitled as a matter of law to notice and hearing prior to removal. However, if the commission so desires, nothing prohibits the commission from establishing some sort of procedure governing removal. 1957 Op. Att'y Gen. No. 57-126. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 186. Liability for acts or omissions of city manager, 38 A.L.R. 1412. Constitutionality of city manager form of government, 67 A.L.R. 737. Prohibition to control administrative officers in matters relating to contracts, 115 A.L.R. 22, 159 A.L.R. 627.
NM Stat § 3-14-14 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-14 - Manager; duties; attendance at meetings; budget.

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 to the commission on all matters concerning the welfare of the municipality. B. The manager shall have a seat, but no vote, at every meeting of the commission. Except when clearly undesirable or unnecessary, the commission shall request the opinion of the manager on any proposed measure. History: 1953 Comp., § 14-13-14, enacted by Laws 1965, ch. 300. ANNOTATIONSManager's authority to discharge does not supersede mayor's and council's. — There is nothing in this section to indicate that the mayor's and/or city council's authority to discharge and employ under 3-11-6D NMSA 1978 is superseded by the city manager's authority to discharge persons in administrative service. Sanchez v. City of Belen, 1982-NMCA-070, 98 N.M. 57, 644 P.2d 1046, cert. denied, 98 N.M. 336, 648 P.2d 794. Power to hire or fire. — Subsection (A)(2) of this section does not supersede the mayor's or city council's power to hire or discharge an employee. 1987 Op. Att'y Gen. No. 87-69. Employees in "administrative service" may be properly defined to include all city employees in nonexempt status, and to specifically exclude all appointed officers of the city. 1987 Op. Att'y Gen. No. 87-69. Municipal manager is not public officer of municipality for purposes of N.M. Const., art. V, § 13. 1979 Op. Att'y Gen. No. 79-28. Sole authority to hire and fire personnel. — This section recognizes the manager as the chief administrative officer of a city under the commission-manager form of government, responsible only to the commission who may discharge him at will. Sole authority to hire and fire the personnel of the city is vested in the manager, without concurrence of the commission. 1957 Op. Att'y Gen. No. 57-126. Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 185. 62 C.J.S. Municipal Corporations §§ 370, 391, 392, 394 to 405.
NM Stat § 3-14-15 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-15 - Commissioner-manager; departments; directors.

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. 300.
NM Stat § 3-14-18 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-18 - Commission-manager; initiative; failure of commission to 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 voters who voted at the previous regular municipal election, whichever is the greater, any measure may be proposed to the commission for enactment within thirty days of the date of verification of the petition. If the commission: (1) fails to act; (2) acts adversely; or (3) amends the proposed measure, the commission shall, within ten days of the expiration of the thirty day period, adopt an election resolution calling for the holding of a special election within ninety days of the expiration of the thirty day period for the purpose of submitting the measure to the electorate. B. The ballot shall contain the proposed measure and the measure as amended, if the commission amends the proposed measure. After each measure there shall be printed the words: "For", and "Against", followed by spaces for marking the ballot with a cross or check or other mark necessary for proper counting of the ballot, in order to cast a vote for the phrase desired. C. The measure receiving a majority of the votes cast on that measure in its favor is adopted. If each measure receives a majority of votes cast on that measure in its favor, the measure receiving the greatest number of votes cast in its favor is adopted. History: 1953 Comp., § 14-13-18, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 114. ANNOTATIONSThe 1985 amendment substituted "verification of the petition" for "filing of the petition" at the end of the first sentence in the introductory paragraph of Subsection A, substituted "the commission shall, within ten days of the expiration of the thirty-day period, adopt an election resolution calling for the holding of a special election within ninety days of the expiration of the thirty-day period for the purpose of submitting" for "the commission shall call a special election in not less than thirty days nor more than sixty days for the purpose of submitting" in Subsection A(3), and substituted "followed by spaces for marking the ballot with a cross or check or other mark necessary for proper counting of the ballot, in order to cast the vote for the phrase desired" for "with spaces for crosses after each word" near the end of Subsection B. Am. Jur. 2d, A.L.R. and C.J.S. references. — 42 Am. Jur. 2d Initiative and Referendum §§ 7, 9 et seq. 62 C.J.S. Municipal Corporations §§ 311 to 327.
NM Stat § 3-15-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-1 - Short title.

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. ANNOTATIONSRepeals. — Laws 1971, ch. 118, § 1, repealed former 14-14-1, 1953 Comp., relating to permission for any incorporated municipality to adopt a charter, and enacted a new section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 51 to 53. Mistake in reference in statute to municipal charter, 5 A.L.R. 1010, 14 A.L.R. 274. Power of city under freeholders' charter over taxes, 35 A.L.R. 883. Injunctive relief against submission of constitutional amendment, statute, municipal charter or municipal ordinance, on ground that proposed action would be unconstitutional, 19 A.L.R.2d 519. 62 C.J.S. Municipal Corporations §§ 81 to 97.
NM Stat § 3-15-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-2 - Qualified electors may adopt charter.

The qualified electors of a municipality who wish to be governed pursuant to Article 10, Section 6 of the constitution of New Mexico may adopt, amend or repeal a charter pursuant to the Municipal Charter Act. History: 1953 Comp., § 14-14-1.1, enacted by Laws 1971, ch. 118, § 2. ANNOTATIONSUnincorporated county not entitled to home rule charter. — The Municipal Charter Act is specific in its use of the term "incorporated county" in its definition of "municipality" for home rule charter (see 3-15-3 NMSA 1978), indicating that the legislature intended to include as "incorporated counties" only counties organized as full-fledged corporations. Einer v. Rivera, 2015-NMCA-045, cert. denied, 2015-NMCERT-003. Where petitioner sought to have the San Miguel county commission appoint a charter commission providing for "home rule" government of the county, San Miguel county is not an incorporated county under the Municipal Charter Act, and therefore San Miguel county does not fall within the definition of "municipality" and is not entitled to home rule charter. Einer v. Rivera, 2015-NMCA-045, cert. denied, 2015-NMCERT-003. Necessary condition for submission of charter to electorate. — Approval of a proposed charter by the governing body of the municipality is a necessary condition to submitting the proposed charter to the electorate for adoption. 1979 Op. Att'y Gen. No. 79-24.
NM Stat § 3-15-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-3 - Definitions.

As used in the Municipal Charter Act, "municipality" means any incorporated city, town, village or county, whether incorporated under general act, special act or constitutional provision. History: 1953 Comp., § 14-14-1.2, enacted by Laws 1971, ch. 118, § 3. ANNOTATIONS"Incorporated county" construed. — The Municipal Charter Act is specific in its use of the term "incorporated county" in its definition of "municipality" for home rule charter, indicating that the legislature intended to include as "incorporated counties" only counties organized as full-fledged corporations. Einer v. Rivera, 2015-NMCA-045, cert. denied, 2015-NMCERT-003. Where petitioner sought to have the San Miguel county commission appoint a charter commission providing for "home rule" government of the county, San Miguel county is not an incorporated county under the Municipal Charter Act, and therefore San Miguel county does not fall within the definition of "municipality" and is not entitled to home rule charter. Einer v. Rivera, 2015-NMCA-045, cert. denied, 2015-NMCERT-003.
NM Stat § 3-15-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-4 - Petition; submission to voters; frequency of elections; withdrawal of signatures.

Upon petition signed by five percent of the qualified electors of the municipality, the presiding officer of the governing body of the municipality shall by proclamation submit to the qualified electors of the municipality the question of adopting a charter for the municipality under the Municipal Charter Act, at a special election to be held at a specified time, and within sixty days after the charter provided for in Section 3-15-5 NMSA 1978 has been prepared and filed with the clerk of the municipality. If the charter is not adopted at the special election, the question of adopting a charter under the Municipal Charter Act shall not be resubmitted to the voters of the municipality for two years thereafter. No elector who has signed the petition shall be permitted to withdraw his name after the petition has been filed with the clerk of the municipality except where his signature has been procured by fraud. History: 1953 Comp., § 14-14-2, enacted by Laws 1965, ch. 300; 1971, ch. 118, § 4. ANNOTATIONSCross references. — For examinations of signatures, purging and judicial review of petitions, see 3-1-5 NMSA 1978. Necessary condition for submission of charter to electorate. — Approval of a proposed charter by the governing body of the municipality is a necessary condition to submitting the proposed charter to the electorate for adoption. 1979 Op. Att'y Gen. No. 79-24.
NM Stat § 3-15-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-5 - Charter commission; appointment; number; qualifications; duties.

Within five days after the filing of the petition, the presiding officer of the governing body shall appoint a charter commission or the governing body of a municipality may appoint a charter commission upon its own initiative at any time. The charter commission shall consist of not less than seven members, no more than a simple majority shall belong to the same political party. The charter commission shall prepare a charter providing for the government of the municipality and shall complete the proposed charter and file it with the clerk of the municipality within one hundred eighty days from the date of its appointment. The commission shall select its own chairman. History: 1953 Comp., § 14-14-3, enacted by Laws 1965, ch. 300; 1971, ch. 118, § 5.
NM Stat § 3-15-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 15 - Municipal Charters|Section 3-15-6 - Gratuitous service by committee; expenses.

The electors shall serve without pay and may expend money for such items as clerical help and stationery in the amount allowed by the municipality. History: 1953 Comp., § 14-14-4, enacted by Laws 1965, ch. 300.