reglab/housing_qa huggingface dataset:
NM Stat § 3-11-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 11 - Mayor-Council Municipality; Mayor|Section 3-11-2 - Mayor; vacated office; appointment by governing body.

In case of the death, disability, resignation or change of residence, from the municipality, of the mayor, the governing body shall appoint by majority vote a qualified elector to fill the vacancy for the unexpired term of office. History: 1953 Comp., § 14-10-2, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For election of mayor pro tem by governing body in the absence of the mayor, see 3-12-3 NMSA 1978. Office of mayor is not vacant so long as present mayor retains authority to conduct the affairs of that office. 1969 Op. Att'y Gen. No. 69-106. The fact that a mayor may have tendered to the city council a prospective resignation effective at a future date does not compromise or defeat his legal authority to act as mayor until that date. 1969 Op. Att'y Gen. No. 69-106. When successor to resigning mayor acquires authority. — Although the city council may choose the successor to a resigning mayor before the effective date of the present mayor's resignation, the successor does not acquire any authority or power by way of that selection and may not assume such power or authority until the office becomes vacant. 1969 Op. Att'y Gen. No. 69-106. A resigning mayor may not appoint his successor. 1969 Op. Att'y Gen. No. 69-106. Members of the city council possess the authority to select a resigning mayor's successor. 1969 Op. Att'y Gen. No. 69-106. Resigning mayor authorized to cast tie-breaking vote. — Since it is contemplated that the city council's action in selecting a resigning mayor's successor would be taken before the effective date of the former's resignation, the resigning mayor would be authorized to cast a deciding vote in the event of a tie on the choice of a successor. 1969 Op. Att'y Gen. No. 69-106.
NM Stat § 3-11-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 11 - Mayor-Council Municipality; Mayor|Section 3-11-3 - Mayor; presiding officer of governing body; limitation on vote.

The mayor of a municipality is the presiding officer of the governing body. In all municipalities the mayor shall vote only when there is a tie vote. History: 1953 Comp., § 14-10-3, enacted by Laws 1965, ch. 300. ANNOTATIONSDischarge of municipal employee. — In a mayor-council form of municipal government which has four councilmen and a mayor, who votes only to break a tie vote, where one councilman voted against the discharge of a municipal employee, while two councilmen and the mayor voted in favor of his termination, and one councilman was absent, the vote did not result in a valid discharge, which could only result from three councilmen voting in favor thereof, or a tie vote, broken by the mayor in favor of termination. However, it was not error for the trial court to concede that the vote was improper but nonetheless refuse to grant the equitable relief requested because even if the absent councilman had voted against termination there would have been a tie, which the mayor's vote would have broken. Abeyta v. Town of Taos, 499 F.2d 323 (10th Cir. 1974). A mayor is counted for purposes of a quorum, but his vote is counted only if there is a tie vote of the councilmen present at a meeting. 1969 Op. Att'y Gen. No. 69-148. Mayor's voting rights.. — A mayor always has the right to break a tie vote even when a supermajority vote is required. This opinion letter overrules 1990 Op. Att'y Gen No. 90-02. 2003 Op. Att'y Gen. No. 03-02. Three-fourths vote requirement. — If a municipal ordinance requires the vote of three-fourths of the entire membership of the municipal board of trustees to decide a question, the mayor's vote is not counted in the event of tie. 1990 Op. Att'y Gen. No. 90-02, overruled by 2003 Op. Att'y Gen. No. 03-02. In the case of a municipal zoning ordinance requiring the approval of three of the four trustees on the board of trustees, if only two of the trustees were to vote for a particular action, the mayor does not vote and the action is defeated. 1990 Op. Att'y Gen. No. 90-02, overruled by 2003 Op. Att'y Gen. No. 03-02. Councilman presiding as mayor pro tem. — A councilman who is elected to preside over a meeting as mayor pro tem may vote, not as the mayor, who can only vote to break ties, but pursuant to his right to vote as a councilman. 1989 Op. Att'y Gen. No. 89-13. Tie-breaking vote on choice of resigning mayor's successor. — A resigning mayor would be authorized to cast a deciding vote in the event of a tie on the choice of a successor. 1969 Op. Att'y Gen. No. 69-106.
NM Stat § 3-11-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 11 - Mayor-Council Municipality; Mayor|Section 3-11-4 - Mayor; chief executive officer; powers.

The mayor is the chief executive officer and shall: A. cause the ordinances and regulations of the municipality to be obeyed; B. exercise, within the municipality, powers conferred upon sheriffs of counties to suppress disorders and keep the peace; and C. perform other duties, compatible with his office, which the governing body may require. History: 1953 Comp., § 14-10-4, enacted by Laws 1965, ch. 300. ANNOTATIONSImmunity. — Because a mayor's duties are not principally those of a direct law enforcement nature, a mayor is immune from suit under the Tort Claims Act. Montes v. Gallegos, 812 F. Supp. 1165 (D.N.M. 1992). Warrantless arrest. — If the conduct of the plaintiff at the time appeared reasonably to the mayor and police chief to amount to a disturbance of the peace, or to be otherwise unlawful in its nature, committed as it was in the presence of the mayor and chief of police, then they were authorized to arrest the plaintiff without a warrant. Cherry v. Williams, 1957-NMSC-086, 63 N.M. 244, 316 P.2d 880. Dual office holding. — The duties imposed upon the mayor by this section are not incompatible with those of a district attorney, and both offices may be filled by the same person contemporaneously. State ex rel. Chapman v. Truder, 1930-NMSC-049, 35 N.M. 49, 289 P. 594. 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. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 281. Prohibition as means of controlling action of mayor, 115 A.L.R. 14, 159 A.L.R. 627. 62 C.J.S. Municipal Corporations § 370.
NM Stat § 3-11-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 11 - Mayor-Council Municipality; Mayor|Section 3-11-7 - Additional powers of mayor.

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 under the Uniform Facsimile Signature of Public Officials Act [6-9-1 to 6-9-6 NMSA 1978]. History: 1953 Comp., § 14-10-7, enacted by Laws 1965, ch. 300.
NM Stat § 3-12-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 12 - Governing Body of Municipality|Section 3-12-1 - Vacancy on governing body.

Any 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 and consent of the governing body. Any qualified elector appointed to fill a vacancy on the governing body shall serve 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., § 14-11-1, enacted by Laws 1965, ch. 300; 1973, ch. 129, § 1; 1985, ch. 208, § 107; 2018, ch. 79, § 53. ANNOTATIONSThe 2018 amendment, effective July 1, 2018, removed a provision giving mayors the authority to call special elections for the purpose of filling a vacancy on the governing body of a mayor-council municipality; deleted subsection designation "A." and in former Subsection A, deleted "Except as provided in Subsection B of this section", 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, which related to special elections called for the purpose of filling vacancies on a governing body. 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 in Subsection B. Advice and consent required. — The power to appoint being in the mayor, "with the advice and consent of the governing body," there can be no appointment until the advice and consent has been obtained. Arellano v. Lopez, 1970-NMSC-058, 81 N.M. 389, 467 P.2d 715. Nature of governing body. — A governing body is a continuous body although, by expiration of terms and vacancies, there may be changes in the membership. Ackerman v. Baird, 1938-NMSC-013, 42 N.M. 233, 76 P.2d 947. "Next regular municipal election". — The phrase "next regular municipal election" in Subsection A refers to the next regular election immediately following the appointment. 1989 Op. Att'y Gen. No. 89-11. Special election not held. — Under Subsection A, if no special election is held, an appointee's term lasts until the next regular municipal election in point of time after his appointment. The person elected at such election serves out the remainder of the unexpired term of the vacated office, if any. 1989 Op. Att'y Gen. No. 89-11. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 254. 62 C.J.S. Municipal Corporations § 213 to 217.
NM Stat § 3-12-1.1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 12 - Governing Body of Municipality|Section 3-12-1.1 - Election of members of governing bodies; requiring 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 removes his residence from or maintains no residence in the district from which he was elected, he shall be deemed to have resigned. Once, following every federal decennial census, the governing body of the municipality shall divide the municipality into a number of districts equal to the number of members on the governing body. Such districts shall be compact and contiguous and composed of populations as nearly equal as practicable; provided that the governing body of H class counties and of any municipality having a population of ten thousand or less may provide for single-member districts as provided in this section. History: 1978 Comp., § 3-12-1.1, enacted by Laws 1985, ch. 203, § 1; 1987, ch. 287, § 1; 1992, ch. 6, § 1. ANNOTATIONSCross references. — For class H counties, see 4-44-3 NMSA 1978. The 1992 amendment, effective May 20, 1992, substituted "Except as provided in Section 3-12-2 NMSA 1978" for "Notwithstanding any other provision of the Municipal Code" in the first sentence and substituted "H class" for "class H" in the last sentence. The 1987 amendment, effective June 19, 1987, added the second sentence. Constitutionality. — Although this section applies only to municipalities of over 10,000 population, it is not unconstitutional as written. Casuse v. City of Gallup, 1987-NMSC-112, 106 N.M. 571, 746 P.2d 1103. Equal protection. — This section does not violate equal protection rights of the residents of Los Alamos County by exempting the county from the requirement of single-member districts. Montano v. Los Alamos Cnty., 1996-NMCA-108, 122 N.M. 454, 926 P.2d 307. Exemption from requirement for single-member districts. — The proviso of this section stating that H class counties may provide for single-member districts unambiguously exempted Los Alamos County from the requirement that members of the governing body be elected from single-member districts. Montano v. Los Alamos Cnty., 1996-NMCA-108, 122 N.M. 454, 926 P.2d 307. This section invalidates Gallup's home rule election charter that allows at-large elections for city councilors. Casuse v. City of Gallup, 1987-NMSC-112, 106 N.M. 571, 746 P.2d 1103. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 147. "At-large" elections as violation of § 2 of Voting Rights Act of 1965 (42 USCS § 1973), 92 A.L.R. Fed. 824. 62 C.J.S. Municipal Corporations §§ 213 to 217.
NM Stat § 3-13-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 13 - Clerk, Police Officer, Manager; Duties|Section 3-13-1 - Clerk; duties.

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, furnish copies of municipal records. The clerk may charge a reasonable fee for the cost of furnishing copies of municipal records. B. The mayor with the consent of the governing body may designate other municipal employees to be deputy municipal clerks who shall have the right and duty to perform all of the duties of the municipal clerk. History: 1953 Comp., § 14-12-1, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 109; 2018, ch. 79, § 54. ANNOTATIONSCross references. — For election duties of municipal clerk, see 3-8-7 NMSA 1978. For monthly summary of minutes, see 10-17-1 to 10-17-3 NMSA 1978. For publication of proceedings of municipal boards, see 14-11-11 NMSA 1978. The 2018 amendment, effective July 1, 2018, removed a reference to the repealed Municipal Election Code; and in Subsection B, after "duties of the municipal clerk", deleted "including but not limited to the duties created in the Municipal Election Code". 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 designated the formerly undesignated introductory paragraph as present Subsection A, redesignated former Subsections A, B, C, and D, as present Subsections A(1), A(2), A(3), and A(4), and added Subsection B. Assistant clerk is "clerk" for purposes of nepotism statute. — An assistant clerk of a municipality serves as a "clerk" to the governing body for purposes of the statutory prohibition against nepotism. 1982 Op. Att'y Gen. No. 82-08. Municipal clerk not municipal officer. — The duties of a municipal clerk are essentially ministerial and do not involve the delegation of any of the sovereign power of the municipality; this necessary element to establish the position of municipal clerk as an officer of the municipality is not present. 1979 Op. Att'y Gen. No. 79-28. No incompatibility of office between city clerk and municipal judge. — No incompatibility of office exists because of inconsistency of functions between the offices of city clerk and municipal judge. 1968 Op. Att'y Gen. No. 68-111.
NM Stat § 3-13-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 13 - Clerk, Police Officer, Manager; Duties|Section 3-13-3 - Appointment of manager; duties and qualifications.

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 registered voters in the municipality. The office of manager shall carry the same qualifications, duties and responsibilities as provided for a manager under Sections 3-14-13 through 3-14-15 NMSA 1978. History: 1953 Comp., § 14-12-3, enacted by Laws 1965, ch. 300; 1991, ch. 20, § 1. ANNOTATIONSThe 1991 amendment, effective June 14, 1991, substituted "one thousand" for "three thousand" in the first sentence and "3-14-13 through 3-14-15 NMSA 1978" for "14-13-13 through 14-13-15 New Mexico Statutes Annotated, 1953 Compilation" in the second sentence. Mayor is responsible for appointing the city manager, although his appointment is subject to the city council's approval. 1987 Op. Att'y Gen. No. 87-69. City manager may also serve as the clerk of the municipality, as long as the duties of the two offices are not incompatible. 1987 Op. Att'y Gen. No. 87-69.
NM Stat § 3-14-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-1 - Commission-manager; application to municipalities over 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 governed under the commission-manager form of government. If the qualified electors of the municipality do not elect to be governed under the commission-manager form of government, the municipality shall be governed under the form of government in existence on the day the election rejecting the commission-manager form was held. History: 1953 Comp., § 14-13-1, enacted by Laws 1965, ch. 300; 1989, ch. 61, § 1; 1991, ch. 20, § 2. ANNOTATIONSCross references. — For appointment of manager by governing body of municipality, see 3-13-3 NMSA 1978. The 1991 amendment, effective June 14, 1991, substituted "three thousand" for "one thousand" in the catchline and in the first sentence. The 1989 amendment, effective June 16, 1989, substituted "one thousand" for "3,000" in the catchline and near the beginning of the first sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 51, 183. 62 C.J.S. Municipal Corporations §§ 81 to 84.
NM Stat § 3-14-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-2 - Commission-manager; special election for adoption.

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 signatures, the governing body shall, within ten days of verification, adopt an election resolution calling for the holding of a special election on the question of organizing the municipality under the commission-manager form of government, or the governing body may submit to the qualified electors of the municipality the question of organizing the municipality under the commission-manager form of government. The election shall be held in June or July in odd-numbered years or July or August in even-numbered years in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. B. The question to be placed shall read substantially as follows: "For the commission-manager form of government and providing for the election of five commissioners ____; and Against the commission-manager form of government and providing for the election of five commissioners ____". History: 1953 Comp., § 14-13-2, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 110; 2018, ch. 79, § 55. ANNOTATIONSCross references. — For examinations of signatures, purging and judicial review of petitions, see 3-1-5 NMSA 1978. The 2018 amendment, effective July 1, 2018, provided when a special election on the question of organizing a municipality under the commission-manager form of government shall be held; in Subsection A, after "holding of a special election", deleted "within ninety days after the verification of the petition", and added the last sentence of the subsection. The 1985 amendment, in Subsection A, inserted "and verified by the municipal clerk to contain a sufficient number of legal signatures" and "within ten days of verification adopt an election resolution calling" and substituted "for the holding of a special election, within ninety days after the verification of the petition" for "provide for the holding of an election, not less than thirty days nor more than sixty days after the filing of the petition".
NM Stat § 3-14-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-3 - Commission-manager; certifying results of election; 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 question favor organizing under a commission-manager form of government, the governing body shall proceed to organize the municipality under the commission-manager form of government. History: 1953 Comp., § 14-13-3, enacted by Laws 1965, ch. 300.
NM Stat § 3-14-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-4 - Commission-manager; charter.

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.
NM Stat § 3-14-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000|Section 3-14-5 - Commission-manager; boundaries; retention of general 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 municipalities, not inconsistent with the provisions of Sections 3-14-1 through 3-14-19 NMSA 1978. History: 1953 Comp., § 14-13-5, enacted by Laws 1965, ch. 300. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 62 C.J.S. Municipal Corporations § 94.