reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Immunity.
— 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 enforcement responsibilities of the mayor.
— A mayor's authority to exercise "powers conferred upon sheriffs of counties to suppress disorders and keep the peace" gives the mayor some law enforcement functions but does not make the mayor a law enforcement officer. The limited law enforcement functions conferred upon a mayor under this section do not give the mayor discretionary authority over enforcement actions against, or prosecution of, persons who violate city ordinances, but, rather, a mayor may act to suppress disorders and keep the peace indirectly through the police.
Authority of City Manager in a Mayor-Council Municipality
(6/23/22), Att'y Gen. Adv. Ltr. 2022-02.
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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 62 C.J.S. Municipal Corporations § 94.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
Cross references.
— For meeting of public bodies to be open to public,
see
10-15-1 to 10-15-4 NMSA 1978.
2023 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.
ANNOTATIONS
Minimum 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.
2023 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.
ANNOTATIONS
Cross references.
— For appointment of manager,
see
3-13-3 NMSA 1978.
City manager operates under the control of the governing body.
— The city manager is appointed by the mayor, with the approval of the city council. The city manager is therefore accountable to the mayor and city council and responsible for carrying out the council's policy decisions consistent with the council's expectations.
Authority of City Manager in a Mayor-Council Municipality
(6/23/22), Att'y Gen. Adv. Ltr. 2022-02.
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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Unincorporated 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.
2023 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 15 - Municipal Charters › Section 3-15-8 - Boundaries; prior rights and property; saving clause.

The territorial limits of the municipality shall remain the same as under its former organization until changed in accordance with law, and all rights and property of every description which were vested in any municipality under its former organization shall remain vested in the municipality under the organization herein contemplated and provided for, and no contract or franchise, and no right or liability, either in favor of or against the municipality, and no suit or prosecution of any kind shall be affected by any such reorganization.
History:
1953 Comp., § 14-14-6, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 62 C.J.S. Municipal Corporations § 95.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 15 - Municipal Charters › Section 3-15-9 - Special election on adoption of charter.

Within five days after the filing with the clerk of the municipality of the charter provided for by Sections 3-15-1 through 3-15-16 NMSA 1978, and the charter being approved by a majority of the members elected to the governing body of the municipality at a regular or special meeting, the presiding officer of the governing body of the municipality shall by proclamation call a special election for the purpose of submitting to the electors of the municipality the question of whether or not the municipality shall adopt the charter prepared by the charter committee. The special election may be called and held at the same time and in conjunction with the regular election for municipal officers. Should the charter filed with the clerk of the municipality fail to be approved by the governing body of the municipality, the charter shall be returned to the chairman of the charter committee together with a letter of transmittal stating the reason why the charter has been rejected by the governing body. The charter committee shall revise the charter in accordance with their instructions in the letter of transmittal and shall refile the same with the clerk of the municipality within sixty days after the chairman of the charter committee shall have had returned to him the rejected charter. If the charter is then approved, the election proclamation shall be issued, or if not approved, the charter shall be returned by the governing body to the charter committee. This procedure shall continue until a charter is presented and approved by the governing body of the municipality.
History:
1953 Comp., § 14-14-7, enacted by Laws 1965, ch. 300.
ANNOTATIONS
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.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 15 - Municipal Charters › Section 3-15-10 - Qualifications of voters; ballots; conduct of election; effect 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:
"Against adoption of charter [ ]".
The special election shall be conducted in accordance with the Local Election Act [Chapter 1, Article 22 NMSA 1978] and if a majority of all the votes cast shall favor the adoption of the charter, the charter shall take effect immediately insofar as necessary to authorize the election of officers, but shall not take effect otherwise until such date as may be specified in the charter, which date shall not be less than sixty days after the special election. After the date fixed by the charter, the municipality shall be deemed reorganized under the provisions of the charter, and the powers and duties of all officers elected or appointed under the former laws shall cease.
History:
1953 Comp., § 14-14-8, enacted by Laws 1965, ch. 300; 2018, ch. 79, § 59.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, revised the citation form for certain provisions of law, and made minor technical changes; after "special election held under", deleted "Sections 3-15-1 through 3-15-16 NMSA 1978" and added "the Municipal Charter Act", and after "conducted in accordance with", deleted "Sections 3-8-1 through 3-8-19 NMSA 1978" and added "the Local Election Act".
Voters are given no alternatives except approval or disapproval of the charter
as proposed. They may not, under the statute, be given any options other than approval or disapproval. 1971 Op. Att'y Gen. No. 71-50.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 15 - Municipal Charters › Section 3-15-11 - First election of officers; time; law governing.

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 the charter. The election shall be at least ten days before the date specified in the charter for it to go into effect, and the election shall be held in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978] and the charter.
History:
1953 Comp., § 14-14-9, enacted by Laws 1965, ch. 300; 2018, ch. 79, § 60.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided that the Local Election Act governs special elections called for the purpose of electing officers after a special election where a majority of the votes cast favors adopting a charter pursuant to the Municipal Charter Act; and after "charter is adopted", added "pursuant to Section 3-15-10 NMSA 1978", and after "in accordance with the provisions of the", added "Local Election Act and the".
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 15 - Municipal Charters › Section 3-15-12 - Filing and recording certified copies of charter.

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 authenticated by the signature of the presiding officer of the governing body of the municipality, and the certificate of the clerk of the municipality and the corporate seal of the municipality, and thereupon the secretary of state shall cause the charter to be filed and recorded in his office. A like copy of the charter, authenticated and certified as specified in this section, shall be recorded in the office of the county clerk.
History:
1953 Comp., § 14-14-10, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 15 - Municipal Charters › Section 3-15-13 - Charter controls when statute is inconsistent; statutory 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 such municipality.
B. A municipality which adopts a charter may exercise all legislative powers and perform all functions not expressly denied charter municipalities by general law or charter. A liberal construction shall be given to the powers of municipalities to provide for maximum local self-government.
History:
1953 Comp., § 14-14-11, enacted by Laws 1965, ch. 300; 1984, ch. 65, § 173.
ANNOTATIONS
Referendum provision dealing specially with popular referenda on franchise ordinances prevails
over referendum provisions of the city charter applying to ordinances generally and not to franchise ordinances alone.
Albuquerque Bus Co. v. Everly
, 1949-NMSC-058, 53 N.M. 460, 211 P.2d 127.
Application of state law where authorizations omitted from charter.
— Where a city adopts a charter, but omits from such charter authorization to the city commissioners to pave city streets and meet the cost by special assessment and to enforce the liens created therefor by foreclosure, the state law on municipalities governs.
Ellis v. New Mexico Constr. Co
., 1921-NMSC-068, 27 N.M. 312, 201 P. 487.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 15 - Municipal Charters › Section 3-15-14 - Petitions; qualifications of signers; contents.

Petitions provided for in Sections 3-15-1 through 3-15-16 NMSA 1978, shall be signed only by qualified electors of the municipality, and each petition shall contain in addition to the names of the petitioners, the street and house number or place in which the petitioner resides.
History:
1953 Comp., § 14-14-12, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For examinations of signatures, purging and judicial review of petitions,
see
3-1-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Right of signer of petition or remonstrance to withdraw therefrom or revoke withdrawal in time therefor, 27 A.L.R.2d 604.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 15 - Municipal Charters › Section 3-15-15 - Publication of proposed charter.

Whenever a proclamation calling for a special election as provided for by Section 3-15-9 NMSA 1978, shall be issued, a copy of the proposed charter shall be published once each week for four consecutive weeks, and the presiding officer of the governing body of the municipality shall cause to be printed for distribution not less than one thousand copies of the proposed charter, the distribution to be not less than three weeks before the date set for the election.
History:
1953 Comp., § 14-14-13, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For definition of "publish" or "publication,"
see
3-1-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 15 - Municipal Charters › Section 3-15-16 - Amendment or repeal of charter; alternate methods.

The charter of any municipality adopted under the provisions of Article 10, Section 6 of the constitution of New Mexico, by law of the territorial legislature of New Mexico or under the provisions of the Municipal Charter Act may be amended or repealed either by a proposal submitted by the governing body of the municipality to the qualified electors or by petition as provided for in Section 3-15-4 NMSA 1978 for the adoption of an original charter at a general or special election and ratified by a majority of the qualified electors voting on the amendment or repeal.
History:
1953 Comp., § 14-14-14, enacted by Laws 1965, ch. 300; 1971, ch 118, § 6; 1990, ch. 63, § 1.
ANNOTATIONS
The 1990 amendment,
effective May 16, 1990, inserted "by law of the territorial legislature of New Mexico" and "under the provisions of," substituted "Section 3-15-4 NMSA 1978" for "Section 14-14-2 NMSA 1953" and made a minor stylistic change.
A municipality's charter may be amended only as authorized by the legislature.
1987 Op. Att'y Gen. No. 87-81.
There is no legislative grant of authority for Silver City, which is not a home-rule municipality, to amend its charter. It must adopt a new charter. 1987 Op. Att'y Gen. No. 87-81.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Extension of boundaries of municipality by amendment to charter, 64 A.L.R. 1371.
Detachment of territory from municipality under power to amend charter, 117 A.L.R. 296.
Doctrine of de facto existence or powers of municipal corporation as applicable to amendment or revision of charter, 7 A.L.R.2d 1407.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-1 - Combined city-county municipal corporations; definitions.

As used in Sections 3-16-1 through 3-16-18 NMSA 1978:
A. "combined municipal organization" means the combined city and county municipal corporation, whether prior to or subsequent to the completed consolidation, including the area within the exterior boundaries of the municipality and county;
B. "city" means the municipality involved in the city and county consolidation, including the area within the boundary of the city;
C. "county" means the county government including the area within the exterior boundaries of the county involved in the city and county consolidation, and outside the boundary of the city; and
D. "election units" includes the area of the city and county, respectively.
History:
1953 Comp., § 14-15-1, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Home rule municipalities.
— Home rule municipality may set minimum wage higher than that required by the state Minimum Wage Act because of the independent powers possessed by municipalities in New Mexico and the absence of any conflict with state law.
New Mexicans for Free Enterprise v. City of Santa Fe
, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 81, 82.
62 C.J.S. Municipal Corporations § 79.