2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 12 - Governing Body of Municipality
Section 3-12-3 - Governing body; powers and duties.

A. The governing body of a municipality having a mayor-council form of government shall:

(1) elect one of its members to act as mayor pro tem in the absence of the mayor;

(2) possess all powers granted by law, and other municipal powers not conferred by law or ordinance on another officer of the municipality;

(3) manage and control the finances and all property, real and personal, belonging to the municipality;

(4) determine the time and place of holding its meetings, which shall be open to the public;

(5) determine the rules of its own proceedings;

(6) keep minutes of its proceedings, which shall be open to examination by any citizen;

(7) adopt rules and regulations necessary to effect the powers granted municipalities;

(8) prescribe the compensation and fees to be paid municipal officers and employees; and

(9) prescribe the powers and duties of those officers whose terms of office or powers and duties are not defined by law, and impose additional powers and duties upon those officers whose powers and duties are prescribed by law.

B. The governing body of a municipality having a mayor-council form of government may remit the fine of any person convicted of a violation of a municipal ordinance.

C. The governing body may compel the attendance of absent members in such manner and under such penalties it deems desirable.

D. The mayor or a majority of the members of the governing body may call special meetings by notice to each member of the governing body, personally served or left at his usual place of residence.

History: 1953 Comp., § 14-11-3, enacted by Laws 1965, ch. 300; 1967, ch. 146, § 4.

Cross references. — For mayor as chief executive officer, see 3-11-4 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.

Compensation of city officials can be fixed only by ordinance. Ward v. City of Roswell, 1929-NMSC-074, 34 N.M. 326, 281 P. 28.

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, overruled by 2003 Op. Att'y Gen. No. 03-02.

Counting mayor's vote. — 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.

Mayor pro tem voting rights. — 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.

Canceling regularly scheduled meeting. — Action by the governing body and not the mayor, acting alone, is necessary to cancel a regularly scheduled meeting. 1971 Op. Att'y Gen. No. 71-46.

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 §§ 193 to 209.

Contempt, power of municipal council to punish for, 8 A.L.R. 1586.

Civil responsibility of member of municipal council for his vote therein, 22 A.L.R. 125.

Contempt, power of mayor to punish for, 54 A.L.R. 326, 73 A.L.R. 1185.

Judgment against municipality, power of officers to consent to, 67 A.L.R. 1507.

Invalid public money obligation, personal liability of officers to holders of, 87 A.L.R. 273.

Division of money from one fund to another, liability of municipal officers for, 96 A.L.R. 664.

Compromise of claim, power of city officials as to, 105 A.L.R. 170, 15 A.L.R.2d 1359.

Detachment of land from municipality, power of local boards or officers as to, 117 A.L.R. 274.

Municipal league and organizations of similar character, power of municipal corporation to contribute financially to, 169 A.L.R. 1230.

Validity of zoning ordinance or similar public regulation requiring consent of neighboring property owners to permit or sanction specified uses or construction of buildings, 21 A.L.R.2d 551.

Validity of regulations as to plumbers and plumbing, 22 A.L.R.2d 816.

Statements or utterances by member of municipal council, or of governing body of other political subdivision, in course of official proceedings, as privileged, 40 A.L.R.2d 941.

Requisite majority of members of municipal council voting on issue, 43 A.L.R.2d 698.

Validity, under federal constitution, of regulations, rules, or statutes requiring random or mass drug testing of public employees or persons whose employment is regulated by state, local, or federal government, 86 A.L.R. Fed. 420.

62 C.J.S. Municipal Corporations §§ 138, 151.