2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 12 - Governing Body of Municipality
Section 3-12-4 - Governing body to provide for creation of certain appointive offices.

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

B. The governing body may also provide for the office of an attorney.

C. The governing body may provide for deputy appointed officials who may exercise the powers granted the appointed officials.

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

Cross references. — For Public Employees Retirement Act, see 10-11-1 NMSA 1978 et seq.

Village clerk-treasurer not subject to merit system. — A village clerk-treasurer was an appointed official under this section to whom the village had no authority to apply its merit system ordinance adopted under 3-13-4 NMSA 1978. Construing the word "employees" in 3-13-4 NMSA 1978 as not including appointed officers conforms to common usage. Webb v. Village of Ruidoso Downs, 1994-NMCA-026, 117 N.M. 253, 871 P.2d 17, cert. denied, 117 N.M. 524, 873 P.2d 270.

Office of a municipal magistrate is not incompatible with that of a city clerk. There is no inconsistency of function, no subordination and no interference as long as the clerk is not charged with enforcing any municipal ordinance. If either office is full time, however, a physical incompatibility exists. 1967 Op. Att'y Gen. No. 67-74.

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.

City manager may also serve as clerk of the municipality, as long as the duties of the two offices are not incompatible. 1987 Op. Att'y Gen. No. 87-69.

Village clerk. — In villages the village clerk should now be appointed and the appointment may be of a clerk-treasurer to be held by one person. 1953 Op. Att'y Gen. No. 53-5856.

Status of policeman. — A city or municipal policeman is not a public official in the constitutional sense, but rather a public or civil employee. 1957 Op. Att'y Gen. No. 57-23 and 1979 Op. Att'y Gen. No. 79-28.

No indicia of public office attach to position of municipal attorney. 1979 Op. Att'y Gen. No. 79-28.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 237 to 240, 243.

Attorney, power of fire, water or health commissioners, or the like, to employ, 2 A.L.R. 1212.

Office, power to abolish or discontinue, 4 A.L.R. 221, 172 A.L.R. 1366.

Attorney, power of municipal corporation to employ, 83 A.L.R. 135.

Offices or positions, validity and effect of ordinance or resolution purporting to create indefinite number of, and to authorize appointment of, as many persons as shall from time to time be deemed necessary, 110 A.L.R. 241.

62 C.J.S. Municipal Corporations §§ 332 to 334, 336, 355.