2019 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.

Manager'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section to indicate that the mayor's and/or city council's authority to discharge and employ under 3-11-6D NMSA 1978 is superseded by the city manager's authority to discharge persons in administrative service.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.