2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 29 - Sanitary Projects
Section 3-29-12 - Local administration of association; board of directors.

A. The local administration of the association and the operation and maintenance of the project shall be carried out in each community by a board of directors composed of an odd number of at least three members. Members of the board of directors shall:

(1) be elected annually or as specified in the bylaws of the association;

(2) be members in good standing of the association; and

(3) serve staggered terms of up to four years to ensure that terms will end in different election years.

B. The board of directors shall choose among its members a president, a vice president and a secretary-treasurer or a secretary and a treasurer.

C. Funds sufficient to provide for proper operation and maintenance of the association shall be identified through a rate-setting analysis that will ensure enough revenue to cover yearly expenses and emergencies, a reserve fund for non-major capital items and equitable pay for staff. The rate-setting analysis may be reviewed and changed if necessary on a yearly basis, and the funds shall be obtained by the association by a monthly assessment against the users of the facilities, the assessment to be determined by the board of directors.

D. The board of directors of the association shall have power to do all things necessary in the local administration of any project subject to the provisions of the Sanitary Projects Act.

History: 1953 Comp., § 14-28-12, enacted by Laws 1965, ch. 300; 1969, ch. 192, § 6; 2006, ch. 60, § 8.

The 2006 amendment, effective March 6, 2006, in Subsection A, changed the number of members of the board of directors from five to an odd number of at least three members; deleted the provision of Subsection A that provided for the election and terms of office of members of the board of directors; added Paragraphs (1) through (3) of Subsection A to provide for the election, qualifications and terms of office of members of the board of directors; provided in Subsection B for a secretary and a treasurer; in Subsection C, deleted the requirement that a foreman be appointed for projects and added the provision that funds be identified through a rate-setting analysis; and deleted former Subsection E, which provided that an association must be formed and a board of directors chosen before any community may participate in any benefits.

In seeking a new election, mandamus would seem to be a proper remedy since it appears that a domestic water consumers association is a local public body for the purposes of regulation under the Sanitary Projects Act (Chapter 3, Article 29 NMSA 1978), primarily because the act itself provides for the establishment of such associations, provides for board of directors elections and provides for the contribution of state funds to be used as a portion of the initial cost of building water and sewer facilities. 1961 Op. Att'y Gen. No. 61-37.