2020 New Mexico Statutes
Chapter 3 - Municipalities
Article 11 - Mayor-Council Municipality; Mayor
Section 3-11-3 - Mayor; presiding officer of governing body; limitation on vote.

The mayor of a municipality is the presiding officer of the governing body. In all municipalities the mayor shall vote only when there is a tie vote.

History: 1953 Comp., § 14-10-3, enacted by Laws 1965, ch. 300.

Discharge of municipal employee. — In a mayor-council form of municipal government which has four councilmen and a mayor, who votes only to break a tie vote, where one councilman voted against the discharge of a municipal employee, while two councilmen and the mayor voted in favor of his termination, and one councilman was absent, the vote did not result in a valid discharge, which could only result from three councilmen voting in favor thereof, or a tie vote, broken by the mayor in favor of termination. However, it was not error for the trial court to concede that the vote was improper but nonetheless refuse to grant the equitable relief requested because even if the absent councilman had voted against termination there would have been a tie, which the mayor's vote would have broken. Abeyta v. Town of Taos, 499 F.2d 323 (10th Cir. 1974).

A mayor is counted for purposes of a quorum, but his vote is counted only if there is a tie vote of the councilmen present at a meeting. 1969 Op. Att'y Gen. No. 69-148.

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. 2003 Op. Att'y Gen. No. 03-02.

Three-fourths vote requirement. — 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.

Councilman presiding as mayor pro tem. — 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.

Tie-breaking vote on choice of resigning mayor's successor. — A resigning mayor would be authorized to cast a deciding vote in the event of a tie on the choice of a successor. 1969 Op. Att'y Gen. No. 69-106.