2020 New Mexico Statutes
Chapter 3 - Municipalities
Article 13 - Clerk, Police Officer, Manager; Duties
Section 3-13-1 - Clerk; duties.

A. The clerk of the municipality shall:

(1) keep in custody all minutes, ordinances and resolutions approved by the governing body;

(2) attend all meetings of the governing body;

(3) record all proceedings, ordinances and resolutions of the governing body; and

(4) upon request, furnish copies of municipal records. The clerk may charge a reasonable fee for the cost of furnishing copies of municipal records.

B. The mayor with the consent of the governing body may designate other municipal employees to be deputy municipal clerks who shall have the right and duty to perform all of the duties of the municipal clerk.

History: 1953 Comp., § 14-12-1, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 109; 2018, ch. 79, § 54.

Cross references. — For election duties of municipal clerk, see 3-8-7 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.

The 2018 amendment, effective July 1, 2018, removed a reference to the repealed Municipal Election Code; and in Subsection B, after "duties of the municipal clerk", deleted "including but not limited to the duties created in the Municipal Election Code".

Temporary provisions. — Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.

The 1985 amendment designated the formerly undesignated introductory paragraph as present Subsection A, redesignated former Subsections A, B, C, and D, as present Subsections A(1), A(2), A(3), and A(4), and added Subsection B.

Assistant clerk is "clerk" for purposes of nepotism statute. — An assistant clerk of a municipality serves as a "clerk" to the governing body for purposes of the statutory prohibition against nepotism. 1982 Op. Att'y Gen. No. 82-08.

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.

No incompatibility of office between city clerk and municipal judge. — No incompatibility of office exists because of inconsistency of functions between the offices of city clerk and municipal judge. 1968 Op. Att'y Gen. No. 68-111.