Chapter 2.05
MUNICIPAL OFFICERS
Sections:
2.05.030 Officers – Oath and bond – Failure to qualify.
2.05.040 Officers – Disclosure of interest – Disqualified from voting.
2.05.050 Financial interests of municipal officers and employees.
2.05.060 Officers – Extra compensation – Penalty.
2.05.070 Officers – Removal for malfeasance in office – Complaint – Hearing – Service of notice.
2.05.080 Officers – Delivery of records.
2.05.010 Title.
This chapter may be cited as the “municipal officers ordinance.” [Prior code § 2-1-1]
2.05.020 Officers – Elective.
The elective officers of the town of Mesilla are:
A. The mayor;
B. The trustees; and
C. A municipal judge. [Prior code § 2-1-2]
2.05.030 Officers – Oath and bond – Failure to qualify.
A. All officers elected or appointed to any municipal office shall take an oath or affirmation to support the Constitution of the United States, the Constitution and laws of New Mexico and to faithfully perform the duties of her/his office.
B. For the care and disposition of municipal funds in the employee’s custody and for the faithful discharge of the employee’s duties, the board of trustees of the municipality shall require a corporate surety bond from the town treasurer, the police officer and any other employee it designates. In lieu of individual corporate surety bond, the board of trustees may secure a blanket corporate surety bond. The municipality shall pay for the surety bond.
C. The board of trustees may declare vacated the office of any person who fails, within 10 days after he/she has been notified of her/his election or appointment to office, to take the oath of office, or to give bond when required. [Prior code § 2-1-3]
2.05.040 Officers – Disclosure of interest – Disqualified from voting.
A. Any member of the board of trustees having a financial interest or possible interest in the outcome of any policy, decision or determination before the board of trustees shall, within a reasonable time after such interest becomes apparent and in no case later than at the time of taking of a vote on the issue in which he/she has a financial interest or possible interest, disclose to each of the other members of the board of trustees the nature of her/his financial interest or possible interest in the issue and her/his disclosure shall be recorded in the minute book of the board of trustees.
B. Disclosure of financial interest or possible interest on any issue coming before the board of trustees shall not disqualify a member of the board of trustees from voting on the issue, unless:
1. A majority of the remaining members of the board of trustees determine that the member who discloses her/his financial interest or possible interest should not in propriety vote on the issue; or
2. The member having a financial interest or possible interest in the issue voluntarily disqualifies herself/himself. [Prior code § 2-1-4]
2.05.050 Financial interests of municipal officers and employees.
A. No elected municipal officer during the term for which elected and no municipal employee during the period of such employment shall acquire a financial interest in any new or existing business venture or business property of any kind when such officer or employee believes or has reason to believe that the new financial interest will be directly affected by her/his official act.
B. No elected municipal officer and no municipal employee shall use confidential information acquired by virtue of her/his municipal office or municipal employment for her/his or another’s private gain.
C. Violations of this section shall be reported to the district attorney. Violation of the provisions of this section by any municipal officer or municipal employee is grounds for removal or suspension of the officer and dismissal, demotion or suspension of the employee. [Prior code § 2-1-5]
2.05.060 Officers – Extra compensation – Penalty.
Any member of the board of trustees who receives payment for services rendered by her/him contrary to law, is guilty of a misdemeanor. The fine shall be paid into the general fund of the municipality. [Prior code § 2-1-6]
2.05.070 Officers – Removal for malfeasance in office – Complaint – Hearing – Service of notice.
Any person elected or appointed to an elective office may be removed for malfeasance in office by the district court upon complaint of the mayor or the board of trustees. Any such officer is entitled to a hearing at a time fixed by the court after not less than 10 days’ notice of such proceedings by service, as in the case of summons in civil actions, with a copy of the complaint filed in the proceedings. [Prior code § 2-1-7]
2.05.080 Officers – Delivery of records.
Any officer who vacates her/his office shall forthwith deliver to her/his successor all money, records, property, or other things in her/his charge and belonging to the municipality within 30 days of vacating office. [Prior code § 2-1-8]