Chapter 2.25
TOWN ATTORNEY
Sections:
2.25.020 Town attorney – Qualifications – Appointment.
2.25.030 Town attorney – Duties.
2.25.010 Title.
This chapter may be cited as the “town attorney ordinance.” [Prior code § 2-6-1]
2.25.020 Town attorney – Qualifications – Appointment.
A. The town attorney shall be licensed and otherwise qualified to practice law in New Mexico.
B. The mayor, with the advice and consent of the board of trustees, shall appoint the town attorney. [Prior code § 2-6-2]
2.25.030 Town attorney – Duties.
A. The town attorney shall be the legal advisor to the board of trustees and shall, when requested by the board of trustees:
1. Render to the board of trustees her/his legal opinion upon any question of law involving the interest of the municipality;
2. Prepare documents, contracts or other instruments; and
3. Review and prepare municipal ordinances.
B. The town attorney shall attend meetings of the board of trustees for which the mayor requests her/his presence.
C. The town attorney shall, as he/she deems necessary, notify the mayor of legal concerns of the municipality which might not otherwise be addressed by the board of trustees.
D. Upon the mayor’s request, the town attorney shall provide the mayor with her/his legal opinion upon any question of law involving the interests of the municipality.
E. Upon request of the marshal’s office, the town attorney shall prepare and process all papers required for the use thereof in carrying out its responsibilities.
F. The town attorney shall defend and prosecute all actions brought in the municipal court when requested by the mayor, town clerk-treasurer, town marshal, or when in her/his judgment the best interest of the general welfare of the municipality will be served thereby.
G. Upon the mayor’s request, the town attorney shall represent, prosecute, and defend in any other court or tribunal, all actions and proceedings, civil and criminal, in which the municipality may be a party or interested.
H. Repealed by Ord. 2004-04. [Ord. 2004-04 § 6; prior code § 2-6-3]