CHAPTER 31
CITY OFFICIALS Revised 9/24
Section
General Provisions
Specific Officials
31.15 Mayor Revised 9/24
31.18 Department of City Attorney
Cross-reference:
Boards, Commissions and Committees, see Chapter 33
Departments, see Chapter 32
Municipal Judge, see § 34.02
GENERAL PROVISIONS
31.01 RESIDENCY REQUIREMENTS.
(A) Department directors and classified employees of the municipality need not be residents of the city. Department directors and classified employees will be selected solely on the basis of experience, training, knowledge, skill and ability which can be expected to qualify them to perform the duties of the appointed offices or employment.
(B) When prospective department directors or classified employees present equal qualifications, preference is to be given to those who live within the city.
(’87 Code, § 1-5-1) (Ord. 82-31; Am. Ord. 93-008)
31.02 BONDING.
(A) The city shall secure a blanket corporate surety bond for the care and disposition of municipal funds within the custody of appointed officials, department directors and classified employees for the faithful discharge of their duties.
(B) The bond shall cover all city personnel who are involved with the care and disposition of the municipal funds.
(’87 Code, § 1-6-1) (Ord. 82-31; Am. Ord. 93-008)
31.03 CONFIDENTIALITY.
(A) No elected official, appointed official, municipal officer or classified employee shall use confidential information acquired by virtue of his position for his direct or indirect private gain.
(B) Violation of the provisions of this section is grounds for discipline or removal from office.
(’87 Code, § 1-8-1) (Ord. 82-31; Am. Ord. 93-008)
31.04 PROHIBITED ACTS.
(A) Elected officials, appointed officials, municipal officers or classified employees shall not commit any of the following acts:
(1) Felony;
(2) Demand illegal fees; and/or
(3) Malicious prosecution.
(’87 Code, § 1-9-1)
(B) No person convicted of a felony shall be qualified to be appointed to any municipal office or hired as a classified employee unless the person has been pardoned or restored to political rights. (’87 Code, § 1-10-1)
(Ord. 82-31; Am. Ord. 93-008)
31.05 REMOVAL FROM OFFICE.
(A) Any elected official may be removed by order of the district court for any of the following acts:
(1) Conviction of any felony;
(2) Failure, neglect or refusal to discharge any of his official acts;
(3) Knowingly demanding or receiving illegal fees as the officer;
(4) Failure to account for money coming into his custody as the officer; and/or
(5) Incompetency or negligence in discharging the duties of his office.
(’87 Code, § 1-11-1)
(B) Procedures for complaint, trial and judgment shall be those prescribed by NMSA § 3-10-7. (’87 Code, § 1-11-2)
(Ord. 82-31; Am. Ord. 93-008)
SPECIFIC OFFICIALS
31.15 MAYOR. Revised 9/24
(A) The Mayor is the chief executive as provided in § 3.01.B(2) of the City Charter and shall:
(1) Sign all ordinances and resolutions adopted by the Governing Body;
(2) Sign all commissions, licenses and permits approved by the Governing Body;
(3) Execute all contracts, legal processes and bonds approved by the Governing Body by ordinance; and
(4) Upon an immediate danger to the public health, safety or welfare of the community, declare that a state of emergency exists within the city.
(B)(1) The Mayor shall continually reside within the city throughout his term of office.
(2) The Mayor shall be elected for a term of four years.
(’87 Code, § 2-1-2)
(C) On the day the Mayor is sworn into office, the annual salary of the Mayor shall be equal to two and one half-times the maximum amount authorized by the New Mexico Legislature to be paid to County Commissioners in Class “A” counties, as provided in Section 4-44-4 NMSA 1978, and as may be amended thereafter.
(D) The Mayor and eligible family members shall have the option to participate in city-sponsored elective insurance coverages for medical, dental, vision, and life, with the same conditions and terms as offered to classified city employees. The Mayor shall not be eligible for leave benefits offered to classified city employees.
(E) The annual salary of the Mayor shall not be increased or decreased during their respective term of office, pursuant to Article IV, Section 27 of the New Mexico Constitution.
(F) The Mayor shall be provided a city vehicle.
(Ord. 82-31; Am. Ord. 93-009; Am. Ord. 04-012; Am. Ord. 16-22; Am. Ord. 24-18)
Cross-reference:
Mayor, see Charter § 3.01
31.16 DEPUTY MAYOR.
(A) The Deputy Mayor shall be elected in accordance with § 3.03.A of the City Charter. In the absence of the Deputy Mayor, the senior governing body member present shall preside as Deputy Mayor until the governing body may appoint an Acting Deputy Mayor.
(B) In those instances where the governing body members have equal seniority, the member representing the district with the lowest district number shall preside.
(’87 Code, § 2-1-4) (Ord. 82-31; Am. Ord. 93-009)
Cross-reference:
Deputy Mayor, see Charter § 3.03
31.17 CITY CLERK.
(A) Appointment; term; removal.
(1) The Office of City Clerk is hereby created.
(2) The City Clerk shall be appointed as provided in § 5.06 of the Charter.
(’87 Code, § 3-3-1)
(B) Powers and duties. The City Clerk shall:
(1) Attend all open meetings of the governing body;
(2) Record all open proceedings, ordinances and resolutions of the governing body;
(3) Keep in custody all minutes, ordinances and resolutions approved by the governing body and minutes and resolutions of all city boards and commissions;
(4) Keep in custody the code of ordinances, working originals and updates;
(5) Fulfill and process all purchases and subscriptions of the code;
(6) Upon request, furnish copies of public records of the municipality and charge a reasonable fee for the cost of furnishing the copies;
(7) Provide for the conduct of all searches of public records, with control of confidential documentation as required by federal mandate, statute or court order;
(8) Serve as secretary to the governing body when it is acting as the Board of Finance;
(9) Keep a public record of the proceedings of the Board of Finance;
(10) Convene a meeting of the Board of Finance whether necessary or when requested by any member of the Board of Finance;
(11) Administer the business of the governing body generally, in addition to the responsibilities listed below:
(a) Keep the schedule of meetings;
(b) Keep the agenda of meetings;
(c) Prepare all legal obligations and notices pertaining to business before the governing body;
(d) Protect and preserve all mail and communications to the governing body;
(e) Receive and administer all appeals to the governing body;
(f) Centrally administer all preparation and tracking of legislative items, particularly, ordinances and amendments to the code; and
(g) Prepare, recommend and administer the annual budget of the governing body.
(12) Perform all duties concerning municipal elections required by state statutes and/or municipal ordinance;
(13) File with the County Clerk any notice of lien created by ordinance or under the authority of law;
(14) Maintain all deeds, liens or other legal documents in which the city has a real property interest and maintain an inventory;
(15) Administer all business licenses;
(16) Administer all business registrations; and
(17) Administer all commercial solicitation registrations.
(’87 Code, § 3-3-2)
(Ord. 90-007; Am. Ord. 04-036)
Cross-reference:
City Clerk, see Charter § 5.06
31.18 DEPARTMENT OF CITY ATTORNEY.
(A) Appointment; removal.
(1) The Department of City Attorney is hereby created.
(2) The City Attorney shall be the Director of the Department and shall be appointed and removed as provided in § 5.05 of the Charter.
(’87 Code, § 3-5-1)
(B) Powers and duties. The City Attorney shall:
(1) Provide the following:
(a) Representation before the municipal court for prosecutions of citations for violations of municipal ordinance, as appropriate;
(b) Representation before administrative agencies or courts in necessary legal matters, and act as liaison with any counsel providing legal services to the city;
(c) Legal counsel to the governing body, City Manager, and the various departments of the city;
(d) Attend any meetings of the governing body, at its request;
(e) Cooperate with federal, state and other local entities in the course of complying with applicable laws and regulations;
(f) Review any proposed ordinances or agreements, or assist in drafting any proposed ordinances or agreements;
(g) Recommend the adoption of any necessary rules, regulations or procedures, as appropriate; and
(h) Provide risk management services to city departments.
(’87 Code, § 3-5-2)
(C) At-will employees. All staff attorneys shall be at-will employees, subject to termination by the City Manager upon recommendation of the City Attorney.
(Ord. 90-007; Am. Ord. 04-035; Am. Ord. 07-72)
Cross-reference:
City Attorney, see Charter § 5.05
31.19 CITY MANAGER.
(A) Creation; appointment.
(1) The Office of City Manager is hereby created. The City Manager shall be an employee of the city, shall be exempt from the operation of the personnel system subchapter of the city, and shall be hired, supervised and removed in accordance with § 3.06 of the City Charter.
(2) The City Manager shall be appointed solely on the basis of training, experience and other qualifications for the office as are prescribed by the governing body without regard to affiliation or lack of affiliation with any political party or any other organization.
(3) No elective officer of the city shall be appointed City Manager during the term for which he was elected, nor within one year after the expiration of the term.
(4)(a) During the absence or disability of the City Manager, the Mayor shall select an employee to perform the duties of the City Manager during the absence or disability, subject to approval by the governing body.
(b) The temporary vacancy shall be filled no later than 90 days from the date of absence or disability.
(5) The City Manager shall work for the city pursuant to an employment contract to be approved by the governing body which shall establish, among other matters, the City Manager’s compensation and benefits.
(’87 Code, § 3-13-1)
(B) Oath and bond.
(1) The City Manager, prior to entering into or performance of any duties for the city, shall take an oath or affirmation complying with applicable provisions of state law.
(2) The City Manager, within ten days after selection and as a condition of employment, shall furnish a surety bond approved by the governing body. The bond shall be conditioned upon faithful performance of the City Manager’s duties. The bond premium shall be paid by the city.
(’87 Code, § 3-13-2)
(C) Duties.
(1) The City Manager is responsible for managing the day-to-day administrative affairs of the city, and as such is the chief administrative officer of the city.
(2) The City Manager shall:
(a) Be the procurement officer of the city;
(b) Carry out expeditiously and efficiently the programs and policies adopted by the governing body and the directions of the Mayor;
(c) Cause to be enforced all ordinances and regulations of the city;
(d) Attend all meetings of the governing body and attend or cause a designee of the City Manager to attend meetings of committees, boards, commissions and other entities in order to promote the efficient and effective administration of city affairs;
(e) Be responsible for the preparation and submission of the annual budget;
(f) In cooperation with the Treasurer/Financial Director, keep the Mayor and governing body informed of the financial condition and the needs of the city and render reports with respect thereto;
(g) Report to the governing body and the Mayor at times and on matters as is necessary to assure the efficient and effective management of the affairs of the city;
(h) Formulate and recommend to the governing body and the Mayor the adoption of the measures as are necessary in order to enhance the health, safety and welfare of the city and its inhabitants, or the improvement of administrative or departmental functions or the provision of services;
(i) Administer the personnel merit system, and pursuant to the ordinance and other personnel ordinances, rules, resolutions and policies of the city and pursuant to state law, recommend the hiring, discipline, promotion and firing of department directors to the Mayor and governing body; and
(j) Generally supervise and direct the various department directors of the City Administration; however the department directors shall have direct supervision and control of their respective departments.
(3) The City Manager shall have a seat, but no vote, at every meeting of the governing body and may take part in the discussion of matters coming before the governing body. The City Manager may be excluded from closed sessions of the governing body by majority vote of the members present and the City Manager shall not be counted for the purpose of determining whether a quorum of the governing body is present.
(’87 Code, § 3-13-3)
(D) Political activity; conflict of interest.
(1) The City Manager shall not engage, either directly or indirectly, in partisan political activity in any manner while in office.
(2) The City Manager shall have no financial interest in any contract or financial transaction involving the city except for the employment contract with the city.
(3) The City Manager shall be a full-time employee and shall not engage in any other employment which will interfere with performance of the City Manager’s duties.
(’87 Code, § 3-13-4)
(Ord. 90-007)
Cross-reference:
City Manager; Appointment; Qualifications; Compensation, see Charter § 3.04