NM
New Mexico House Bill HB298

New Mexico 2025 Regular Session

New Mexico House Bill HB298 Compare Versions

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1-HB 298
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28+HOUSE BILL 298
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Christine Chandler and Mark Duncan
2848 AN ACT
29-RELATING TO MUNICIPALITIES; AMENDING SECTIONS OF THE
30-MUNICIPAL CODE; CLARIFYING THE GOVERNING LAW OF MAYOR-COUNCIL
31-FORMS OF GOVERNMENT; PROVIDING PROCEDURES FOR FILLING
32-VACANCIES; PROVIDING PROCEDURES FOR THE APPOINTMENT OF
33-OFFICIALS AND VOTING ON MATTERS BEFORE A GOVERNING BODY;
34-CLARIFYING MAYORAL AUTHORITY, POWERS AND DUTIES; PROVIDING
35-PROCEDURES FOR THE NOMINATION AND APPOINTMENT OF EMPLOYEES
36-AND OFFICIALS; CODIFYING THE MAYOR AND GOVERNING BODY'S LACK
37-OF AUTHORITY OVER JUDICIAL BRANCH AFFAIRS; REQUIRING
38-ORGANIZATIONAL MEETINGS; PROVIDING THAT APPOINTED MEMBERS OF
39-A GOVERNING BODY ARE NOT SUBJECT TO MERIT-SYSTEM ORDINANCES;
40-REQUIRING MEMBERS OF A GOVERNING BODY TO RECUSE THEMSELVES
41-FROM VOTING WHEN TRUE OR PERCEIVED CONFLICTS OF INTEREST
42-EXIST; SPECIFYING PROCEDURES FOR SUCH RECUSALS; REMOVING THE
43-REQUIREMENT THAT SPECIAL ELECTIONS OCCUR WITHIN NINETY DAYS
44-OF THE ADOPTION OF AN ORDINANCE TO CHANGE THE NUMBER OF
45-MEMBERS OF A GOVERNING BODY OR TRUSTEES OR SUCH A PETITION;
46-AMENDING THE POWERS AND DUTIES OF A GOVERNING BODY; AMENDING
47-THE POWERS OF A COMMISSION IN A COMMISSION-MANAGER FORM OF
48-GOVERNMENT.
49-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
50-SECTION 1. Section 3-11-1 NMSA 1978 (being Laws 1965,
51-Chapter 300, Section 14-10-1) is amended to read: HB 298
52-Page 2
49+RELATING TO MUNICIPALITIES; AMENDING SECTIONS OF THE MUNICIPAL
50+CODE; CLARIFYING THE GOVERNING LAW OF MAYOR-COUNCIL FORMS OF
51+GOVERNMENT; PROVIDING PROCEDURES FOR FILLING VACANCIES;
52+PROVIDING PROCEDURES FOR THE APPOINTMENT OF OFFICIALS AND
53+VOTING ON MATTERS BEFORE A GOVERNING BODY; CLARIFYING MAYORAL
54+AUTHORITY, POWERS AND DUTIES; PROVIDING PROCEDURES FOR THE
55+NOMINATION AND APPOINTMENT OF EMPLOYEES AND OFFICIALS;
56+CODIFYING THE MAYOR AND GOVERNING BODY'S LACK OF AUTHORITY OVER
57+JUDICIAL BRANCH AFFAIRS; REQUIRING ORGANIZATIONAL MEETINGS;
58+PROVIDING THAT APPOINTED MEMBERS OF A GOVERNING BODY ARE NOT
59+SUBJECT TO MERIT-SYSTEM ORDINANCES; REQUIRING MEMBERS OF A
60+GOVERNING BODY TO RECUSE THEMSELVES FROM VOTING WHEN TRUE OR
61+PERCEIVED CONFLICTS OF INTEREST EXIST; SPECIFYING PROCEDURES
62+FOR SUCH RECUSALS; REMOVING THE REQUIREMENT THAT SPECIAL
63+ELECTIONS OCCUR WITHIN NINETY DAYS OF THE ADOPTION OF AN
64+.228980.5 underscored material = new
65+[bracketed material] = delete
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78-"3-11-1. APPLICABILITY.--
79-A. The provisions of Sections 3-11-1 through
80-3-11-7 NMSA 1978 are applicable only to those municipalities
81-governed under the mayor-council form of government and that
82-have not elected to be governed under the commission-manager
83-form of government.
91+ORDINANCE TO CHANGE THE NUMBER OF MEMBERS OF A GOVERNING BODY
92+OR TRUSTEES OR SUCH A PETITION; AMENDING THE POWERS AND DUTIES
93+OF A GOVERNING BODY; AMENDING THE POWERS OF A COMMISSION IN A
94+COMMISSION-MANAGER FORM OF GOVERNMENT.
95+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
96+SECTION 1. Section 3-11-1 NMSA 1978 (being Laws 1965,
97+Chapter 300, Section 14-10-1) is amended to read:
98+"3-11-1. [POWERS OF MAYOR ] APPLICABILITY.--
99+A. The provisions of Sections [14-10-1 through
100+14-10-7 New Mexico Statutes Annotated, 1953 Compilation ] 3-11-1
101+through 3-11-7 NMSA 1978 are applicable only to those
102+municipalities governed under the mayor-council form of
103+government and [which ] that have not elected to be governed
104+under the commission-manager form of government.
84105 B. In the event that a home rule municipality has
85-adopted procedures in the municipality's charter that
86-conflict with the provisions of Chapter 3, Article 11 or 12
87-NMSA 1978, the municipality's charter shall govern."
106+adopted procedures in the municipality's charter that conflict
107+with the provisions of Chapter 3, Article 11 or 12 NMSA 1978,
108+the municipality's charter shall govern. "
88109 SECTION 2. Section 3-11-2 NMSA 1978 (being Laws 1965,
89110 Chapter 300, Section 14-10-2) is amended to read:
90-"3-11-2. MAYOR--VACATED OFFICE--APPOINTMENT BY
91-GOVERNING BODY.--In case of the death, disability,
92-resignation or change of residence from the municipality of
93-the mayor, the governing body shall appoint a qualified
94-elector to fill the vacancy of the office of the mayor by a
95-majority vote of the members of the governing body that are
96-present; provided that:
97-A. the governing body shall vote at the next
98-meeting immediately following the vacancy to fill the vacancy
99-if the vacancy has not been filled within fifteen days after
100-the vacancy occurred; and provided further that so long as
101-the vacancy remains unfilled, the item shall be included on
102-each subsequent governing body meeting agenda until the HB 298
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111+"3-11-2. MAYOR--VACATED OFFICE--APPOINTMENT BY GOVERNING
112+BODY.--In case of the death, disability, resignation or change
113+of residence from the municipality of the mayor, the governing
114+body shall appoint [by majority vote ] a qualified elector to
115+.228980.5
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129-vacancy is filled;
143+fill the vacancy [for the unexpired term of office ] of the
144+office of the mayor by a majority vote of the members of the
145+governing body that are present; provided that:
146+A. the governing body shall vote at the next
147+meeting immediately following the vacancy to fill the vacancy
148+if the vacancy has not been filled within fifteen days after
149+the vacancy occurred; and provided further that so long as the
150+vacancy remains unfilled, the item shall be included on each
151+subsequent governing body meeting agenda until the vacancy is
152+filled;
130153 B. the qualified elector appointed to fill the
131154 vacancy shall serve until the next regular local election or
132155 municipal officer election, whichever is applicable, when a
133156 qualified elector shall be elected to fill the remaining
134157 unexpired term, if any; and
135158 C. a resigning mayor shall not select a nominee or
136-be involved in the appointment of a successor to fill a
137-vacancy in the office of mayor."
159+be involved in the appointment of a successor to fill a vacancy
160+in the office of mayor ."
138161 SECTION 3. Section 3-11-3 NMSA 1978 (being Laws 1965,
139162 Chapter 300, Section 14-10-3) is amended to read:
140163 "3-11-3. MAYOR--PRESIDING OFFICER OF GOVERNING BODY--
141164 LIMITATION ON VOTE--QUORUM .--
142165 A. The mayor of a municipality is the presiding
143-officer of the governing body and shall constitute a member
144-of the governing body for purposes of determining whether a
145-quorum exists.
146-B. In all municipalities, the mayor shall vote
147-only when there is a tie vote between members of a governing
148-body; provided that the mayor is vested with the authority to
149-break a tie vote in all circumstances, including matters
150-requiring an affirmative vote of a supermajority of members
151-of the governing body.
152-C. A member of a governing body presiding as the
153-mayor pro tem shall retain the ability to vote as a member of HB 298
154-Page 4
166+officer of the governing body and shall constitute a member of
167+the governing body for purposes of determining whether a quorum
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196+exists.
197+B. In all municipalities, the mayor shall vote only
198+when there is a tie vote between members of a governing body;
199+provided that the mayor is vested with the authority to break a
200+tie vote in all circumstances, including matters requiring an
201+affirmative vote of a supermajority of members of the governing
202+body.
203+C. A member of a governing body presiding as the
204+mayor pro tem shall retain the ability to vote as a member of
180205 the governing body but shall not vote as a mayor in the event
181206 of a tie vote as provided pursuant to Subsection B of this
182207 section."
183208 SECTION 4. Section 3-11-4 NMSA 1978 (being Laws 1965,
184209 Chapter 300, Section 14-10-4) is amended to read:
185210 "3-11-4. MAYOR--CHIEF EXECUTIVE OFFICER--POWERS.--The
186211 mayor is the chief executive officer and shall:
187-A. enforce the ordinances and regulations of the
188-municipality;
189-B. exercise within the municipality the authority,
190-indirectly through the use of police personnel, to suppress
191-disorders and keep the peace; and
192-C. perform other duties compatible with the
193-mayor's office that the governing body may require; provided
194-that such performance is in accordance with state law or the
195-municipality's charter."
196-SECTION 5. Section 3-11-5 NMSA 1978 (being Laws 1965,
197-Chapter 300, Section 14-10-5, as amended) is amended to read:
198-"3-11-5. ORGANIZATIONAL MEETING--MAYOR--APPOINTMENT OF
199-OFFICERS AFTER ELECTION.--
200-A. After each regular local election or municipal
201-officer election, the governing body shall hold an
202-organizational meeting no earlier than fifteen days but no
203-later than twenty-one days after the newly elected officials
204-begin their terms. Such a meeting may constitute a special HB 298
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212+A. [cause] enforce the ordinances and regulations
213+of the municipality [to be obeyed ];
214+B. exercise within the municipality [powers
215+conferred upon sheriffs of counties ] the authority, indirectly
216+through the use of police personnel , to suppress disorders and
217+keep the peace; and
218+C. perform other duties compatible with [his ] the
219+mayor's office [which] that the governing body may require;
220+provided that such performance is in accordance with state law
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249+or the municipality's charter ."
250+SECTION 5. Section 3-11-5 NMSA 1978 (being Laws 1965,
251+Chapter 300, Section 14-10-5, as amended) is amended to read:
252+"3-11-5. ORGANIZATIONAL MEETING --MAYOR--APPOINTMENT OF
253+OFFICERS AFTER ELECTION.--
254+A. After each regular local election or municipal
255+officer election, the governing body shall hold an
256+organizational meeting no earlier than fifteen days but no
257+later than twenty-one days after the newly elected officials
258+begin their terms. Such a meeting may constitute a special
231259 meeting or a regular meeting of the governing body.
232-B. At the organizational meeting of the governing
233-body, the mayor shall submit, for confirmation by the
260+[A.] B. At the organizational meeting of the
261+governing body, the mayor shall submit, for confirmation by the
234262 governing body, the names of persons who shall fill the
235-appointive offices of the municipality.
263+appointive offices of the municipality [and the names of
264+persons who shall be employed by the municipality ].
236265 C. The failure of the mayor to nominate an
237266 appointee to the governing body for appointment to office at
238267 the organizational meeting does not preclude the mayor from
239-doing so at a subsequent meeting. If the governing body
240-fails to confirm any person as an appointive official of the
241-municipality, the mayor at the next regular meeting of the
242-governing body may submit the name of a previous nominee or
243-another person to fill the appointed office of the
244-municipality. Failure to fill a vacant office shall not
245-constitute malfeasance of an elected official.
246-D. Any person holding an appointed office at the
247-time of the regular local election or municipal officer
248-election shall continue in that office until the person's
249-successor has been appointed and is qualified."
250-SECTION 6. Section 3-11-6 NMSA 1978 (being Laws 1965,
251-Chapter 300, Section 14-10-6) is amended to read:
252-"3-11-6. MAYOR--AUTHORITY TO APPOINT, SUPERVISE AND
253-DISCHARGE EMPLOYEES.--
254-A. Subject to the approval of a majority vote of
255-all members of the governing body, the mayor shall: HB 298
256-Page 6
268+doing so at a subsequent meeting. If the governing body fails
269+to confirm any person as an appointive official [or employee ]
270+of the municipality, the mayor at the next regular meeting of
271+the governing body [shall ] may submit the name of a previous
272+nominee or another person to fill the appointed office [or to
273+be employed by] of the municipality. Failure to fill a vacant
274+.228980.5
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282-(1) appoint all officers and employees
283-except those holding elective office; and
302+office shall not constitute malfeasance of an elected official.
303+[B.] D. Any person holding an appointed office at
304+the time of the regular local election or municipal officer
305+election shall continue in that office until the person's
306+successor has been appointed and is qualified."
307+SECTION 6. Section 3-11-6 NMSA 1978 (being Laws 1965,
308+Chapter 300, Section 14-10-6) is amended to read:
309+"3-11-6. MAYOR--AUTHORITY TO APPOINT, SUPERVISE AND
310+DISCHARGE EMPLOYEES.--
311+A. Subject to the approval of a majority vote of
312+all members of the governing body, the mayor shall:
313+(1) appoint all officers and employees except
314+those holding elective office; and
284315 (2) designate an employee to perform any
285316 service authorized by the governing body.
286317 B. The mayor may appoint temporary employees as
287318 required for the proper administration of municipal affairs.
288-The employee shall serve only until the next regular meeting
289-of the governing body at which a quorum is present. The
290-temporary employment shall cease, and the employee shall not
291-be reappointed unless appointment is confirmed by the
292-governing body. A temporary employee is entitled to usual,
293-ordinary and reasonable compensation for services rendered to
294-the municipality.
319+The employee shall serve only until the next regular meeting of
320+the governing body at which a quorum is present. The temporary
321+employment shall cease, and the employee shall not be
322+reappointed unless [his ] appointment is confirmed by the
323+governing body. A temporary employee is entitled to [the ]
324+usual, ordinary and reasonable compensation for services
325+rendered to the municipality.
295326 C. Only the mayor shall:
296-(1) supervise the employees of the
297-municipality;
298-(2) examine the grounds of reasonable
299-complaint made against any employee; and
300-(3) cause any violations or neglect of the
301-employees' duties to be corrected promptly or reported to the
302-proper authority for correction and punishment.
303-D. Subject to the limitation of a merit system
304-ordinance of the municipality:
305-(1) the governing body may discharge an
306-appointed official or employee by a majority vote of all the HB 298
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355+(1) supervise the employees of the
356+municipality;
357+(2) examine the grounds of reasonable
358+complaint made against any employee; and
359+(3) cause any violations or neglect of the
360+employees' duties to be corrected promptly or reported to the
361+proper authority for correction and punishment.
362+D. Subject to the limitation of a merit system
363+ordinance [adopted as authorized in Section 14-12-4 New Mexico
364+Statutes Annotated, 1953 Compilation ] of the municipality :
365+(1) the governing body may discharge an
366+appointed official or employee by a majority vote of all the
333367 members of the governing body; and
334368 (2) the mayor may discharge an appointed
335369 official or employee upon the approval of a majority vote of
336-all the members of the governing body.
337-E. The mayor may suspend an appointed official or
338-employee until the next regular meeting of the governing
370+all the members of the governing body. [or
371+(3)] E. The mayor may suspend an appointed official
372+or employee until the next regular meeting of the governing
339373 body, at which time the suspension shall be approved or
340374 disapproved by a majority vote of all the members of the
341-governing body. If the suspension of the appointed official
342-or employee is disapproved by the governing body, the
343-suspended appointed official or employee shall be paid the
344-compensation that the appointed official or employee was
345-entitled to receive during the time of the suspension.
346-F. Any appointed official or employee who is
347-discharged shall:
348-(1) upon the official's or employee's
349-request, be given, by the mayor in writing, a list of reasons
350-for the discharge; and
351-(2) be paid any vacation pay that may have
352-accrued, subject to the limitations of a merit system
353-ordinance.
354-G. Neither the mayor nor the governing body shall
355-supervise, hire, discipline or terminate any employee,
356-personnel or judge of the judicial branch.
357-H. Appointed members shall not be subject to a HB 298
358-Page 8
375+governing body. If the suspension of the appointed official or
376+employee is disapproved by the governing body, the suspended
377+appointed official or employee shall be paid the compensation
378+[he] that the appointed official or employee was entitled to
379+receive during the time of [his ] the suspension.
380+.228980.5
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408+[E.] F. Any appointed official or employee who is
409+discharged shall:
410+(1) upon [his] the official's or employee's
411+request, be given, by the mayor in writing, a list of reasons
412+for [his] the discharge; and
413+(2) be paid any vacation pay [which he ] that
414+may have accrued, subject to the limitations of a merit system
415+ordinance.
416+G. Neither the mayor nor the governing body shall
417+supervise, hire, discipline or terminate any employee,
418+personnel or judge of the judicial branch.
419+H. Appointed members shall not be subject to a
384420 merit system ordinance ."
385421 SECTION 7. Section 3-11-7 NMSA 1978 (being Laws 1965,
386422 Chapter 300, Section 14-10-7) is amended to read:
387423 "3-11-7. ADDITIONAL POWERS OF MAYOR.--The mayor shall
388424 sign all commissions, licenses and permits granted by the
389425 governing body and other acts that the law or ordinances may
390426 require, or the commissions, licenses and permits may be
391-authenticated as authorized pursuant to the:
427+authenticated as authorized [under the ] pursuant to the:
392428 A. Uniform Facsimile Signature of Public Officials
393429 Act;
394430 B. Uniform Electronic Transactions Act; and
395431 C. Electronic Authentication of Documents Act ."
396432 SECTION 8. Section 3-12-1 NMSA 1978 (being Laws 1965,
397-Chapter 300, Section 14-11-1, as amended) is amended to read:
398-"3-12-1. VACANCY ON GOVERNING BODY--APPOINTMENT--
399-PROCEDURES.--
400-A. A vacancy on the governing body of a mayor-
401-council municipality shall be filled by appointment of a
402-qualified elector by the mayor of the municipality, with the
403-advice, the consent and a majority vote of the members of the
404-governing body that are present; provided that the governing
405-body shall vote at the next meeting immediately following the
406-vacancy to fill the vacancy if the vacancy has not been
407-filled within fifteen days after the vacancy occurred; and
408-provided further that so long as the vacancy remains HB 298
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461+Chapter 300, Section 14-11-1, as amended) is amended to read:
462+"3-12-1. VACANCY ON GOVERNING BODY--APPOINTMENT--
463+PROCEDURES.--
464+[Any] A. A vacancy on the governing body of a
465+mayor-council municipality shall be filled by appointment of a
466+qualified elector by the mayor of the municipality, with the
467+advice, [and] the consent and a majority vote of the members of
468+the governing body [Any ] that are present; provided that the
469+governing body shall vote at the next meeting immediately
470+following the vacancy to fill the vacancy if the vacancy has
471+not been filled within fifteen days after the vacancy occurred;
472+and provided further that so long as the vacancy remains
435473 unfilled, the item shall be included on each subsequent
436474 governing body meeting agenda until the vacancy is filled.
437475 B. A qualified elector appointed to fill a vacancy
438-on the governing body shall serve until the next regular
439-local election or municipal officer election, whichever is
440-applicable, at which time a qualified elector shall be
441-elected to fill the remaining unexpired term, if any."
476+on the governing body shall serve until the next regular local
477+election or municipal officer election, whichever is
478+applicable, at which time a qualified elector shall be elected
479+to fill the remaining unexpired term, if any."
442480 SECTION 9. Section 3-12-2 NMSA 1978 (being Laws 1965,
443481 Chapter 300, Section 14-11-2, as amended) is amended to read:
444482 "3-12-2. GOVERNING BODY--CORPORATE AUTHORITY--
445-LEGISLATIVE BODY--MEMBERS OF A GOVERNING BODY AND BOARDS OF
446-TRUSTEES--QUORUM--RECUSAL.--
483+LEGISLATIVE BODY--MEMBERS OF [COUNCIL ] A GOVERNING BODY AND
484+BOARDS OF TRUSTEES--QUORUM--RECUSAL .--
447485 A. The corporate authority of a municipality is
448-vested in the governing body that shall constitute the
449-legislative branch of the municipality and shall not perform
450-any executive functions except those functions assigned to it
451-by law.
452-B. A majority of the members of the governing body
453-currently serving is a quorum for the purpose of transacting
454-business. All members of the governing body present at a
455-meeting are counted toward a quorum.
456-C. Unless otherwise provided by law, a question
457-before the governing body shall be decided by a majority vote
458-of the members present.
459-D. A member of a governing body shall recuse the HB 298
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514+vested in the governing body that shall constitute the
515+legislative branch of the municipality and shall not perform
516+any executive functions except those functions assigned to it
517+by law.
518+B. A majority of the members of the governing body
519+currently serving is a quorum for the purpose of transacting
520+business. All members of the governing body present at a
521+meeting are counted toward a quorum.
522+C. Unless otherwise provided by law, a question
523+before the governing body shall be decided by a majority vote
524+of the members present.
525+D. A member of a governing body shall recuse the
486526 member's self from a vote only when a true or perceived
487527 conflict of interest exists regarding an item currently being
488528 deliberated by the governing body. Upon the recusal at such
489-meeting, the governing body member shall state the conflict
490-of interest on the record and then leave the meeting room
491-until deliberation on that item has concluded. A recusal or
529+meeting, the governing body member shall state the conflict of
530+interest on the record and then leave the meeting room until
531+deliberation on that item has concluded. A recusal or
492532 abstention of a governing body member is counted as a vote
493533 neither for nor against a question before the governing body.
494-E. The governing body of a municipality having a
495-mayor-council form of government is the governing body or
496-board of trustees whose members are the mayor and not less
497-than four or more than ten members of the governing body or
498-trustees. Any governing body of more than six members of the
499-governing body or trustees may provide by ordinance for the
500-election of two members of the governing body or trustees for
501-each ward or district or create or abolish wards or districts
502-or alter the boundary of existing wards or districts;
503-provided that only one member of the governing body or
504-trustee shall be elected from a ward or district at any one
505-election.
506-F. In those municipalities with a mayor-council
507-form of government, when there is a requirement that a
508-certain fraction or percentage of the members of the entire
509-governing body or of all the members of the governing body or
510-of the entire membership of the governing body or other HB 298
511-Page 11
534+[D.] E. The governing body of a municipality having
535+a mayor-council form of government is the [council ] governing
536+body or board of trustees whose members are the mayor and not
537+less than four or more than ten [councilmen ] members of the
538+governing body or trustees. Any governing body of more than
539+.228980.5
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537-similar language other than the requirement of a simple
538-majority vote for the measure, the mayor shall not be counted
539-in determining the actual number of votes needed but shall
540-vote to break a tie vote as provided in Section 3-11-3 NMSA
541-1978, unless the mayor has declared a conflict of interest.
542-G. The governing body of a municipality may
567+six [councilmen] members of the governing body or trustees may
568+provide by ordinance for the election of two [councilmen ]
569+members of the governing body or trustees for each ward or
570+district or create or abolish wards or districts or alter the
571+boundary of existing wards or districts; provided that only one
572+[councilman] member of the governing body or trustee shall be
573+elected from a ward or district at any one election.
574+[E.] F. In those municipalities with a mayor-
575+council form of government, when there is a requirement that a
576+certain fraction or percentage of the members of the entire
577+governing body or of all the members of the governing body or
578+of the entire membership of the governing body or other similar
579+language other than the requirement of a simple majority vote
580+for the measure, the mayor shall not be counted in determining
581+the actual number of votes needed but [he ] shall vote to break
582+a tie vote as provided in Section 3-11-3 NMSA 1978, unless [he ]
583+the mayor has declared a conflict of interest.
584+[F.] G. The governing body of a municipality may
543585 redistrict the municipality whenever redistricting is
544586 warranted. Upon petition signed by qualified electors equal
545-in number to the votes cast for the member of the governing
546-body or trustee receiving the greatest number of votes at the
547-last regular municipal election, the governing body of the
548-municipality shall redistrict the municipality."
549-SECTION 10. Section 3-12-2.1 NMSA 1978 (being Laws
550-1981, Chapter 198, Section 1, as amended) is amended to read:
551-"3-12-2.1. GOVERNING BODY--MAYOR-COUNCIL--CHANGE IN
552-NUMBER OF MEMBERS.--
553-A. The number of members of the governing body or
554-board of trustees of a municipality having a mayor-council
555-form of government may be changed as set forth in this
556-section; provided such number shall not be less than or more
557-than that number specified in Subsection E of Section 3-12-2
558-NMSA 1978.
559-B. The members of a governing body may adopt an
560-ordinance that increases or decreases the number of members
561-of the governing body or trustees and call an election on HB 298
562-Page 12
587+in number to the votes cast for the [councilman ] member of
588+the governing body or trustee receiving the greatest number
589+of votes at the last regular municipal election, the
590+governing body of the municipality shall redistrict the
591+municipality."
592+.228980.5
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588-that question in accordance with the Election Code.
620+SECTION 10. Section 3-12-2.1 NMSA 1978 (being Laws
621+1981, Chapter 198, Section 1, as amended) is amended to read:
622+"3-12-2.1. GOVERNING BODY--MAYOR-COUNCIL--CHANGE IN
623+NUMBER OF MEMBERS.--
624+A. The number of members [on the council ] of the
625+governing body or board of trustees of a municipality having
626+a mayor-council form of government may be changed as set
627+forth in this section; provided such number shall not be less
628+than or more than that number specified in Subsection [D ] E
629+of Section 3-12-2 NMSA 1978.
630+B. [A majority of the members elected to the
631+governing body may adopt an ordinance increasing or
632+decreasing the number of councilmen or trustees of that body
633+and calling a special election on the question of approving
634+or disapproving the change ] The members of a governing body
635+may adopt an ordinance that increases or decreases the number
636+of members of the governing body or trustees and call an
637+election on that question in accordance with the Election
638+Code.
589639 C. The governing body of the municipality shall
590-adopt an election resolution calling an election on the
591-question of approving or disapproving a change in the number
592-of members of a governing body or trustees if there is filed
593-with the municipal clerk a petition requesting an election on
594-such a change and the petition is signed by at least five
595-percent of the number of registered voters of the
596-municipality. The petition shall specify the number of
597-members of the governing body in addition to the mayor that
598-shall constitute the governing body of the municipality. The
599-petition shall be validated by the municipal clerk by
600-verification that it contains the required number of
601-signatures of registered voters. The election resolution
602-shall be adopted within thirty days after the petition is
603-verified by the municipal clerk.
604-D. A special election to approve or disapprove a
605-change in the number of members of the governing body or
606-trustees shall be held at the first available election in
607-which the question can be placed on the ballot in accordance
608-with the provisions of the Election Code. The municipality
609-shall pay for the cost of the election.
610-E. If at an election called pursuant to this
611-section a majority of the registered voters voting on the
612-question of changing the number of members of the governing HB 298
613-Page 13
640+adopt an election resolution calling [a special ] an election
641+on the question of approving or disapproving a change in the
642+number of [councilmen ] members of a governing body or
643+trustees if there is filed with the municipal clerk a
644+petition requesting an election on such a change and the
645+.228980.5
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639-body or trustees vote in favor of such change, all members of
640-the governing body or trustees shall serve until their
641-current term of office expires. At each of the subsequent
642-two regular municipal elections, one-half of the newly
643-required number of members of the governing body or trustees
644-shall be elected.
645-F. If a majority of the registered voters voting
646-on the question of changing the number of members of the
647-governing body or trustees disapproves or approves of such
648-change, then such change in the number of members shall not
649-be considered again for a period of four years from the date
650-of the election."
651-SECTION 11. Section 3-12-3 NMSA 1978 (being Laws 1965,
652-Chapter 300, Section 14-11-3, as amended) is amended to read:
653-"3-12-3. GOVERNING BODY--POWERS AND DUTIES.--
654-A. The governing body of a municipality having a
655-mayor-council form of government shall:
656-(1) elect one of its members to act as mayor
657-pro tem in the absence of the mayor;
658-(2) possess all powers granted by law and
659-other municipal powers not conferred by law or ordinance on
660-another officer of the municipality;
661-(3) manage and control the finances and all
662-property, real and personal, belonging to the municipality;
663-(4) determine the time and place of holding HB 298
664-Page 14
673+petition is signed by at least five percent of the number of
674+registered voters of the municipality. The petition shall
675+specify the number of [councilmen ] members of the governing
676+body in addition to the mayor [which ] that shall constitute
677+the governing body of the municipality. The petition shall
678+be validated by the municipal clerk by verification that it
679+contains the required number of signatures of registered
680+voters. The election resolution shall be adopted within
681+[ten] thirty days after the petition is verified by the
682+municipal clerk.
683+D. A special election to approve or disapprove a
684+change in the number of [councilmen ] members of the governing
685+body or trustees shall be held [within ninety days after the
686+adoption of the ordinance as provided in Subsection B of this
687+section or within ninety days after the date the petition is
688+verified as provided in Subsection C of this section, as the
689+case may be, or the election may be held in conjunction with
690+a regular municipal election, if such election occurs within
691+ninety days after the adoption of the ordinance or
692+verification of the petition ] at the first available election
693+in which the question can be placed on the ballot in
694+accordance with the provisions of the Election Code . The
695+municipality shall pay for the cost of the election.
696+E. If at an election called pursuant to this
697+section a majority of the registered voters voting on the
698+.228980.5
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690-its meetings, which shall be open to the public;
691-(5) determine and adopt the rules of its own
692-proceedings at an organizational meeting;
693-(6) keep minutes of its proceedings, which
694-shall be open to examination by any citizen;
695-(7) adopt rules and regulations necessary to
696-effect the powers granted municipalities;
697-(8) prescribe the compensation and fees to
698-be paid municipal officers and employees;
699-(9) prescribe the powers and duties of those
700-officers whose terms of office or powers and duties are not
701-defined by law and impose additional powers and duties upon
702-those officers whose powers and duties are prescribed by law;
703-and
704-(10) have the authority to cross-commission
705-public safety officers by resolution; provided that the
706-resolution shall be renewed at each subsequent meeting of the
707-governing body as necessary.
708-B. The governing body of a municipality having a
709-mayor-council form of government may:
710-(1) remit the fine of any person convicted
711-of a violation of a municipal ordinance; and
712-(2) compel the attendance of absent members
713-in such manner and under such penalties as it deems
714-desirable. HB 298
715-Page 15
726+question of changing the number of [councilmen ] members of
727+the governing body or trustees vote in favor of such change,
728+all [councilmen] members of the governing body or trustees
729+shall serve until their current term of office expires. At
730+each of the subsequent two regular municipal elections, one-
731+half of the newly required number of [councilmen ] members of
732+the governing body or trustees shall be elected.
733+F. If a majority of the registered voters voting
734+on the question of changing the number of [councilmen ]
735+members of the governing body or trustees disapproves or
736+approves of such change, then such change in the number of
737+members shall not be considered again for a period of four
738+years from the date of the election."
739+SECTION 11. Section 3-12-3 NMSA 1978 (being Laws 1965,
740+Chapter 300, Section 14-11-3, as amended) is amended to read:
741+"3-12-3. GOVERNING BODY--POWERS AND DUTIES.--
742+A. The governing body of a municipality having a
743+mayor-council form of government shall:
744+(1) elect one of its members to act as mayor
745+pro tem in the absence of the mayor;
746+(2) possess all powers granted by law and
747+other municipal powers not conferred by law or ordinance on
748+another officer of the municipality;
749+(3) manage and control the finances and all
750+property, real and personal, belonging to the municipality;
751+.228980.5
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741-C. The mayor or a majority of the members of the
742-governing body may call special meetings by notice to each
743-member of the governing body, personally served or left at
744-the member's usual place of residence; provided that such
745-meetings shall be in accordance with the Open Meetings Act."
746-SECTION 12. Section 3-14-12 NMSA 1978 (being Laws 1965,
747-Chapter 300, Section 14-13-12) is amended to read:
779+(4) determine the time and place of holding
780+its meetings, which shall be open to the public;
781+(5) determine and adopt the rules of its own
782+proceedings at an organizational meeting ;
783+(6) keep minutes of its proceedings, which
784+shall be open to examination by any citizen;
785+(7) adopt rules and regulations necessary to
786+effect the powers granted municipalities;
787+(8) prescribe the compensation and fees to
788+be paid municipal officers and employees; [and ]
789+(9) prescribe the powers and duties of those
790+officers whose terms of office or powers and duties are not
791+defined by law and impose additional powers and duties upon
792+those officers whose powers and duties are prescribed by law;
793+and
794+(10) have the authority to cross-commission
795+public safety officers by resolution; provided that the
796+resolution shall be renewed at each subsequent meeting of the
797+governing body as necessary .
798+B. The governing body of a municipality having a
799+mayor-council form of government may:
800+(1) remit the fine of any person convicted
801+of a violation of a municipal ordinance; and
802+(2) compel the attendance of absent members
803+in such manner and under such penalties as it deems
804+.228980.5
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832+desirable.
833+[C. The governing body may compel the attendance
834+of absent members in such manner and under such penalties it
835+deems desirable.
836+D.] C. The mayor or a majority of the members of
837+the governing body may call special meetings by notice to
838+each member of the governing body, personally served or left
839+at [his] the member's usual place of residence; provided that
840+such meetings shall be in accordance with the Open Meetings
841+Act."
842+SECTION 12. Section 3-14-12 NMSA 1978 (being Laws
843+1965, Chapter 300, Section 14-13-12) is amended to read:
748844 "3-14-12. POWERS VESTED IN COMMISSION--DUTIES OF
749845 COMMISSION.--
750846 A. All powers of the municipality are vested in
751847 the commission. The commission shall:
752848 (1) pass all ordinances and other measures
753849 conducive to the welfare of the municipality;
754850 (2) perform all acts required for the
755-general welfare of the municipality;
851+general welfare of the municipality; [and ]
756852 (3) in addition to the office of manager,
757853 create all offices necessary for the proper carrying on of
758854 the work of the municipality; and
759855 (4) have the authority to cross-commission
760856 public safety officers by resolution; provided that the
857+.228980.5
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761885 resolution shall be renewed at each subsequent meeting of the
762886 commission as necessary .
763887 B. The commission shall appoint a manager and
764-shall hold the manager responsible for the proper and
888+shall hold [him] the manager responsible for the proper and
765889 efficient administration of the municipal government."
890+- 17 -
891+.228980.5