45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO MUNICIPALITIES; PROVIDING FOR APPOINTMENTS AND POSITIONS OF EMPLOYMENT FOLLOWING A MUNICIPAL ELECTION; AMENDING AND ENACTING SECTIONS OF THE MUNICIPAL CODE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 3-11-5 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-10-5, as amended) is amended to read:

"3-11-5. MAYOR--APPOINTMENT OF OFFICERS AFTER ELECTION.--

A. [At the] An organizational meeting of the governing body [which shall be scheduled pursuant to] shall be held as provided in Section 3-8-33 NMSA 1978 [of the Municipal Election Code]. At the organizational meeting:

(1) the mayor shall submit, for confirmation by the governing body, the names of persons who shall fill the appointive offices and positions of employment of the municipality [and the names of persons who shall be employed by the municipality] that are not covered by a merit system ordinance adopted pursuant to Section 3-13-4 NMSA 1978. If the municipality has not adopted a merit system ordinance, the mayor shall submit the names of all the persons who shall be employed by the municipality; and

(2) if the governing body fails to confirm any person as an appointive official or employee of the municipality, the mayor at the next [regular] meeting of the governing body and at each subsequent meeting of the governing body shall submit the name of [another] a person [to fill the appointed office or to be employed by the municipality] whose nomination by the mayor has not previously been rejected by the governing body to fill the appointed office or position of employment.

B. Any person holding an appointed office at the time of the municipal election shall continue in that office until his successor has been appointed and is qualified."

Section 2. A new section of the Municipal Code, Section 3-12-5 NMSA 1978, is enacted to read:

"3-12-5. [NEW MATERIAL] GOVERNING BODY--ORGANIZATIONAL MEETING.--An organizational meeting of the governing body shall be held as provided in Section 3-8-33 NMSA 1978. At the organizational meeting, the governing body may:

A. organize itself into committees;

B. elect a mayor pro tem; and

C. otherwise act within its powers to organize itself."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.