HOUSE BILL 819

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Rodolpho "Rudy" S. Martinez

AN ACT

RELATING TO MUNICIPALITIES; CLARIFYING THE NOMINATION AND CONFIRMATION OF CERTAIN MUNICIPAL OFFICIALS; PROVIDING FOR CERTAIN ACTIONS AT AN ORGANIZATIONAL MEETING OF A MUNICIPAL GOVERNING BODY.

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 organizational meeting of the governing body [which] following the election of a mayor, which meeting shall be scheduled pursuant to Section 3-8-33 NMSA 1978 of the Municipal Election Code, the mayor [shall submit] may nominate, for confirmation by the governing body, [the names of] persons who shall fill the appointive and exempt offices of the municipality [and the names of persons who shall be employed by the municipality]. 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 shall submit the name of another person to fill the appointed office or to be employed by the municipality.

          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] or exempt official, that person shall not assume the appointive or exempt office to which the person was nominated. If the governing body fails to confirm a nomination, the mayor may make additional nominations to fill appointive or exempt offices subject to confirmation by the governing body.

          B. At the organizational meeting, the governing body may:

                (1) organize itself into committees;

                (2) elect a mayor pro tempore; and

                (3) otherwise act within its powers to organize itself."

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