Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR Moore

DATE TYPED 3/8/05

HB 276/aHVEC

SHORT TITLE Removal of Municipal Officers

SB

ANALYST Hadwiger

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Finance and Administration (DFA)

SUMMARY

Synopsis of HVEC Amendment

The amendment strikes the first option below which allows removal of a person elected or ap-

pointed to an elective office in a commission-manager municipality by the district court for mal-

feasance in office upon complaint of the governing body of the municipality.

Synopsis of Original Bill

House Bill 276 would establish two ways a person elected or appointed to an elective office in a

commission-manager municipality may be removed from office:

1.

by the district court for malfeasance in office upon complaint of the governing body of

the municipality,

2.

by the district court pursuant to a jury trial fort the following reasons:

a.

conviction of any felony or of any misdemeanor involving moral turpitude;

b.

failure, neglect or refusal to discharge the duties of the office, or failure, neglect

or refusal to discharge any duty devolving upon the officer by virtue of his of-

fice;

c.

knowingly demanding or receiving illegal fees as such officer;

d.

failure to account for money coming into his hands as such officer;

e.

gross incompetency or gross negligence in discharging the duties of the

House Bill 276/aHVEC -- Page 2

office; and

f.

any other act or acts, which in the opinion of the court or jury amount to corrup-

tion in office or gross immorality rendering the incumbent unfit to fill the office.

3.

The bill would eliminate use of recall elections to remove elective officers in commis-

sion-manager systems.

Significant Issues

According to the Department of Finance and Administration (DFA), there are eight commission-

manager municipalities in New Mexico: Alamogordo, Aztec, Clovis, Hobbs, Lovington, Raton,

Truth or Consequences and Tucumcari. For these eight municipalities, HB276 provides a new

section of the Municipal Code allowing removal by the district court of a person elected or ap-

pointed to an elective office in a commission-manager municipality for malfeasance in office.

Should this legislation fail enactment, the current statute, Section 3-4-16 NMSA 1978 will con-

tinue offering recall as a means of removing elected or appointed officers from a commission-

manager form of municipal government. However, this statute requires procedures that must be

satisfied before an officer can be removed including collection of signatures on a petition and a

recall election. Should an elected or appointed local officer succeed in retaining his seat, an offi-

cer in question will not be subject to recall until six months have elapsed from the date the previ-

ous recall election was held.

OTHER SUBSTANTIVE ISSUES

The bill does not define malfeasance. There may not be a clear judicial standard for removing

elected officials under this proposal. Also, it is not clear what constitutes a “complaint of the

governing body of the municipality.” Would this require a majority vote or could a single city

councilor file such a complaint. There is some potential that this means of removal could be

manipulated for political purposes in intra-commission conflicts, regardless the outcome of the

removal trial.

In general, voters have been reluctant to relinquish the ability to recall elected officials, regard-

less how infrequently this process is actually employed.

DH/sb:yr