New Mexico Statutes Chapter 3. Municipalities § 3-11-6. Mayor; authority to appoint, supervise and discharge employees

Current as of January 01, 2024 | Updated by Findlaw Staff

A. Subject to the approval of a majority vote of all members of the governing body, the mayor shall:

(1) appoint all officers and employees except those holding elective office; and

(2) designate an employee to perform any service authorized by the governing body.

B. The mayor may appoint temporary employees as required for the proper administration of municipal affairs. The employee shall serve only until the next regular meeting of the governing body at which a quorum is present. The temporary employment shall cease, and the employee shall not be reappointed unless appointment is confirmed by the governing body. A temporary employee is entitled to usual, ordinary and reasonable compensation for services rendered to the municipality.

C. Only the mayor shall:

(1) supervise the employees of the municipality;

(2) examine the grounds of reasonable complaint made against any employee; and

(3) cause any violations or neglect of the employees' duties to be corrected promptly or reported to the proper authority for correction and punishment.

D. Subject to the limitation of a merit system ordinance of the municipality:

(1) the governing body may discharge an appointed official or employee by a majority vote of all the members of the governing body; and

(2) the mayor may discharge an appointed official or employee upon the approval of a majority vote of all the members of the governing body.

E. The mayor may suspend an appointed official or employee until the next regular meeting of the governing body, at which time the suspension shall be approved or disapproved by a majority vote of all the members of the governing body. If the suspension of the appointed official or employee is disapproved by the governing body, the suspended appointed official or employee shall be paid the compensation that the appointed official or employee was entitled to receive during the time of the suspension.

F. Any appointed official or employee who is discharged shall:

(1) upon the official's or employee's request, be given, by the mayor in writing, a list of reasons for the discharge; and

(2) be paid any vacation pay that may have accrued, subject to the limitations of a merit system ordinance.

G. Neither the mayor nor the governing body shall supervise, hire, discipline or terminate any employee, personnel or judge of the judicial branch.

H. Appointed members shall not be subject to a merit system ordinance.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 3. Municipalities § 3-11-6. Mayor; authority to appoint, supervise and discharge employees - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-3-municipalities/nm-st-sect-3-11-6/

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