State Codes and Statutes

State Codes and Statutes

Statutes > New-mexico > Chapter-3 > Article-11 > Section-3-11-6

3-11-6. Mayor; authority to appoint, supervise and discharge employees.

A.     Subject to the approval of a majority 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 his appointment is confirmed by the governing body. A temporary employee is entitled to the usual, ordinary and reasonable compensation for services rendered to the municipality.   

C.     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 adopted as authorized in Section 3-13-4 NMSA 1978:   

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

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

(3)     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 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 he was entitled to receive during the time of his suspension.   

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

(1)     upon his request, be given, by the mayor in writing, a list of reasons for his discharge; and   

(2)     be paid any vacation pay which he may have accrued.