HOUSE BILL 276

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Brian K. Moore

AN ACT

RELATING TO MUNICIPALITIES; PROVIDING FOR REMOVAL OF MUNICIPAL OFFICERS IN COMMISSION-MANAGER GOVERNMENTS; REPEALING PROVISIONS FOR RECALL OF ELECTED MUNICIPAL OFFICIALS IN COMMISSION-MANAGER GOVERNMENTS.

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

     Section 1. A new section of the Municipal Code is enacted to read:

     "[NEW MATERIAL] COMMISSION-MANAGER--REMOVAL FROM OFFICE--PROCEDURES.--A person elected or appointed to an elective office in a commission-manager municipality may be removed from office:

          A. for malfeasance in office by the district court upon complaint of the governing body of the municipality. The officeholder against whom a complaint is filed is entitled to a hearing at a time fixed by the court after not less than ten days' notice of the proceedings by service, as in the case of summons in civil actions, with a copy of the complaint filed in the proceedings; or

          B. in accordance with the procedures for removal from office of local officers as provided in Chapter 10, Article 4 NMSA 1978."

     Section 2. REPEAL.--Section 3-14-16 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-13-16) is repealed.

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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