New Mexico § 3-12-2 - Governing body; corporate authority; legislative body; members of council and boards of trustees; quorum

§ 3-12-2. Governing body; corporate authority; legislative body; members of council and boards of trustees; quorum

A. The corporate authority of a municipality is vested in the governing body that

shall constitute the legislative branch of the municipality and shall not perform

any executive functions except those functions assigned to it by law. B. A majority of the members of the governing body is a quorum for the purpose of

transacting business. C. Unless otherwise provided by law, a question before the governing body shall be

decided by a majority vote of the members present. D. The governing body of a municipality having a mayor-council form of government

is the council or board of trustees whose members are the mayor and not less than

four or more than ten councilmen or trustees. Any governing body of more than six councilmen or trustees may provide by ordinance

for the election of two councilmen or trustees for each ward or district or create

or abolish wards or districts or alter the boundary of existing wards or districts;

provided that only one councilman or trustee shall be elected from a ward or district

at any one election. E. In those municipalities with a mayor-council form of government, when there is

a requirement that a certain fraction or percentage of the members of the entire governing

body or of all the members of the governing body or of the entire membership of the

governing body or other similar language other than the requirement of a simple majority

vote for the measure, the mayor shall not be counted in determining the actual number

of votes needed but he shall vote to break a tie vote as provided in Section 3-11-3 NMSA 1978 unless he has declared a conflict of interest. F. The governing body of a municipality may redistrict the municipality whenever redistricting

is warranted. Upon petition signed by qualified electors equal in number to the votes cast for

the councilman or trustee receiving the greatest number of votes at the last regular

municipal election, the governing body of the municipality shall redistrict the municipality.