State Ex Rel. Haynes v. Bonem

845 P.2d 150, 114 N.M. 627
CourtNew Mexico Supreme Court
DecidedNovember 16, 1992
Docket20319
StatusPublished
Cited by22 cases

This text of 845 P.2d 150 (State Ex Rel. Haynes v. Bonem) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Haynes v. Bonem, 845 P.2d 150, 114 N.M. 627 (N.M. 1992).

Opinion

OPINION

MONTGOMERY, Justice.

We issued an alternative writ of prohibition in this case to consider an important question relating to the legislative powers of home rule municipalities under New Mexico law: whether a home rule municipality may provide for a different number of members of its governing body than the number prescribed by the Municipal Code. 1 More specifically, the question is whether the City of Clovis, a home rule municipality that has adopted a commission-manager form of government, is bound by the provisions of NMSA 1978, Sections 3-10-l(B) and 3-14-6(A) (Repl.Pamp.1985), to constitute its city commission with five members, or may instead provide for a different number as set out in its charter.

We hold that neither Section 3-10-l(B) nor Section 3-14-6(A) is a general law that expressly denies to a home rule municipality the power to provide for a different number of city commissioners than that fixed in those statutes. More broadly, we hold that the purpose of the home rule amendment to our Constitution 2 — to provide for maximum local self-government— would be frustrated by applying the statutes to a home rule municipality, because the subject of the legislation (composition of the municipal government) is a matter of local concern; and, even if the subject is regarded as a matter of statewide concern, the legislature has not expressly denied the power to enact a composition different from that set out in the Municipal Code.

I.

The City of Clovis adopted its home rule charter in 1971. The charter provides that the City is to be governed by a commission-manager form of government and calls for a seven-member city commission, with four commissioners to be elected from four single-member districts and three commissioners to be elected at large.

In 1985, two residents of Clovis sued the City in the United States District Court for the District of New Mexico for alleged violations of the federal Voting Rights Act. 3 The lawsuit resulted in a judgment by consent decree on July 18, 1986. The consent decree changed the number of members on the city commission and the method of their election. It ordered that the commission be composed of eight members, to be elected from four dual-member districts. The consent decree set forth a specific districting plan for the City and stated that the districting plan would “remain in effect” until the Clovis City Commission had the responsibility or opportunity to redistrict based on the 1990 census. It further provided that “[ajfter that time, any claim that any districting plan employed by the Clovis City Commission violates federal law or the law of the State of New Mexico must be pursued, if at all, through a new and different lawsuit or other legal proceeding.”

Following entry of the federal court judgment, the City of Clovis implemented the new districting plan in accordance with the terms of the consent decree. That plan remained in effect until 1991, when the City began redistricting to comport with the 1990 census. While the City was considering various redistricting plans, the petitioners in this case requested that the City change the composition of the Commission from eight members, elected from four dual-member districts, to five members, elected from five single-member districts. The petitioners based their request on various provisions of the Municipal Code, including Section 3-10-l(B), which states that the elective officers of a commission-manager form of government shall include five commissioners, and Section 3-14-6(A), which provides that the governing body of a commission-manager form of government shall district the municipality into five single-member districts. 4

The Clovis City Commission refused petitioners’ request and instead adopted a redistricting plan that retained four dual-member districts. Subsequently, petitioners filed a petition for a writ of mandamus in the District Court of Curry County, requesting that the court order the City Commission to adopt a plan providing for five single-member commissioner districts.

The district court issued an alternative writ of mandamus, directing the respondents (the Commission and its members, who are the Real Parties in Interest in this Court) to answer the writ and appear at a hearing on December 5, 1991. The respondents filed their answer and then moved to quash the writ, asserting that the City of Clovis, as a home rule municipality, has the right to establish its own form and organization of municipal government and is not bound by the provisions of the Municipal Code relating to the commission-manager form of government. Additionally, they argued that the state court had no authority to modify the districting plan set forth in the 1986 federal court consent decree.

Following two hearings, the district court entered an order quashing the alternative writ of mandamus. In explaining its decision in a January 1992 letter to the parties, the court first rejected the respondents’ argument that the state court had no authority to modify the consent decree. It found that, because the prerequisites to redistricting set forth in the consent decree had occurred, there was no federal preemption of the right to implement an alternative districting plan. Nevertheless, the court concluded that mandamus was not appropriate because the City of Clovis was not required to comply with Sections 3-10-1(B) and 3-14-6(A). The court distinguished Casuse v. City of Gallup, 106 N.M. 571, 746 P.2d 1103 (1987), in which this Court held that NMSA 1978, Section 3-12-1.1 (Cum.Supp.1992), which requires that members of municipal governing bodies reside in and be elected from single-member districts, applies to home rule municipalities. The district court stated that it found no legislative intent that Sections 3-10-l(B) and 3-14-6(A) should apply to home rule municipalities and that therefore, while Casuse requires that the city commissioners be elected from single-member districts, the law does not otherwise require the number of commissioners to be five. In quashing the writ, the court granted petitioners two weeks to amend their request for relief, presumably to seek an order that the Commission redistrict into single-member districts.

Petitioners chose not to amend their petition, stating that “[s]imply requiring the City to go to single member districts is unacceptable to the Petitioners.” Instead, they petitioned this Court for a writ of prohibition, requesting that we issue a writ prohibiting the district court from dismissing their petition for a writ of mandamus. We issued an alternative writ of prohibition, established a briefing schedule, and heard oral argument. On February 25, 1992, with the municipal election scheduled for April 7, 1992, we issued our order quashing the alternative writ of prohibition. Because we believe that the proceeding presents a significant issue relating to the powers of home rule municipalities, we now issue this opinion to explain our reasons for quashing the alternative writ. 5

II.

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Bluebook (online)
845 P.2d 150, 114 N.M. 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-haynes-v-bonem-nm-1992.