This text of New Mexico § 3-12-2 (Governing body; corporate authority; legislative body;) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
members of a governing body and boards of trustees; quorum; recusal.
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 currently serving is a quorum for the purpose of transacting business. All members of the governing body present at a meeting are counted toward a quorum.
C.Unless otherwise provided by law, a question before the governing body shall be decided by a majority vote of the members present.
D.A member of a governing body shall recuse the member's self from a vote only when a true or perceived conflict of interest exists regarding an item curren
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members of a governing body and boards of trustees; quorum; recusal. 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 currently serving is a quorum for the purpose of transacting business. All members of the governing body present at a meeting are counted toward a quorum. C. Unless otherwise provided by law, a question before the governing body shall be decided by a majority vote of the members present. D. A member of a governing body shall recuse the member's self from a vote only when a true or perceived conflict of interest exists regarding an item currently being deliberated by the governing body. Upon the recusal at such meeting, the governing body member shall state the conflict of interest on the record and then leave the meeting room until deliberation on that item has concluded. A recusal or abstention of a governing body member is counted as a vote neither for nor against a question before the governing body. E. The governing body of a municipality having a mayor-council form of government is the governing body or board of trustees whose members are the mayor and not less than four or more than ten members of the governing body or trustees. Any governing body of more than six members of the governing body or trustees may provide by ordinance for the election of two members of the governing body 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 member of the governing body or trustee shall be elected from a ward or district at any one election. F. 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 shall vote to break a tie vote as provided in Section 3-11-3 NMSA 1978, unless the mayor has declared a conflict of interest. G. 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 member of the governing body or trustee receiving the greatest number of votes at the last regular municipal election, the governing body of the municipality shall redistrict the municipality.