Section 3-10-1 - Officers; elective; term of office. - New Mexico Statutes

3-10-1. Officers; elective; term of office.

A.     The elective officers of a municipality having a mayor-council form of government are:   

(1)     one mayor;   

(2)     the members of the governing body; and   

(3)     a municipal judge.   

B.     The elective officers of a municipality having a commission-manager form of government are:   

(1)     five commissioners; and   

(2)     a municipal judge.   

C.     Notwithstanding the provisions of Subsection A of this section, a municipality with a population of five hundred persons or less in the last federal decennial census shall not have a municipal judge if it adopts an effective ordinance in accordance with the provisions of Subsection B of Section 35-14-1 NMSA 1978.   

D.     In every noncharter municipality, except those noncharter municipalities having a commission-manager form of government or electing members of the governing body from districts, the terms of office for the mayor and members of the governing body shall be four years. The term of office for members of the governing body shall be staggered so that the terms of office for one-half of the members of the governing body will expire every two years.   

E.     Any elected municipal official whose term of office has expired shall continue in that office until his successor is elected and has taken office pursuant to the provisions of the Municipal Election Code [Chapter 3, Articles 8 and 9 NMSA 1978].