The City Attorney shall be appointed by the Mayor upon recommendation
of the City Manager and subject to confirmation by the governing body.
He/she shall be a member of the bar of the state, in good standing,
and have practiced in the courts thereof for at least five years before
being appointed to such office. The governing body may enter into
a contract with the Attorney concerning his/her term of service, compensation,
performance and other conditions of employment.
The City Attorney, prior to entering into or performing his/her
duties, shall take an oath or affirmation complying with the provisions
of NMSA 1978, § 3-10-2, as amended.
This is an "at will" position and the City Attorney performs under the direction of the City Manager. This position is dismissed by the Mayor and confirmed by the Council upon recommendation by the City Manager and does not fall within the City's Merit System Plan for purposes of dismissal. (Authority: Art.
III, Section 8 of the City Charter.)
If a vacancy occurs in the office of City Attorney as a result
of death, disability, resignation or removal of the City Attorney,
the governing body may appoint a person to serve as Acting City Attorney
for a period of time not to exceed 90 days.
Any City Attorney who resigns or is removed from office shall
immediately deliver to the City Clerk by memorandum all money, records,
property or other things in his/her charge and belonging to the municipality,
including any work product created by him/her.