[Adopted as Ch. 2, Art. 3 of the 1972 City Code]
There is created within the City of Las Vegas the office of
City Manager.
A.
Within 90 days after the effective date of this article or within
90 days after a vacancy has occurred in the office of City Manager,
the governing body shall appoint by a majority vote of all the members
of the governing body a City Manager for an indefinite term of office.
His/her salary shall be fixed by the governing body. The City Manager
shall take an oath of office or affirmation to support the Constitution
and laws of New Mexico and to faithfully perform the duties of his/her
office. The governing body may require a corporate surety bond from
the City Manager for the faithful discharge of his/her duties. The
municipality shall pay for the surety bond.
B.
The governing body may enter into contract of service with the City
Manager concerning his/her term of service, compensation, performance
and other conditions of employment.
A.
The City Manager shall posses demonstrable administrative ability
and, at the time of the appointment, need not be resident of the City
of Las Vegas.
B.
No person who has resigned or vacated an elective office of the City
of Las Vegas shall be eligible for appointment as City Manager until
one year after the expiration of the term for which he/she was elected
or appointed to an elected municipal office.
The City Manager shall be responsible to the governing body
for the proper and efficient administration of the municipal government.
A.
The City Manager shall:
(1)
Be chief
administrative officer of the municipality;
(2)
Enforce and carry out all ordinances, rules and regulations of the
municipality;
(3)
Recommend to the governing body the hiring of department directors
and appoint, subject to confirmation by the governing body, promote,
suspend and discharge (subject to the provisions of a merit system
ordinance) all other employees of the municipality;
(4)
Submit to the governing body an annual operational budget;
(5)
Submit a program for capital improvements;
(6)
Submit recommendations to the governing body on all matters concerning
the welfare of the municipality; and
(7)
Attend every meeting of the governing body personally or through
his/her designee. Except when clearly undesirable or unnecessary,
the governing body shall request the opinion of the City Manager on
any proposed measure considered by the governing body.
B.
The City
Manager may hold other nonelective offices of the municipality, including
the offices of City Clerk and Finance Director.
If a vacancy occurs in the office of City Manager as a result
of death, disability, resignation or removal of the City Manager,
the governing body may appoint a person to serve as Acting City Manager
for a period of time not to exceed 90 days. If the City Manager is
to be absent from the municipality, he/she shall designate an employee
of the administrative service to act in his stead. Such designation
shall be in writing and shall be filed in the office of City Clerk.
A.
By a majority vote of all the members of the governing body, the
City Manager may be removed from office subject to the provisions
of any existing employment contract. If the City Manager requests,
the governing body shall furnish the City Manager in writing a list
of reasons for his/her removal within five days after the request
is filed in the office of the City Clerk.
B.
After receiving a list of reasons for the removal, the City Manager
may file, in writing with the City Clerk, a request for a public hearing
on the removal. Within 10 days after the request for a public hearing
is filed with the City Clerk, the governing body shall hold a public
hearing on the removal of the City Manager.
C.
At the public hearing on the removal, the City Manager may be represented
by counsel and shall be heard by the governing body. At the public
hearing or at its next regular meeting, the governing body, by a majority
vote of all the members of the governing body, shall confirm or rescind
the removal of the City Manager.
D.
If the governing body rescinds the removal of the City Manager, the
City Manager shall receive the salary due during the period of removal.
A City Manager removed from office shall be paid any vacation pay
accrued.
Any City Manager 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.
