[Adopted as Ch. 2, Art. 4 of the 1972 City Code; amended 10-14-1998 by Ord. No. 98-7]
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.
A. 
The City Attorney shall be the legal advisor to the governing body and City Manager; he/she shall have the right to be heard at any meetings of the City Council, and such meetings as he/she shall be requested to attend by the City Manager; he/she shall have the right to be heard at any meetings of the City Council at which matters involving questions of law are being discussed; he/she shall render to the governing body and City Manager his/her opinion upon any questions of law involving the interests of the City at all times when requested to do so; he/she shall review and prepare all contracts to be entered into by the City, and submit the same to the City Council when requested by the City Manager; he/she shall review or prepare all ordinances of the City, and submit them to the governing body for approval.
B. 
The City Attorney shall draft and prepare and process all documents for the use of police officers in the carrying out by them of the duties of their office, whenever requested by the Police Chief; he/she shall prosecute all actions brought in the Municipal Court on behalf of the City, whenever requested by the Municipal Judge, or whenever in his/her judgment it is for the general welfare of the City that any such action should be so prosecuted.
C. 
The City Attorney shall supervise and pass upon the legality as to the manner and form of all bonds to be given by any person or corporation entering into such a contractual relationship with the City as requires giving of a bond to the City.
D. 
The City Attorney will perform such other legal duties as are consistent with his/her office or as assigned by the City Manager.
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.