In case of the death, disability, resignation or change of residence, from the municipality, of the mayor, the governing body shall appoint by majority vote a qualified elector to fill the vacancy for the unexpired term of office.
History: 1953 Comp., § 14-10-2, enacted by Laws 1965, ch. 300.
ANNOTATIONSCross references. — For election of mayor pro tem by governing body in the absence of the mayor, see 3-12-3 NMSA 1978.
Office of mayor is not vacant so long as present mayor retains authority to conduct the affairs of that office. 1969 Op. Att'y Gen. No. 69-106.
The fact that a mayor may have tendered to the city council a prospective resignation effective at a future date does not compromise or defeat his legal authority to act as mayor until that date. 1969 Op. Att'y Gen. No. 69-106.
When successor to resigning mayor acquires authority. — Although the city council may choose the successor to a resigning mayor before the effective date of the present mayor's resignation, the successor does not acquire any authority or power by way of that selection and may not assume such power or authority until the office becomes vacant. 1969 Op. Att'y Gen. No. 69-106.
A resigning mayor may not appoint his successor. 1969 Op. Att'y Gen. No. 69-106.
Members of the city council possess the authority to select a resigning mayor's successor. 1969 Op. Att'y Gen. No. 69-106.
Resigning mayor authorized to cast tie-breaking vote. — Since it is contemplated that the city council's action in selecting a resigning mayor's successor would be taken before the effective date of the former's resignation, the resigning mayor would be authorized to cast a deciding vote in the event of a tie on the choice of a successor. 1969 Op. Att'y Gen. No. 69-106.