Chapter 2.10


Article I. General Provisions

2.10.010    Oath of officers.

2.10.020    Officers designated.

Article II. Treasurer

2.10.030    Powers and duties.

2.10.040    Reports.

2.10.050    Funds.

2.10.060    Registry of Village warrants.

Article III. Village Clerk-Administrator

2.10.070    Title – Salary.

2.10.080    Duties.

2.10.090    Appointment.

Article IV. Village Attorney

2.10.100    Qualifications.

2.10.110    Powers and duties.

2.10.120    Compensation – Additional counsel.

2.10.130    Right to be heard.

Article V. Village Chief of Police

2.10.140    Powers and duties.

*    Prior legislation: Ords. 2 § 8, 28, and 56.

Article I. General Provisions

2.10.010 Oath of officers.

Each and every officer of the Village of Cimarron, whether elected or appointed, shall, before entering upon the duties of his/her office, take and subscribe an oath that he/she will well and truly perform the duties of his/her office to the best of his/her skill and ability, and that he/she will support the constitution of the United States, and the laws of the state of New Mexico, and said oath to be in the form prescribed by law. [Amended during 2014 codification; Ord. 2 § 1, 1910].

2.10.020 Officers designated.

The officers of said Village shall be a mayor, six councilors, a village clerk-administrator, a village attorney and a village chief of police. [Amended during 2014 codification; Ord. 2 § 2, 1910].

Article II. Treasurer

2.10.030 Powers and duties.

The treasurer shall receive all moneys belonging to the Village of Cimarron, and shall keep his/her books and accounts in such a manner as may be prescribed by ordinance, and such books and accounts shall always be subject to inspection by any member of the governing body. He/she shall keep a separate account of each fund or appropriation and the debits or credits belonging thereto. The treasurer shall give every person paying money into the treasury a receipt therefor, specifying the date of payment and upon what account paid, and he/she shall file a statement of such receipts with the clerk-administrator at the date of each monthly report.

He/she shall at the end of each and every month, and oftener, if required, render an account to the governing body or such officer as shall be designated by ordinance, showing the state of the treasury, and upon what account during the preceding month, which account with all warrants, and warrants heretofore paid by him/her, any and all vouchers held by him/her, shall be delivered to the clerk-administrator and filed with said account, in the clerk-administrator’s office, upon every day of such statement. He/she shall return all warrants paid by him/her stamped or marked “paid.” He/she shall keep a register of all warrants redeemed and paid which shall describe such warrants and show the date, amount, number, the fund from which paid, and the name of such person to whom paid and when paid. He/she may be required to keep all moneys in his/her hands belonging to the Village of Cimarron in such place of deposit as may be designated by ordinance; provided, however, no such ordinance shall be passed by which the custody of such money shall be taken from the treasurer.

The treasurer shall keep all money belonging to the Village of Cimarron in his/her hands, separate and distinct from his/her own moneys, and he/she is hereby expressly prohibited from using either directly or indirectly the Village of Cimarron’s money or warrants, in his/her hands for his/her own use or benefit, or that of any other person or persons whomsoever.

Any violation of this provision shall forfeit his/her bond and subject him/her to immediate removal from office by the governing body, who are hereby authorized to declare said office vacant, and in which case his/her successor shall be appointed by the mayor and confirmed by the governing body and shall hold his/her office for the remainder of the unexpired term. [Amended during 2014 codification; Ord. 2 § 4, 1910].

2.10.040 Reports.

The treasurer shall report to the governing body, as often as required, a full and detailed account of all receipts and expenditures of the Village of Cimarron as shown by his/her books up to the time of his/her report; and he/she shall annually between the first and tenth of June make out and file with the clerk-administrator a full and detailed account of such receipts and expenditures, and all his/her transactions as such treasurer during the preceding fiscal year, which account the clerk-administrator shall immediately cause to be published in a newspaper printed in such Village if there be one, and if not, then by posting one in a public place in the clerk-administrator’s office. [Amended during 2014 codification; Ord. 2 § 5, 1910].

2.10.050 Funds.

All warrants drawn on the treasury must be signed by the mayor, countersigned by the clerk-administrator, shall have the official seal affixed and shall state the particular fund or appropriation to which the same is chargeable, and the person to whom payable, and no money shall be drawn except as hereinafter provided.

All money received on any special assessment shall be held by the treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made and said money shall be used for no other purpose whatever unless to reimburse such corporation for money spent for such improvement. [Amended during 2014 codification; Ord. 2 § 6, 1910].

2.10.060 Registry of village warrants.

The treasurer shall have and keep in his/her office a book to be called the registry of Village warrants, wherein shall be entered and set down every Village warrant, set the date of the presentation thereof, and without any interval or blank lines between any such entries and the one preceding it.

Such registry of Village warrants shall be open at all reasonable hours to the inspection of any person desiring to inspect or examine the same. [Amended during 2014 codification; Ord. 2 § 7, 1910].

Article III. Village Clerk-Administrator

2.10.070 Title – Salary.

The Village shall employ and annually establish the salary of a chief administrative officer to hold the title of clerk-administrator. [Ord. 178 § 1, 1993].

2.10.080 Duties.

The clerk-administrator of the Village shall:

A. Keep in custody all minutes, ordinances and resolutions approved by the governing body;

B. Attend all meetings of the governing body, prepare and publish agenda, prepare minutes, and attend other meetings as directed by the governing body;

C. Record all proceedings, ordinances and resolutions of the governing body;

D. Upon request, furnish copies of municipal records. The clerk-administrator may charge a reasonable fee for the cost of furnishing copies of municipal records;

E. Within broad policy guidelines, assist the governing body in coordinating, administering and implementing the day-to-day affairs of government;

F. Represent the Village in regard to local, regional, state and federal activities of concern of the Village;

G. Develop and submit the annual budget, prepare supporting justification for presentation to the governing body; and advise the council on financial status and needs of the Village;

H. As procurement officer, assume the responsibility for all facets of purchasing;

I. Administer personnel matters as personnel officer; make policy; recommend full-time appointments and terminations for council approval; and coordinate employment benefit packages;

J. Coordinate activities with consulting engineer and village attorney;

K. Attend training and professional development workshops at the expense of the Village, as approved and directed by the governing body; and

L. Perform other work as directed.

Work involves planning, organizing, executing and directing a variety of Village activities as directed by the governing body. Work includes responsibility for preparation of all ordinances, resolutions, minutes, and financial administration; and representing the Village in state and local activities. Work is performed with considerable latitude for independent action and decision-making under the broad policy guidance of the governing body and is reviewed through meetings, reports and observation of results obtained. This work is primarily concerned with administrative, clerical and accounting in the management of Village government activities. [Amended during 2014 codification; Ord. 178 § 2, 1993].

2.10.090 Appointment.

The clerk-administrator shall be appointed by the mayor with the advice and consent of the governing body. [Ord. 178 § 3, 1993].

Article IV. Village Attorney

2.10.100 Qualifications.

The village attorney, at the time of his/her appointment, shall be a member of the bar in good standing, and one who is admitted to the practice of law in the court of the state of New Mexico. [Amended during 2014 codification; Ord. 2 § 9, 1910].

2.10.110 Powers and duties.

The village attorney shall give his/her opinion on legal questions, verbally or in writing, to the governing body, mayor, or any trustee whenever requested. He/she shall advise, when applied to, any office of the Village as to the conduct of his/her office and shall prepare and pass upon the legality of all ordinances, contracts, bonds, and other writings affecting the interests of the Village.

The village attorney shall, by virtue of his/her office, represent the Village when possible in all suits in the district court to which it is a party, including cases appealed from the justice court. [Amended during 2014 codification; Ord. 2 § 10, 1910].

2.10.120 Compensation – Additional counsel.

The village attorney shall represent the Village as its attorney in all suits and proceedings to which it is a party in the Supreme Court of New Mexico, and for services so rendered he/she shall be paid just and reasonable fees and compensation, to be fixed by the governing body in each instance of service; provided, that whenever the village attorney by reason of interest or other reason is disqualified or, because of any disability, should not be able to attend any such suit or proceeding, other counsel may be employed to represent the Village, and it shall be at the option of said counsel at all times to employ assistant, additional or other counsel, if deemed advisable. [Amended during 2014 codification; Ord. 2 § 11, 1910].

2.10.130 Right to be heard.

The village attorney shall have the right to be heard upon all questions or motions, before the governing body, amending, repealing, or in any way affecting an ordinance in force or to be enacted by the governing body when the legality of such action or supposed action shall be called in question. [Amended during 2014 codification; Ord. 2 § 13, 1910].

Article V. Village Chief of Police

2.10.140 Powers and duties.

It shall be the duty of the village chief of police to serve all processes which shall be lawfully directed to him/her. It shall be his/her duty to see that all ordinances and regulations passed by the governing body are promptly and effectually enforced.

Chief of police shall obey all orders of the mayor and governing body, and attend all regular meetings of the governing body. In the event attendance is not possible, a written report will be submitted.

It shall be his/her duty with or without process to apprehend any person found disturbing the peace or offending against any ordinance of the Village and forthwith take such persons before the justice of the peace of the precinct to be dealt with as provided by ordinance. [Amended during 2014 codification; Ord. 2 § 14, 1910].