The manager shall be the chief administrative officer. He shall be employed for an indefinite term and until a vacancy is created by death, resignation or removal by the commission. The manager shall be appointed solely on the basis of administrative qualifications and his selection shall not be limited by reason of former residence. The manager shall receive a salary to be fixed by the commission. History: 1953 Comp., § 14-13-13, enacted by Laws 1965, ch. 300. Cross references. — For appointment of manager, see 3-13-3 NMSA 1978. City manager operates under the control of the governing body. — The city manager is appointed by the mayor, with the approval of the city council. The city manager is therefore accountable to the mayor and city council and responsible for carrying out the council's policy decisions consistent with the council's expectations. Authority of City Manager in a Mayor-Council Municipality (6/23/22), Att'y Gen. Adv. Ltr. 2022-02. Mayor is empowered to discharge a city manager but only with the city council's approval. 1987 Op. Att'y Gen. No. 87-69. Municipal manager is not public officer of municipality for purposes of N.M. Const., art. V, § 13. 1979 Op. Att'y Gen. No. 79-28. Procedure governing removal. — This section, in providing that the manager shall be employed for an indefinite term and shall hold office until, among other things, he is removed by the commission, is tantamount to saying that the manager holds office at the pleasure of the commission and so is not entitled as a matter of law to notice and hearing prior to removal. However, if the commission so desires, nothing prohibits the commission from establishing some sort of procedure governing removal. 1957 Op. Att'y Gen. No. 57-126. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 186. Liability for acts or omissions of city manager, 38 A.L.R. 1412. Constitutionality of city manager form of government, 67 A.L.R. 737. Prohibition to control administrative officers in matters relating to contracts, 115 A.L.R. 22, 159 A.L.R. 627.
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