N.M. Stat. Ann. § 3-11-4
The mayor is the chief executive officer and shall:
History: 1953 Comp., § 14-10-4, enacted by Laws 1965, ch. 300; 1978 Comp., § 3-11-4, 2025, ch. 40, § 4.
The 2025 amendment, effective June 20, 2025, clarified mayoral authority, powers and duties; in Subsection B, after "municipality" deleted "powers conferred upon sheriffs of counties" and added "the authority, indirectly through the use of police personnel"; and in Subsection C, after the semicolon, added "provided that such performance is in accordance with state law or the municipality's charter".
Immunity. — Because a mayor's duties are not principally those of a direct law enforcement nature, a mayor is immune from suit under the Tort Claims Act. Montes v. Gallegos, 812 F. Supp. 1165 (D.N.M. 1992).
Warrantless arrest. — If the conduct of the plaintiff at the time appeared reasonably to the mayor and police chief to amount to a disturbance of the peace, or to be otherwise unlawful in its nature, committed as it was in the presence of the mayor and chief of police, then they were authorized to arrest the plaintiff without a warrant. Cherry v. Williams, 1957-NMSC-086, 63 N.M. 244, 316 P.2d 880.
Dual office holding. — The duties imposed upon the mayor by this section are not incompatible with those of a district attorney, and both offices may be filled by the same person contemporaneously. State ex rel. Chapman v. Truder, 1930-NMSC-049, 35 N.M. 49, 289 P. 594.
Law enforcement responsibilities of the mayor. — A mayor’s authority to exercise "powers conferred upon sheriffs of counties to suppress disorders and keep the peace" gives the mayor some law enforcement functions but does not make the mayor a law enforcement officer. The limited law enforcement functions conferred upon a mayor under this section do not give the mayor discretionary authority over enforcement actions against, or prosecution of, persons who violate city ordinances, but, rather, a mayor may act to suppress disorders and keep the peace indirectly through the police. Authority of City Manager in a Mayor-Council Municipality (6/23/22), Att’y Gen. Adv. Ltr. 2022-02.
Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 281.
Prohibition as means of controlling action of mayor, 115 A.L.R. 14, 159 A.L.R. 627.
62 C.J.S. Municipal Corporations § 370.