NMAGO 03-02.

• Case Date: January 16, 2003
• Court: New Mexico

New Mexico Attorney General Opinions 2003. NMAGO 03-02. January 16, 2003OPINION OF PATRICIA A. MADRID Opinion No. 03-02BY: Zachary Shandler Assistant Attorney General TO: The Honorable Steve Komadina State SenatorP.O. Box 2085Corrales, NM 87048 QUESTION: Does a mayor in a mayor/council form of government have the right to break a tie vote?CONCLUSION: A mayor always has the right to break a tie vote even when a supermajority vote is required. Therefore, this Opinion Letter overrules N.M. Att'y Gen. Op. No. 90-02 (1990). FACTS: The Village of Corrales has a mayor/council form of government. There are four councilors and a mayor. ANALYSIS: There are two rules of statutory construction that apply to this matter. First, a statute should be read according to its plain, written meaning. See Wilson v Denver, 125 N.M. 308, 314, 961 P.2d 153 (1998). Second, a "statute, together with other statutes in pari materia, must be read together to ascertain the legislative intent." Roth v. Thompson, 113 N.M. 331, 334, 825 P.2d 1241 (1992). New Mexico law, in pertinent part, reads: The mayor of a municipality is the presiding officer of the governing body. In all municipalities the mayor shall vote only when there is a tie vote. NMSA 1978, § 3-11-3 (1992). In those municipalities where a mayor has no vote except in case of a tie vote and there is a requirement that a certain fraction or percentage of the members of the entire governing body or of all the members of the governing body or of the entire membership of the governing body or similar language other than the requirement of a simple majority vote for the measure, the mayor shall not be counted in...