This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The City of Clovis, a home rule municipality in New Mexico, adopted a charter in 1971 establishing a commission-manager form of government with a seven-member city commission. A 1986 federal consent decree, resulting from a Voting Rights Act lawsuit, altered the commission's composition to eight members elected from four dual-member districts. Following the 1990 census, the City began redistricting, but petitioners requested a return to five single-member districts as prescribed by the Municipal Code. The City refused, retaining the dual-member district structure.
Procedural History
- United States District Court, July 18, 1986: Issued a consent decree altering the City of Clovis's districting plan to address Voting Rights Act violations.
- District Court of Curry County, January 1992: Quashed an alternative writ of mandamus sought by petitioners, holding that the City of Clovis, as a home rule municipality, was not bound by the Municipal Code provisions regarding the number of commissioners.
Parties' Submissions
- Petitioners: Argued that the City of Clovis must comply with the Municipal Code provisions requiring five commissioners elected from single-member districts, asserting that these provisions are general laws binding on home rule municipalities.
- Respondents (City of Clovis and its Commission): Contended that as a home rule municipality, the City has the authority to determine its own governmental structure and is not bound by the Municipal Code. They also argued that the state court lacked authority to modify the federal consent decree.
Legal Issues
- Whether the Municipal Code provisions mandating five commissioners in a commission-manager form of government apply to home rule municipalities.
- Whether the City of Clovis, as a home rule municipality, has the authority to establish a different number of commissioners than prescribed by the Municipal Code.
Disposition
- The Supreme Court of New Mexico quashed the alternative writ of prohibition, holding that the Municipal Code provisions do not override the Clovis home rule charter.
Reasons
Per Montgomery J. (Ransom C.J. and Franchini J. concurring):
- The Court emphasized the purpose of the home rule amendment to the New Mexico Constitution, which grants municipalities maximum local self-government and autonomy in matters of local concern.
- The Municipal Code provisions at issue, Sections 3-10-1(B) and 3-14-6(A), were found not to be "general laws" of statewide concern. The number of commissioners in a municipal government was deemed a matter of local concern, affecting only the residents of Clovis.
- The Court held that even if the statutes were general laws, they did not "expressly deny" home rule municipalities the power to establish a different number of commissioners. The statutes lacked clear language preempting local authority in this area.
- The decision reinforced the principle that home rule municipalities are not bound by state statutes in matters of local governance unless expressly denied by general law.