VANAMBERG, ROGERS, YEPA, ABEITA, GOMEZ & WILKINSON, LLP
RONALD J, VANAMBERG (NM)
ATTORNEYS AT LAW
P,O, BOX 1447
SANTA FE, NM 87504-1447
(505) 988-8979
FAX (505) 983-7508
3~,7 EAST PALACE AVENUE
SANTA FE, NEW MEXICO 87501
July 21, 2020
Citizens for an Open and Responsible Edgewood (CORE)
[address omitted]
Edgewood, NM 87015
Attn: Mr. Jerry Powers
Dear Mr. Powers:
You recently asked for my legal conclusions as to whether the Town of Edgewood, if it elects to form the Commission-Manager form of government, is required to create five Commissioner Districts where one Commissioner is to be elected from each of the five districts. The short answer is no. After reviewing the applicable law (NMSA 3-14-6) I find that:
Nothing in the law requires any town having populations less than 10,000, such as the Town of Edgewood (population 6198) to vote for single mt:rnbt:r districts [emphasis added]. This means that Edgewood residents can still vote for all five Commissioners if the Special Election result is to implement the Commission manager form of government. The law does give the option for towns of less than 10,000 population (such as Edgewood) to vote in single district members, but that is an option only and not required by law.
Section 3-14-6 provides that a single-member district “may” be created, which means that the only residency requirement for any commissioner is that she/he reside within the Town of Edgewood and all voters may vote for all five commissioners.
Please let me know if you have any questions.
Thank you.
s/ Digital Signature
Ronald VanAmberg
