Miscellaneous Provisions

NMSA 1978 ch. 10, art. 17

in effect

NMSA 1978, § 10-17-1 [County, municipal and educational boards; monthly summary of minutes; contents.]

10-17-1. [County, municipal and educational boards; monthly summary of minutes; contents.] That on or before the 10th [tenth] day of each month there shall be prepared by each board of county commissioners in this state, by the council, commission or trustees of every city, town or village in this state, and by every board of education in this state, a summary of the minutes of all meetings held by such board during the preceding calendar month, such summary to mean a full and correct account of all business transacted by such boards and commissions, showing all matters presented, the action taken thereon, or other disposition thereof, and a statement of all monies received by any such boards or commissions during the preceding calendar month, showing the source from which received and the amount received from each source, and a detailed statement of all expenditures made during such preceding calendar month, including a list of all warrants issued, to whom issued, the amount of each warrant and the purpose for which the warrant was issued. Laws 1939, ch. 220, § 1; 1941 Comp., § 10-505; 1953 Comp. § 5-6-5.

NMSA 1978, § 10-17-2 [Filing summary of minutes; furnishing to legal newspapers.]

10-17-2. [Filing summary of minutes; furnishing to legal newspapers.] Such summary of minutes shall be filed with the clerk of each board mentioned in Section 1 [10-17-1 NMSA 1978] hereof and such summary shall be a public record and open to inspection of the public, provided, however, that a copy thereof shall be by the board or commission mailed to each and every legal newspaper published in the county for such use as such newspaper may see fit. Laws 1939, ch. 220, § 2; 1941 Comp., § 10-506; 1953 Comp., § 5-6-6.

NMSA 1978, § 10-17-3 Publication of list of expenditures monthly

10-17-3. Publication of list of expenditures monthly On or before the 10th [tenth] day of each month there may be published in a legal newspaper published in the county where such board or commission is situated, by the council, commission or trustees of every city, town or village in this state, and by every board of education in this state, a summary of expenditures made during the preceding calendar month, which shall include a list of the total expenditures during the month and the amount spent in connection with each budgetary item and a summary of all receipts; provided, however, that the publication herein mentioned shall be made only at the discretion of the council, commission or trustee of every city, town or village, and board of education in this state if they shall deem the said publication necessary in the public interest. Laws 1939, ch. 220, § 3; 1941 Comp., § 10-507; Laws 1947, ch. 189, § 1; 1953, ch. 84, § 1; 1953 Comp., § 5-6-7.

NMSA 1978, § 10-17-4 County and precinct officers; monthly financial statements; audit

10-17-4. County and precinct officers; monthly financial statements; audit All county and precinct officers except justices of the peace shall file monthly statements with the county clerk on the first Monday of each month, showing in detail the amounts of all public money received and disbursed by them. The statements shall be verified by the officers making them and the board of county commissioners shall audit and adjust them in accordance with the facts. 1953 Comp., § 5-6-8, enacted by Laws 1961, ch. 212, § 10.

NMSA 1978, § 10-17-5 [Delivery of lawbooks, records and documents to successors; exception.]

10-17-5. [Delivery of lawbooks, records and documents to successors; exception.] All public officers of this state who may have received lawbooks, as such officers, are hereby required to turn over the same to their successors, as also the records and all other documents relative to their respective offices: provided, that the members of the legislature shall not be included in this section. Laws 1854-1855; C.L. 1865, ch. 92, § 20; C.L. 1884, § 1741; C.L. 1897, § 2557; Code 1915, § 3985; C.S. 1929, § 96-135; 1941 Comp., § 10-510; 1953 Comp., § 5-6-9.

NMSA 1978, § 10-17-7 [Shortages in accounts of public officers; compromise prohibited.]

10-17-7. [Shortages in accounts of public officers; compromise prohibited.] It shall hereafter be unlawful for any state official, district attorney, board of county commissioners or other official charged with the collection of any indebtedness, or the prosecution of any suit for the collection of any indebtedness due to, or claimed by the state, any county, city, town, precinct or school district, from any public official or the sureties on his official bond, to compromise, satisfy or discharge such indebtedness in favor of such official or sureties, except upon payment in full of the amount claimed to be due, or of the amount for which judgment is rendered by a court of competent jurisdiction. Laws 1893, ch. 5, § 1; C.L. 1897, § 3193; Code 1915, § 1864; C.S. 1929, § 39-113; 1941 Comp., § 10-512; 1953 Comp., § 5-6-11.

NMSA 1978, § 10-17-8 [Shortage compromises declared invalid; recovery of full payment; limitation of action.]

10-17-8. [Shortage compromises declared invalid; recovery of full payment; limitation of action.] Any compromise, satisfaction or discharge of indebtedness prohibited by the preceding section [10-17-7 NMSA 1978] of this article is hereby declared to be invalid, and shall not be held a bar to any suit for the collection thereof, and suit may be brought at any time within four years from the date of any such compromise, satisfaction or discharge to enforce the payment thereof, notwithstanding any existing law of limitation. Laws 1893, ch. 5, § 2; C.L. 1897, § 3194; Code 1915, § 1865; C.S. 1929, § 39-114; 1941 Comp., § 10-513; 1953 Comp., § 5-6-12.

NMSA 1978, § 10-17-9 [Defaulting officers; auditor's transcript of account; purpose.]

10-17-9. [Defaulting officers; auditor's transcript of account; purpose.] Whenever any revenue officer or other person responsible for public money has neglected or refused or shall in future neglect or refuse to pay over to the state treasurer the sum or balance for which he is accountable, and which is due to the state, upon the settlement of his accounts, it shall be the duty of the state auditor to make a transcript of the account of such officer or person, with the state, showing the sum due the state by such officer or person, which said account shall be certified as true and correct, as taken from the books of the auditor, and shall be signed by said auditor and sealed with his official seal, and if he shall have no official seal, with his private seal, and the auditor shall transmit the same immediately, together with correct copies of any other document, bond, obligation or other instrument of writing, signed, sealed and certified as aforesaid, to the district attorney or attorney general to be used in the prosecution of such judge, officer, individual and their sureties, if they have such sureties. Laws 1869-1870, ch. 39, § 1; C.L. 1884, § 2284; C.L. 1897, § 3195; Code 1915, § 1866; C.S. 1929, § 39-115; 1941 Comp., § 10-514; 1953 Comp., § 5-6-13.

NMSA 1978, § 10-17-10 [Prosecution for shortage; proof required; judgment; execution.]

10-17-10. [Prosecution for shortage; proof required; judgment; execution.] Such prosecution shall be brought for the whole sum due and the interest accrued, and it shall be sufficient to prove the amount of the debt, and the fact that the securities were the securities of the said officer or individual prosecuted, and judgment shall be given against said officer or individual and their said securities for the sum so due and interest according to law, and execution shall thereupon be issued against all the parties so tried, in favor of the state. Laws 1869-1870, ch. 39, § 2; C.L. 1884, § 2285; C.L. 1897, § 3196; Code 1915, § 1867; C.S. 1929, § 39-116; 1941 Comp., § 10-515; 1953 Comp., § 5-6-14.

NMSA 1978, § 10-17-11 [Institution of shortage prosecution; admissible evidence.]

10-17-11. [Institution of shortage prosecution; admissible evidence.] When any party shall be liable to be prosecuted under the provisions of this and the two preceding sections [10-17-9, 10-17-10 NMSA 1978], it shall be the duty of the district attorney to immediately commence a suit in favor of the state against said party and his securities for the sum due and interest according to law, and in the trial of any cause now or that may be hereafter pending against any officer or person and their securities, the certified transcript of the account of said officer or individual provided for by said sections and the certified copies of any other document, bond, obligation or other instrument of writing sealed, signed and certified in conformity with the said sections, or the originals, shall be admitted as evidence of such debt or liability of said officer or individual, and their securities, and the court trying the cause shall give judgment and issue execution in conformity to said evidence. Laws 1869-1870, ch. 39, § 3; C.L. 1884, § 2286; C.L. 1897, § 3197; Code 1915, § 1868; C.S. 1929, § 39-117; 1941 Comp., § 10-516; 1953 Comp., § 5-6-15.

NMSA 1978, § 10-17-12 [Willful neglect of duty; penalty.]

10-17-12. [Willful neglect of duty; penalty.] When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every wilful [willful] neglect to perform such duty, where no special provision shall have been made for the punishment of such delinquency, shall be deemed a misdemeanor, punishable by imprisonment in the county jail for not less than ten nor more than sixty days or by a fine of not less than $100, nor more than $500. 1941 Comp., § 10-517, enacted by Laws 1951, ch. 13, § 1; 1953 Comp., § 5-6-16.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18510/index.doFetched: 10/20/2026