Salaries and Provisions Applicable to More Than One Office

NMSA 1978 ch. 4, art. 44

in effect

NMSA 1978, § 4-44-1 Classification for salary purposes

4-44-1. Classification for salary purposes A. For the purpose of fixing salaries of county officers, the several counties of the state, except "H" class counties, are classified as follows: (1) those having a final, full assessed valuation of over seventy-five million dollars ($75,000,000) and a population of one hundred thousand persons or more as determined by the most current annual population data or estimate available from the United States census bureau, as class "A" counties; and (2) those having a final, full assessed valuation of over seventy-five million dollars ($75,000,000) and a population of less than one hundred thousand persons as determined by the most current annual population data or estimate available from the United States census bureau, as class "B" counties. B. The assessed valuation for each year is the full valuation as finally fixed for that year. 1953 Comp., § 15-43-1, enacted by Laws 1957, ch. 196, § 1; 2009, ch. 224, § 1; 2013, ch. 188, § 1; 2018, ch. 78, § 1.

NMSA 1978, § 4-44-2 Biennial determination of classification

4-44-2. Biennial determination of classification From and after January 1, 1962, the classification of counties shall be fixed and governed by the assessed valuation as finally fixed for the preceding year. Provided, one hundred twenty days after January 1, 1962 and one hundred twenty days from January 1 of each second year thereafter, the classification shall be determined by the secretary of finance and administration from the assessed valuation of each county as finally fixed for the preceding year, and the secretary of finance and administration upon making the determination shall notify the board of county commissioners of each county of the class within which each of the counties of this state falls according to the classification, and the classification as so fixed and determined by the secretary of finance and administration shall govern the salaries of the county officers for two years beginning July 1 of the year the classification is determined. Laws 1915, ch. 12, § 19; 1923, ch. 49, § 1; C.S. 1929, § 33-3219; 1941 Comp., § 15-4102; Laws 1953, ch. 83, § 1; 1953, ch. 117, § 2; 1953 Comp., § 15-43-2; Laws 1961, ch. 184, § 1; 1977, ch. 247, § 143; 2009, ch. 224, § 2.

NMSA 1978, § 4-44-3 Establishment of H class counties

4-44-3. Establishment of H class counties There is hereby created and established a further and additional classification of counties in New Mexico, which shall be and are hereby declared to be and are described as H class counties. Any county which covers an area of not more than 200 square miles shall be a county of the H class. 1953 Comp., § 15-43-3.1, enacted by Laws 1955, ch. 4, § 1; 1985, ch. 62, § 1.

NMSA 1978, § 4-44-4 Class A counties; salaries

4-44-4. Class A counties; salaries The annual salaries of elected officers of a class A county shall not exceed, for: A. county commissioners, thirty-nine thousand one hundred six dollars ($39,106) each; B. treasurer, eighty-six thousand six hundred twenty-six dollars ($86,626); C. assessor, eighty-six thousand six hundred twenty-six dollars ($86,626); D. sheriff, ninety thousand three hundred thirty-eight dollars ($90,338); E. county clerk, eighty-six thousand six hundred twenty-six dollars ($86,626); and F. probate judge, thirty-eight thousand one hundred fourteen dollars ($38,114). 1953 Comp., § 15-43-4, enacted by Laws 1957, ch. 196, § 2; 1959, ch. 262, § 1; 1961, ch. 247, § 1; 1965, ch. 236; § 1; 1969, ch. 219, § 3; 1970, ch. 83, § 1; 1973, ch. 380, § 1; 1974, ch. 70, § 1; 1976 (S.S.), ch. 14, § 1; 1978, ch. 191, § 1; 1980, ch. 135, § 1; 1982, ch. 39, § 1; 1986, ch. 67, § 1; 1990, ch. 82, § 1; 1994, ch. 38, § 1; 1998, ch. 11, § 1; 2002, ch. 79, § 1; 2006, ch. 87, § 1; 2011, ch. 56, § 16; 2013, ch. 188, § 2; 2018, ch. 78, § 2.

NMSA 1978, § 4-44-4.1 Class B counties; high valuation; salaries

4-44-4.1. Class B counties; high valuation; salaries The annual salaries of elected officers of a class B county with an assessed valuation of over three hundred million dollars ($300,000,000) shall not exceed, for: A. county commissioners, thirty thousand one hundred ninety-six dollars ($30,196) each; B. treasurer, seventy-five thousand seven hundred thirty-three dollars ($75,733); C. assessor, seventy-five thousand seven hundred thirty-three dollars ($75,733); D. sheriff, seventy-eight thousand nine hundred fifty-two dollars ($78,952); E. county clerk, seventy-five thousand seven hundred thirty-three dollars ($75,733); and F. probate judge, twenty-six thousand four hundred eighty-two dollars ($26,482). 1978 Comp., § 4-44-4.1, enacted by Laws 1986, ch. 67, § 2; 1990, ch. 82, § 2; 1994, ch. 38, § 2; 1998, ch. 11, § 2; 2002, ch. 79, § 2; 2006, ch. 87, § 2; 2011, ch. 56, § 17; 2013, ch. 188, § 3; 2018, ch. 78, § 3.

NMSA 1978, § 4-44-5 Class B counties; intermediate valuation; salaries

4-44-5. Class B counties; intermediate valuation; salaries The annual salaries of elected officers of a class B county with an assessed valuation of over seventy-five million dollars ($75,000,000) but under three hundred million dollars ($300,000,000) shall not exceed, for: A. county commissioners, twenty-one thousand five hundred thirty-four dollars ($21,534) each; B. treasurer, sixty-four thousand eight hundred forty-four dollars ($64,844); C. assessor, sixty-four thousand eight hundred forty-four dollars ($64,844); D. sheriff, sixty-seven thousand eight hundred fourteen dollars ($67,814); E. county clerk, sixty-four thousand eight hundred forty-four dollars ($64,844); and F. probate judge, fifteen thousand ninety-eight dollars ($15,098). 1953 Comp., § 15-43-4.1, enacted by Laws 1957, ch. 196, § 3; 1959, ch. 262, § 2; 1961, ch. 116, § 1; 1965, ch. 236, § 2; 1969, ch. 219, § 4; 1970, ch. 83, § 2; 1973, ch. 380, § 2; 1976 (S.S.), ch. 14, § 2; 1978, ch. 191, § 2; 1980, ch. 135, § 2; 1981, ch. 14, § 3; 1982, ch. 39, § 2; 1986, ch. 67, § 3; 1990, ch. 82, § 3; 1994, ch. 38, § 3; 1998, ch. 11, § 3; 2002, ch. 79, § 3; 2006, ch. 87, § 3; 2011, ch. 56, § 18; 2013, ch. 188, § 4; 2018, ch. 78, § 4.

NMSA 1978, § 4-44-12.3 Legislative intent; uniform salary changes

4-44-12.3. Legislative intent; uniform salary changes A. The intent of the legislature when increasing the maximum salaries of elected county officials is to provide for equitable salary increases. B. The majority of a board of county commissioners may provide for salary increases for elected county officials; however, a salary increase shall not take effect until the first day of the term of an elected county official who takes office after the date that salary increase is approved. 1978 Comp., § 4-44-12.3, enacted by Laws 1991, ch. 91, § 1; 1999, ch. 228, § 1; 2013, ch. 188, § 6; 2018, ch. 78, § 5.

NMSA 1978, § 4-44-14 H class counties; salaries

4-44-14. H class counties; salaries A. The annual salaries of elected or appointed part-time officers of an H class county shall not exceed, for: (1) county commissioners, fifteen thousand eight hundred forty-four dollars ($15,844) each; (2) treasurer, seven thousand nine hundred twenty-two dollars ($7,922); (3) assessor, seven thousand nine hundred twenty-two dollars ($7,922); (4) sheriff, seven thousand nine hundred twenty-two dollars ($7,922); (5) county clerk, seven thousand nine hundred twenty-two dollars ($7,922); and (6) probate judge, four thousand six hundred thirty-six dollars ($4,636). B. The annual salaries of elected or appointed full-time officers of an H class county shall not exceed, for: (1) treasurer, seventy-five thousand seven hundred thirty-three dollars ($75,733); (2) assessor, seventy-five thousand seven hundred thirty-three dollars ($75,733); (3) sheriff, seventy-eight thousand nine hundred fifty-two dollars ($78,952); and (4) county clerk, seventy-five thousand seven hundred thirty-three dollars ($75,733). C. The governing body of an H class county shall designate whether each of the offices of treasurer, assessor, sheriff and county clerk is part time or full time; however, a change in that designation shall not take effect until the first day of the term of an elected county official who takes office after the change in designation is approved. 1953 Comp., § 15-43-5.1, enacted by Laws 1955, ch. 4, § 2; 1959, ch. 47, § 1; 1969, ch. 219, § 12; 1974, ch. 24, § 1; 1998, ch. 11, § 7; 2002, ch. 79, § 7; 2006, ch. 87, § 7; 2013, ch. 188, § 7; 2016, ch. 36, § 1; 2018, ch. 78, § 6.

NMSA 1978, § 4-44-15 [Fees collected by officers of H class counties; disposition.]

4-44-15. [Fees collected by officers of H class counties; disposition.] Any and all fees now or hereafter allowed by statute or collected or received by any of the officers enumerated shall be covered into the general fund of such county and shall be disbursed for public purposes under the supervision and authority of the county commissioners of said county. 1953 Comp., § 15-43-7.1, enacted by Laws 1955, ch. 4, § 4.

NMSA 1978, § 4-44-16 [Powers and duties of officers of H class counties.]

4-44-16. [Powers and duties of officers of H class counties.] All officers elected or appointed under the provisions of this act [4-44-3, 4-44-14 to 4-44-16 NMSA 1978] shall have the same duties, rights, authority and obligations now or hereafter provided by the laws of New Mexico. 1953 Comp., § 15-43-8.1, enacted by Laws 1955, ch. 4, § 5.

NMSA 1978, § 4-44-18 Sheriffs, deputy sheriffs and guards; expenses incurred in serving process and certain other official business; per diem

4-44-18. Sheriffs, deputy sheriffs and guards; expenses incurred in serving process and certain other official business; per diem A. Sheriffs, their deputies and guards shall be paid per diem expenses at the rate authorized in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] by the counties on behalf of which expenses are incurred in: (1) service of criminal process issued out of the supreme court or district court; (2) service of criminal process issued out of a magistrate court when the issuance is approved in writing by the district attorney or his assistants; (3) service of civil process issued by the district court; and (4) attempting to discover or arrest a person charged with a felony if written authorization is obtained from the district judge. B. Expenses authorized pursuant to this section shall be paid on the rendition of sworn accounts filed in the county clerk's office and approved by the board of county commissioners and the district judge. C. Sheriffs, their deputies and guards shall be paid per diem and mileage expenses at the rate authorized in the Per Diem and Mileage Act for extraditing prisoners from without the state and for transporting persons committed by a court to a state institution or required to be returned by order of the court from a state institution to the county of commitment. Subject to appropriation by the legislature, the county shall be reimbursed by the state for the per diem, costs for mileage and other necessary travel expenses incurred pursuant to this subsection by submitting claims for reimbursement to the department of finance and administration in accordance with the department's regulations. Notwithstanding the provisions of this subsection, a single county shall not receive more than fifty percent of the total amount of money allocated to all counties as reimbursement. 1953 Comp., § 15-43-11.1, enacted by Laws 1961, ch. 253, § 4; 1973, ch. 364, § 1; 2003, ch. 219, § 1.

NMSA 1978, § 4-44-19 [Prisoners; operating allowance; records and maintenance.]

4-44-19. [Prisoners; operating allowance; records and maintenance.] A. Each county sheriff, jail administrator or independent contractor shall keep a written record showing the exact time of confinement and release of each prisoner incarcerated in the jail under his jurisdiction. As used in this act, "jail administrator" means the person hired by a county, municipality or a combination of these who supervises the entire operation of the jail and reports directly to the administrative head of the local governmental entity or local governing body. B. The governing body of a jail shall, from appropriate funds, provide the necessary funding to maintain and operate the facility. C. All fees remitted to the sheriff or jail administrator for federal or other prisoners in his custody shall be promptly deposited in their entirety by the sheriff or jail administrator with the appropriate depository entity. As used in this section, "depository entity" means the treasurer of the particular local governmental entity responsible for management of the jail. 1953 Comp., § 15-43-14.1, enacted by Laws 1961, ch. 253, § 7; 1969, ch. 187, § 1; 1975, ch. 118, § 1; 1977, ch. 107, § 1; 1983, ch. 181, § 1; 1984, ch. 22, § 1.

NMSA 1978, § 4-44-20 Prisoners; feeding in transit

4-44-20. Prisoners; feeding in transit A. The county sheriffs shall be reimbursed for the actual expense incurred for the care and feeding of prisoners in transit. Reimbursement shall not be made pursuant to this section without proof of actual expenses incurred by a sheriff or his delegate. The reimbursement for any prisoner shall not exceed the rate set by the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. B. Subject to appropriation by the legislature, a county shall be reimbursed by the state for the actual expenses incurred for the care and feeding of prisoners in transit. Notwithstanding the provisions of this subsection, a single county shall not receive more than fifty percent of the total amount of money allocated to all counties as reimbursement. 1953 Comp., § 15-43-14.2, enacted by Laws 1961, ch. 253, § 8; 1977, ch. 107, § 2; 1983, ch. 181, § 2; 2003, ch. 219, § 2.

NMSA 1978, § 4-44-21 No compensation except as provided by law

4-44-21. No compensation except as provided by law No county officer shall accept or receive to his own use, or for or on account of any deputy or deputies, clerk or clerks appointed by him or employed in his office, or for or on account of expenses incurred by him of [or] by any such deputy or deputies, clerk or clerks, or for or on account of his office, any salary, compensation, allowance, fees or emoluments in any form whatsoever, other than [as] authorized by law. Laws 1915, ch. 12, § 6; C.S. 1929, § 33-3206; Laws 1939, ch. 58, § 1; 1941 Comp., § 15-4112; 1953 Comp., § 15-43-15.

NMSA 1978, § 4-44-28 [Collection of fees, commissions, mileage and per diem; accounts; payment to county treasurer.]

4-44-28. [Collection of fees, commissions, mileage and per diem; accounts; payment to county treasurer.] All county officers shall respectively charge and collect all fees, commissions, mileage and per diem heretofore and now, or which hereafter may be authorized by law to be charged and collected for official services rendered by them, and shall keep an accurate and itemized account thereof, and on or before the tenth day of each month pay the same over to the county treasurer of their respective counties, accompanying each remittance by a verified copy of the itemized account covered thereby, which verified copy shall be retained on file by said treasurer. All such county officers shall in like manner account for and pay over to the county treasurer of their respective counties, all such fees, commissions, mileage and per diem heretofore earned and hereafter collected for official services rendered by them from the respective dates when they qualified as such officers. Laws 1915, ch. 12, § 8; C.S. 1929, § 33-3208; 1941 Comp., § 15-4113; 1953 Comp., § 15-43-16.

NMSA 1978, § 4-44-29 [Fees to be collected in advance.]

4-44-29. [Fees to be collected in advance.] Every county officer shall collect every fee as prescribed by law for services performed by him in advance, if the amount of the same can be ascertained, and when any officer shall negligently or willfully fail to collect any such fee, double the amount shall be charged to him on account of his salary. Laws 1893, ch. 71, § 25; C.L. 1897, § 866; Code 1915, § 1183; C.S. 1929, § 33-4106; Laws 1939, ch. 132, § 2; 1941 Comp., § 15-4114; 1953 Comp., § 15-43-17.

NMSA 1978, § 4-44-30 [County treasurer; receipts; accounts of officers.]

4-44-30. [County treasurer; receipts; accounts of officers.] The county treasurer shall issue proper receipts for all monies paid over to him under the requirements of this act, and shall keep an accurate account thereof in proper books of entry to be kept in his office. The official accounts of all county officers shall be subject to inspection and audit, and shall be inspected and audited, by the officer authorized by law to audit the accounts of such officer. Laws 1915, ch. 12, § 11; C.S. 1929, § 33-3211; 1941 Comp., § 15-4116; 1953 Comp., § 15-43-19.

NMSA 1978, § 4-44-31 County general fund created

4-44-31. County general fund created There is created in each county a county general fund to which the county treasurer shall credit all revenues not otherwise allocated by law. Expenditures from this fund shall be made only in accordance with budgets approved as provided by law. 1953 Comp., § 15-43-20, enacted by Laws 1973, ch. 4, § 12.

NMSA 1978, § 4-44-32 [Embezzlement; negligence; perjury; penalties.]

4-44-32. [Embezzlement; negligence; perjury; penalties.] Any county officer who shall willfully fail to account for or pay over as required by law any and all fees, commissions, mileage, per diem or moneys earned by him, which heretofore have, or hereafter may, come into his hands by virtue of his office, shall be deemed guilty of embezzlement, and upon conviction thereof shall be punished by a fine of not more than five thousand dollars [($5,000)], or by imprisonment for not more than five years, or both, and in addition thereto shall be summarily removed from office by the court imposing sentence. And any officer who shall willfully fail or neglect to discharge the duties of his office, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars [($1,000)], or by imprisonment for not more than six months, or both, and in addition thereto shall be summarily removed from office by the court imposing sentence. Any such officer who shall willfully swear falsely as to any itemized account required by this act to be rendered under oath shall be deemed guilty of perjury, and upon conviction thereof shall be punished by imprisonment for not less than two nor more than five years, and shall be summarily removed from office by the court imposing sentence. Laws 1915, ch. 12, § 17; C.S. 1929, § 33-3217; Laws 1939, ch. 107, § 1; 1941 Comp., § 15-4124; 1953 Comp., § 15-43-27.

NMSA 1978, § 4-44-33 Stationery, postage and office supplies

4-44-33. Stationery, postage and office supplies The boards of county commissioners shall purchase and provide county officers with all necessary stationery, postage and office supplies, the actual cost thereof to be paid out of the county general fund. Laws 1915, ch. 12, § 7; C.S. 1929, § 33-3207; Laws 1939, ch. 97, § 1; 1941 Comp., § 15-4125; 1953 Comp., § 15-43-28; Laws 1973, ch. 4, § 13.

NMSA 1978, § 4-44-34 Officers to keep office at county seat

4-44-34. Officers to keep office at county seat That all county officers of the various counties in New Mexico shall establish and maintain their offices and headquarters for the transaction of the business of their respective offices at the county seat of their respective counties and shall there keep all the books, papers and official records pertaining to their respective offices; provided, that such offices shall be provided for such officers at the expense of the respective counties. Laws 1903, ch. 38, § 1; 1907, ch. 87, § 1; Code 1915, § 1129; C.S. 1929, § 33-3401; Laws 1939, ch. 59, § 1; 1941 Comp., § 15-4126; 1953 Comp., § 15-43-29.

NMSA 1978, § 4-44-35 Deputy county officers; oaths; bonds

4-44-35. Deputy county officers; oaths; bonds Before assuming the duties of his office, each deputy county officer shall take and subscribe the oath of office prescribed by the constitution for county officers. The board of county commissioners may cause to be bonded the deputy or deputies of the various county officials who are not otherwise required to be bonded. These bonds shall be in amounts fixed by the board of county commissioners in a sum equal to twenty percent of the public money handled during the preceding fiscal year and conditioned for the faithful performance of his duties, but in no event shall the amount be greater than the maximum prescribed by law for the appropriate elected officer. The bonds shall be executed by corporate surety companies authorized to do business in this state and the premiums shall be paid from the county general fund. Deputy county officers may be individually bonded or included within the coverage under any schedule or blanket corporate surety bond procured by the board of county commissioners. 1941 Comp., § 15-4127, enacted by Laws 1945, ch. 68, § 1; 1953 Comp., § 15-43-30; Laws 1967, ch. 238, § 7.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18505/index.doFetched: 10/20/2026