2011 New Mexico Statutes
Chapter 10: Public Officers and Employees
Article 1: Qualifications, 10-1-1 through 10-1-13
Section 10-1-13: County officers; oath; bond. (Effective December 31, 2012.)
10-1-13. County officers; oath; bond.
A. As used in this section, "county officer" means county commissioner, county assessor, county clerk, county sheriff, county surveyor, county treasurer, probate judge, county flood commissioner and small claims court clerk.
B. Before assuming the duties of his office, each county officer shall take and subscribe the oath of office prescribed by the constitution and give an official bond payable to the state and conditioned for the faithful performance of his duties during his term of office and until his successor is elected or appointed and is qualified, and that he will pay all money received in his official capacity to the person entitled to receive it. The bond shall be executed by a corporate surety company authorized to do business in this state. The amount of the bond required shall be fixed by the board of county commissioners in a sum equal to twenty percent of the public money handled by the county officer during the preceding fiscal year, but not to exceed:
county commissioner $ 5,000
county assessor 5,000
county clerk 10,000
county sheriff 20,000
county surveyor 5,000
county treasurer 50,000
probate judge 5,000
county flood commissioner 10,000
small claim court clerk 10,000
C. Each county officer shall appoint a deputy or clerk, as allowed by law, who shall take the oath of office required of the appointing county officer and shall receive salary as provided by law. In case of the death of the appointing county officer, the deputy shall continue in office and perform the duties of the county officer until a new county officer is appointed and qualified as required by law.
D. The cost of official bonds for county officers shall be paid from the county general fund, and the board of county commissioners may elect to provide a schedule or blanket corporate surety bond covering county officers and employees for any period of time not exceeding four years.
E. If any county officer fails to give bond by January 10 following his election, or within ten days of his appointment, the board of county commissioners shall declare the office vacant.
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