2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 1 - Qualifications
Section 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 treasurer, probate judge, county flood commissioner and small claims court clerk.
B. Before assuming the duties of office, each county officer shall take and subscribe the oath of office prescribed by the constitution of New Mexico and give an official bond payable to the state and conditioned for the faithful performance of duties, during the county officer's term of office and until a successor is elected or appointed and is qualified, and that the county officer shall pay all money received in the county officer's 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 treasurer 50,000
probate judge 5,000
county flood commissioner 10,000
small claims 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 the county officer's election or within ten days of appointment, the board of county commissioners shall declare the office vacant.
History: 1953 Comp., § 5-1-13, enacted by Laws 1967, ch. 238, § 1; 2011, ch. 56, § 25.
The 2011 amendment, effective December 31, 2012, removed the office of county surveyor from the list of county officers.
Appointment to fill county office vacancy. — A vacancy in a county office may occur where a successor in an office fails to qualify. The board of county commissioners must appoint a person to fill the vacancy and an incumbent who has already served two consecutive terms is ineligible for that appointment. 1979 Op. Att'y Gen. No. 79-19.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 45 to 48.
