2018 New Mexico Statutes
Chapter 3 - Municipalities
Article 10 - Municipal Officers; Qualifications; Compensation; Removal from Office
Section 3-10-2 - Officers; oath and bond; failure to qualify.

A. Any officer elected or appointed to any municipal office shall take an oath or affirmation to support the constitution of the United States, the constitution and laws of New Mexico and to faithfully perform the duties of his office.

B. For the care and disposition of municipal funds in the employee's custody and for the faithful discharge of the employee's duties, the governing body of the municipality shall require a corporate surety bond from the treasurer, the police officer and any other employee it designates. In lieu of individual corporate surety bonds, the governing body may secure a blanket corporate surety bond. The municipality shall pay for the surety bond.

C. The governing body of any municipality may declare vacated the office of any person who fails, within ten days after he has been notified of his election or appointment to office, to take the oath of office, or to give bond when required.

History: 1953 Comp., § 14-9-2, enacted by Laws 1965, ch. 300.

Cross references. — For oath of office, see N.M. Const., art. XX, § 1.

For bonds of municipal treasurers, see 6-10-38 NMSA 1978 et seq.

There is no bond required for an elective city council. 1961-62 Op. Att'y Gen. No. 61-125.

Amount of treasurer's bond. — Except in cases involving personal sureties, the bond of the municipal treasurer should be in a sum equal to 20% of the public moneys received by such treasurer during the preceding fiscal year, with a maximum of $50,000. 1961-62 Op. Att'y Gen. No. 61-125.

Bond of city clerk where jobs of clerk and treasurer are combined. — Since the council may require a bond from a city clerk where the jobs of clerk and treasurer are combined, the council may require a bond from that individual over and above the amount required by statute for his duties as treasurer. In absence of an ordinance requiring a bond for the clerk, however, no additional bonding is required. 1961-62 Op. Att'y Gen. No. 61-125.

Responsibility of city clerk for office property. — The city clerk would not be responsible, on the bond, for office property, unless, by stated condition or ordinance provided, the duties and responsibilities of the clerk were made specific. In the absence of such delegation of responsibility, the local governing body or the city council must be looked to for accountability. 1957-58 Op. Att'y Gen. No. 57-315.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 291 to 293.

Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.

62 C.J.S. Municipal Corporations §§ 357 to 359.