2018 New Mexico Statutes
Chapter 4 - Counties
Article 43 - County Treasurer
Section 4-43-2 - Duties.

The county treasurer shall keep:

A. account of all money received and disbursed;

B. regular accounts of all checks and warrants drawn on the treasury and paid; and

C. the books, papers and money pertaining to his office ready for inspection by the board of county commissioners at all times.

History: Kearny Code, Treas. Dept., §§ 10, 11; Laws 1851-1852, p. 170; C.L. 1865, ch. 21, §§ 6, 7; 1865, ch. 102, §§ 17, 18; C.L. 1884, §§ 408A, 408B; C.L. 1897, § 746; Code 1915, § 1279; C.S. 1929, § 33-4503; 1941 Comp., § 15-4003; 1953 Comp., § 15-42-3; Laws 1967, ch. 238, § 5; 2001, ch. 147, § 1.

Cross references. — For financial affairs of local public bodies, see 6-6-1 NMSA 1978 et seq.

For provisions relating to management and control of public money generally, see 6-10-1 NMSA 1978 et seq.

For penalty for receiving consideration for placing deposit, misusing funds or failure to deposit, see 6-10-40 NMSA 1978.

For Warrant Cancellation Act, see 6-10-55 NMSA 1978 et seq.

For penalty for misapplication of forest reserve funds, see 6-11-4 NMSA 1978.

For suspension of treasurer's functions, see 7-35-7 NMSA 1978.

For property tax collection responsibilities, see 7-38-42 NMSA 1978.

For sale of personalty for delinquent taxes, see 7-38-57 to 7-38-59 NMSA 1978.

For duties with respect to bi-state fair in Curry county, see 16-6-27, 16-6-30 NMSA 1978.

For custody of bonds of Las Vegas land grant by treasurer of San Miguel county, see 49-6-12 NMSA 1978.

For duties and bond as ex-officio district treasurer of conservancy district, see 73-16-25, 73-16-26 NMSA 1978.

The 2001 amendment, effective June 15, 2001, inserted "county" preceding "treasurer" in the introductory language of the section; inserted "checks and" preceding "warrants" in Subsection B; and inserted "board of" preceding "county commissioners" in Subsection C.

Special bailee. — A county treasurer is not a mere bailee or trustee, but is a special bailee, subject to special obligations, to fulfill the obligations of his bond, and the law of bailment is not the proper measure of his responsibility. Maloy v. Board of Cnty. Comm'rs, 1900-NMSC-043, 10 N.M. 638, 62 P. 1106.

County treasurer's prerogatives. — A board of county commissioners does not unlawfully infringe upon a county treasurer's prerogatives unless it undermines the treasurer's ability to perform the duties of the office by means that are not granted to the board by statute. Ordinances providing for merit systems or collective-bargaining agreements can pass that test. Board of Cnty. Comm'rs v. Padilla, 1990-NMCA-125, 111 N.M. 278, 804 P.2d 1097.

Employees of county treasurer. — There is no statutory impediment in general to the adoption by the board of county commissioners of a merit system or approval of a collective-bargaining agreement that includes at least some employees of the county treasurer. Board of Cnty. Comm'rs v. Padilla, 1990-NMCA-125, 111 N.M. 278, 804 P.2d 1097.

Investment decision-making. — The county treasurer determines how to deposit and invest county funds. That decision must then be approved by the board of county commissioners, sitting as the county board of finance. The board of finance has no power to modify the county treasurer's decision without the treasurer's concurrence. On the other hand, the county treasurer cannot impose a unilateral decision upon the board of finance. Board of Cnty. Comm'rs v. Padilla, 1990-NMCA-125, 111 N.M. 278, 804 P.2d 1097.

There is no statutory prohibition against delegation to the county treasurer by the board of county commissioners, sitting as the county board of finance, of specific investment decision-making. For example, the board could adopt a policy and permit the treasurer to make investment decisions that conform to the policy. Such delegation may be essential to enable the treasurer to respond to sudden changes in the financial markets. Board of Cnty. Comm'rs v. Padilla, 1990-NMCA-125, 111 N.M. 278, 804 P.2d 1097.

Liability for acts of deputy treasurer. — No statute requires that deputy treasurers be bonded, and while it is good business for bonding companies liable on a county treasurer's bond, and also good business for the county treasurer to require that deputy treasurers be bonded for their protection, the county should not pay for the premium on such deputy's bond, since the state and county are protected on the treasurer's bond for any defalcation, even by a deputy under 6-10-38 NMSA 1978. 1939-40 Op. Att'y Gen. No. 40-3417.

Keeping money at hand. — This section would seem to indicate that the money must be kept at hand ready for inspection at any time. 1912-13 Op. Att'y Gen. No. 12-869.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Power of city, town, or county or their officials to compromise claim, 15 A.L.R.2d 1359.

20 C.J.S. Counties §§ 128 to 133.