2018 New Mexico Statutes
Chapter 4 - Counties
Article 44 - Salaries and Provisions Applicable to More Than One Office
Section 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.
History: 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.
The 2018 amendment, effective May 16, 2018, clarified the legislative intent with regard to increasing the maximum salaries of elected county officials; in Subsection A, after "legislature when", deleted "enacting salary increases for" and added "increasing the maximum salaries of"; and in Subsection B, deleted "In accordance with Sections 4-44-3 through 4-44-6 NMSA 1978", after "county officials", deleted "provided", after "however", deleted "that no" and added "a", and after "salary increase shall", added "not".
The 2013 amendment, effective July 1, 2013, authorized boards of county commissioner to increase salaries of elected officials in accordance with statutory limitations; and in Subsection B, after "Sections 4-44-3 through", deleted "4-44-8 NMSA 1978" and added "4-44-6 NMSA 1978".
The 1999 amendment, effective June 18, 1999, in Subsection B, substituted "the term of an elected county official" for "the term of the first elected county official", and deleted "at which time the salary increase shall take effect for all county elected officials" at the end of the subsection.
Salary increases during midterm. — Salary increases granted by county commissions under this section for elected officials who were in midterm on the date the increases took effect violated Article IV, § 27 of the New Mexico Constitution. State ex rel. Haragan v. Harris, 1998-NMSC-043, 126 N.M. 310, 968 P.2d 1173.
Salary increases during term of office invalid. — An interpretation of Subsection B permitting an increase of county commissioner salaries during the term of office violates the N.M. Const., art. IV, § 27 restriction on salary changes during a public officer's term. 1994 Op. Att'y Gen. No. 94-09.
