2018 New Mexico Statutes
Chapter 4 - Counties
Article 44 - Salaries and Provisions Applicable to More Than One Office
Section 4-44-35 - Deputy county officers; oaths; bonds.
Before assuming the duties of his office, each deputy county officer shall take and subscribe the oath of office prescribed by the constitution for county officers. The board of county commissioners may cause to be bonded the deputy or deputies of the various county officials who are not otherwise required to be bonded. These bonds shall be in amounts fixed by the board of county commissioners in a sum equal to twenty percent of the public money handled during the preceding fiscal year and conditioned for the faithful performance of his duties, but in no event shall the amount be greater than the maximum prescribed by law for the appropriate elected officer. The bonds shall be executed by corporate surety companies authorized to do business in this state and the premiums shall be paid from the county general fund. Deputy county officers may be individually bonded or included within the coverage under any schedule or blanket corporate surety bond procured by the board of county commissioners.
History: 1941 Comp., § 15-4127, enacted by Laws 1945, ch. 68, § 1; 1953 Comp., § 15-43-30; Laws 1967, ch. 238, § 7.
Cross references. — For oath and bond of county officers and deputies generally, see 10-1-13 NMSA 1978.
For bonds of county officers, see 10-2-1 NMSA 1978 et seq.
The bond provided for under this section should be made to run to the state of New Mexico or the county official, and this section authorizes the payment of the premium for such bond from county funds. 1945-46 Op. Att'y Gen. No. 45-4743.
Payment of premium on bond. — The provisions of this section being mandatory in form, the board of county commissioners cannot refuse to approve payment of the premium on the bond from county funds. 1947-48 Op. Att'y Gen. No. 47-4975.
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 Section 6-10-38 NMSA 1978. 1939-40 Op. Att'y Gen. No. 40-3417.
