2018 New Mexico Statutes
Chapter 4 - Counties
Article 44 - Salaries and Provisions Applicable to More Than One Office
Section 4-44-5 - Class B counties; intermediate valuation; salaries.
The annual salaries of elected officers of a class B county with an assessed valuation of over seventy-five million dollars ($75,000,000) but under three hundred million dollars ($300,000,000) shall not exceed, for:
A. county commissioners, twenty-one thousand five hundred thirty-four dollars ($21,534) each;
B. treasurer, sixty-four thousand eight hundred forty-four dollars ($64,844);
C. assessor, sixty-four thousand eight hundred forty-four dollars ($64,844);
D. sheriff, sixty-seven thousand eight hundred fourteen dollars ($67,814);
E. county clerk, sixty-four thousand eight hundred forty-four dollars ($64,844); and
F. probate judge, fifteen thousand ninety-eight dollars ($15,098).
History: 1953 Comp., § 15-43-4.1, enacted by Laws 1957, ch. 196, § 3; 1959, ch. 262, § 2; 1961, ch. 116, § 1; 1965, ch. 236, § 2; 1969, ch. 219, § 4; 1970, ch. 83, § 2; 1973, ch. 380, § 2; 1976 (S.S.), ch. 14, § 2; 1978, ch. 191, § 2; 1980, ch. 135, § 2; 1981, ch. 14, § 3; 1982, ch. 39, § 2; 1986, ch. 67, § 3; 1990, ch. 82, § 3; 1994, ch. 38, § 3; 1998, ch. 11, § 3; 2002, ch. 79, § 3; 2006, ch. 87, § 3; 2011, ch. 56, § 18; 2013, ch. 188, § 4; 2018, ch. 78, § 4.
Cross references. — For collection and disposition of fees, commissions, mileage and per diem, see 4-44-28, 4-44-29 NMSA 1978.
The 2018 amendment, effective May 16, 2018, increased the salary caps applicable to elected county officials in certain class B counties, and made stylistic changes; in the catchline, added "intermediate valuation"; in Subsection A, deleted "eighteen thousand seven hundred twenty-five dollars ($18,725)" and added "twenty-one thousand five hundred thirty-four dollars ($21,534)"; in Subsection B, deleted "fifty-six thousand three hundred eighty-six dollars ($56,386)" and added "sixty-four thousand eight hundred forty-four dollars ($64,844)"; in Subsection C, deleted "county" preceding "assessor", and deleted "fifty-six thousand three hundred eighty-six dollars ($56,386)" and added "sixty-four thousand eight hundred forty-four dollars ($64,844)"; in Subsection D, deleted "county" preceding "sheriff", and deleted "fifty-eight thousand nine hundred sixty-nine dollars ($58,969)" and added "sixty-seven thousand eight hundred fourteen dollars ($67,814)"; in Subsection E, deleted "fifty-six thousand three hundred eighty-six dollars ($56,386)" and added "sixty-four thousand eight hundred forty-four dollars ($64,844)"; and in Subsection F, deleted "thirteen thousand one hundred twenty-nine dollars ($13,129)" and added "fifteen thousand ninety-eight dollars ($15,098)".
The 2013 amendment, effective January 1, 2014, increased the salary limits for elected officials; in Subsection A, after "commissioners", deleted "sixteen thousand two hundred eighty-two dollars ($16,282)" and added "eighteen thousand seven hundred twenty-five dollars ($18,725)"; in Subsection B, after "treasurer", deleted "forty-nine thousand thirty-one dollars ($49,031)" and added "fifty-six thousand three hundred eighty-six dollars ($56,386)"; in Subsection C, after "assessor", deleted "forty-nine thousand thirty-one dollars ($49,031)" and added "fifty-six thousand three hundred eighty-six dollars ($56,386)"; in Subsection D, after "sheriff", deleted "fifty-one thousand two hundred seventy-seven dollars ($51,277)" and added "fifty-eight thousand nine hundred sixty-nine dollars ($58,969)"; in Subsection E, after "county clerk", deleted "forty-nine thousand thirty-one dollars ($49,031)" and added "fifty-six thousand three hundred eighty-six dollars ($56,386)"; in Subsection F, after "probate judge", deleted "eleven thousand four hundred sixteen dollars ($11,416)" and added "thirteen thousand one hundred twenty-nine dollars ($13,129)".
The 2011 amendment, effective December 31, 2012, eliminated the salary for county surveyors.
The 2006 amendment, effective January 1, 2007, increased the salaries of elected officials.
The 2002 amendment, effective January 1, 2003, increased the maximum salaries of elected officers in Subsections A through F.
The 1998 amendment, effective January 1, 1999, substituted the present salaries of the officers listed in Subsections A to F for the former salaries, which were $10,705, $32,239, $32,239, $33,716, $32,239, and $7,506, respectively.
The 1994 amendment, effective May 18, 1994, substituted the present salaries of the officers listed in Subsections A to F for the former salaries, which were $10,005, $30,130, $30,130, $31,510, $30,130, and $7,015, respectively.
1982 amendment unconstitutional. — Because the 1982 amendment of this section would allow the compensation of elected county officers to increase during the term for which they were elected, this section, as amended by Laws 1982, ch. 39, § 2, violates N.M. Const., art. IV, § 27, and is unconstitutional; that revives this section as it read prior to the 1982 amendment. 1983 Op. Att'y Gen. No. 83-01.
Salary reductions permitted. — A county commission has the authority to reduce the salaries of elected county officers under this section despite the legislature's statement of intent in 4-44-12.2 NMSA 1978 that the salaries of county officials be raised. The statement of legislative intent should only be considered if the operative portion of the statute is vague or ambiguous on its own; this section is not ambiguous because its operative provisions do not expressly mandate salary increases or prohibit salary decreases. 1992 Op. Att'y Gen. No. 92-05.
