2019 New Mexico Statutes
Chapter 6 - Public Finances
Article 6 - Local Government Finances
Section 6-6-13 - Salaries to be prorated.
All fees, salaries and perquisites of officers of counties, municipalities, boards of education, school districts and all other officers shall be reduced if there is an insufficient collection of money with which to pay them as provided by law for their services in any current year so that there is no violation of the provisions of law as to incurring indebtedness for any current year over and above the money actually collected for that current year.
History: Laws 1897, ch. 42, § 16; C.L. 1897, § 300; Code 1915, § 1228; C.S. 1929, § 33-4242; 1941 Comp., § 7-608; 1953 Comp., § 11-6-7; Laws 1968, ch. 69, § 3.
ANNOTATIONSAvailable salary fund to be apportioned among officers and creditors. — The Bateman Act (6-6-11 and 6-6-13 to 6-6-18 NMSA 1978) applies to officers and creditors alike, and the available salary fund should be apportioned pro rata among all as the law directs if, when supplemented by the current expense fund, there is a deficiency. Taylor v. Board of Comm'rs, 1940-NMSC-064, 44 N.M. 605, 107 P.2d 121.
Restrictions on payment of judgment. — A judgment rendered in one year for fees, salaries or perquisites of an officer for a preceding year cannot be paid out of any funds except the taxes collected for the year in which the services are rendered or the fees and perquisites become due. Territory ex rel. Adair v. Beall, 1904-NMSC-007, 12 N.M. 131, 75 P. 38.
