2020 New Mexico Statutes
Chapter 4 - Counties
Article 38 - Board of County Commissioners
Section 4-38-10 - Chairman.

A. The county commission shall select a chairman in a manner and for a term provided by county ordinance.

B. In the absence of a county ordinance providing for the chairman's selection and term, the county commissioners shall, at the first meeting of each year choose one of their number chairman, who shall preside at that meeting and all other meetings if present; but in case of his absence from any meeting, the members present shall choose one of their number as temporary chairman.

History: Laws 1876, ch. 1, § 17; C.L. 1884, § 348; C.L. 1897, § 667; Code 1915, § 1196; C.S. 1929, § 33-4210; 1941 Comp., § 15-3509; 1953 Comp., § 15-37-9; 1990, ch. 13, § 1.

Election of chairman generally. — Section 4-38-8 NMSA 1978 and this section in essence provide that at its first meeting in the January following its election, a board of county commissioners shall elect a chairman to serve as such during his term of office. 1969 Op. Att'y Gen. No. 69-110.

Term of chairman. — The language "who shall preside at such meeting and all other meetings during the year if present" might be considered as limiting the term of the chairman to one year. However, it is felt that this language merely relates back and refers to 4-38-8 NMSA 1978 setting forth the regular meetings to be held during any year and does not limit the term of the chairman to one year when his term of office as county commissioner is for two years. 1954 Op. Att'y Gen. No. 54-5983 (decided prior to adoption of N.M. Const., art. X, § 7 and amendment of 4-38-6 NMSA 1978).

When new chairman may be elected. — Only if the chairman either resigns as chairman or ceases to be a member of the board may a new chairman be legally elected. 1969 Op. Att'y Gen. No. 69-110.