2020 New Mexico Statutes
Chapter 4 - Counties
Article 38 - Board of County Commissioners
Section 4-38-18 - [Management in general.]

To represent the county and have the care of the county property and the management of the interest of the county in all cases where no other provision is made by law.

History: Laws 1876, ch. 1, § 14(5); C.L. 1884, § 345(5); C.L. 1897, § 664(5); Code 1915, § 1201; C.S. 1929, § 33-4215; 1941 Comp., § 15-3514; 1953 Comp., § 15-37-16.

Cross references. — For county powers generally, see 4-37-1 NMSA 1978.

For exercise of powers of county by board of county commissioners generally, see 4-38-1 NMSA 1978.

For county advisory boards, see 4-38-38 NMSA 1978 et seq.

Supplying of unincorporated town in county with water. — The powers of a county are not only corporate but administrative, and it is authorized to do the acts in the interest of the county and to make necessary contracts when not otherwise provided by law. This will include the right to supply an unincorporated town with water for domestic and municipal use. Agua Pura Co. v. Mayor of Las Vegas, 1900-NMSC-002, 10 N.M. 6, 60 P. 208.

Representing county. — This section would authorize the commissioners to represent the county against unwarranted injuries or prejudice to its rights and property. Board of Comm'rs v. Hubbell, 1923-NMSC-060, 28 N.M. 634, 216 P. 496, distinguished in Dietz v. Hughes, 1935-NMSC-055, 39 N.M. 349, 47 P.2d 417.

Discretion of commissioners. — This section gives the county commissioners very wide discretionary power in management of interest of county in cases not otherwise provided for by law. 1915 Op. Att'y Gen. No. 15-1482.

Scope of commissioners' powers. — The powers given to the county commissioners to act in the interest of the county are extremely broad. 1967 Op. Att'y Gen. No. 67-145.

Expenditure of county's general funds. — The commissioners may, in their discretion, expend the county's general funds for any purpose which will be of benefit to the county unless such expenditure is expressly prohibited by law. 1958 Op. Att'y Gen. No. 58-21.

Use of excess funds in county treasury. — County commissioners have discretionary power to use excess funds remaining in treasury for county purposes. 1914 Op. Att'y Gen. No. 14-1232, 1914 Op. Att'y Gen. No. 14-1250.

Use of funds arising from interest on deposits. — Under this section, county commissioners have discretion to use money arising from interest on deposits. 1914 Op. Att'y Gen. No. 14-1227.

Employment of agents and servants. — The general rule is that county commissioners are without power to employ a person to perform acts which are part of the official duties imposed by statute on another county or state officer, or where the matter of employment of persons is expressly and fully covered by the statute, but with these limitations they have implied power to employ such agents and servants as may be required for county purposes and which are not otherwise provided for by statute or by the state constitution, and the wisdom and expediency of making a particular appointment is within their exclusive discretion. 1939 Op. Att'y Gen. No. 39-3256.

This section is an exceedingly broad grant of power, and county commissioners may, in their discretion, appoint purchasing agents or other servants necessary to efficiently carry out the business of the county. 1939 Op. Att'y Gen. No. 39-3256.

Employment of agricultural agent. — County commissioners may cooperate with the agricultural college (now New Mexico state university) to employ an agricultural agent for the benefit of the county. 1914 Op. Att'y Gen. No. 14-1301.

Employment of farm demonstrator. — Expenditure of county money in cooperation with the state in putting a farm demonstrator at work in the county was within this section. 1915 Op. Att'y Gen. No. 15-1481.

Merit system for county employees. — The county commissioners may establish by ordinance a merit system to regulate the employment of county employees. 1981 Op. Att'y Gen. No. 81-29.

Security for county courthouse. — Commissioners are responsible for providing security for county courthouse on 24-hour basis. 1979 Op. Att'y Gen. No. 79-04.

Increasing work hours without additional compensation. — A county commission may increase the hours worked by county employees without additional compensation. 1990 Op. Att'y Gen. No. 90-05.

Supervision of employees of elected officials. — A county commission, its personnel director or other agents may exercise supervision over the employees of other elected officials and require those employees to work hours contrary to those established by the officials, to the extent permitted by statute, provided the board's supervision over elected officials' employees does not interfere with the duties of those officials. 1990 Op. Att'y Gen. No. 90-05.

Interaction with other elected county officials. — Although a county commission has the authority to control staff of elected officials to some extent through the budget, it must act reasonably in light of other demands on the budget and the needs of the officials. 1990 Op. Att'y Gen. No. 90-05.

Cooperation with cities and federal government. — A county and a city can enter into an agreement to cooperate in sponsoring a flood control project, and counties and cities can cooperate with the federal government and seek aid under the Watershed Protection and Flood Prevention Act (16 U.S.C. § 1001 et seq.). 1963 Op. Att'y Gen. No. 63-82 (opinion rendered under former law).

Setting office hours. — A county commission may set the hours that offices of other elected county officials must stay open. 1990 Op. Att'y Gen. No. 90-05.

Closing county offices on Saturdays. — In view of the language of the statutes and the holdings in the supreme court, the county commissioners in the various counties have the absolute power and discretion to determine if they should close the county offices on Saturdays. 1955 Op. Att'y Gen. No. 55-6221.

Rental of space in county buildings to private persons. — Board of county commissioners may rent space in county courthouse to private individual when it does not interfere with public use and rental is for a short term only. 1945 Op. Att'y Gen. No. 45-4723.

Determination of use of space assigned to county sheriff. — While 4-38-13 NMSA 1978 and this section grant the board of county commissioners the authority to control and manage county property, this does not mean the board may arbitrarily decide how space assigned to the county sheriff may be used. 1969 Op. Att'y Gen. No. 69-50.

Provision for lodging of prisoners from other counties in county jail. — The board of county commissioners can lodge federal prisoners from surrounding counties if adequate facilities for their care and custody are not available in that particular county; however, the sheriff of the county wherein the jail is situated has, even in the case of a contract between two counties within the state of New Mexico, the right to maintain the standards of cleanliness, health and discipline, and such a contract cannot work to the exclusion of the prisoners of the county wherein the jail is situated. 1957 Op. Att'y Gen. No. 57-234.

Rewards for capture of criminals. — The board has no power to offer rewards for the capture and conviction of criminals. 1922 Op. Att'y Gen. No. 22-3295.

Payment for services in detecting and prosecuting for unlawful death. — To detect and prosecute for unlawful death is certainly such a governmental purpose as is envisaged, and the county commissioners, under this section, can certainly pay for such services. 1958 Op. Att'y Gen. No. 58-83.

Appropriation of funds to install displays at state fair. — Counties may make appropriations with which to install displays at the state fair which, presumably, will be of benefit to the counties. 1915 Op. Att'y Gen. No. 15-1578, 1915 Op. Att'y Gen. No. 15-1676.

Allowance of funds to city for service rendered in fighting fire outside of the city limits was within general powers of the board. 1915 Op. Att'y Gen. No. 15-1482.

Responsibility for legal fees. — In a lawsuit between a county commission and other elected county officials concerning employment terms and conditions, each party is responsible for its own attorney's fees. The county is responsible for legal fees of its elected officials and employees only to the extent required by statute. 1990 Op. Att'y Gen. No. 90-05.