2020 New Mexico Statutes
Chapter 4 - Counties
Article 38 - Board of County Commissioners
Section 4-38-19 - County commissioners; employing deputies and employees; employing a county manager.
A. A board of county commissioners may set the salaries of such employees and deputies as it feels necessary to discharge the functions of the county, except that elected county officials have the authority to hire and recommend the salaries of persons employed by them to carry out the duties and responsibilities of the offices to which they are elected.
B. A board of county commissioners may employ and set the salary of a county manager to conduct the business of the county, to serve as personnel officer, fiscal director, budget officer, property custodian and to act generally as the administrative assistant to the board, aiding and assisting it in the exercise of its duties and responsibilities.
C. All officials, officers, deputies and employees of the county or of an elected official of the county, shall receive their salaries or wages for services rendered on regular paydays, not more than sixteen days apart.
History: 1953 Comp., § 15-37-16.1, enacted by Laws 1969, ch. 219, § 1; Laws 1971, ch. 191, § 1; 1973, ch. 90, § 1.
ANNOTATIONSCross references. — For salaries of elected county officers, see 4-44-4 NMSA 1978 et seq.
The "except" clause of Subsection A does not transfer the salary-setting authority for deputies and the like from the board of county commissioners to elected officials. 1975 Op. Att'y Gen. No. 75-64.
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.
Employment contract between board of county commissioners and county manager, while not in violation of the Bateman Act (6-6-11 NMSA 1978 et seq.), which was enacted to require municipalities to live within their annual incomes, was nonetheless void because it created an unconstitutional debt of the county and was an illegal attempt to bind future boards. 1988 Op. Att'y Gen. No. 88-67.
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.
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.
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.
