2020 New Mexico Statutes
Chapter 4 - Counties
Article 38 - Board of County Commissioners
Section 4-38-2 - Members; quorum.
A. The board of county commissioners shall consist of either three or five qualified electors who shall be elected according to law. For a three-member board, two members constitute a quorum for the purpose of transacting business. For a five-member board, three members constitute a quorum for the purpose of transacting business.
B. The board of county commissioners of any county having a population of more than one hundred thousand, as shown by the most recent federal decennial census, and having a final, full assessed valuation in excess of seventy-five million dollars ($75,000,000) shall consist of five qualified electors who shall be elected according to law.
History: Laws 1876, ch. 1, § 8; C.L. 1884, § 339; C.L. 1897, § 658; Code 1915, § 1189; C.S. 1929, § 33-4202; 1941 Comp., § 15-3502; 1953 Comp., § 15-37-2; Laws 1974, ch. 21, § 1; 2002, ch. 61, § 1.
ANNOTATIONSCross references. — For classification of counties for salary purposes, see 4-44-1 NMSA 1978.
For five member boards of county commissioners, see N.M. Const., art. X, § 7.
For oath and bond of county officers, see 10-1-13 NMSA 1978.
The 2002 amendment, effective May 15, 2002, in Subsection A, substituted "either three or five qualified electors" for "three qualified electors any two of whom shall be competent to transact business" in the first sentence, and added the second and third sentences; and in Subsection B, inserted "federal", and deleted the former last sentence, which read: "For the purpose of transacting business, three members shall constitute a quorum."
Relationship of constitutional provisions concerning office of county commissioner. — When N.M. Const., art. X, § 7, was added by constitutional amendment, the old § 2 of article X ceased to apply to counties having a population greater than 100,000 and an assessed valuation greater than $75,000,000. Under N.M. Const., art. X, § 7, the original offices of county commissioner for two-year terms in affected counties were in effect abolished and new offices of county commissioner for two four-year terms were created, notwithstanding that the new constitutional provision does not expressly say that the old offices were abolished and new ones created. Morris v. Gonzales, 1978-NMSC-026, 91 N.M. 495, 576 P.2d 755.
Permissible terms of office. — A county commissioner who has previously served a two-year term as county commissioner under N.M. Const., art. X, § 2, and one four-year term under N.M. Const., art. X, § 7, may serve an additional four-year term under N.M. Const., art. X, § 7. Morris v. Gonzales, 1978-NMSC-026, 91 N.M. 495, 576 P.2d 755.
Constitutionality of scheme for election of county commissioners. — Statutory provisions for election of county commissioners from five separate voting districts in certain heavily populated counties does not deny equal protection under federal constitution to residents of less heavily populated counties where three county commissioners are elected at large, since classification between heavily populated counties, with a greater variety of social and economic needs of the populace, and more rural counties, where needs of the general populace were likely to be similar, has a substantial and reasonable relation to the subject matter involved. Pierce v. King, 373 F. Supp. 1130 (D.N.M. 1974).
Eligibility of county employee for office of county commissioner. — A school bus driver, employed by the county, is eligible to be a candidate and may run for election for the office of county commissioner if he is a qualified elector and is not otherwise disqualified generally by reason of the disqualification spelled out in the New Mexico constitution. 1959 Op. Att'y Gen. No. 59-210.
There is no statute prohibiting a county commissioner from accepting another office. The office is not incompatible with an office under the cattle sanitary board (now New Mexico livestock board) or the state highway department. 1939 Op. Att'y Gen. No. 39-3137.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 129.
Power of courts or judges in respect of removal of county commissioner, 118 A.L.R. 175.
20 C.J.S. Counties § 79.
