2020 New Mexico Statutes
Chapter 4 - Counties
Article 44 - Salaries and Provisions Applicable to More Than One Office
Section 4-44-21 - No compensation except as provided by law.

No county officer shall accept or receive to his own use, or for or on account of any deputy or deputies, clerk or clerks appointed by him or employed in his office, or for or on account of expenses incurred by him of [or] by any such deputy or deputies, clerk or clerks, or for or on account of his office, any salary, compensation, allowance, fees or emoluments in any form whatsoever, other than [as] authorized by law.

History: Laws 1915, ch. 12, § 6; C.S. 1929, § 33-3206; Laws 1939, ch. 58, § 1; 1941 Comp., § 15-4112; 1953 Comp., § 15-43-15.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For prohibition from use by county officials of fees or emoluments other than annual salary provided by law, see N.M. Const., art. X, § 1.

For demanding or receiving illegal fees as grounds for removal of local public officer, see 10-4-2 NMSA 1978.

For demanding illegal fees by public officers or employees generally, see 30-23-1 NMSA 1978.

Sheriff's fee for transporting prisoners. — Sheriff was not entitled to more than the statutory $.06 per mile for transporting prisoners, notwithstanding earlier statutes provided for $.125 per mile. State ex rel. Peck v. Velarde, 1935-NMSC-033, 39 N.M. 179, 43 P.2d 377 (decision under prior law).

County commissioner serving also as tribal council member. — A Native American may serve as a tribal council member and as a county commissioner at the same time, as long as his duties as tribal council member do not physically interfere with his duties as county commissioner during the ordinary working hours of that position and the functions of the two positions are not otherwise incompatible. 1990 Op. Att'y Gen. No. 90-14.

Employment of purchasing agents by county. — If purchasing agents could be employed by county commissioners prior to the 1939 amendment, they can be so employed now, and if the legislature had intended to prohibit the practice of employing purchasing agents or other employees, it would have used language clearly indicating that intention, and the change of wording from "as by this act allowed" to "authorized by law" is not sufficient for that purpose. 1939 Op. Att'y Gen. No. 39-3256.

Fee for issuing marriage license. — County clerk can only charge and accept the statutory fee for issuing a marriage license, regardless of the hour so issued, for the performance of such official act, and no sums in the form of an additional charge or gratuity can be accepted by such public official. 1953 Op. Att'y Gen. No. 53-5665.

Pay for teaching in summer school. — County superintendent may not receive pay for teaching in summer schools. 1921 Op. Att'y Gen. No. 21-2841.

Retention of fees by weighmaster and deputies. — Neither a weighmaster nor any of his deputies are authorized to retain any of the fees collected by them in the performance of their duties. 1920 Op. Att'y Gen. No. 20-2581.

Fees collected by sheriffs do not accrue to them personally but are deposited with the county treasurer. 1979 Op. Att'y Gen. No. 79-29.

Money received by sheriff under contract with federal government for feeding and maintaining federal prisoners had to be paid to county treasurer and the sheriff was entitled to collect reimbursement from the general county fund for the actual cost, not to exceed the maximum legal rate. 1947 Op. Att'y Gen. No. 47-5069 (rendered prior to 1983 and 1984 amendments to 4-41-19 NMSA 1978).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 229.