2020 New Mexico Statutes
Chapter 4 - Counties
Article 44 - Salaries and Provisions Applicable to More Than One Office
Section 4-44-4 - Class A counties; salaries.
The annual salaries of elected officers of a class A county shall not exceed, for:
A. county commissioners, thirty-nine thousand one hundred six dollars ($39,106) each;
B. treasurer, eighty-six thousand six hundred twenty-six dollars ($86,626);
C. assessor, eighty-six thousand six hundred twenty-six dollars ($86,626);
D. sheriff, ninety thousand three hundred thirty-eight dollars ($90,338);
E. county clerk, eighty-six thousand six hundred twenty-six dollars ($86,626); and
F. probate judge, thirty-eight thousand one hundred fourteen dollars ($38,114).
History: 1953 Comp., § 15-43-4, enacted by Laws 1957, ch. 196, § 2; 1959, ch. 262, § 1; 1961, ch. 247, § 1; 1965, ch. 236; § 1; 1969, ch. 219, § 3; 1970, ch. 83, § 1; 1973, ch. 380, § 1; 1974, ch. 70, § 1; 1976 (S.S.), ch. 14, § 1; 1978, ch. 191, § 1; 1980, ch. 135, § 1; 1982, ch. 39, § 1; 1986, ch. 67, § 1; 1990, ch. 82, § 1; 1994, ch. 38, § 1; 1998, ch. 11, § 1; 2002, ch. 79, § 1; 2006, ch. 87, § 1; 2011, ch. 56, § 16; 2013, ch. 188, § 2; 2018, ch. 78, § 2.
ANNOTATIONSCross references. — For collection and disposition of fees, commissions, mileage and per diem, see 4-44-28, 4-44-29 NMSA 1978.
The 2018 amendment, effective May 16, 2018, increased the salary caps applicable to elected county officials in class A counties, and made stylistic changes; in Subsection A, deleted "thirty-four thousand five dollars ($34,005)" and added "thirty-nine thousand one hundred six dollars ($39,106)"; in Subsection B, deleted "seventy-five thousand three hundred twenty-seven dollars ($75,327)" and added "eighty-six thousand six hundred twenty-six dollars ($86,626)"; in Subsection C, deleted "seventy-five thousand three hundred twenty-seven dollars ($75,327)" and added "eighty-six thousand six hundred twenty-six dollars ($86,626)"; in Subsection D, deleted "seventy-eight thousand five hundred fifty-five dollars ($78,555)" and added "ninety thousand three hundred thirty-eight dollars ($90,338)"; in Subsection E, deleted "seventy-five thousand three hundred twenty-seven dollars ($75,327)" and added "eighty-six thousand six hundred twenty-six dollars ($86,626)"; and in Subsection F, deleted "thirty-three thousand one hundred forty-three dollars ($33,143)" and added "thirty-eight thousand one hundred fourteen dollars ($38,114)".
The 2013 amendment, effective January 1, 2014, increased the salary limits for elected officials; in Subsection A, after "commissioners", deleted "twenty-nine thousand five hundred sixty nine dollars ($29,569)" and added "thirty-four thousand five dollars ($34,005)"; in Subsection B, after "treasurer", deleted "sixty-five thousand five hundred one dollars ($65,501)" and added "seventy-five thousand three hundred twenty-seven dollars ($75,327)"; in Subsection C, after "assessor", deleted "sixty-five thousand five hundred one dollars ($65,501)" and added "seventy-five thousand three hundred twenty-seven dollars ($75,327)"; in Subsection D, after "sheriff", deleted "sixty-eight thousand three hundred eight dollars ($68,308)" and added "seventy-eight thousand five hundred fifty-five dollars ($78,555)"; in Subsection E, after "county clerk", deleted "sixty-five thousand five hundred one dollars ($65,501)" and added "seventy-five thousand three hundred twenty-seven dollars ($75,327)"; in Subsection F, after "probate judge", deleted "twenty-eight thousand eight hundred twenty dollars ($28,820)" and added "thirty-three thousand one hundred forty-three dollars ($33,143)".
The 2011 amendment, effective December 31, 2012, eliminated the salary for county surveyors.
The 2006 amendment, effective January 1, 2007, increased the salaries of elected officials.
The 2002 amendment, effective January 1, 2003, increased the maximum salaries of elected officers in Subsections A through F.
The 1998 amendment, effective January 1, 1999, substituted the present salaries of the officers listed in Subsections A to F for the former salaries, which were $19,442, $43,068, $43,068, $44,913, $43,068, and $18,950, respectively.
The 1994 amendment, effective May 18, 1994, substituted the present salaries of the officers listed in Subsections A to G for the former salaries, which were $18,170, $40,250, $40,250, $41,975, $40,250, $17,710 and $18,170, respectively.
1982 amendment unconstitutional. — Because the 1982 amendment of this section would allow the compensation of elected county officers to increase during the term for which they were elected, this section violates N.M. Const., art. IV, § 27, and is unconstitutional; that revives this section as it read prior to the 1982 amendment. 1983 Op. Att'y Gen. No. 83-01.
Salaries of county officers elected in November begin with beginning of the following January. 1916 Op. Att'y Gen. No. 16-1782.
A new appointee to the office of probate judge may receive the increased salary designated for that office by legislation enacted by the last legislature. 1960 Op. Att'y Gen. No. 60-60.
County commissioners are not authorized to pay a county assessor extra for work his predecessor should have done. 1921 Op. Att'y Gen. No. 21-2788.
