2021 New Mexico Statutes
Chapter 3 - Municipalities
Article 37 - Municipal Finances
Section 3-37-3 - Finance officer; duties; records open to inspection.

A. The treasurer shall be the finance officer for the municipality unless another officer is directed by ordinance to be the finance officer. The finance officer shall:

(1) receive all money belonging to the municipality;

(2) keep his accounts and records in the manner prescribed by the governing body;

(3) keep the money of the municipality separate from any other money in his possession;

(4) expend the money only as directed by the governing body;

(5) submit monthly, or oftener if required by the governing body, a report of the receipts and expenditures of the municipality; and

(6) prepare annually, at the close of the fiscal year, a financial report showing the receipts, expenditures and balances for each fund. A copy of the financial report shall be filed in the office of the municipal clerk as a public document.

B. The records of the finance officer shall be open to inspection by any citizen during the regular business hours of the municipality.

History: 1953 Comp., § 14-36-3, enacted by Laws 1965, ch. 300.

Cross references. — For requirements for cash books for public money, see 6-10-2 NMSA 1978.

For bonds of treasurers, see 6-10-38 NMSA 1978 et seq.

For failure of local officer to account for money as cause for removal, see 10-4-2 NMSA 1978.

Custody of funds. — An ordinance requiring a city treasurer to deposit city funds in his hands in banks qualified as provided by the ordinance, but not restricting payments by him of such moneys on his own checks, would not deprive him of the "custody" of such funds. Territory ex rel. City of Albuquerque v. Matson, 1911-NMSC-016, 16 N.M. 135, 113 P. 816.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 283.

62 C.J.S. Municipal Corporations § 545; 64 C.J.S. Municipal Corporations § 1880.