N.M. Stat. » Chapter 11 — Intergovernmental Agreements and Authorities
New Mexico Statutes

N.M. Stat. § 11-1-6 (2026)

Privileges and immunities, exemptions, benefits

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All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen's compensation and other benefits which apply to the activity of officers, agents or employees of any such public agency when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of the Joint Powers Agreements Act.

History: 1953 Comp., § 4-22-6, enacted by Laws 1961, ch. 135, § 6.

ANNOTATIONS

Scope of section. — This section goes no further than to provide that an official of a participating member of the joint project does not lose his privileges, immunities or benefits during the time that he is serving under the joint project. Thus, participation by an official previously covered by the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978] does not remove him from continued participation in the retirement system, but it does nothing whatever to confer or transfer participation to other officials who are not so covered by the system. 1970 Op. Att'y Gen. No. 70-58.

Notes of Decisions
Cited in 2 cases, 2002–2008 · leading case: City of Raton v. Arkansas River Power Auth., 611 F. Supp. 2d 1190 (D.N.M. 2008).
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City of Raton v. Arkansas River Power Auth., 611 F. Supp. 2d 1190 (D.N.M. 2008). · cites it 4× “According to ARPA, the New Mexico Joint Powers Agreements Act, NMSA 1978 § 11-1-6, allows ARPA to rely on its immunity under the Governmental Immunity Act.”
Gutierrez v. West Las Vegas Sch. Dist., 2002-NMCA-068, 48 P.3d 761. “The “administering agency” chosen to “administer or execute the agreement” is to be considered as “an entity separate from the parties to such agreement.”
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