N.M. Stat. § 4-38-19 (2026)

employees; employing a county manager.
   A. A board of county commissioners may set the salaries of such employees and
deputies as it feels necessary to discharge the functions of the county, except that
elected county officials have the authority to hire and recommend the salaries of
persons employed by them to carry out the duties and responsibilities of the offices to
which they are elected.

    B. A board of county commissioners may employ and set the salary of a county
manager to conduct the business of the county, to serve as personnel officer, fiscal
director, budget officer, property custodian and to act generally as the administrative
assistant to the board, aiding and assisting it in the exercise of its duties and
responsibilities.

    C. All officials, officers, deputies and employees of the county or of an elected
official of the county, shall receive their salaries or wages for services rendered on
regular paydays, not more than sixteen days apart.

History: 1953 Comp., § 15-37-16.1, enacted by Laws 1969, ch. 219, § 1; Laws 1971,
ch. 191, § 1; 1973, ch. 90, § 1.

                                     ANNOTATIONS

Cross references. — For salaries of elected county officers, see 4-44-4 NMSA 1978 et
seq.

The county treasurer has exclusive statutory authority to hire and supervise
deputies and other employees of their office. — State law expressly provides
elected county officers, including the county treasurer, with exclusive authority to hire
and recommend the salaries of a deputy and employees to carry out the duties of their
offices, while the county commission is authorized to set the salaries of such employees
and deputies as it feels necessary to discharge the functions of the county, and may
apply a merit or other personnel policy governing working conditions for county
employees to the extent the merit system does not improperly infringe upon the elected
official's authority to hire and supervise employees or interfere with the elected official's
ability to perform the duties of the office. 2024 Op. Att'y Gen. No. 24-08.

The "except" clause of Subsection A does not transfer the salary-setting authority for
deputies and the like from the board of county commissioners to elected officials. 1975
Op. Att'y Gen. No. 75-64.

Merit system for county employees. — The county commissioners may establish by
ordinance a merit system to regulate the employment of county employees. 1981 Op.
Att'y Gen. No. 81-29.

Employment contract between board of county commissioners and county
manager, while not in violation of the Bateman Act (6-6-11 NMSA 1978 et seq.), which
was enacted to require municipalities to live within their annual incomes, was
nonetheless void because it created an unconstitutional debt of the county and was an
illegal attempt to bind future boards. 1988 Op. Att'y Gen. No. 88-67.

Increasing work hours without additional compensation. — A county commission
may increase the hours worked by county employees without additional compensation.
1990 Op. Att'y Gen. No. 90-05.

Supervision of employees of elected officials. — A county commission, its personnel
director or other agents may exercise supervision over the employees of other elected
officials and require those employees to work hours contrary to those established by the
officials, to the extent permitted by statute, provided the board's supervision over
elected officials' employees does not interfere with the duties of those officials. 1990 Op.
Att'y Gen. No. 90-05.

Although a county commission has the authority to control staff of elected officials to
some extent through the budget, it must act reasonably in light of other demands on the
budget and the needs of the officials. 1990 Op. Att'y Gen. No. 90-05.

Employment of agents and servants. — The general rule is that county
commissioners are without power to employ a person to perform acts which are part of
the official duties imposed by statute on another county or state officer, or where the
matter of employment of persons is expressly and fully covered by the statute, but with
these limitations they have implied power to employ such agents and servants as may
be required for county purposes and which are not otherwise provided for by statute or
by the state constitution, and the wisdom and expediency of making a particular
appointment is within their exclusive discretion. 1939 Op. Att'y Gen. No. 39-3256.