A. The annual salaries of elected or appointed part-time officers of an H class county shall not exceed, for:

(1) county commissioners, fifteen thousand eight hundred forty-four dollars ($15,844) each;

(2) treasurer, seven thousand nine hundred twenty-two dollars ($7,922);

(3) assessor, seven thousand nine hundred twenty-two dollars ($7,922);

(4) sheriff, seven thousand nine hundred twenty-two dollars ($7,922);

(5) county clerk, seven thousand nine hundred twenty-two dollars ($7,922); and

(6) probate judge, four thousand six hundred thirty-six dollars ($4,636).

B. The annual salaries of elected or appointed full-time officers of an H class county shall not exceed, for:

(1) treasurer, seventy-five thousand seven hundred thirty-three dollars ($75,733);

(2) assessor, seventy-five thousand seven hundred thirty-three dollars ($75,733);

(3) sheriff, seventy-eight thousand nine hundred fifty-two dollars ($78,952); and

(4) county clerk, seventy-five thousand seven hundred thirty-three dollars ($75,733).

C. The governing body of an H class county shall designate whether each of the offices of treasurer, assessor, sheriff and county clerk is part time or full time; however, a change in that designation shall not take effect until the first day of the term of an elected county official who takes office after the change in designation is approved.

History: 1953 Comp., § 15-43-5.1, enacted by Laws 1955, ch. 4, § 2; 1959, ch. 47, § 1; 1969, ch. 219, § 12; 1974, ch. 24, § 1; 1998, ch. 11, § 7; 2002, ch. 79, § 7; 2006, ch. 87, § 7; 2013, ch. 188, § 7; 2016, ch. 36, § 1; 2018, ch. 78, § 6.

Cross references. — For disposition of fees collected by officers of H class counties, see 4-44-15 NMSA 1978.

For payment of expenses of sheriffs, deputy sheriffs and guards for serving process and certain other official business, see 4-44-18 NMSA 1978.

The 2018 amendment, effective May 16, 2018, increased the salary caps applicable to elected or appointed officers of an H class county; in the catchline, deleted "and expenses"; in Subsection A, in the introductory clause, deleted "Officers" and added "The annual salaries of", after "elected or appointed", deleted "in a county of the H class to an office that is designated as part-time shall receive no more than the following annual salaries" and added "part-time officers of an H class county shall not exceed, for", in Paragraph A(1), deleted "thirteen thousand seven hundred seventy-seven dollars ($13,777)" and added "fifteen thousand eight hundred forty-four dollars ($15,844) each", in Paragraph A(2), deleted "six thousand eight hundred eighty-nine dollars ($6,889)" and added "seven thousand nine hundred twenty-two dollars ($7,922)", in Paragraph A(3), deleted "six thousand eight hundred eighty-nine dollars ($6,889)" and added "seven thousand nine hundred twenty-two dollars ($7,922)", in Paragraph A(4), deleted "six thousand eight hundred eighty-nine dollars ($6,889)" and added "seven thousand nine hundred twenty-two dollars ($7,922)", in Paragraph A(5), deleted "six thousand eight hundred eighty-nine dollars ($6,889)" and added "seven thousand nine hundred twenty-two dollars ($7,922)", and in Paragraph A(6), deleted "four thousand thirty-one dollars ($4,031)" and added "four thousand six hundred thirty-six dollars ($4,636)"; in Subsection B, in the introductory clause, deleted "Officers who are" and added "The annual salaries of", and after "elected or appointed", deleted "in a county of the H class to an office that is designated as full-time shall receive no more than the following annual salaries" and added "full-time officers of an H class county shall not exceed, for", in Paragraph B(1), deleted "sixty-five thousand eight hundred fifty-five dollars ($65,855)" and added "seventy-five thousand seven hundred thirty-three dollars ($75,733)", in Paragraph B(2), deleted "sixty-five thousand eight hundred fifty-five dollars ($65,855)" and added "seventy-five thousand seven hundred thirty-three dollars ($75,733)", in Paragraph B(3), deleted "sixty-eight thousand six hundred fifty-four dollars ($68,654)" and added "seventy-eight thousand nine hundred fifty-two dollars ($78,952)", and in Paragraph B(4), deleted "sixty-five thousand eight hundred fifty-five dollars ($65,855)" and added "seventy-five thousand seven hundred thirty-three dollars ($75,733)"; and in Subsection C, after "designate whether", deleted "the office" and added "each of the offices", after "sheriff", deleted "or" and added "and", after "full time", deleted "provided", after "however", deleted "that no" and added "a", after "designation shall", added "not", and after "takes office after the", added "change in".

The 2016 amendment, effective July 1, 2016, revised the salary structure for certain H class county officers, and required the governing body of an H class county to designate whether certain offices are part-time or full-time positions; in Subsection A, in the introductory sentence, after "H class", added "to an office that is designated as part-time"; and added new Subsections B and C and redesignated former Subsection B as Subsection D.

The 2013 amendment, effective January 1, 2014, increased the salary limits for elected officials; in Subsection A, in the introductory sentence, after "appointed in", deleted "an unincorporated" and added "a" and after "shall receive", added "no more than"; in Paragraph (1), after "commissioners", deleted "one dollar ($1.00)" and added "thirteen thousand seven hundred seventy-seven dollars ($13,777)"; in Paragraph (2), after "treasurer", deleted "one dollar ($1.00)" and added "six thousand eight hundred eighty-nine dollars ($6,889)"; in Paragraph (3), after "assessor", deleted "one dollar ($1.00)" and added "six thousand eight hundred eighty-nine dollars ($6,889)"; in Paragraph (4), after "sheriff", deleted "one dollar ($1.00)" and added "six thousand eight hundred eighty-nine dollars ($6,889)"; in Paragraph (5), after "county clerk", deleted "one dollar ($1.00)" and added "six thousand eight hundred eighty-nine dollars ($6,889)"; in Paragraph (6), after "probate judge", deleted "three thousand five hundred five dollars ($3,505)" and added "four thousand thirty-one dollars ($4,031)", and deleted former Paragraph (7), which provided for a salary for a county surveyor; deleted former Subsection B, which provided a per diem expense for officials, except the probate judge, for attending meetings; and added Subsection B.

The 2006 amendment, effective January 1, 2007, in Paragraph (6) of Subsection A, increased the salary of probate judges from $3,048 to $3,505.

The 2002 amendment, effective January 1, 2003, in Subsection A, substituted "an unincorporated county" for "the counties" in the introductory language, and increased the salary amount in Paragraph (6).

The 1998 amendment, effective January 1, 1999, in Subsection A(6), substituted "two thousand six hundred fifty dollars ($2,650)" for "two thousand three hundred four dollars ($2,304)" and in Subsection B, deleted "therein" following 'salaries" in the first sentence.

Elective "H" class county officials are entitled to receive $15.00 per diem expense for each day, or fraction thereof, spent in commission meetings or in the performance of their official duties for the county. 1959 Op. Att'y Gen. No. 59-91.