Section 67-4-3 - [County road superintendent; employment; powers.]

NM Stat § 67-4-3 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

The board of county commissioners of any county in this state may employ a county road superintendent and by resolution provide that such county road superintendent, subject to supervisory powers in the board of county commissioners, shall have charge of all work of construction and maintenance of county roads and bridges, and the purchasing of equipment, materials and supplies therefor.

History: Laws 1921, ch. 135, § 1; C.S. 1929, § 64-201; 1941 Comp., § 58-302; 1953 Comp., § 55-3-3.

This section is entitled to reasonable and practical construction, as to employment of road superintendents. State ex rel. Bard v. Board of Cnty. Comm'rs, 1935-NMSC-014, 39 N.M. 119, 41 P.2d 1105.

Implied repeal of provisions regarding county surveyor. — As respects right of board of county commissioners to employ county road superintendent, provision of Laws 1891, ch. 33, § 11, requiring all county surveying and engineering on roads and bridges to be performed by county surveyor, was impliedly repealed by this section. State ex rel. Bard v. Board of Cnty. Comm'rs, 1935-NMSC-014, 39 N.M. 119, 41 P.2d 1105.

Implications of authority to employ. — Authority to employ implies a choice of employee and a discretion as to terms of employment. State ex rel. Bard v. Board of Cnty. Comm'rs, 1935-NMSC-014, 39 N.M. 119, 41 P.2d 1105.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties and Other Political Subdivisions § 123.