SENATE BILL 434
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Joseph Cervantes
AN ACT
RELATING TO PUBLIC OFFICERS; AMENDING SECTIONS OF THE NMSA 1978 TO PROVIDE FOR TRAINING OF MUNICIPAL ELECTED OFFICERS BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION; PROVIDING FOR SUSPENSION OF AN ELECTED MUNICIPAL OFFICER BY THE SECRETARY OF FINANCE AND ADMINISTRATION FOR FAILURE TO COMPLETE TRAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 3-10-2 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-9-2) is amended to read:
"3-10-2. OFFICERS--OATH AND BOND--FAILURE TO QUALIFY.--
A. [Any] An officer elected or appointed to [any] a municipal office shall take an oath or affirmation to support the constitution of the United States and the constitution and laws of New Mexico and to faithfully perform the duties of [his] the office.
B. For the care and disposition of municipal funds in the employee's custody and for the faithful discharge of the employee's duties, the governing body of the municipality shall require a corporate surety bond from the treasurer, the police officer and any other employee it designates. In lieu of individual corporate surety bonds, the governing body may secure a blanket corporate surety bond. The municipality shall pay for the surety bond.
C. An officer elected or appointed to an elective municipal office shall, within six months of being elected or appointed, successfully complete a training course that is approved by the department of finance and administration.
[C.] D. The governing body of any municipality may declare vacated the office of any person who fails, within ten days after [he] the person has been notified of [his] the person's election or appointment to office, to take the oath of office or to give bond when required.
E. The secretary of finance and administration may summarily suspend an elected official of a municipality who fails to meet the requirements of Subsection C of this section. Upon a showing by the suspended elected official that the official has met the requirements of Subsection C of this section, the secretary of finance and administration shall reinstate that official."
SECTION 2. Section 10-1-13 NMSA 1978 (being Laws 1967, Chapter 238, Section 1, as amended) is amended to read:
"10-1-13. COUNTY OFFICERS--OATH--BOND.--
A. As used in this section, "county officer" means county commissioner, county assessor, county clerk, county sheriff, county treasurer, probate judge, county flood commissioner and small claims court clerk.
B. Before assuming the duties of office, each county officer shall successfully complete a training course that is approved by the department of finance and administration, take and subscribe the oath of office prescribed by the constitution of New Mexico and give an official bond payable to the state and conditioned for the faithful performance of duties, during the county officer's term of office and until a successor is elected or appointed and is qualified, and that the county officer shall pay all money received in the county officer's official capacity to the person entitled to receive it. The bond shall be executed by a corporate surety company authorized to do business in this state. The amount of the bond required shall be fixed by the board of county commissioners in a sum equal to twenty percent of the public money handled by the county officer during the preceding fiscal year but not to exceed:
county commissioner- - - - - - - - - - - - - - - - $ 5,000
county assessor- - - - - - - - - - - - - - - - - - -5,000
county clerk- - - - - - - - - - - - - - - - - - - -10,000
county sheriff- - - - - - - - - - - - - - - - - - -20,000
county treasurer- - - - - - - - - - - - - - - - - -50,000
probate judge- - - - - - - - - - - - - - - - - - - -5,000
county flood commissioner- - - - - - - - - - - - - 10,000
small claims court clerk- - - - - - - - - - - - - 10,000.
C. Each county officer shall appoint a deputy or clerk, as allowed by law, who shall take the oath of office required of the appointing county officer and shall receive salary as provided by law. In case of the death of the appointing county officer, the deputy shall continue in office and perform the duties of the county officer until a new county officer is appointed and qualified as required by law.
D. The cost of official bonds for county officers shall be paid from the county general fund, and the board of county commissioners may elect to provide a schedule or blanket corporate surety bond covering county officers and employees for any period of time not exceeding four years.
E. If any county officer fails to give bond by January 10 following the county officer's election or within ten days of appointment, the board of county commissioners shall declare the office vacant."
SECTION 3. Section 10-4-2 NMSA 1978 (being Laws 1909, Chapter 36, Section 2, as amended) is amended to read:
"10-4-2. REMOVAL--CAUSES OF.--[Sec. 6.] The following shall be causes for removal of any officer belonging to the class mentioned in [the preceding] Section 10-4-1 NMSA 1978:
[1] A. conviction of any felony or of any misdemeanor involving moral turpitude;
[2] B. failure, neglect or refusal to discharge the duties of the office or failure, neglect or refusal to discharge any duty devolving upon the officer by virtue of [his] the office;
[3] C. knowingly demanding or receiving illegal fees as such officer;
[4] D. failure to account for money coming into [his] the officer's hands as such officer;
[5] E. gross incompetency or gross negligence in discharging the duties of the office;
F. failure to attend training required pursuant to Subsection C of Section 3-10-2 NMSA 1978 within one year of being elected or appointed; or
[6] G. any other act [or acts which] that in the opinion of the court or jury [amount] amounts to corruption in office or gross immorality rendering the incumbent unfit to fill the office."
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