2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 10 - Public Money › Section 6-10-8 - County boards of finance.

The board of county commissioners in each county in the state shall, ex officio and without additional compensation, constitute a county board of finance and as such shall, subject to the limitations of this act, have supervision over the determination of the qualifications and selection of banks, savings and loan associations and credit unions, whose deposits are insured by an agency of the United States, to receive the public money of their respective counties and of independent rural school districts, rural school districts and municipal school districts of municipalities having less than twenty-five thousand population according to the next preceding United States census and of any special or other districts in their respective counties for which the respective county treasurers of such counties act as ex-officio tax collectors. The county clerk in each county shall, ex officio and without additional compensation, act as clerk of such county board of finance. Every county board of finance shall hold meetings whenever necessary for the discharge of its duties, and the chairman shall convene such board whenever necessity therefor exists or when requested so to do by two of its members or at any time when the county treasurer shall advise the chairman that he has in his custody public money in excess of the aggregate amount which depositories qualified by law are entitled to hold. A majority of the board shall constitute a quorum for the transaction of business.
The county treasurer of each county in the state shall have supervision of the deposit and safekeeping of the public money of his county and all the money which may at any time come into or be in his possession as county treasurer and ex-officio tax collector for the use and benefit of the state or of any county, municipality or district or of any subdivision of any county or of any state or public institution and by and with the advice and consent of the respective boards of finance having jurisdiction over the respective funds shall designate banks, savings and loan associations and credit unions, whose deposits are insured by an agency of the United States, to receive on deposit all moneys entrusted in his care.
History:
Laws 1933, ch. 175, § 1; 1941 Comp., § 7-204; 1953 Comp., § 11-2-4; Laws 1968, ch. 18, § 2; 1981, ch. 332, § 1; 1987, ch. 79, § 4.
ANNOTATIONS
Compiler's notes.
— The term "this act," which appears in the first sentence, was added by the 1968 amendment. It appears to refer to Laws 1968, ch. 18, which is compiled in 6-1-1, 6-10-8, 6-10-10, 6-10-24, 6-10-26, 6-10-29, 6-10-31, 6-10-32, 22-8-31 and 22-8-37 NMSA 1978.
The 1987 amendment,
effective June 16, 1987, inserted "and credit unions" following "savings and loan associations" in the first sentence of the first paragraph and in the last sentence of the second paragraph and made minor language changes throughout the section.
Delegation to country treasurer.
— There is no statutory prohibition against delegation to the county treasurer by the board of county commissioners, sitting as the county board of finance, of specific investment decision-making. For example, the board could adopt a policy and permit the treasurer to make investment decisions that conform to the policy. Such delegation may be essential to enable the treasurer to respond to sudden changes in the financial markets.
Board of Cnty. Comm'rs v. Padilla
, 1990-NMCA-125, 111 N.M. 278, 804 P.2d 1097.
Relationship between county treasurer and board of finance.
— The county treasurer determines how to deposit and invest county funds. That decision must then be approved by the board of county commissioners, sitting as the county board of finance. The board of finance has no power to modify the county treasurer's decision without the treasurer's concurrence. On the other hand, the county treasurer cannot impose a unilateral decision upon the board of finance.
Board of Cnty. Comm'rs v. Padilla
, 1990-NMCA-125, 111 N.M. 278, 804 P.2d 1097.
Board of county commissioners, acting as a board of finance, may not delegate to a financial advisor duties that are statutorily delegated to either the county treasurer or the board.
— Where the Sandoval county board of county commissioners hired a contractor to formulate an investment policy for the county and to advise the Sandoval county treasurer and the board of financial matters, the contractor may aid the county commissioners, acting as the board of finance, in the formulation of an investment policy, but the contractor may not be delegated the statutory authority to supervise, demand or oversee the roles and responsibilities of the county treasurer. New Mexico courts have confirmed that a board of county commissioners may delegate its "advice and consent" authority to the county treasurer through the adoption of a county investment policy; yet, it may not delegate its statutory "advice and consent" authority to a contractor.
Sandoval County Treasurer
(5/17/16), Att'y Gen. Adv. Ltr. 2016-04.
Boards of county commissioners have exclusive authority
and responsibility to act as county boards of finance, the only limitations upon their authority being those imposed by statute. 1962 Op. Att'y Gen. No. 62-71.
Designation of banks as official depositories of county funds.
— The county boards of finance are the sole authorities within their respective counties to determine which banks are to be designated as the official depositories of county funds and if more than one bank in each county is so designated to then determine the distribution of deposits between such banks. 1962 Op. Att'y Gen. No. 62-71.
County treasurer acts in purely ministerial capacity
and can only deal with such moneys in the manner prescribed by the county board of finance. 1962 Op. Att'y Gen. No. 62-71, but
see
Board of County Comm'rs v. Padilla
, 1990-NMCA-125, 111 N.M. 278, 804 P.2d 1097.
"School activity funds" of public schools are public funds
so as to require that they be deposited in the same manner as other public funds. 1962 Op. Att'y Gen. No. 62-71.
Money derived from tax levies
and used to support a county hospital are public funds. 1969 Op. Att'y Gen. No. 69-76.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63C Am. Jur. 2d Public Funds §§ 5, 6, 11, 12.
20 C.J.S. Counties §§ 193 to 203.