N.M. Const. art. V, § 12
The annual compensation to be paid to the officers mentioned in Section One of this article shall be as follows: governor, five thousand dollars [($5,000)]; secretary of state, three thousand dollars [($3,000)]; state auditor, three thousand dollars [($3,000)]; state treasurer, three thousand dollars [($3,000)]; attorney general, four thousand dollars [($4,000)]; superintendent of public instruction, three thousand dollars [$3,000)]; and commissioner of public lands, three thousand dollars [($3,000)]; which compensation shall be paid to the respective officers in equal quarterly payments.
The lieutenant governor shall receive ten dollars [($10.00)] per diem while acting as presiding officer of the senate, and mileage at the same rate as a state senator.
The compensation herein fixed shall be full payment for all services rendered by said officers and they shall receive no other fees or compensation whatsoever.
The compensation of any of said officers may be increased or decreased by law after the expiration of ten years from the date of the admission of New Mexico as a state.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — An amendment to this section proposed by H.J.R. No. 15, § 2 (Laws 1961), which would have provided that the compensation for officers mentioned in N.M. Const., art. V, § 1, be as set by law, was submitted to the people at the special election held on September 19, 1961. It was defeated by a vote of 17,649 for and 31,697 against.
The superintendent of public instruction, referred to in this section, was deleted from the enumeration of executive officers in Section 1 of this article by the 1958 amendment thereto.
Cross references. — For present salary schedule, see 8-1-1 NMSA 1978.
Comparable provisions. — Montana Const., art. VI, § 5.
Utah Const., art. VII, § 18.
Wyoming Const., art. IV, § 13.
Quarterly payments. — Officers whose salaries are fixed and payable quarterly are not entitled to receive them, nor are they due, except at end of each quarter. 1931 Op. Att'y Gen. No. 31-25.
Lieutenant governor's salary. — The legislature of the state of New Mexico may provide a salary for the lieutenant governor of the state of New Mexico which would, in effect, be more than $10.00 per diem while acting as presiding officer of the senate. 1971 Op. Att'y Gen. No. 71-15.
What additional payments to governor prohibited. — This section merely prohibits the governor from receiving any fees or compensation for services rendered by him as governor, and does not preclude his use of the contingent fund for the obligations of his official position, nor payment for nonofficial services. 1912 Op. Att'y Gen. No. 12-887.
Employment benefits. — Payments by the state, for a state official, for social security, group insurance and public employees' retirement association membership are not payments of additional fees or compensation in violation of this section. 1968 Op. Att'y Gen. No. 68-01.
Section does not prohibit state officer from holding another office not inconsistent with his elective office, nor to receive compensation therefor. 1912 Op. Att'y Gen. No. 12-875.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Governor § 3; 63A Am. Jur. 2d Public Officers and Employees §§ 431 to 471.
Per diem compensation, 1 A.L.R. 276.
New duties imposed on officer, increasing compensation for during term, 21 A.L.R. 256, 51 A.L.R. 1522, 170 A.L.R. 1438.
Nonconstitutional officer, constitutional inhibition against increase or decrease of compensation during term as applicable to, 31 A.L.R. 1316, 86 A.L.R. 1263.
Administrative officer or board, power to change compensation of employee or subordinate, 70 A.L.R. 1055.
Constitutional provision creating office and forbidding change in compensation during term as appropriation, 88 A.L.R. 1054.
Constitutional inhibition of change of officer's compensation as applicable to allowance for expenses or disbursements, 106 A.L.R. 779.
Validity and effect of agreement by public officer or employee to accept less than compensation or fees fixed by law, or of acceptance of reduced amount, 118 A.L.R. 1458, 160 A.L.R. 490.
Constitutional provision against increase or decrease of compensation of public officer as affecting power of legislature to effect decrease by means of administrative procedure or consent of officer, 127 A.L.R. 529.
Operation of statute fixing public officer's salary on basis of population or of the valuation of the taxable property, as contravening a constitutional provision that the salary of a public officer shall not be increased or diminished during his term, 139 A.L.R. 737.
Constitutional provision against increase in compensation of public officer during term of office as applicable to statute providing for first time for compensation for office, 144 A.L.R. 685.
Validity of contract by officer with public for rendition of new or special services to be paid for in addition to regular compensation, 159 A.L.R. 606.
Constitutional or statutory inhibition of change of compensation of public officer as applicable to one appointed or elected to fill vacancy, 166 A.L.R. 842.
Constitutional provision against increasing compensation during term of office as applicable where new duties are imposed on officer after taking office, 170 A.L.R. 1438.
Constitutional provision fixing or limiting salary of public officer as precluding allowance for expenses or disbursements, 5 A.L.R.2d 1182.
67 C.J.S. Officers and Public Employees §§ 218 to 242; 81A C.J.S. States §§ 104 to 119.