Title
Discussion and Possible Action on New Mexico Counties / State of New Mexico Statutory Amendment
Recommended Action
I move that Council, through its Chair, respectfully object to the proposed statutory changes because many of the changes, assumedly unintentionally;
(1) conflicts with Los Alamos County's charter that was lawfully adopted pursuant to Article X, Section 5 of the state constitution establishing incorporated counties;
(2) conflicts with an incorporated counties statutory powers as a municipality as provided for in Article X, Section 5 of the state constitution (Incorporated Counties);
(3) fails to recognize that incorporated counties do not have the same elected officials as other counties as allowed by Article X, Section 5 of the state constitution and as provided in this county's charter; and
(4) improperly burdens the rights of self-government provided to the citizens of an incorporated county granted by Article X, Section 5 and Article X, Section 6 (Municipal Home Rule) of the state constitution.
Body
The New Mexico Counties (NMC) Board of Directors (BOD) will be voting on legislative priorities for the upcoming 60-day session starting January 2027 at the next BOD meeting on August 6, 2026. Each County is represented and has one vote on the NMC BOD. One topic being worked are changes to NM Statutes related to elected officials. Some of the changes are to fix outdated language and there are others intended to improve the functioning of County government. This topic has been discussed at the following meetings:
May 1 BOD meeting
May 29 Commissioners Affiliate meeting
June 17 Commissioners Affiliate meeting
June 19 BOD meeting
July 6 Commissioners Affiliate meeting
Chair Ryti requested this item be brought before the Council because many of these changes are substantial and may be in conflict or are in conflict with our abilities to function as an Incorporated County or as a Home Rule County. Given the extent and complexity of the possible changes, it is difficult to catalog every change that could be in conflict with either being an Incorporated or Home Rule entity. Council is asked to discuss the changes and recommended motion support on how Chair Ryti should vote as the Los Alamos County representative at the next BOD meeting.
The statutory amendments are being proposed by NMC in good faith to address concerns expressed by their members. Los Alamos County is the only Incorporated County in New Mexico as provided for in Article X, Section 5 of the state constitution, which means this county has all the powers of a municipality (city). It is understandable that NMC is not fully aware of how some of the proposed changes conflict with Los Alamos County's form of local government, charter, and rights to self govern. Examples of these conflicts include but are not limited to:
1. Los Alamos County does not have an elected Treasurer
2. Los Alamos County also has a Municipal Court, and a Police Department serving as chief law enforcement
3. Los Alamos County Sheriff does not have law enforcement powers
4. Recommendations suggest procedures and oversight will be determined by the state statute versus locally under our home rule powers
By including incorporated counties into statutes that govern non-incorporated counties, ambiguity and confusion is created for incorporated counties at the expense of the other counties gaining clarity. To address these conflicts, NMC should consider a separate section to address the unique constitutional classification of incorporated counties and their distinct constitutional powers.
Attachments
A - NM Counties Talking Points for Statutory Amendment Committee, May 29, 2026
B - Statutory Amendments and Clean Up Reference List, Version 6
C - NM Counties Proposed Statutory Changes, Version 6