Legislation Details

File #: 21978-26    Version: 1
Type: Briefing/Report (Dept,BCC) - Action Requested Status: Council Business
File created: 7/17/2026 In control: County Council - Regular Session
On agenda: 8/4/2026 Final action:
Title: Discussion and Possible Action on New Mexico Counties / State of New Mexico Statutory Amendment
Presenters: Randall Ryti
Indexes (Council Goals): Quality Governance - Communication and Engagement, Quality Governance - Intergovernmental and Regional Relations
Attachments: 1. A - NM Counties Talking Points for Statutory Amendment Committee, May 29, 2026, 2. B - Statutory Amendments and Clean Up Reference List, Version 6, 3. C - NM Counties Proposed Statutory Changes, Version 6
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 Some of the changes are to fix outdated language and there are others intended to improve the functioning of County government.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 pos...

Click here for full text