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File #: CO0595-20b    Version: 1
Type: Code Ordinance Status: Approved
File created: 11/3/2020 In control: County Council - Regular Session
On agenda: 11/17/2020 Final action: 11/17/2020
Title: Incorporated County of Los Alamos Code Ordinance No. 02-309 An Ordinance Amending Chapter 2, Article III, Section 2-112, Adjusting the Compensation of The County Clerk As Provided For By Statute
Presenters: James Robinson
Attachments: 1. A - Notice of Publication, 2. B - INCORPORATED COUNTY OF LOS ALAMOS CODE ORDINANCE 02-309, 3. C - N.M. Stat. Ann 4-44-14, 4. D - INCORPORATED COUNTY OF LOS ALAMOS CODE ORDINANCE 02-265

Title

Incorporated County of Los Alamos Code Ordinance No. 02-309 An Ordinance Amending Chapter 2, Article III, Section 2-112, Adjusting the Compensation of The County Clerk As Provided For By Statute

Recommended Action

I move that Council adopt Incorporated County of Los Alamos Code Ordinance No. 02-309 An Ordinance Amending Chapter 2, Article III, Section 2-112, Adjusting the Compensation Of The County Clerk As Provided For By Statute and ask the staff to assure that it is published as provided in the County Charter.

Councilor Recommendation

Councilor Robinson recommends that Council adopt this Code Ordinance.

Body

The duties of the office of county clerk are complex and varied. First, the county clerk serves as the arm of the state in the administration of elections in the county. Secondly, the county clerk has significant recording, filing, and indexing duties as the repository for numerous documents such as real estate records which are required by law to be filed in the clerk’s office. Third, the county clerk serves as the ex-officio clerk for the county council. Fourth, the clerk also serves as the clerk for the probate court. Fifth, the county clerk is responsible for the issuance of marriage licenses, and other miscellaneous licenses and the collection of fees for same.

With these duties, and in particular elections, becoming more complicated, it has been suggested that Council consider raising this salary in order to both recognize the importance of the position; to remain competitive with other local positions and those of our neighboring communities, and to keep the salary in line with inflation.  The proposed salary increase is approximately equal to what would have been an annual salary increase of 3% per year.

The current full time County Clerk annual salary of $65,855.00 was established by the County Council by the adoption of Ordinance No. 02-265 in 2016, an amount which has remained the same for the term of office that began on January 1, 2017.  In 2018 the Governor signed into law an amendment to NM Stat. Ann. 4-44-14 to allow an H Class County like Los Alamos County to increase the annual salary for the full-time County Clerk from an amount not in exceed $65,855.00 to an amount not to exceed $75,733.00.

 

This issue is being brought forward now so that anyone considering running for the position of County Clerk would be aware of the salary before filing for candidacy in the 2024 election.  As provided for in state law, any action increasing the salary of the County Clerk would not affect the during this term of office but would take effect for the term of office beginning January 1, 2021.

Alternatives

Council could choose to take no action in which case the current salary would remain the same through the term of office for the County Clerk that begins January 1, 2021.

Fiscal and Staff Impact

This ordinance would increase the annual salary for the Count Clerk by $9,878.00, from $65,855.00 to $75,733.00.  The proposed salary increase is approximately equal to what would have been an annual salary increase of 3% per year over the prior 4 years.

Attachments

A - Notice of Publication

B - Incorporated County of Los Alamos Code Ordinance No. 02-309

C - N.M. Stat. Ann. 4-44-14

D - Incorporated County of Los Alamos Code Ordinance No. 02-265