The New Mexico Association of Counties (NMAC) is seeking statewide endorsement of a very important measure that will be on the ballot in the 2010 general election. Since statehood, county officials (assessors, clerks, commissioners, probate judges, sheriffs and treasurers) in New Mexico have been subject to the most restrictive term limits in the nation. A survey by the New Mexico Association of Counties found that 44 states currently provide unlimited terms for county officials.
Constitutional Amendment 2 does not remove term limits for county officials. Instead it seeks an incremental change, allowing an effective official who seeks a third term and is retained by the voters to serve a total of 12 rather than eight years in office.
County officials must learn complex systems in order to be effective, and a limit of two terms unnecessarily deprives counties of badly needed expertise. County officials must be permitted to gain the education that three consecutive terms afford.
Education and training for elected officials costs counties thousands of dollars. Yet the law requires that they leave office at the end of their second term. Currently, voters who wish to retain their local officials and capitalize on the acquired knowledge and expertise for their county are disenfranchised from making that choice.
When there is a rapid turnover of elected officials, outside interests such as lobbyists or long-time career bureaucrats gain power when elected officials leave office after only two terms.
Provisions currently exist in both the State Constitution (Article X, Section 9) and statute (10-4-1 and 10-4-2) to recall or remove county elected officials for misfeasance, malfeasance, and failure, neglect, or refusal to discharge the duties of the office. Additional statutes provide oversight responsibility for the performance of county elected officials through the Departments of Finance and Administration, Taxation and Revenue, Secretary of State and the State Auditor’s Office.
This amendment strikes a balance between those who want to ensure that a county officer will not take advantage of incumbency and those who recognize the value of having public officers who are experienced and knowledgeable. Under the proposed amendment, term limits would remain in place, but those officials that earn the support of the voters will be allowed the chance to run and serve for one additional term before being barred from holding county office for a two-year period.
A third term will also help to ensure the availability of qualified officials in complex and difficult economic times, particularly in small and rural counties where it may be hard to find people willing to fill those offices.
We live in a democracy where voters have the right to retain or remove elected officials as they deem appropriate within their respective communities. The passing of Constitutional Amendment 2 will amend the state Constitution to expand the options for voters to retain experienced and knowledgeable county officials, and thus ensure continuity of responsible and effective services to New Mexico citizens.
For additional information, please contact me at (505) 250-7749 or pgutierrez@nmcounties.org.
Gutierrez is the executive director of the New Mexico Association of Counties.