Sections 10-8-1 through 10-8-8 NMSA 1978 may be cited as the “Per Diem and Mileage Act”.
HISTORY:
1953 5-10-1, enacted by Laws 1963, ch. 31, § 1; 1978, ch. 184, § 1; 1979, ch. 273, § 2.
Notes to Decisions
Miscellaneous.
Where an independent contractor effectively served as the executive director of a state independent living council (SILC) and alleged that an official communicated an audit report’s allegedly false and stigmatizing statements to private individuals, the official was entitled to qualified immunity as to the contractor’s stigma-plus liberty-interest due-process claim because, inter alia, the SILC could be considered governmental for the purpose of intra-governmental disseminations since, inter alia, SILC members were paid pursuant to the New Mexico Per Diem and Mileage Act. Isengard v. N.M. Pub. Educ. Dep't, Div. of Voc. Rehab., 708 F. Supp. 2d 1190, 2009 U.S. Dist. LEXIS 101916 (D.N.M. 2009).
OPINIONS OF ATTORNEY GENERAL
Applicability.
A local school district employee who serves on the state board of education may draw salary from the district and per diem and expenses from the state department of education. However, he may not be paid for time spent away from his duties with the district unless he takes authorized leave with pay. 1987 N.M. Op. Att'y Gen. No. 87-45, 1987 N.M. AG LEXIS 41.
State legislators appointed to the New Mexico child support enforcement study commission may not be permitted to collect expenses incurred as a member of the commission and be compensated in accordance with the Per Diem and Mileage Act, 10-8-1 NMSA 1978 et seq. Judges of the district courts appear to fall within the definitions of both “employees” and “public officers” in 10-8-3 and while there are not other provisions of state law which would preclude judges from coverage of the Per Diem and Mileage Act, a judge who is a member of the commission is advised to insure he or she is in compliance with Canon 6 of the Code of Judicial Conduct which relates to filing reports for compensation received for quasi-judicial or extra judicial activities. 1985 Attorney General Advisory Letter No. 85-16, 1985 N.M. AG LEXIS 25.