About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2015 Op. N.M. Att'y Gen. 1 (2015)

handle is hein.sag/sagnm0094 and id is 1 raw text is: -, Z 0 Attorney General Of New Mexico HECTOR H. BALDERAS ELIZABETH A. GLENN Attorney General Chief Deputy Attorney General July 27, 2015 Shawn Lerch Chief Executive Officer Miners' Colfax Medical Center 203 Hospital Drive Raton, NM 87740 Re: Opinion Request - Recruitment and Retention of Health Care Professionals Dear Mr. Lerch: You requested our advice regarding the use of funds held by the Miners' Colfax Medical Center (MCMC) for the recruitment and retention of health care professionals. Specifically, you stated that MCMC would like to be able to pay for travel expenses, hotel expenses and meals for doctors' on site recruitment visits as well as for retention bonuses to keep the doctors for extended periods of time. You reference an advisory letter from Attorney General Patricia Madrid in 2001 where MCMC posed a question on the same issues. See letter to Gary Gabriele, Budget Director, Miners' Colfax Medical Center from Zachary Shandler, Assistant Attorney General (Feb. 12, 2001). Our review of the 2001 letter, the New Mexico Constitution, statutory authority, and recent case law leads us to the same conclusions reached in the letter. MCMC may pay for recruitment of health care professionals and retention bonuses, so long as MCMC receives consideration for those payments. The Anti-Donation Clause of the New Mexico Constitution provides in part that, Neither the state nor any county, school district or municipality, except as otherwise provided in this constitution, shall directly or indirectly lend or pledge its credit or make any donation to or in aid of any person, association or public or private corporation.... N.M. Const. art. IX, § 14. The New Mexico Supreme Court in Village of Deming v. Hosdreg Co., 1956-NMSC-1 11, 62 N.M. 18, determined that donation under the Anti-Donation Clause has been applied its ordinary sense and meaning, as a 'gift,' an allocation or appropriation of something of value, without consideration to a person.... Id. 36. The courts are still using this definition of a donation. See, e.g., Moses v. Skandera, 2015-NMCA-036, 42, cert. granted, 2015-NMCERT-001 (No. 34,974, Jan. 26, 2015), State ex rel. Office of State Eng'r v. Lewis, 2007-NMCA-008, 49, 141 N.M. 1. P.O. Drawer 1508 Santa Fe, New Mexico 87504-1508 (505) 827-6000 Fax: (505) 827-5826 mnnm9.gov

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most