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2010 New Mexico Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagnm0014 and id is 1 raw text is: Attorney General of New Mexico
GARY K. KING                                                   ALBERT J. LAMA
Attorney General                                          Chief Deputy Attorney General
December 1, 2010
District Attorney Mary Lynne Newell
Sixth Judicial District
Grant County Courthouse
P.O. Box 1025
Silver City, New Mexico 88062-1025
Re:   Opinion Request - County Contracts for Professional Services
Dear District Attorney Newell:
You have requested our opinion on the following matters:
(1)       May a County enter into a contract for professional services which provides
for a multi year term with automatic renewal?
(2)       May a County enter into a contract for professional services where, if the
contractor terminates or is terminated for any reason (except a felony), or the
contract is not renewed, the contractor will receive the balance of the pay for
the contract term and/or further severance pay to the equivalent of an
additional 6, 12, or 18 months' worth of pay?
(3)       May a County enter into a contract for professional services where the
contractor is provided full time use of a county vehicle, office facilities,
supplies, services and administrative report?
(4)       May a County enter into a contract for professional services where the
County pays the employer's portion of health insurance premiums, allows for
paid personal time off, and commits the County to pay its share of an
additional 12 months of health insurance after termination?
(5)       If the County through its Commission, or through another contracted
employee with similar terms as the contract of the employee in question
makes such contracts and they are improper , what are the remedies and time
limits appropriate for this, whether or not the contract is still in place?

P.O. Dt-awer 1508  Santa Fe, New Mexico 87504- 1508  (505) 827-6000  www.niagsov

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