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2019 Op. N.M. Att'y Gen. 1 (2019)

handle is hein.sag/sagnm0098 and id is 1 raw text is: STATE OF NEW MEXICO OFFICE OF THE ATTORNEY GENERAL HECTOR H. BALDERAS ATTORNEY GENERAL January 14, 2019 The Honorable Rafil Torrez District Attorney Office of the District Attorney Second Judicial District 5100 Lomas Blvd., NW Albuquerque, NM 87102 Re: Opinion Request - Use of Funds and Services Received from Third Parties Dear District Attorney Torrez, You have requested an Attorney General opinion regarding the ability of the Second Judicial District Attorney's Office (the Office) to accept and use funds and services donated to the Office from outside sources. More specifically, you have asked whether: (1) the Office may treat funds received from third parties as other state funds for the purpose of requesting a budget adjustment, as contemplated by House Appropriations and Finance Committee Substitute for House Bill 2 and 3 (the General Appropriations Act of 2018 or the Act), and (2) the Office may be the beneficiary of goods, services or other in-kind benefits provided by private individuals and organizations. As explained in more detail below, we conclude that monetary donations may constitute other state funds for the purpose of seeking a budget adjustment authorized by the Act, provided those funds are paid into the state treasury. We further conclude that the Office may accept gifts or donations of goods, services or other in-kind benefits for use in conducting its official duties, provided the Office does so consistent with conflict of interest principles and applicable state laws. 1. Monetary Donations as Other State Funds As a preliminary matter, the Attorney General previously has opined that the legislature has exclusive powers under the constitution to appropriate money and specify the purpose for which appropriated money is to be spent. N.M. Att'y Gen. Op. No. 07-06 (2007) (AG Op. No. 07-06). Moreover, legislative control over money donated or contributed to the Office is ensured by statutes governing public money, which provide, with certain exceptions, that: All public money in the custody or under the control of any state official or agency obtained or received by any official or agency from any source ... shall be paid into the state treasury. It is the duty of every official or person in charge of any state TOLL FREE 1-844 255 9210 TELEPHONE: (505)490-4060 FAX: (505)490-4883 www.nmag gov MAILING ADDRESS: P.O. DRAWER 1508 SANTA FE, NEW MEXICO 87504 1508 STREET ADDRESS: 408 GALISTEO STREET SANTA FE, NEW MEXICO 87501

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