Auditor deems N.M. staff payments violate state constitution

The state auditor has warned the Legislature a plan to pay $300 to legislative staffers who worked in the Capitol this year is unconstitutional.

State Auditor Brian Colón said his office told the Legislature the state constitution prohibits giving extra compensation to a public servant after services are rendered, the Albuquerque Journal reported.

“I’ve got to hold everybody accountable when it comes to the law,” Colón said, noting auditors have warned other public bodies that payments would violate the state constitution.

The warning was in response to legislation passed in this year’s 60-day session that calls for a one-time $300 “compensation adjustment” for employees working in the Capitol during the coronavirus pandemic. The bill is set to take effect later this month, and up to $165,000 would be paid out after that.

Legislative Council Service Director Raúl Burciaga said he is unable to halt the payments because the legislation was passed by lawmakers and signed into law by Democratic Gov. Michelle Lujan Grisham.

Democratic state Sen. George Muñoz, who is also chairman of the Senate Finance Committee, said the legislation was intended as a gesture of thanks to staff members and not a violation of law.

The provision at issue prohibits enacting a law “giving any extra compensation to any public officer, servant, agent or contractor after services are rendered or contract made.” However, the state constitution does not prohibit providing extra pay for current work.