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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