TITLE 2 PUBLIC FINANCE
CHAPTER 20 ACCOUNTING
BY GOVERNMENTAL ENTITIES
PART 2 EXECUTION OF CONTRACTS, VOUCHERS, PURCHASE
ORDERS AND OTHER
FINANCIAL
COMMITMENTS
2.20.2.1 ISSUING
AGENCY: Department of Finance and Administration.
[2.20.2.1 NMAC - Rp, 2 NMAC 20.2.1, 3/23/2021]
2.20.2.2 SCOPE: [RESERVED]
[2.20.2.2 NMAC - Rp, 2 NMAC 20.2.2., 3/23/2021]
2.20.2.3 STATUTORY
AUTHORITY: In order to ascertain the authority and
legality of contracts, purchase orders, vouchers, travel vouchers and other financial
commitments for departments and other state agencies, pursuant to Section 6-5-3
NMSA 1978, it is necessary to determine whether the person executing the
contract has been properly delegated the authority to bind the department or
state agency. In many instances there is
no clear statutory power granted to an officer to sign on behalf of an
agency. Generally the person who is
ultimately responsible for the administration of the law has the implied power
to execute legal documents for a state agency.
Generally the power to execute may be delegated; however, some laws may
require specific officers to execute contracts and vouchers on behalf of the
agency. In such cases, no delegation is
allowed by law.
[2.20.2.3 NMAC - Rp, 2 NMAC 20.2.3, 3/23/2021]
2.20.2.4 DURATION: Permanent.
[2.20.2.4 NMAC - Rp, 2 NMAC 20.2.4, 3/23/2021]
2.20.2.5 EFFECTIVE
DATE:
March 23, 2021, unless a later date is cited at the end of a section.
[2.20.2.5 NMAC - Rp, 2 NMAC 20.2.5, 3/23/2021]
2.20.2.6 OBJECTIVE: The various
acts creating departments pursuant to the Executive Reorganization Acts
generally provide that the secretary of the department is responsible to the
governor for the operation of the department and shall delegate authority to
subordinates as the secretary deems necessary and appropriate, clearly
delineating such delegated authority and the limitations thereto. It is the purpose of this rule to set forth
those individuals who may legally bind state agencies which must submit their
contracts or vouchers to the department of finance and administration.
[2.20.2.6 NMAC - Rp, 2 NMAC 20..2.6, 3/23/2021]
2.20.2.7 DEFINITIONS: As used in
this rule:
A. “Authorized
officer” means a public officer or employee who is required or permitted by
law or by lawful delegation of authority pursuant to this rule to sign
contracts, vouchers, purchase orders or other financial commitments on behalf
of a state agency.
B. “Contracts
officer” means an employee of the department of finance and administration
designated as contracts officer by the secretary of finance and administration.
C. “Facsimile signature” means a reproduction by engraving, imprinting,
stamping, or other means of the manual signature of the authorized officer.
D. “Signed”
or “executed” means affixed with any of the following:
(1) the
manual signature of an individual; and
(2) the
facsimile signature of an individual;
(3) the electronic signature of an individual procured through a
third-party document-signing service; or
(4) the
name of an individual, typewritten on the signature line of a document using
word processing software and accompanied with another writing confirming that
individual’s approval of such document, including without limitation an e-mail
to that effect.
E. “State
agency” means the state of New Mexico or any of its branches, agencies,
departments, boards, instrumentalities, or institutions required to submit
contracts or vouchers to the department of finance and administration for
approval.
[2.20.2.7 NMAC - Rp, 2 NMAC 20.2.7, 3/23/2021]
2.20.2.8 EXECUTION
OF CONTRACTS, VOUCHERS AND PURCHASE ORDERS - AUTHORIZED SIGNATURES:
A. The department of finance and
administration will not approve any contract, voucher, travel voucher, purchase
order or other financial commitment of any state agency required pursuant to
2.20.3 NMAC and 2.40.2 NMAC, to submit its voucher or contract to the
department for approval unless the contract, voucher, travel voucher, purchase
order or other financial commitment has been executed by an authorized officer
of the agency.
B. The authority to execute contracts,
vouchers, purchase orders, travel vouchers or other financial commitments may
be delegated unless provided otherwise by law to any officer or employee of the
state agency, but such delegation shall:
(1) be in
writing;
(2) state
whether the delegated power may be subdelegated to
another officer or employee of the state agency;
(3) automatically
terminate on whichever date occurs earliest;
(a) the date the term of office of the delegating secretary or
other chief financial officer ends; or
(b) annually on June 30; and
(4) be on file
with the contracts officer of the department of finance and administration (for
contracts); and
(5) be on file
with the financial control division of the department of finance and
administration.
C. A written delegation of authority to
execute contracts, vouchers, travel vouchers, purchase orders or other
financial commitments may contain such limitations or conditions as the
delegating authorized officer may deem appropriate.
D. No authorized officer shall delegate
to any other person authority to sign the authorized officer’s signature.
E. Nothing in this rule shall prevent
the use of facsimile, printed or typed signature of the secretary or chief
financial officer on a copy of a contract, voucher, travel voucher, purchase
order or other financial commitment.
[2.20.2.8 NMAC - Rp, 2 NMAC 20.2.8, 3/23/2021]
2.20.2.9 SIGNATURES
REQUIRED: The two copies of every contract, voucher, travel
voucher, purchase order or other financial commitment required to be submitted
to the department shall be signed by an authorized officer. The department will retain at least one
signed copy of every contract, voucher, travel voucher, purchase order or other
financial commitment. Alternatively,
agencies may submit a single electronic version, in portable document format
(PDF) or a comparable format and in such a manner as the department may direct,
of an executed contract, voucher, travel voucher, purchase order or other
financial commitment required to be submitted to the department.
[2.20.2.9 NMAC - Rp, 2 NMAC 20.2.9, 3/23/2021]
2.20.2.10 AUTHORIZED
OFFICERS - DELEGATION:
A. The following public officers are
authorized to execute contracts, vouchers, purchase orders and other financial
commitments on behalf of the state agency under their control or
supervision. Signatures must be on file
at the financial control division of the department of finance and
administration.
STATE AGENCY OFFICER
AUTHORIZED
office of the
governor
governor
office of the
lieutenant governor lieutenant
governor
office of the
attorney general
attorney general
secretary of
state
secretary of state
state
auditor
state auditor
public
regulation commission commission
state fire
marshal
state
fire marshal
transportation
department
director
office of the
superintendent of insurance superintendent of insurance
state land
office land commissioner
state
treasurer
state treasurer
department of
agriculture
secretary of department
N.M. livestock board
executive director
corrections
department
secretary of department
children,
youth and families dept. secretary of department
public
defender department
director
juvenile
parole board
board
adult parole
board
board
economic
development department secretary of
department
state fair
commission commission
state racing
commission
commission
energy,
minerals and natural resources dept. secretary
of department
state game
commission commission
department of
game and fish
director
department of
finance and administration
secretary of department
general
services department
secretary of department
state
personnel board
director
state
personnel office director
department of
health secretary of
department
department of
environment secretary of
department
transportation
department
secretary of department
human
services department
secretary of department
commission on
the status of women commission
department of
workforce solutions secretary of
department
department of
public safety
secretary of department
taxation and
revenue department secretary of
department
commission
for the blind
commission
crime
stoppers commission commission
crime victims
reparation commission commission
public
education department
secretary of department
division of
vocational rehabilitation director
state investment council
state investment officer
department of
military affairs
adjutant general
state
commission of public records state records administrator
regulation
and licensing department superintendent
interstate
stream commission commission
office of the
state engineer
state engineer
institutions
of higher education boards
of regents or controllers
miners
hospital
board
department of
cultural affairs secretary
of department
office of african american affairs executive
director
tourism
department secretary
of department
indian
affairs department secretary
of department
veterans’
services department secretary
of department
aging and
long-term services department secretary
of department
public
education commission commission
higher
education department secretary of department
department of
information technology secretary
of department
homeland
security and emergency
management department secretary
of department
state ethics
commission commission
early
childhood education and care department secretary
of department
all executive
departments not otherwise listed secretary
of department
all
commissions commission
all boards board
all other
state agencies not otherwise listed as
provided by applicable law, regulation, or governance documents
LEGISLATIVE BRANCH
legislative
council service
director
legislative
finance committee committee
legislative
school study committee chairman of
committee
all other
vouchers
director
JUDICIAL BRANCH
supreme
court
chief justice
compilation
commission
secretary of commission
building
commission
commission
director,
administrative office of courts supreme court
court of
appeals
chief
Judge
district
courts
presiding judge
magistrate
courts
director, administrative office of the courts
district
attorneys
district attorney
judicial
standards commission
executive director
judicial
council
council
B. If the authorized officer set forth
in Subsection A of this section is a board or commission, the power to execute
contracts, vouchers, purchase orders or other financial commitments may be
delegated by a majority of a quorum of the board or commission acting in
accordance with the provisions of law.
[2.20.2.10 NMAC - Rp, 2 NMAC 20.2.10, 3/23/2021]
HISTORY OF 2.20.2 NMAC:
Pre-NMAC History: The material in this part was derived from
that previously filed with the State Records Center and Archives:
DFA 78-5 Execution of
Contracts, Vouchers, Purchase Orders and Other Financial Commitments,
6/30/1978.
DFA 78-5, Amendment No. 1,
12/20/1989.
History of Repealed Material: 2.20.2 NMAC,
Execution of Contracts, Vouchers, Purchase Orders and Other Financial
Commitments, repealed to amend as emergency Sections 7 and 9, effective August
25, 2020.
2 NMAC 20.2 - Execution of
Contracts, Vouchers, Purchase Orders and Other Financial Commitments (Recompiled
10/1/2001) Repealed 3/23/2021.
NMAC History: 2
NMAC 20.2 - Execution of Contracts, Vouchers, Purchase Orders and Other
Financial Commitments (Recompiled 10/1/2001) was replaced by 2.20.2 NMAC - Execution of Contracts, Vouchers, Purchase Orders and
Other Financial Commitments (Recompiled 10/1/2001), effective 3/23/2021.