Current through Register Vol. 35, No. 18, September 24, 2024
A.
Applicability: Per diem rates shall be paid to public officers and
employees only in accordance with the provisions of this section. Per diem
rates shall be paid without regard to whether expenses are actually incurred.
Where lodging or meals are provided or paid for by the agency, the governing
body, or another entity, the public officer or employee is entitled to
reimbursement only for actual expenses under
2.42.2.9 NMAC.
B.
Per diem rate computation:
Except as provided in Subsections C through I of this section, per diem rates
for travel by public officers and employees shall be computed as follows:
(1)
Partial day per diem rate:
Public officers or employees who occasionally and irregularly travel shall be
reimbursed for travel which does not require overnight lodging, but extends
beyond a normal work day as published on the department of finance and
administration website on May 1 for the preceding fiscal year.
(2)
Overnight travel: Regardless
of the number of hours traveled, travel for public officers and employees where
overnight lodging is required shall be reimbursed as published on the
department of finance and administration website on May 1 for the preceding
fiscal year or actual lodging and meal expenses under
2.42.2.9 NMAC.
(3)
Return from overnight
travel: On the last day of travel when overnight lodging is no longer
required, partial day reimbursement shall be made. To calculate the number of
hours in the partial day, begin with the time the traveler initially departed.
Divide the number of hours traveled by 24. The hours remaining constitute the
partial day which shall be reimbursed as published on the department of finance
and administration website on May 1 for the preceding fiscal year.
(4)
Special area designations:
For all officers and employees, the in state special area shall be Santa Fe
county.
C.
Board,
commission and committee members: Non-salaried public officers may
receive per diem as follows:
(1)
Official board, commission and committee meetings:
(a)
State non-salaried public
officers: Non-salaried public officers of the state may elect to
receive:
(i) $95.00 if the officer physically
attends the meeting for four hours or more during a single calendar day;
or
(ii) $45.00 if the officer
physically attends the meeting for less than four hours or the officer attends
a virtual meeting of any duration during a single calendar day; or
(iii) per diem rates in accordance with
Subsection B of this section.
(b)
Local non-salaried public
officers: Non-salaried public officers of local public bodies may elect
to receive:
(i) $95.00 if the officer
physically attends the meeting for four hours or more during a single calendar
day; or
(ii) $45.00 if the officer
physically attends the meeting for less than four hours or the officer attends
a virtual meeting of any duration during a single calendar day; or
(iii) per diem rates in accordance with
Subsection B of this section provided that the local governing body has not
established a lesser rate.
(c)
Municipal non-salaried public
officers: Non-salaried public officers of municipalities may elect to
receive either:
(i) $95.00 if the officer
physically attends the meeting for four hours or more during a single calendar
day; or
(ii) $45.00 if the officer
physically attends the meeting for less than four hours or the officer attends
a virtual meeting of any duration during a single calendar day; or
(iii) per diem rates in accordance with
Subsection B of this section, provided that the board or commission meeting is
held outside of the municipal boundaries.
(2)
Other official meetings:
Non-salaried public officers may receive per diem rates for travel on official
business that does not constitute a board, advisory board, committee or
commission meeting only in accordance with Subsection B of this
section.
(3)
Members serving
in dual capacities: Non-salaried public officers who also serve as
public officers or employees of state agencies or local public bodies may
receive mileage or per diem rates from only one public entity for any travel or
meeting attended. Furthermore, non-salaried public officers who are also public
officers or employees may not receive per diem rates for attending meetings
held in the place of their home or at their designated posts of duty unless
they are on leave from their positions as public officers or employees. Local
public bodies may adopt regulations with respect to the receipt of per diem
rates by employees or officers of local public bodies who also serve on boards
or commissions subject to this rule.
D.
Temporary assignment: Public
officers and employees may be reassigned temporarily to another duty station.
(1)
Routine reassignment: Public
officers and employees subject to periodic reassignment of duty stations or
districts as a normal requirement of their employment will not be eligible for
per diem rates after the time of arrival at the new duty station or
district.
(2)
Non-routine
reassignment: Public officers or employees not normally subject to
periodic reassignments who are temporarily assigned to another office of a
state agency away from home will receive per diem for the first 30 calendar
days of their assignment only, unless approval of the secretary is given to
extend per diem payments upon showing that the assignment is necessary and
temporary. Except in such extraordinary circumstances, after 30 calendar days,
the place where the employee or officer is assigned will be regarded as the
designated post of duty.
E.
New Mexico department of
transportation: The New Mexico department of transportation may adopt
special policies pertaining to payment of per diem rates for temporary
assignments. Such policies shall be subject to the annual approval of the
secretary.
F.
Department of
public safety: The department of public safety may adopt special
policies pertaining to payment of per diem rates, mileage and subsistence
allowances authorized by law for commissioned officers. Such policies shall be
subject to the annual approval of the secretary.
G.
Travel for educational
purposes: A public officer or employee shall not be reimbursed for more
than 30 calendar days of per diem in any fiscal year for attending educational
or training programs unless approval has been obtained from the
secretary.
H.
Per diem in
conjunction with other leave: While traveling, if a public officer or
employee takes sick, annual or authorized leave without pay for more than four
hours of the normal work day, per diem shall not be allowed for that day unless
authorized in writing by the agency head.
I.
Illness or emergency: Agency
heads may grant permission, in writing, to pay per diem rates and travel
reimbursement to an employee or public officer who becomes ill or is notified
of a family emergency while traveling on official business and must either
remain away from home or discontinue the official business to return
home.