You are here: Home Internal Audit Activity Fund Manual Chapter III - Expenditures Payments to APS Employees

Payments to APS Employees

General Rules and Regulations

“A member of the state board, a member of a local school board, the state superintendent, an employee of the Department of Education, a certified school instructor or a certified school administrator shall not, directly or indirectly, sell or be a party to any transaction to sell any instructional materials, furniture, equipment, insurance, school supplies or work under contract to the Department of Education, school district or public schools with which he/she is associated or employed. Nor shall any such person receive any commission or profit from the sale or any transaction to sell.......”  (22-21-1A NMSA 1978 Compilation as amended).

“..........The provisions of this section shall not apply in cases in which certified school instructors or certified school administrators contract to perform special services with the Department of Education, school district or public school with which he/she is associated or employed during time periods wherein service is not required under a contract for instruction or administration.”  (This paragraph covers the hiring of athletic officials.)  (22-21-1B N.M.S.A., 1978 Compilation as amended.)

“.........Any person violating any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.”

No violation of this section would result where the contract is truly with the spouse only, in the regular course of his/her business, and the employee has no personal interest, pecuniary or otherwise, in the contract.  (1971 Op. Atty Gen. No. 71-36.)

Employee must comply with State law 22-21-1A and 22-21-1B N.M.S.A., 1978 Compilation, as amended, as previously stated above.

Reimbursement to APS Employee

Activity funds may be used to reimburse school personnel for purchases previously approved by a purchase order and paid for by the employee.  An example of an allowed reimbursement is as follows:

  1. The purchase order is issued to the employee and the dollar limit is established (i.e., not to exceed $20.00).
  2. The employee is then allowed to shop for the best price at various vendors.
  3. The employee will sign the receiver information and turn in all vendor receipts, invoices, etc.
  4. The voucher and check are then written for the total amount of the vendor invoices, excluding any tax amounts paid, and not exceeding the limit established by the principal. The check is made payable to the employee.
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