[Adopted 9-9-2009 by Res. No. 2009-85]
This policy applies to Doña Ana County departments with respect to acceptance of credit/debit cards and electronic fund transfers for payments made by the public.
NMSA § 6-10-1.2 allows a local governing body to accept payment by credit card or electronic means of any amount due under any law or program administered by a department of the local governing body. The local governing body shall adopt procedures, subject to the approval of the Department of Finance and Administration, on the terms and conditions of accepting payments by credit card or electronic transfer.
This policy shall take effect on September 14, 2009.
As used in this article, the following terms shall have the meanings indicated:
BOARD
The Board of County Commissioners of Doña Ana County.
CONVENIENCE FEE
Any fee charged by a bank, credit card company or third-party processor associated with the credit/debit card or e-check transaction.
CREDIT/DEBIT CARD or E-CHECK
A card, code, or other means of access to a consumer's account for the purpose of initiating electronic fund transfers when the person to whom such card or other means of access was issued has requested and received or has signed or has used, or authorized another to use, such card or other means of access for the purpose of transferring money between accounts. Cards must be authorized and accepted by the third-party processor per the County's agreement with the third-party processor pursuant to the current contract between the third-party processor and the County.
DEPARTMENT
Any department within Doña Ana County government.
A. 
Credit/Debit card services will be provided through the County's fiscal agent, subject to the terms and conditions as set out in the fiscal agent agreement and the Board's agreements with the individual credit card companies or through the Board's agreements with a third-party payment processor.
B. 
Departments requesting credit/debit card acceptance shall submit to the County Manager a written notification that contains the following:
(1) 
Reason for credit/debit card services.
(2) 
Confirmation that the department has read and will follow the terms and conditions for credit/debit card acceptance as set out in the agreements with the individual credit card companies or a third-party payment processor.
(3) 
Confirmation that the department will pass on to the customer all costs associated with the acceptance of credit/debit card services and e-checks, including purchases or leases of merchant equipment, as set out in the agreements with the individual credit card companies or a third-party payment processor.
(4) 
Procedures used to charge and collect fees from the customer.
C. 
Each department is responsible for tracking, researching and recording all credit/debit card transactions for reconciliation purposes.
D. 
Acceptance of credit/debit cards and e-checks from the Internet shall be done in a secure fashion and on a secure system.
E. 
The Board may, at any time, deny acceptance of credit/debit cards by a department through the agreements with the individual credit card companies or a third-party payment processor. The reasons for the denial may include, but are not limited to, the following:
(1) 
Cost effectiveness.
(2) 
Illegal or misuse of credit/debit card transactions.
(3) 
Failure to adhere to the terms and conditions of these regulations, the agreements with the individual credit card companies or a third-party payment processor.
A. 
Internet payments.
(1) 
The third-party processor will provide a visually integrated web environment to facilitate web-based payments in both English and Spanish. Customers who elect to make payments via the web will be able to access the payment page via a link on the County website.
(2) 
Customers will be asked for an identification number which will be used to retrieve the customer's billing information. Customers will provide payment details for making an online credit/debit card or electronic check payment.
(3) 
Customers will be asked to make a binding and easily auditable acknowledgement of the "convenience fee" which will be calculated after the customer enters the amount he/she intends to pay. Customers may terminate the transaction at any time prior to processing the transaction. The last step of a transaction will generate a receipt for display and printing.
B. 
Over-the-counter payments.
(1) 
County employees shall access the web-based application and enter the customers' payment information. Magstripe readers (credit card swipe machines) shall be used for each over-the-counter transaction.
(2) 
The "convenience fee" shall be calculated after the payment amount has been entered. A receipt shall be generated reflecting the payment and the convenience fee.
C. 
Reports and files.
(1) 
Real-time reports shall be accessible at any time using a secure, password-protected website. A daily payment file and online reports shall be available for download in Excel and CSV formats.
(2) 
Reports shall be generated by each department for daily reconciliations.
D. 
Availability of funds to the County. Payments may be made via Internet up until 11:59 p.m. each day, subject to Internet capacity. All funds from these payments will be electronically deposited in the Doña Ana County checking account the second morning after the payments have been made. For example, payments made through Monday evening will be deposited on Wednesday morning. The time and date of payment shall be deemed to be the actual time the customer performs the transaction regardless of when the funds are deposited in the County's checking account.