Is the sheriff considered an employee of Dona Aa County?

Would Kim Stewart, the Democratic nominee for sheriff in Doña Ana County, be considered a county employee if she wins the general election in the fall?

ABC-7 obtained the 2016 whistleblower lawsuit settlement between Stewart and the county.

In the body of that agreement, it says Stewart agreed not to seek re-employment with Dona Ana County as part of her $1.5 million settlement.

If she wins the election and becomes sheriff, would that violate her settlement?

“Elected officials are not employees of the county,” Stewart said.

Stewart won the Democratic nomination for sheriff, beating incumbent Kiki Vigil on Tuesday.

She said they may get employee benefits in elected office but ultimately they are employed by the taxpayers. They are employed by the taxpayers and not the county, she said.

Stewart said her run for office is completely valid and does not violate her settlement.

“When I go into that office, it will be because the people voted me in there,” Stewart said.

“This isn’t going to be an interview with two or three supervisors of the county, deciding whether I’m going to be the sheriff,” she said.

“This is the vote of the county constituents who believe I’m the right person for that position, so in that sense, I think you’ve said that very well. They are my employer,” Stewart said.

A wide range of organizations — the county, the New Mexico Municipal League, the New Mexico Association of Counties — were unable to give a definitive “yes” or “no” on whether the sheriff is an employee of the county.

Neither could the New Mexico attorney general’s office.

Stewart’s attorney, Brett Duke, said: Running for public office and being elected is not the same thing as seeking re-employment.