reglab/housing_qa huggingface dataset:
NM Stat § 10-9-12 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-12 - Director duties.

The director shall: A. supervise all administrative and technical personnel activities of the state; B. act as secretary to the board; C. establish, maintain and publish annually a roster of all employees of the state, showing for each employee his division, title, pay rate and other pertinent data; D. make annual reports to the board; E. recommend to the board rules he considers necessary or desirable to effectuate the Personnel Act; and F. supervise all tests and prepare lists of persons passing them to submit to prospective employers. History: 1953 Comp., § 5-4-35, enacted by Laws 1961, ch. 240, § 8; 1967, ch. 181, § 4. ANNOTATIONSState law designates the position of personnel director to be a major advisory position. Perez v. N.M. Dep't of Workforce Solutions, 2014-NMCA-035. Personnel director was not entitled to unemployment compensation. — Where petitioner, who was terminated from petitioner's position as personnel director, sought unemployment compensation; and pursuant to the Personnel Act, the personnel director is the administrative director of a governmental office in charge of Personnel Act matters throughout the entirety of state government, must supervise and advise other employees, agencies, departments, divisions, bureaus, sections, boards and commissions in regard to personnel issues and problems, and must recommend and advise the entity responsible for adopting rules for administration of the Personnel Act, petitioner was not entitled to unemployment compensation because the position of personnel director is designated pursuant to state law as a major advisory position which is subject to the exclusion in 51-1-44(A)(5)(a) NMSA 1978. Perez v. N.M. Dep't of Workforce Solutions, 2014-NMCA-035. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 197.
NM Stat § 10-9-13.1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-13.1 - Legislative finding; purpose of act.

The legislature finds that residents of the state are a valuable resource in state employment because of their dedication and commitment to the state they live in. Therefore, the purpose of this act [10-9-13, 10-9-13.1 NMSA 1978] is to encourage residents to remain in the state rather than moving out of state because of unsatisfactory employment opportunities in New Mexico. History: Laws 1983, ch. 28, § 1.
NM Stat § 10-9-13.2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-13.2 - Veteran's preference.

A. In establishing the list of eligibles for appointment, the board shall provide preference points for veterans honorably discharged from the armed forces of the United States. Veterans with a service-connected disability shall be awarded ten points over and above their regular test scores. Veterans without a service-connected disability shall be awarded five points over and above their regular test scores. B. The board shall determine the rank on any employment list by adding the points to the veteran's final passing grade on the examination after the veteran has submitted proof of having status as a veteran at the time of application for employment with a state agency. In the case of a veteran having a service-connected disability, the veteran shall provide proof of a service-connected disability in the form of a certification by the federal veterans' administration. A veteran with or without a service-connected disability shall have his name placed on the list in accordance with the numerical rating of other veterans and nonveterans. History: Laws 1989, ch. 43, § 1 and Laws 1989, ch. 284, § 1. ANNOTATIONSCross references. — For act's purpose of encouraging residents to remain in state because of favorable employment opportunities, see 10-9-13.1 NMSA 1978. For reemployment of person in armed forces, see 28-15-1 NMSA 1978. Compiler's notes. — Laws 1989, ch. 43, § 1 and Laws 1989, ch. 284, § 1 enacted virtually identical versions of this section. Subsection A was identical in both versions, but Subsection B in the Laws 1989, ch. 43, § 1 version read "The board shall determine the rank on any employment list by adding the points to the veteran's final passing grade on the examination after the veteran has submitted proof of having status as a veteran at the time of application for employment with a state agency. In the case of having a service-connected disability, the veteran shall provide proof of a service-connected disability in the form of a certification by the United States veterans' administration. A veteran in both five and ten point categories shall have his name placed on the list in accordance with the numerical rating of other veterans and nonveterans." The section was set out as enacted by Laws 1989, ch. 284, § 1. See 12-1-8 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employers §§ 37 to 39.
NM Stat § 10-9-14 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-14 - Blind not barred from competitive examination; method of testing.

A. No agency or officer of the state or any of its political subdivisions shall prohibit, prevent, disqualify or discriminate against any blind person, otherwise qualified, from registering, taking or competing in a competitive entrance or promotion test for any position for which the blind person makes application. B. The state personnel board and all political subdivisions of the state which require competitive or promotion tests for any position shall provide an adequate and equal test by an appropriate method for any blind person requesting such a test at the time of submitting his application. History: 1953 Comp., § 5-4-36.1, enacted by Laws 1967, ch. 71, § 1. ANNOTATIONSCross references. — For definition of "agency", see 10-9-3 NMSA 1978. For the Handicapped Employment Act, see 28-10-9 NMSA 1978 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 15, 16, 60, 61; 81A C.J.S. States § 86.
NM Stat § 10-9-15 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-15 - Duties of state officers and employers.

All officers and employers of the state shall comply with the Personnel Act. All employers shall hire employees only from employment lists of applicants who meet prescribed minimum requirements and have passed the prescribed tests, provided by the director. All officers and employers shall furnish any records or information which the director or the board requests. History: 1953 Comp., § 5-4-37, enacted by Laws 1961, ch. 240, § 10. ANNOTATIONSCross references. — For definition of "employer", see 10-9-3 NMSA 1978. Employees in journeyman occupations must obtain certificate of competency. — The Personnel Act does not exempt state employees in journeyman occupations from obtaining a certificate of competency. 1981 Op. Att'y Gen. No. 81-11. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 197.
NM Stat § 10-9-16 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-16 - Status of present employees.

All employees of the state holding positions brought into the classified service by the Personnel Act shall be continued in their positions and become regular employees without original examinations, if they have held the position for at least one year immediately prior to the effective date of the Personnel Act. All other employees of the state holding positions brought into the service by the Personnel Act shall be continued in their positions as probationers until they have, not later than one year from the effective date of the Personnel Act, taken and passed a qualifying test prescribed by the director for the position held. An employee who fails to qualify shall be dismissed within thirty days after the establishment of an employment or promotion list for his position. Nothing in the Personnel Act shall preclude the reclassification or reallocation of any position held by an incumbent. This section shall not apply to employees of the grant-in-aid agencies whose status as employees or probationers shall be recognized under rules to be promulgated by the board. History: 1953 Comp., § 5-4-38, enacted by Laws 1961, ch. 240, § 11. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 60, 61, 64.
NM Stat § 10-9-17 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-17 - Certification of payroll.

No person shall make or approve payment for personnel services to any person in the service, unless the payroll voucher or account of the pay is certified by the director that the person being paid was employed in accordance with the Personnel Act. History: 1953 Comp., § 5-4-39, enacted by Laws 1961, ch. 240, § 12. ANNOTATIONSOnly concern of personnel department (personnel director) under this section is to certify whether the person shown on a payroll voucher is employed in accordance with the Personnel Act, and this would involve such matters as eligibility for the particular covered position at the particular salary shown on the payroll voucher. 1963 Op. Att'y Gen. No. 63-105. Certification authority applies only to positions covered under Personnel Act. 1963 Op. Att'y Gen. No. 63-105. The status and compensation of unclassified (exempt) employees is of no concern to the personnel department (personnel director), as its statutory authority is limited to the "service" defined in Subsection C of Section 10-9-3 NMSA 1978. 1963 Op. Att'y Gen. No. 63-105. Department of finance and administration corrects computation errors. — If an objection of the personnel office (personnel director) to a payroll voucher goes to errors in computation or something of like nature, it is for the department of finance and administration to see that such errors are corrected. 1963 Op. Att'y Gen. No. 63-105. Exemption questions determined by attorney general. — The department of finance and administration is to honor a payroll voucher so long as it meets that department's requirements, but if the personnel department is of the opinion that a position is not exempt from coverage under the Personnel Act, a legal question involving statutory interpretation arises, and the matter should be referred to the office of the attorney general for determination. 1963 Op. Att'y Gen. No. 63-105. Employing agency's determination of exemption prima facie correct. — When an employing agency employs a person to hold a position which is exempt from coverage under the Personnel Act and so notifies the personnel department (personnel director), the determination by the employing agency is to be considered as prima facie correct. 1963 Op. Att'y Gen. No. 63-105. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 238; 81A C.J.S. States § 86.
NM Stat § 10-9-19 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-19 - Reduction in force.

Whenever an employee is terminated by an employer in a reduction in force by the employer, the terminated employee shall be rehired by that employer if the same or a comparable position becomes available in an increase of force within six months after the termination. History: 1953 Comp., § 5-4-40.1, enacted by Laws 1963, ch. 200, § 7. ANNOTATIONSAuthority to terminate. — Section 10-9-19 NMSA 1978, by providing rehire rights to employees "terminated by an employer in a reduction in force", implicitly authorizes a state agency or department to terminate an employee due to an authorized reduction in force. Cibas v. N.M. Energy, Minerals & Natural Resources Dep't, 1995-NMCA-046, 120 N.M. 127, 898 P.2d 1265. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 115.
NM Stat § 10-9-20 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-20 - Oaths; testimony; records; refusal.

The board has the power to administer oaths, subpoena witnesses and compel the production of books and papers pertinent to any investigation or hearing authorized by the Personnel Act. Refusal to testify before the board on matters pertaining to personnel is grounds for dismissal from the service. History: 1953 Comp., § 5-4-41, enacted by Laws 1961, ch. 240, § 14. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 73 C.J.S. Public Administrative Law and Procedure §§ 76 to 86.
NM Stat § 10-9-22 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-22 - Unlawful acts prohibited.

It is unlawful to: A. make any false statement, certificate, mark or rating with regard to any test, certification or appointment made under the Personnel Act; B. directly or indirectly give, pay, offer, solicit or accept any money or other valuable consideration or secure or furnish any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the service. History: 1953 Comp., § 5-4-43, enacted by Laws 1961, ch. 240, § 16. ANNOTATIONSCross references. — For employer immunity from liability for references on former employees, see 50-12-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 255, 257, 258.
NM Stat § 10-9-23 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-23 - Penalties.

Any person wilfully violating any provision of the Personnel Act or the rules of the board is guilty of a misdemeanor. In addition to the criminal penalties, a person found guilty of a misdemeanor under the Personnel Act is ineligible for appointment to or employment in a position in the service, and forfeits his office or position. History: 1953 Comp., § 5-4-44, enacted by Laws 1961, ch. 240, § 17. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 22, 135 to 136, 255, 257, 258.
NM Stat § 10-9-24 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-24 - Existing rules.

Existing personnel rules, policies and pay plans for employees of the state shall govern until new rules, policies and pay plans are established under the Personnel Act. History: 1953 Comp., § 5-4-45, enacted by Laws 1961, ch. 240, § 18.
NM Stat § 10-9-25 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 9 - Personnel|Section 10-9-25 - Federal funds and assistance.

When the provisions of any laws of the United States, or any rule, order, or regulation of any federal agency or authority providing federal funds for use in New Mexico, either directly or indirectly or as a grant-in-aid, to be matched or otherwise, impose as a condition for the receipt of such funds, other or higher personnel standards or different classifications than are provided for by the Personnel Act, the board has the authority and is directed to adopt rules and regulations to meet the requirements of such law, rule, order or regulation. History: 1953 Comp., § 5-4-46, enacted by Laws 1961, ch. 240, § 19.
NM Stat § 10-10-1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 10 - State Government Internship Program|Section 10-10-1 - Creation of state government internship program.

There is established under the personnel board the office of inter-university and college training, to administer a program for securing, placing and training qualified university and college students who are New Mexico residents in positions within the state government. History: 1953 Comp., § 5-8-1, enacted by Laws 1959, ch. 73, § 1; 1967, ch. 54, § 1; 1975, ch. 85, § 1. ANNOTATIONSCross references. — For personnel board, see 10-9-8 NMSA 1978.
NM Stat § 10-10-2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 10 - State Government Internship Program|Section 10-10-2 - Purposes.

The purposes of this act [10-10-1 to 10-10-5 NMSA 1978] are: A. to secure and to channel selected college students into positions within the state government; B. to aid in the process of coordinating the various institutions of higher learning of the state with the state government; C. to stimulate the various state agencies and offices to improve their services and functions; D. to formulate recommendations concerning personnel administration and other programs affecting state personnel. History: 1953 Comp., § 5-8-2, enacted by Laws 1959, ch. 73, § 2.
NM Stat § 10-10-3 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 10 - State Government Internship Program|Section 10-10-3 - Director of inter-university training program.

The inter-university training program shall be headed by the personnel director. History: 1953 Comp., § 5-8-3, enacted by Laws 1959, ch. 73, § 3; 1963, ch. 124, § 1; 1967, ch. 54, § 2; 1975, ch. 85, § 2.
NM Stat § 10-10-4 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 10 - State Government Internship Program|Section 10-10-4 - Duties of director.

The duties of the personnel director are: A. with the approval of the personnel board, to establish regulations regarding qualifications, procedures for applying for internships, and related matters; B. to select and place especially talented university or college students, or graduates, as interns in state government; C. to provide orientation and training programs for student interns to prepare them for a career in state government; D. to coordinate the activities of the intern personnel and the various state agencies to obtain the maximum benefits for both the state and the agency personnel; and E. to submit to the personnel board, the governor and the legislature recommendations concerning the intern program. History: 1953 Comp., § 5-8-4, enacted by Laws 1959, ch. 73, § 4; 1967, ch. 54, § 3; 1975, ch. 85, § 3. ANNOTATIONSCross references. — For personnel board, see 10-9-8 NMSA 1978. For personnel board of the office of inter-university and college training, see 10-10-1 NMSA 1978.
NM Stat § 10-10-5 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 10 - State Government Internship Program|Section 10-10-5 - Employment of intern personnel.

A. Every employing office or agency of the state hiring a student or graduate under the inter-university and college program shall be free to employ intern personnel under conditions and salary provisions determined by the employing office or agency. The employing office or agency or the director of inter-university training, with the consent of the employing office or agency, shall have the right to discharge any intern with one week advance notice. B. The employing office or agency shall cooperate with the personnel director and release intern personnel to participate in orientation or training programs where the employing office or agency head determines that the programs are beneficial and within the functions of the participating state employer. Participation by intern personnel in orientation or training programs in connection with their state employment, when approved by the employing office or agency head, shall be compensated as regular employment. C. At each college or university in the state which desires to participate in the state government internship program, the president or other chief executive officer shall appoint an intern advisor who will serve as a liaison between the personnel director, the university or college, and the students. The intern advisor shall assist the personnel director in recruiting and selecting students for the program. History: 1953 Comp., § 5-8-5, enacted by Laws 1959, ch. 73, § 5; 1967, ch. 54, § 4; 1975, ch. 85, § 4.
NM Stat § 10-11-1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-1 - Short title.

Chapter 10, Article 11 NMSA 1978 may be cited as the "Public Employees Retirement Act". History: Laws 1987, ch. 253, § 1. ANNOTATIONSRepeals and reenactments. — Laws 1987, Chapter 253 repealed former 10-11-1 NMSA 1978, as amended by Laws 1985 (1st S.S.), ch. 10, § 1, relating to definitions, and enacted the above section, effective July 1, 1987. Compiler's notes. — Laws 1987, ch. 59 purported to amend this section, but was not published because of the repeal and reenactment by Laws 1987, ch. 253. See 12-1-8 NMSA 1978. Recovery of worker's compensation benefits and benefits under this article. — A worker is not precluded from recovering benefits under both the Public Employees' Retirement Act and the Workers' Compensation Act. Montney v. State ex rel. State Highway Dep't, 1989-NMCA-002, 108 N.M. 326, 772 P.2d 360. Legislative retirement provisions unconstitutional. — The legislative retirement provisions of the Public Employees' Retirement Act, Chapter 10, Article 11 NMSA 1978, are unconstitutional, invalid and unenforceable: Legislators may receive only per diem and mileage under N.M. Const., art. IV, § 10. 1987 Op. Att'y Gen. No. 87-62. Law reviews. — For note and comment: "For This Right There is a Remedy: The New Mexico Supreme Court's Application of Ex Parte Young to Allow Suits Against the State in Gill v. Public Employees Retirement Board", see 35 N.M.L. Rev. 501 (2005). Am. Jur. 2d, A.L.R. and C.J.S. references. — 60A Am. Jur. 2d Pensions and Retirement Funds §§ 85, 1603 to 1737. Employer's liability, under state law, for fraud or misrepresentation inducing employee to take early retirement, 14 A.L.R.5th 537. Construction and application of Employee Retirement Income Security Act of 1974 (29 USCA §§ 1001 et seq.) by United States Supreme Court, 150 A.L.R. Fed. 441. 67 C.J.S. Officers and Public Employees §§ 243 to 249; 70 C.J.S. Pensions and Retirement Plans and Benefits §§ 1 to 6, 19 to 110; 81 A C.J.S. States §§ 112 to 119.
NM Stat § 10-11-2.1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-2.1 - Definitions.

As used in Chapter 10, Article 11 NMSA 1978, with reference to the public employees retirement association, "executive secretary" means "executive director". History: 1978 Comp., § 10-11-2.1, enacted by Laws 1997, ch. 189, § 1.
NM Stat § 10-11-2.2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-2.2 - Additional definition; state legislator member.

As used in the Public Employees Retirement Act, "state legislator member" means a person who is currently serving or who has served as a state legislator or lieutenant governor and who has elected to participate in a state legislator member retirement plan. A former state legislator or former lieutenant governor may be a state legislator member whether or not currently receiving a pension under a state legislator member coverage plan. History: Laws 2004, ch. 68, § 1. ANNOTATIONSEmergency clauses. — Laws 2004, ch. 68, § 6 contained an emergency clause and was approved March 4, 2004.
NM Stat § 10-11-4.1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-4.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1987, ch. 253, § 140, repealed 10-11-4.1 NMSA 1978, as amended by Laws 1977, ch. 247, § 48, relating to authorization to build and rent building, effective July 1, 1987.