reglab/housing_qa huggingface dataset:
NM Stat § 10-5-8 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 5 - Suspension of Certain Officials|Section 10-5-8 - Control of office; bond of agent in charge; discretionary reinstatement; institution of removal proceedings.

Whenever the secretary of finance and administration assumes control of any office as hereinabove provided, the secretary may assign any employee of the department of finance and administration to perform the duties of the official suspended by the secretary. The secretary of finance and administration may reinstate a suspended official of any local public body whenever the suspended official has made a proper showing satisfactory to the secretary that he is able and willing to conduct his office as provided by law, and that no loss will be suffered by the local public body. In all cases where there shall be grounds for removal of such official, the secretary of finance and administration may cause removal proceedings to be instituted and prosecuted by the attorney general or district attorney, in the manner now provided by law for the institution and prosecution of such proceedings by the district attorney. History: 1953 Comp., § 5-3-37.8, enacted by Laws 1957, ch. 254, § 8; 1977, ch. 247, § 42; 1979, ch. 281, § 5. ANNOTATIONSCross references. — For county officers, bond, see 10-1-13 NMSA 1978. For definition of "official of any local public body", see 10-5-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 108, 111, 114.
NM Stat § 10-5-9 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 5 - Suspension of Certain Officials|Section 10-5-9 - Suspended official to deliver money and records to secretary; failure or refusal; criminal penalty.

A. Upon written order of suspension by the secretary of finance and administration, the official suspended shall immediately deliver to the secretary all money, records and other property of the office in his charge, for which the secretary shall give a receipt. B. If upon order of the secretary a suspended official of any local public body refuses or fails to deliver to the secretary all money, records and other property of the local public body, the secretary may invoke the aid of the court to require delivery of money, records and other property of the local public body. C. It shall be a petty misdemeanor for an official of any local public body to willfully fail or refuse to deliver all money, records and other property of the local public body to the secretary upon order in accordance with the provisions of this section. Upon conviction, the official shall be sentenced to not more than six months in the county jail and fined not more than five thousand dollars ($5,000) or both such imprisonment and fine in the discretion of the judge. History: 1953 Comp., § 5-3-37.9, enacted by Laws 1957, ch. 254, § 9; 1977, ch. 247, § 43; 1979, ch. 281, § 6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 108, 257 to 259.
NM Stat § 10-6-1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 6 - Abandonment of Public Office or Employment|Section 10-6-1 - [Effect of public officer or employee entering military service.]

Any incumbent of any public office or employment of the state of New Mexico, or of any of its departments, agencies, counties, municipalities or political subdivisions whatsoever, who shall heretofore have entered or who hereafter shall enter military, naval, United States merchant marine, or other armed service of the United States of America, and who by reason of the duties imposed upon him in such service shall fail to devote his time to the performance in person of the duties of such office or employment shall, by entering or continuing in such service, be deemed to have waived and renounced the salary of, and to have abandoned such office or employment until, but only until, he shall have been relieved from active duty in such service and shall have resumed the personal performance of the duties of such public office or employment. History: 1941 Comp., § 10-338, enacted by Laws 943, ch. 123, § 1; 1953 Comp., § 5-3-38. ANNOTATIONSPurpose of statute. — Laws 1943, ch. 123 (Sections 10-6-1 to 10-6-6 NMSA 1978) had as its purpose the preservation to incumbents of their offices despite their failure to perform the duties thereof while in the armed services, and guarding against disruption of essential functions of government. State ex rel. Sanchez v. Stapleton, 1944-NMSC-056, 48 N.M. 463, 152 P.2d 877. Challenge by public officer. — A public officer who enters military service cannot challenge provisions of act which temporarily diverts emoluments of the office during his inability to perform the duties of such office, in view of applicability of the removal and vacancy statutes which would normally foreclose him from retaining any right to either emoluments or salary pertaining to such office. State ex rel. Sanchez v. Stapleton, 1944-NMSC-056, 48 N.M. 463, 152 P.2d 877. Challenge by person not legally appointed. — One who was not legally appointed to the post of deputy assessor cannot question constitutionality of act which provides for carrying on duties of public officer who entered military service. State ex rel. Sanchez v. Stapleton, 1944-NMSC-056, 48 N.M. 463, 152 P.2d 877. Section is applicable to members of municipal boards of education. 1944 Op. Att'y Gen. No. 44-4629. Am. Jur. 2d, A.L.R. and C.J.S. references. — Induction or voluntary enlistment in military service as creating a vacancy in, or as ground of removal from, public office or employment, 143 A.L.R. 1470, 147 A.L.R. 1427, 148 A.L.R. 1400, 150 A.L.R. 1447, 151 A.L.R. 1462, 152 A.L.R. 1459, 154 A.L.R. 1456, 156 A.L.R. 1457, 157 A.L.R. 1456. Constitutionality of statute providing for payments to public officers or employees who enter the military service of the United States, or to their dependents, 145 A.L.R. 1156. 20 C.J.S. Counties § 103; 62 C.J.S. Municipal Corporations § 502.
NM Stat § 10-6-2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 6 - Abandonment of Public Office or Employment|Section 10-6-2 - [Temporary appointments.]

The officer, agent, employee, board or other agency of the state of New Mexico, or of its departments, agencies, counties, municipalities or political subdivisions, who is by law authorized to fill ordinary vacancies in the public office or employment so temporarily abandoned as provided in Section 1 [10-6-1 NMSA 1978] hereof is hereby authorized, empowered and directed to appoint to the public office or employment, so abandoned as provided in Section 1 hereof, another person who shall receive the salary and perform the duties thereof until, but only until, the former incumbent shall have been relieved from active duty in the armed services and shall have resumed the personal discharge of the duties of such public office or employment. History: 1941 Comp., § 10-339, enacted by Laws 1943, ch. 123, § 2; 1953 Comp., § 5-3-39. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 135, 145, 164, 177 to 179. 67 C.J.S. Officers and Public Employees §§ 74 to 79, 100.
NM Stat § 10-6-4 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 6 - Abandonment of Public Office or Employment|Section 10-6-4 - [Filling vacancy when office permanently abandoned.]

The officer, agent, employee, board or other agency of the state, or of its departments, agencies, counties, municipalities or political subdivisions, who is by law authorized to fill ordinary vacancies in the public office or employment so permanently abandoned, as provided in Section 3 [10-6-3 NMSA 1978] hereof, is hereby authorized, empowered and directed to appoint to such public office or employment some qualified person who shall thereafter receive the salary and perform the duties thereof until the expiration of the term of the former incumbent or until his successor shall have been elected, appointed or otherwise chosen and qualified or until the former incumbent shall have been relieved from active duty in the armed services and shall have resumed the personal discharge of the duties of such public office or employment. History: 1941 Comp., § 10-341, enacted by Laws 1943, ch. 123, § 4; 1953 Comp., § 5-3-41. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 74 to 79, 100.
NM Stat § 10-6-6 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 6 - Abandonment of Public Office or Employment|Section 10-6-6 - [Penalties.]

It shall be unlawful for any person who has temporarily or permanently abandoned his public office or employment, as herein defined and described, to receive compensation from public money on account of services or periods of time in his or her public office or employment accruing after such temporary or permanent abandonment and, in the case of temporary abandonment as herein defined, before the resumption of such office or employment as described in Section 1 [10-6-1 NMSA 1978] hereof. Any person receiving or paying compensation in violation of this section shall be punished by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000), or by imprisonment for not more than one year, or by both such fine and imprisonment. History: 1941 Comp., § 10-343, enacted by Laws 1943, ch. 123, § 6; 1953 Comp., § 5-3-43. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 103; 62 C.J.S. Municipal Corporations § 502.
NM Stat § 10-7-1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7 - Compensation and Working Conditions Generally|Section 10-7-1 - [Temporary transfers of employees from one office, department or institution to another.]

The governor is further authorized, subject to the approval of the state board of finance, to transfer, temporarily from one office, department or institution to another office, department or institution, such employees as in his judgment may be necessary or convenient at any time to further the economical and efficient conduct of the state government and without regard to the appropriation out of which such employee may be paid; provided, that the governor shall have the power to designate and employ a personnel director who shall assist him in the performance of the duties imposed upon the governor by the terms of this section. History: Laws 1935, ch 70, § 3; 1941 Comp., § 10-403; Laws 1943, ch. 10, § 3; 1953 Comp., § 5-4-3. ANNOTATIONSCompiler's notes. — Laws 1977, ch. 247, § 6, established the state board of finance, referred to in this section, in connection with the board of finance division of the department of finance and administration. See 6-1-1 NMSA 1978. Cross references. — For causes for removal of local officers, see 10-4-1 NMSA 1978. For permanent abandonment of office, see 10-6-3 NMSA 1978. For definition of "incompatible office", see 10-6-5 NMSA 1978. Theory of section. — This section contemplates that a public officer can perform the duties and obligations of any position to which he is temporarily transferred. State ex rel. Bird v. Apodaca, 1977-NMSC-110, 91 N.M. 279, 573 P.2d 213. State highway engineer is not subject to transfer provisions of this section. State ex rel. Bird v. Apodaca, 1977-NMSC-110, 91 N.M. 279, 573 P.2d 213. Meaning of "temporary". — The word temporary means that which is to last for a limited time only, not of long duration but for a short time. 1957 Op. Att'y Gen. No. 57-94. Remuneration when two jobs. — An employee of the state who is employed by one department on a monthly basis could be entitled to remuneration from a second department or agency of the state if the services are performed at a time which are not regular working hours of the first department and in a location different from that of the first department. 1958 Op. Att'y Gen. No. 58-16. Law reviews. — For note, "Mandamus Proceedings Against Public Officials: State of New Mexico ex rel. Bird v. Apodaca," see 9 N.M.L. Rev. 195 (1978-79).
NM Stat § 10-7-3 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7 - Compensation and Working Conditions Generally|Section 10-7-3 - [Inapplicability of act.]

Nothing in this act [10-7-2, 10-7-3 NMSA 1978] shall apply to those officials or employees receiving their salaries or wages at a time as fixed by any provision of the constitution of the state of New Mexico. History: Laws 1933, ch. 157, § 2; 1941 Comp., § 10-406; 1953 Comp., § 5-4-6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 228.
NM Stat § 10-7-4.1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7 - Compensation and Working Conditions Generally|Section 10-7-4.1 - Children, youth and families department; group life insurance.

Notwithstanding the provisions of Section 10-7-4 NMSA 1978 and in addition to all other benefits provided juvenile correctional officers and correctional officer specialists, the children, youth and families department shall provide life insurance coverage in the amount of twenty-five thousand dollars ($25,000) for each juvenile correctional officer and correctional officer specialist, to be paid to his designated beneficiary. The coverage shall include double indemnity provisions for death incurred in the line of duty. The coverage shall be provided by a group term insurance policy, the premium for which shall be paid out of state funds appropriated to the children, youth and families department. History: Laws 1990, ch. 29, § 1; 1992, ch. 57, § 18. ANNOTATIONSCross references. — For the children, youth and families department, see 9-2A-1 NMSA 1978 et seq. For group life insurance for the corrections department, see 33-1-12 NMSA 1978. The 1992 amendment, effective July 1, 1992, substituted "children, youth and families department" for "youth authority" in the section catchline and throughout the section; and inserted "and correctional officer specialists" in the first sentence.
NM Stat § 10-7-4.2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7 - Compensation and Working Conditions Generally|Section 10-7-4.2 - Group insurance; counties and municipalities; contributions; definition; exemption from state plan.

A. All municipalities, counties and political subdivisions with twenty-five employees or fewer shall cooperate in providing group term life, medical or disability income insurance for the benefit of eligible employees or salaried officers of the respective departments, institutions and subdivisions. B. Municipalities, counties and political subdivisions with twenty-five employees or fewer may contribute any amount up to one hundred percent of the cost of the insurance. As used in this section, "cost of the insurance" means the premium required to be paid to provide coverages. C. When a public employee elects to participate in a cafeteria plan as authorized by the Cafeteria Plan Act [10-7-14 to 10-7-19 NMSA 1978] and enters into a salary reduction agreement with a municipal or county employer, the provisions of Subsection B of this section with respect to the maximum contributions that can be made by the employer are not violated and will still apply. The employer contributions as provided in Subsection B of this section shall be determined by the employee's gross salary prior to any salary reduction agreement. D. Any group medical insurance plan offered pursuant to this section shall include effective cost-containment measures to control the growth of health care costs. The responsible public body that administers a plan offered pursuant to this section shall report annually by September 1 to appropriate interim legislative committees on the effectiveness of the cost-containment measures required by this subsection. E. Exempt from the provisions of Section 10-7-4 NMSA 1978 are all municipalities, counties and political subdivisions with twenty-five employees or fewer. History: Laws 1991, ch. 191, § 1; 1994, ch. 62, § 19; 1999, ch. 44, § 2. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, inserted "and political subdivisions with twenty-five employees or fewer" in Subsection A, in the first sentence of Subsection B, and at the end of Subsection E, and made minor stylistic changes. The 1994 amendment, effective March 4, 1994, substituted "departments" for "department" in Subsection A, deleted "percentage or dollar" following "employer" in the last sentence of Subsection C, redesignated former Subsection D as Subsection E, and added Subsection D.
NM Stat § 10-7-5 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7 - Compensation and Working Conditions Generally|Section 10-7-5 - [Premiums; deduction from salaries.]

That said departments and institutions and all political subdivisions of the state shall be authorized to deduct from said employees' salaries, who may elect to be covered by group or other insurance under this act [10-7-4, 10-7-5, 10-7-6 NMSA 1978], for the payment of premiums on said policies of insurance. History: Laws 1941, ch. 188, § 2; 1941 Comp., § 10-417; 1953 Comp., § 5-4-13. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 81A C.J.S. States § 109.
NM Stat § 10-7-5.1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7 - Compensation and Working Conditions Generally|Section 10-7-5.1 - Local public bodies; group health and group life insurance.

A. Every local public body that is an affiliated public employer under the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978] and that provides a group health insurance plan to its employees by any method shall offer such insurance to any retiree who was immediately prior to retirement an employee of that affiliated public employer, is a retired member under the Public Employees Retirement Act and upon retirement wishes to continue to be insured under that affiliated public employer's health insurance plan. B. Every local public body that is an affiliated public employer under the Public Employees Retirement Act and that provides a group life insurance plan to its employees by any method may offer to any employee retiring after July 1, 1990, a life insurance plan to such retiree who was immediately prior to retirement an employee of that affiliated public employer, is a retired member under the Public Employees Retirement Act and upon retirement wishes to be insured under that affiliated public employer's life insurance plan for retirees. Premiums may be paid by deduction from the retirement warrant of the retired employee. C. Each of those affiliated public employers shall also offer such health insurance to the survivors of individuals who immediately prior to retirement were employees of that affiliated public employer who are survivor pension beneficiaries under the Public Employees Retirement Act and who wish to continue to be insured under that affiliated public employer's health insurance plan upon the employee's death. History: Laws 1989, ch. 347, § 1; 1990, ch. 128, § 1. ANNOTATIONSCross references. — For right of continuation in plan after retirement or death, see 10-11-121 NMSA 1978.
NM Stat § 10-7-6 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7 - Compensation and Working Conditions Generally|Section 10-7-6 - [Repeal and saving clause.]

All acts and parts of acts in conflict herewith, are hereby repealed. Provided that the provisions of this act [10-7-4, 10-7-5, 10-7-6 NMSA 1978] shall not affect any contract of group insurance now maintained or in force; nor shall the provisions of this act repeal, alter or amend any special statute authorizing the carrying of such insurance by the state of New Mexico or any of its departments or the political subdivisions of the state. History: Laws 1941, ch. 188, § 3; 1941 Comp., § 10-418; 1953 Comp., § 5-4-14. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 81A C.J.S. States § 109.
NM Stat § 10-7-7 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7 - Compensation and Working Conditions Generally|Section 10-7-7 - [Old-age benefits under Social Security Act.]

That in the event the government of the United States through amendment of the Social Security Act of the United States and particularly Title 8 thereof or by any other similar law of congress which authorizes or permits the payment by states of [or] their political subdivisions to become employers to the extent that they may cover employees of the respective states and the political subdivisions thereof under Title 8 of the Social Security Act of the United States or any amendment thereto or any other similar act of congress whereby old-age benefits or pensions may be established for said employees; then, and in that event, the state of New Mexico, its departments, municipalities in said state and the political subdivisions of the said state may [be] and hereby are authorized and directed to comply with the provisions of the said act of congress to the extent that all members of state and municipal police forces, and all paid members and employees of municipal fire departments within this state may receive any and all benefits with respect to such old-age benefit or pension provision of said federal law, and the state, its municipalities, and political subdivisions are hereby authorized and directed to pay on account of such employees the rate of tax which said federal law may levy and assess for said purposes, and to withhold and make payments on account of the employee's contributions required by such act of congress pertaining to said employees herein mentioned. History: Laws 1939, ch. 138, § 1; 1941 Comp., § 10-419; 1953 Comp, § 5-4-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Title 8 of the Social Security Act, referred to in this section, was originally codified as 42 U.S.C. §§ 1001 to 1011. These sections have since been repealed and reenacted by the Internal Revenue Codes of 1939, 1954 and 1986. These provisions of the Internal Revenue Code of 1986 are compiled as 26 U.S.C. §§ 3101, 3102, 3111, 3121, 3122, 3501, 3502, 6011, 6071, 6081, 6091, 6205, 6302, 6313, 6413, 6601, 6802, 6803, 7208, 7209, 7509, 7701 and 7805. Am. Jur. 2d, A.L.R. and C.J.S. references. — 81 C.J.S. Social Security and Public Welfare § 28.
NM Stat § 10-7-9 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7 - Compensation and Working Conditions Generally|Section 10-7-9 - Minimum salary rate.

Every state employee and every person regularly employed at a state educational institution named in Article 12, Section 11 of the New Mexico constitution, except student employees as defined by the board of educational finance, shall receive a salary at a rate equal to at least four hundred dollars ($400) per month. History: 1953 Comp., § 5-4-51, enacted by Laws 1974, ch. 10, § 2.
NM Stat § 10-7-10 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7 - Compensation and Working Conditions Generally|Section 10-7-10 - Accumulated sick leave; payment of certain excess amounts.

An employee of the state who has accumulated six hundred hours of unused sick leave shall be entitled to be paid for additional unused sick leave at a rate equal to fifty percent of his hourly wage multiplied by the number of hours of unused sick leave over six hundred hours, not to exceed one hundred twenty hours of such sick leave in any one fiscal year. Payment for sick leave as authorized by this section shall be paid only on either the payday immediately following the first full pay period in January or the first full pay period in July. An eligible employee shall notify his agency of his desired payment date and the number of unused sick leave hours he wishes to convert pursuant to this section before payment can be authorized. History: Laws 1983, ch. 150, § 1; 1984, ch. 6, § 1.