reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-13 - Appropriate bargaining units.

A. The board or local board shall, upon receipt of a petition for a representation election filed by a labor organization, designate the appropriate bargaining units for collective bargaining. Appropriate bargaining units shall be established on the basis of occupational groups or clear and identifiable communities of interest in employment terms and conditions and related personnel matters among the public employees involved. Occupational groups shall generally be identified as blue-collar, secretarial clerical, technical, professional, paraprofessional, police, fire and corrections. The parties, by mutual agreement, may further consolidate occupational groups. Essential factors in determining appropriate bargaining units shall include the principles of efficient administration of government, the history of collective bargaining and the assurance to public employees of the fullest freedom in exercising the rights guaranteed by the Public Employee Bargaining Act.
B. Within thirty days of a disagreement arising between a public employer and a labor organization concerning the composition of an appropriate bargaining unit, the board or local board shall hold a hearing concerning the composition of the bargaining unit before designating an appropriate bargaining unit.
C. The board or local board shall not include in an appropriate bargaining unit supervisors, managers or confidential employees.
D. Jobs included within a bargaining unit pursuant to a local ordinance in effect on January 1, 2020 shall remain in that bargaining unit.
History:
Laws 2003, ch. 4, § 13; 2003, ch. 5, § 13; 2020, ch. 48, § 6.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided that jobs included within a bargaining unit pursuant to a local ordinance in effect on January 1, 2020 shall remain in that bargaining unit; and added Subsection D.
Community interest.
— Where the labor management board decided that the appropriate bargaining unit of the college would include full time faculty and instructional professionals with 100% instructional duties and excluded instructional professionals with less than 100% instructional duties who worked part-time performing administrative duties; faculty and instructional professionals worked under different contracts that covered different time periods, operated under different employee handbooks, had different ways of presenting grievances, received different benefits, and were subject to different lines of supervision; and instructional professionals with less than 100% instructional duties received more compensation because to their administrative duties, notwithstanding the differences between faculty and instructional professionals, faculty and instructional professionals whose exclusive job was teaching had the community of interest required to establish a proper bargaining unit and the board's decision was supported by substantial evidence.
San Juan Coll. v. San Juan Coll. Labor Mgmt. Bd
., 2011-NMCA-117, 267 P.3d 101.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-16 - Decertification of exclusive representative.

A. A member of a labor organization or the labor organization itself may initiate decertification of a labor organization as the exclusive representative if thirty percent of the public employees in the appropriate bargaining unit make a written request to the board or local board for a decertification election. Decertification elections shall be held in a manner prescribed by rule of the board. An election shall only be valid if forty percent of the eligible employees in the bargaining unit vote in the election.
B. When there is a collective bargaining agreement in effect, a request for a decertification election shall be made to the board or local board no earlier than ninety days and no later than sixty days before the expiration of the collective bargaining agreement; provided, however, a request for an election may be filed at any time after the expiration of the third year of a collective bargaining agreement with a term of more than three years.
C. When, within the time period prescribed in Subsection B of this section, a competing labor organization files a petition containing signatures of at least thirty percent of the public employees in the appropriate bargaining unit, a representation election rather than a decertification election shall be conducted.
D. When an exclusive representative has been certified but no collective bargaining agreement is in effect, the board or local board shall not accept a request for a decertification election or an election sought by a competing labor organization earlier than twelve months subsequent to a labor organization's certification as the exclusive representative.
History:
Laws 2003, ch. 4, § 16; 2003, ch. 5, § 16; 2020, ch. 48, § 9.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, prohibited a competing labor organization from seeking an election within twelve months of initial certification; and in Subsection D, after "decertification election", added "or an election sought by a competing labor organization".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-20 - Public employees; labor organizations; prohibited practices.

A public employee or labor organization or its representative shall not:
A. discriminate against a public employee with regard to labor organization membership because of race, color, religion, creed, age, sex or national origin;
B. interfere with, restrain or coerce any public employee in the exercise of a right guaranteed pursuant to the provisions of the Public Employee Bargaining Act;
C. refuse to bargain collectively in good faith with a public employer;
D. refuse or fail to comply with a collective bargaining or other agreement with the public employer;
E. refuse or fail to comply with a provision of the Public Employee Bargaining Act; or
F. picket homes or private businesses of elected officials or public employees.
History:
Laws 2003, ch. 4, § 20 and by Laws 2003, ch. 5, § 20.
ANNOTATIONS
Compiler's notes.
— Laws 2003, ch. 4, § 20 and Laws 2003, ch. 5, § 20 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-20 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-21 - Strikes and lockouts prohibited.

A. A public employee or labor organization shall not engage in a strike. A labor organization shall not cause, instigate, encourage or support a public employee strike. A public employer shall not cause, instigate or engage in a public employee lockout.
B. A public employer may apply to the district court for injunctive relief to end a strike, and an exclusive representative of public employees affected by a lockout may apply to the district court for injunctive relief to end a lockout.
C. The board or local board, upon a clear and convincing showing of proof at a hearing that a labor organization directly caused or instigated a public employee strike, may impose appropriate penalties on that labor organization, up to and including decertificaton of the labor organization with respect to any of its bargaining units which struck as a result of such causation or instigation.
History:
Laws 2003, ch. 4, § 21 and by Laws 2003, ch. 5, § 21.
ANNOTATIONS
Compiler's notes.
— Laws 2003, ch. 4, § 21 and Laws 2003, ch. 5, § 21 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-21 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-22 - Agreements valid; enforcement.

Collective bargaining agreements and other agreements between public employers and exclusive representatives shall be valid and enforceable according to their terms when entered into in accordance with the provisions of the Public Employee Bargaining Act.
History:
Laws 2003, ch. 4, § 22 and by Laws 2003, ch. 5, § 22.
ANNOTATIONS
Compiler's notes.
— Laws 2003, ch. 4, § 22 and Laws 2003, ch. 5, § 22 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-22 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-23 - Judicial enforcement; standard of review.

A. The board or local board may request the district court to enforce orders issued pursuant to the Public Employee Bargaining Act, including those for appropriate temporary relief and restraining orders. The court shall consider the request for enforcement on the record made before the board or local board. It shall uphold the action of the board or local board and take appropriate action to enforce it unless it concludes that the order is:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence on the record considered as a whole; or
(3) otherwise not in accordance with law.
B. A person or party, including a labor organization affected by a final rule, order or decision of the board or local board, may appeal to the district court for further relief. All such appeals shall be based upon the record made at the board or local board hearing. All such appeals to the district court shall be taken within thirty days of the date of the final rule, order or decision of the board or local board. Actions taken by the board or local board shall be affirmed unless the court concludes that the action is:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence on the record considered as a whole; or
(3) otherwise not in accordance with law.
History:
Laws 2003, ch. 4, § 23 and by Laws 2003, ch. 5, § 23.
ANNOTATIONS
Compiler's notes.
— Laws 2003, ch. 4, § 23 and Laws 2003, ch. 5, § 23 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-23 NMSA.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-24 - Existing collective bargaining units.

A. Bargaining units established prior to July 1, 1999 shall continue to be recognized as appropriate bargaining units for the purposes of the Public Employee Bargaining Act. Bargaining units established between July 1, 1999 and the effective date of that act shall continue in effect only if the unit is covered by a collective bargaining agreement on the date of this act.
B. A labor organization that was recognized by a public employer as the exclusive representative of an appropriate bargaining unit on June 30, 1999 shall be recognized as the exclusive representative of the unit on the effective date of the Public Employee Bargaining Act; provided, however, that the public employer shall not enter into a new collective bargaining agreement pursuant to this subsection unless the labor organization demonstrates majority support to the public employer pursuant to Section 14 [10-7E-14 NMSA 1978] of the Public Employee Bargaining Act. A labor organization which attempts and fails to show majority support shall no longer be recognized as the exclusive bargaining representative of that unit.
History:
Laws 2003, ch. 4, § 24 and by Laws 2003, ch. 5, § 24.
ANNOTATIONS
Compiler's notes.
— Laws 2003, ch. 4, § 24 and Laws 2003, ch. 5, § 24 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-24.1 - Certain new entities created by statute.

A new entity, created by or pursuant to statute, that encompasses the same powers and duties as a previous public employer and uses essentially the same employees as the previous public employer shall be treated as if it were that previous public employer for purposes of the Public Employee Bargaining Act, including the continued applicability of existing ordinances or resolutions pursuant to Section 10-7E-26 NMSA 1978 and of existing collective bargaining units pursuant to Section 10-7E-24 NMSA 1978.
History:
Laws 2005, ch. 333, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 333 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-25 - Existing collective bargaining agreements.

Nothing in the Public Employee Bargaining Act shall be construed to annul or modify a collective bargaining agreement entered into between a public employer and an exclusive representative prior to the effective date of the Public Employee Bargaining Act. Nor shall anything in the Public Employee Bargaining Act be construed to annul or modify the status of an existing or recognized exclusive representative.
History:
Laws 2003, ch. 4, § 25 and by Laws 2003, ch. 5, § 25.
ANNOTATIONS
Compiler's notes.
— Laws 2003, ch. 4, § 25 and Laws 2003, ch. 5, § 25 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-26 - Repealed.

History:
Laws 2003, ch. 4, § 26; 2003, ch. 5, § 26; repealed by Laws 2020, ch. 48, § 13.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 48, § 13 repealed 10-7E-26 NMSA 1978, as enacted by Laws 2003, ch. 4, § 26 and Laws 2003, ch. 5, § 26, relating to existing ordinances providing for public employee bargaining, effective July 1, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7F - Hazardous Duty Officers' Employer-Employee Relations › Section 10-7F-1 - Short title.

Chapter 10, Article 7F NMSA 1978 may be cited as the "Hazardous Duty Officers' Employer-Employee Relations Act".
History:
Laws 2010, ch. 62, § 1; 2019, ch. 83, § 1.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, changed "This act" to "Chapter 10, Article 7F NMSA 1978".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7F - Hazardous Duty Officers' Employer-Employee Relations › Section 10-7F-2 - Definitions.

As used in the Hazardous Duty Officers' Employer-Employee Relations Act:
A. "compelled statement" means a statement provided by an officer to the officer's employer if the statement is compelled under threat of dismissal from employment or any other employment sanction;
B. "emergency medical technician" means an individual who has been licensed by the department of health as an emergency medical technician;
C. "firefighter" means an individual who is employed as a non-volunteer firefighter and who has taken the oath prescribed for firefighters;
D. "hazardous duty officer" or "officer" means an individual who is employed full time by the state or a political subdivision of the state as a firefighter, emergency medical technician or paramedic, provided that "hazardous duty officer" does not include an individual who has not completed the probationary period established by the individual's employer as a condition of employment; and
E. "paramedic" means an individual who has been licensed by the department of health as a paramedic.
History:
Laws 2010, ch. 62, § 2; 2019, ch. 83, § 2.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, defined "compelled statement" as used in the Hazardous Duty Officers' Employer-Employee Relations Act; and added a new Subsection A and redesignated the succeeding subsections accordingly.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7F - Hazardous Duty Officers' Employer-Employee Relations › Section 10-7F-4 - Polygraph examinations.

After reviewing all the information collected in the course of an investigation of a hazardous duty officer, the chief administrator of the officer's employer may order the officer to submit to a polygraph examination administered by a licensed polygraph examiner, provided that:
A. all other reasonable investigative means have been exhausted; and
B. the officer has been advised of the administrator's reasons for ordering the polygraph examination.
History:
Laws 2010, ch. 62, § 4.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 62, § 10 made the Hazardous Duty Officers' Employer-Employee Relations Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7F - Hazardous Duty Officers' Employer-Employee Relations › Section 10-7F-5 - Right to produce evidence.

When a hazardous duty officer is under investigation for an administrative matter, the officer shall be permitted to produce any relevant documents, witnesses or other evidence to support the officer's case and the officer may cross-examine any adverse witnesses during any grievance process or appeal involving disciplinary action.
History:
Laws 2010, ch. 62, § 5.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 62, § 10 made the Hazardous Duty Officers' Employer-Employee Relations Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7F - Hazardous Duty Officers' Employer-Employee Relations › Section 10-7F-6 - Personnel files.

A. No document containing comments adverse to a hazardous duty officer shall be entered into the officer's personnel file unless the officer has read and signed the document. When an officer refuses to sign a document containing adverse comments, the document may be entered into an officer's personnel file if:
(1) the officer's refusal to sign is noted on the document by the chief administrator of the officer's employer; and
(2) the notation regarding the officer's refusal to sign the document is witnessed by a third party.
B. A hazardous duty officer may file a written response to any document containing adverse comments entered into the officer's personnel file, and the response shall be filed with the officer's employer within thirty days after the document was entered into the officer's personnel file. A hazardous duty officer's written response shall be attached to the document.
History:
Laws 2010, ch. 62, § 6.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 62, § 10 made the Hazardous Duty Officers' Employer-Employee Relations Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7F - Hazardous Duty Officers' Employer-Employee Relations › Section 10-7F-7 - Constitutional rights; notification.

When a hazardous duty officer is under administrative investigation and a determination is made to commence a criminal investigation, the officer shall be immediately notified of the investigation and shall be afforded all the protections set forth in the bill of rights of the United States constitution and of the constitution of New Mexico.
History:
Laws 2010, ch. 62, § 7.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 62, § 10 made the Hazardous Duty Officers' Employer-Employee Relations Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7F - Hazardous Duty Officers' Employer-Employee Relations › Section 10-7F-8 - Forced disclosure of financial information.

A hazardous duty officer shall not be required by an employer to disclose information regarding the officer's financial status, unless all other reasonable investigative means have been exhausted or except as otherwise required by law.
History:
Laws 2010, ch. 62, § 8.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 62, § 10 made the Hazardous Duty Officers' Employer-Employee Relations Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7F - Hazardous Duty Officers' Employer-Employee Relations › Section 10-7F-9 - Political activity.

A hazardous duty officer shall not be prohibited by an employer from engaging in any political activity when the officer is off duty, except as otherwise provided by law.
History:
Laws 2010, ch. 62, § 9.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 62, § 10 made the Hazardous Duty Officers' Employer-Employee Relations Act effective July 1, 2010.
Preemption analysis of municipal ordinance prohibiting employees from seeking elective office.
— Municipalities that adopt home rule charters may exercise all legislative powers and perform all functions not expressly denied by general law or charter. To determine whether a state statute denies a home rule municipality certain authority, it must first be determined whether the statute is a general law, that is, whether the law applies generally throughout the state and is of statewide concern as contrasted to local or municipal law, and then it must be determined whether the provision expressly denies a home rule municipality the authority to prohibit its employees from seeking elective office.
Kane v. City of Albuquerque
, 2015-NMSC-027.
Where the city of Albuquerque's charter and personnel rules prohibit employees of the city from being a candidate for, or from holding elective office of, the state of New Mexico or any of its political subdivisions, petitioner, a city firefighter, claimed that the city charter was not a valid exercise of the city's municipal powers because it was preempted by 10-7F-9 NMSA 1978. The New Mexico supreme court held that 10-7F-9 NMSA 1978 did not preempt the city's charter, because the regulation of government employees' activities under the First Amendment of the United States Constitution touches upon issues of local, not statewide, concern, and therefore this section is not a general law. Moreover, the city's home rule charter falls within this section's "except as otherwise provided by law" exception, such that this section does not preempt municipal employment regulations as applied to hazardous duty officers.
Kane v. City of Albuquerque
, 2015-NMSC-027.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 8 - Per Diem and Mileage › Section 10-8-1 - Short title.

Sections 10-8-1 through 10-8-8 NMSA 1978 may be cited as the "Per Diem and Mileage Act".
History:
1953 Comp., § 5-10-1, enacted by Laws 1963, ch. 31, § 1; 1978, ch. 184, § 1; 1979, ch. 273, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Officers §§ 224, 225.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 8 - Per Diem and Mileage › Section 10-8-2 - Purpose of act.

The purpose of the Per Diem and Mileage Act is to establish standard rates for reimbursement for travel for public officers and employees coming under the Per Diem and Mileage Act. The act is designed to be referred to where applicable in statutes setting compensation of public officers and employees.
History:
1953 Comp., § 5-10-2, enacted by Laws 1963, ch. 31, § 2; 1971, ch. 116, § 1.
ANNOTATIONS
When allowance may not be drawn.
— State highway commissioners, as unsalaried state officers, may not draw the statutory per diem allowance while engaged in official state business at their residence or personal business premises. 1977 Op. Att'y Gen. No. 77-20.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 225; 81A C.J.S. States §§ 61, 106 to 109.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 8 - Per Diem and Mileage › Section 10-8-3 - Definitions.

As used in the Per Diem and Mileage Act:
A. "attend" means the act of being present, either physically or through a virtual platform that is approved by the entity responsible for determining attendance;
B. "secretary" means the secretary of finance and administration;
C. "employee" means any person who is in the employ of any state agency, local public body or public post-secondary educational institution and whose salary is paid either completely or in part from public money, but does not include jurors or jury commissioners;
D. "governing board" means the board of regents of any institution designated in Article 12, Section 11 of the constitution of New Mexico or designated in Chapter 21, Article 14 NMSA 1978, or the board of any institution designated in Chapter 21, Articles 13, 16 and 17 NMSA 1978;
E. "local public body" means all political subdivisions of the state and their agencies, instrumentalities and institutions, except public post-secondary educational institutions;
F. "state agency" means the state or any of its branches, agencies, departments, boards, instrumentalities or institutions, except public post-secondary educational institutions;
G. "public post-secondary educational institution" means any institution designated in Article 12, Section 11 of the constitution of New Mexico and any institution designated in Chapter 21, Articles 13, 14, 16 and 17 NMSA 1978; and
H. "public officer" or "public official" means every elected or appointed officer of the state, local public body or any public post-secondary educational institution. "Public officer" or "public official" includes members of advisory boards appointed by any state agency, local public body or public post-secondary educational institution.
History:
1953 Comp., § 5-10-2.1, enacted by Laws 1971, ch. 116, § 2; 1977, ch. 247, § 49; 1978, ch. 184, § 2; 1979, ch. 273, § 3; 1989, ch. 338, § 1; 2021, ch. 81, § 1.
ANNOTATIONS
The 2021 amendment,
effective April 6, 2021, defined "attend", and clarified the definition of "public official", as used in the Per Diem and Mileage Act; added a new Subsection A and redesignated former Subsections A through G as Subsections B through H, respectively; and in Subsection H, after "Public officer", added "or 'public official'".
Payment to person not within definitions.
— A person not within these definitions who performs a service for or on behalf of a school district can be paid under this act for his expenses. 1974 Op. Att'y Gen. No. 74-29.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 224, 225.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 8 - Per Diem and Mileage › Section 10-8-6 - Application of act.

A. The Per Diem and Mileage Act shall not apply to the members of the legislature unless the legislature by specific reference to the act makes it applicable to the members and such application does not thereby exceed the per diem and mileage rates fixed in the constitution of New Mexico.
B. The provisions of Subsection D of Section 10-8-4 NMSA 1978 pertaining to the mileage reimbursement rate for travel in a privately owned vehicle shall not apply to employees of a hospital facility under the control of the board of trustees of a special hospital district created pursuant to the provisions of the Special Hospital District Act [Chapter 4, Article 48A NMSA 1978], if the board of trustees has fixed a mileage reimbursement rate for those employees.
History:
1953 Comp., § 5-10-3.2, enacted by Laws 1971, ch. 116, § 5; 2003, ch. 21, § 2.
ANNOTATIONS
Cross references.
— For constitutional per diem and mileage rates,
see
N.M. Const., art. IV, § 10.
The 2003 amendment,
effective July 1, 2003, redesignated the former text of the section as Subsection A and added "of New Mexico" at the end; and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 224, 225.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 8 - Per Diem and Mileage › Section 10-8-7 - Penalty.

Any public officer or employee covered by the Per Diem and Mileage Act who knowingly authorizes or who knowingly accepts payment in excess of the amount allowed by the Per Diem and Mileage Act or in excess of the amount authorized by the secretary or the governing board pursuant to Section 10-8-5 NMSA 1978 is liable to the state in an amount that is twice the excess payment.
History:
1953 Comp., § 5-10-4, enacted by Laws 1963, ch. 31, § 4; 1971, ch. 116, § 6; 1977, ch. 247, § 51; 1989, ch. 338, § 4.
ANNOTATIONS
Cross references.
— For definition of "employee" and "public officer",
see
10-8-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 224, 225, 257.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 8 - Per Diem and Mileage › Section 10-8-8 - Other reimbursements.

A. The secretary may authorize by regulation reimbursement for the following actual expenses incurred by public officers and employees of state agencies:
(1) moving expenses;
(2) professional fees or dues;
(3) tuition and fees for attending educational programs or classes approved by the secretary; and
(4) registration fees for attending seminars, educational programs or classes.
B. The governing body of any local public body may, by resolution, authorize the reimbursement of public officers and employees for any of the actual expenses set forth in Subsection A of this section. No resolution adopted pursuant to this subsection shall authorize the reimbursement for any expense not authorized by regulation of the secretary pursuant to Subsection A of this section.
C. The governing board may, by regulation, authorize the reimbursement of public officers of public post-secondary educational institutions and employees of public post-secondary educational institutions for any of the actual expenses set forth in Subsection A of this section.
D. No reimbursement shall be made for any expenses unless receipts for all such expenses are attached to the reimbursement voucher.
History:
1978 Comp., § 10-8-8, enacted by Laws 1979, ch. 273, § 5; 1989, ch. 338, § 5.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-2 - Purpose of act; enactment under constitution.

The purpose of the Personnel Act is to establish for New Mexico a system of personnel administration based solely on qualification and ability, which will provide greater economy and efficiency in the management of state affairs. The Personnel Act is enacted under and pursuant to the provisions of Article 7, Section 2 of the constitution of New Mexico, as amended.
History:
1953 Comp., § 5-4-29, enacted by Laws 1961, ch. 240, § 2; 1963, ch. 200, § 1.
ANNOTATIONS
Purpose and interpretation of Personnel Act.
— The Personnel Act has for its basic purpose the furtherance of economy and efficiency in state government. To achieve this purpose and implement the objectives of the act, the provisions providing for the right of an administrative hearing and judicial review should not be narrowly interpreted so as to restrict such a view.
Montoya v. Dep't of Fin. & Admin
., 1982-NMCA-051, 98 N.M. 408, 649 P.2d 476.
Legislative intent.
— In enacting the Personnel Act it was the desire of the legislature to insulate in some manner the paid state employee from the whims and caprice of the political election so as to provide continuity of government in a changing environment. 1964 Op. Att'y Gen. No. 64-7.
Legislature intended balance between internal and statewide administration.
— The legislature intended to strike a balance between the inherent power of a state agency or department to act administratively to adjust or organize itself internally so as to more effectively and efficiently carry out its duties, and the statutory objective of establishing and creating an effective system of state personnel administration. 1963 Op. Att'y Gen. No. 63-33.
Ability of government to be enhanced.
— The legislature wished to enhance the ability of government by insuring that the "sifting system" of the public election be replaced by objective examinations to assure that competent citizens are initially selected for the "insulated" positions. 1964 Op. Att'y Gen. No. 64-7.
Merit system provided.
— The Personnel Act provides for a merit system, but not a seniority system. 1965 Op. Att'y Gen. No. 65-78A.
State agencies not to engage in collective bargaining.
— A collective bargaining agreement between the division of vocational rehabilitation and the American Federation of State, County and Municipal Employees is void, as it is illegal for state agencies governed by the provisions of this article to engage in collective bargaining. 1987 Op. Att'y Gen. No. 87-56.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Refusal to submit to polygraph examination as ground for discharge or suspension of public employees or officers, 15 A.L.R.4th 1207.
81A C.J.S. States § 86.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-3 - Definitions.

As used in the Personnel Act:
A. "director" means the personnel director;
B. "board" means the personnel board;
C. "service" means the state personnel service created by the Personnel Act, and includes all positions covered by the Personnel Act;
D. "position" means any state office, job, or position of employment;
E. "employer" means any authority having power to fill positions, in an agency;
F. "agency" means any state department, bureau, division, branch or administrative group which is under the same employer;
G. "class" means a group of positions similar enough in powers and responsibilities that they can be covered by the same qualifications and rate of pay;
H. "test" means a test of the qualifications, fitness and ability, and includes tests that are written, oral, physical or in the form of a demonstration of skill or any combination thereof;
I. "employee" means a person in a position in the service who has completed his probationary period; and
J. "probationer" means a person in a position in the service who is still in the probationary period for that position.
History:
1953 Comp., § 5-4-30, enacted by Laws 1961, ch. 240, § 3.
ANNOTATIONS
Probationer.
— Worker who had not completed the probationary period upon reentry into the classified service was not an "employee" within the meaning of Section 10-9-3 NMSA 1978 thus not entitled to appeal rights.
Clark v. N.M. Children, Youth & Families Dep't
, 1999-NMCA-114, 128 N.M. 18, 988 P.2d 888.
Employer.
— The regulation and licensing department was an employer within the definition found in the State Personnel Act (10-9-3E NMSA 1978) since it, not the New Mexico real estate commission (NMREC), hired the employee, employee's title fell under the department, employee's hiring was approved by the superintendent of the department, and the power to control the administration of NMREC necessarily includes the hiring and firing of its employees.
N.M. Regulation & Licensing Dep't v. Lujan
, 1999-NMCA-059, 127 N.M. 233, 979 P.2d 744.
Effect on person contemplated by 28-15-1 NMSA 1978.
— If a person contemplated by 28-15-1 NMSA 1978 has gained the status of an "employee" as that term is defined by this section and the personnel board rules, he will have additional rights under the state personnel board rules that a "probationer" would not. 1969 Op. Att'y Gen. No. 69-108.
Employees not entitled to participate.
— Since the employees of an intercommunity gas association worked for a corporation controlled by three separate municipalities rather than for the state itself, such employees were not entitled to participate under the provisions of the State Personnel Act. 1966 Op. Att'y Gen. No. 66-07.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81A C.J.S. States § 86.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-4.1 - Personnel Act; rocky mountain information network employees; exemption from coverage.

A. Notwithstanding the provisions of Section 10-9-4 NMSA 1978, all employees of the rocky mountain information network who commence employment on or after the effective date of this act are exempt from coverage under the Personnel Act.
B. Notwithstanding the provisions of Section 10-9-4 NMSA 1978, any employee of the rocky mountain information network who was employed prior to the effective date of this act may elect to become exempt from coverage under the Personnel Act by filing a written election to do so with the director of the rocky mountain information network and the director of the state personnel office. An election is effective upon filing and shall be irrevocable so long as the employee remains employed by the rocky mountain information network.
C. As used in this section, "rocky mountain information network" means that project funded by the United States department of justice, regulated by the provisions of 28 Code of Federal Regulations, Part 23, created as part of the regional information sharing systems program established by the United States department of justice and serving law enforcement agencies in the states of New Mexico, Arizona, Nevada, Colorado, Wyoming, Montana, Idaho and Utah.
History:
Laws 1987, ch. 337, § 1.
ANNOTATIONS
Compiler's notes.
— The phrase "effective date of this act", referred to in Subsections A and B, means June 19, 1987, the effective date of Laws 1987, ch. 337.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-5 - Public officers and public employees; executive branch; annual exempt salaries plan.

A. The department of finance and administration shall prepare, by December 1 of each year, an exempt salaries plan for the governor's approval. The plan shall specify salary ranges for the following public officer and public employee positions of the executive branch of government:
(1) members of boards and commissions appointed by the governor;
(2) heads of agencies or departments appointed by the governor;
(3) heads of agencies or departments appointed by the respective boards and commissions of the agencies;
(4) directors of department divisions;
(5) employees in the governor's office;
(6) positions in the state militia and the commissioned officers of the New Mexico state police division of the department of public safety;
(7) assistants and secretaries in the offices of each official covered by Paragraphs (2), (3) and (10) of this subsection;
(8) positions of a professional or scientific nature which are temporary in nature;
(9) state employees whose positions the personnel board has classified as policy-making positions and exempt employees of elective public officials; and
(10) secretaries of departments appointed by the governor.
B. Excluded from the provisions of this section are employees of the commission on higher education and employees of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico.
C. The exempt salaries plan for the ensuing fiscal year, as prepared by the department of finance and administration and approved by the governor, shall be published as a part of the executive budget document presented to the legislature at its next regular session following the preparation of the plan.
D. Upon the governor's approval, the plan shall take effect at the beginning of the subsequent fiscal year.
History:
1953 Comp., § 5-4-31.1, enacted by Laws 1978, ch. 96, § 1; 1979, ch. 6, § 1; 1979, ch. 202, § 7; 1987, ch. 254, § 16; 1989, ch. 204, § 11.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 96, § 1, repealed 5-4-31.1, 1953 Comp. (former 10-9-5 NMSA 1978), relating to annual exempt-salaries plan for public officers and employees in the executive branch, and enacted a new 10-9-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity of statutory classifications based on population, governmental employee salary or pension statutes, 96 A.L.R.3d 538.
67 C.J.S. Officers and Public Employees § 226.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-6 - Certified school instructors previously employed under the provisions of the Personnel Act.

Certified school instructors who were employed as certified school instructors by state institutions or state agencies under the provisions of the Personnel Act prior to July 1, 1974, may elect to continue to be employed under the Personnel Act. Certified school instructors who elect to continue under the Personnel Act shall file a notice of such election with the personnel director prior to the effective date of this act.
History:
1953 Comp., § 5-4-31.2, enacted by Laws 1975, ch. 182, § 2.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-7 - Certain rules changes requiring legislative approval.

The state personnel office shall not spend any of its appropriation for the promulgating or filing of rules, policies or plans which have significant financial impact or which would require significant future appropriations to maintain without prior, specific legislative approval.
History:
1953 Comp., § 5-4-31.3, enacted by Laws 1976, ch. 11, § 1; 1980, ch. 6, § 1; 1984, ch. 7, § 1.
ANNOTATIONS
Rules consistent with section.
— Rules of labor-management relations fully protected the legislature's appropriations power since they expressly prohibited any violation of Section 10-9-7 NMSA 1978, and since collective bargaining agreements entered into could only commit funds for purposes for which they had been appropriated, there would be "prior, specific legislative approval".
Local 2238 of AFSCME v. Stratton
, 1989-NMSC-003, 108 N.M. 163, 769 P.2d 76.
1983 rules violative of section.
— The current rules for labor-management relations promulgated by the personnel board in 1983 were promulgated in violation of this section, since the rules contain numerous provisions that have, or are likely to have, a significant financial impact and since no specific, prior legislative approval was given for the promulgation. 1987 Op. Att'y Gen. No. 87-41.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-8 - Personnel board; appointment.

The personnel board is created, and shall be composed of five members appointed by the governor and confirmed by the senate, who shall serve staggered terms of five years each with one board member's term expiring each year. No person shall be a member of the board or eligible for appointment to the board who is an employee in the service, holds political office or is an officer of a political organization.
History:
1953 Comp., § 5-4-32, enacted by Laws 1961, ch. 240, § 5; 1980, ch. 47, § 1.
ANNOTATIONS
Meaning of "political office".
— Under the theory advanced by a Kentucky court, any person who is elected by the voters to a public office would be deemed holding a political office within the intent of Laws 1961, ch. 240, §§ 5 and 15 (this section and 10-9-21 NMSA 1978). This would be so even if the election were conducted along what is commonly known as nonpartisan lines rather than political party lines. The term "political office" applies to every elected public office within the state including, but not limited to state elected positions, county elected positions and municipal elected positions, even if conducted along nonpartisan lines. 1961 Op. Att'y Gen. No. 61-53.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 4, 15 et seq.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-9 - Board members; pay; meetings.

Each board member shall be paid per diem and mileage according to the Per Diem and Mileage Act [Chapter 10, Article 8 NMSA 1978] when traveling on board business. The board shall meet at the call of the chairman but in the absence of such call, at least once every two months.
History:
1953 Comp., § 5-4-33, enacted by Laws 1961, ch. 240, § 6; 1967, ch. 181, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 224, 225; 73 C.J.S. Public Administrative Law and Procedure § 19.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-10 - Board duties.

The board shall:
A. promulgate regulations to effectuate the Personnel Act;
B. hear appeals and make recommendations to employers;
C. hire, with the approval of the governor, a director experienced in the field of personnel administration;
D. review budget requests prepared by the director for the operation of the personnel program and make appropriate recommendations thereon;
E. make investigations, studies and audits necessary to the proper administration of the Personnel Act;
F. make an annual report to the governor at the end of each fiscal year;
G. establish and maintain liaison with the general services department; and
H. represent the public interest in the improvement of personnel administration in the system.
History:
1953 Comp., § 5-4-34, enacted by Laws 1961, ch. 240, § 7; 1963, ch. 200, § 3; 1967, ch. 181, § 3; 1983, ch. 301, § 21.
ANNOTATIONS
Cross references.
— For the Public Records Act,
see
Chapter 14, Article 3 NMSA 1978.
Rules adopted by board may not abridge statutory rights and duties.
— The board has the statutory authority to adopt rules; however, the rules adopted may not abridge the rights or duties imposed by statute.
State ex rel. N.M. State Highway Dep't v. Silva
, 1982-NMCA-121, 98 N.M. 549, 650 P.2d 833.
Board acts in quasi-judicial capacity in hearing appeals.
— In hearing administrative appeals by employees from agency action, as distinguished from its function in adopting rules and creating policy, the state personnel board acts in a quasi-judicial capacity rather than a policy-making function.
Montoya v. Dep't of Fin. & Admin
., 1982-NMCA-051, 98 N.M. 408, 649 P.2d 476.
Collective bargaining authority.
— In New Mexico, there is an implied authority to bargain collectively in the public sector as an incident to the express grant of authority under the Personnel Act.
Local 2238 of AFSCME v. Stratton
, 1989-NMSC-003, 108 N.M. 163, 769 P.2d 76.
Effect of word "shall".
— The word "shall" in this section appears to place a mandatory duty upon the board to promulgate rules and regulations to effectuate the Personnel Act. 1964 Op. Att'y Gen. No. 64-22.
Classification under rule-making authority.
— Under the rule-making authority of this section and Section 10-9-13 NMSA 1978 the state personnel board has a limited and restricted right to classify as confidential certain portions of an individual's personnel file which would not otherwise be made available to the state unless on a confidential or restricted basis. 1964 Op. Att'y Gen. No. 64-19.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 197.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-11 - Board and office administratively attached to general services department.

The board and the state personnel office are administratively attached, as defined in the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978], to the general services department.
History:
1953 Comp., § 5-4-34.1, enacted by Laws 1977, ch. 247, § 47; 1983, ch. 301, § 22.