2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 1 - General Provisions › Section 23-1-1 - [Rules and regulations; equipment; employees.]

The boards of each of said institutions shall have power, and it shall be their duty, to pass and enforce bylaws, rules and regulations for the government of such institutions, for the proper carrying out of their several objects, not in conflict with the laws of the state of New Mexico, or any act of congress, and to provide all proper and necessary books, apparatus, instruments, medicines, clothing, food and supplies, and other materials or things necessary for the proper conduct of the several institutions hereinbefore named and the care, support and protection of the inmates thereof when necessary; also to employ all teachers, physicians, wardens or superintendents and employes [employees], and to prescribe the duties and compensation of each, and they shall have full power to remove or discharge any officer or employe [employee] appointed or selected by them in any of such institutions, when in their judgment the interest of such institution shall require.
History:
Laws 1903, ch. 2, § 7; Code 1915, § 5110; C.S. 1929, § 130-607; 1941 Comp., § 5-102; 1953 Comp., § 13-3-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— This section and 13-3-1, 1953 Comp., now compiled as 21-5-2 NMSA 1978, originally were enacted by Laws 1903, ch. 2, which created the New Mexico asylum for the deaf and dumb, the New Mexico reform school, the New Mexico institute for the blind and the miners' hospital of New Mexico. The government of such institutions is now controlled by the constitution of New Mexico and supplementary laws. This section may be superseded by 21-6-1 NMSA 1978, relating to powers and authority of the board of regents of the New Mexico school for the deaf, 21-5-2 NMSA 1978, relating to the management of the New Mexico school for the visually handicapped and by 23-3-2 to 23-3-4 NMSA 1978, relating to the board of trustees of the miners' hospital.
Laws 1903, ch. 2, §§ 1 to 4, refer to the New Mexico asylum for the deaf and dumb, the New Mexico reform school, the New Mexico institute for the blind and the miners' hospital of New Mexico. The first three of these institutions are now known as the New Mexico school for the deaf, at Sante Fe; the New Mexico boys' school, at Springer; and the New Mexico school for the visually handicapped, at Alamogordo.
See
N.M. Const., art. XII, § 11 and art. XIV, § 1.
Cross references.
— For exemptions from income tax,
see
7-2-4 NMSA 1978.
Employee must comply with internal grievance procedures.
— An employee must substantially comply with mandatory internal grievance procedures contained in an employee manual or handbook before filing suit for breach of contract claims based on an alleged failure of an employer to follow its employment policies.
Lucero v. Bd. of Regents of UNM
, 2012-NMCA-055, 278 P.3d 1043, cert. denied, 2012-NMCERT-004.
Where a university manager was terminated by the university; the manager did not follow the grievance process contained in the university's employee handbook by filing a grievance; the handbook governed the manager's employment with the university; and the manager filed an action in district court for breach of contract and wrongful termination alleging that the employee handbook created a contract and that the university breached the contract by failing to abide by the handbook's policies and procedures governing workplace performance, disciplinary action, a harassment-free workplace, employer-employee relations, progressive discipline and by disciplining the manager without just cause, the manager's claims were barred because the manager failed to exhaust the handbook's internal grievance procedures before filing the breach of contract action based on an alleged failure of the university to follow policies in the handbook.
Lucero v. Bd. of Regents of UNM
, 2012-NMCA-055, 278 P.3d 1043, cert. denied, 2012-NMCERT-004.
Power to adopt rules and regulations.
— By virtue of this section, the board of managers of the miners' hospital is empowered to adopt reasonable rules and regulations for the protection of the inmates, and to expel patients who refuse to comply with the regulations. 1917 Op. Att'y Gen. No. 17-1966.
Liability of board for negligence.
— While the members of the board of the New Mexico school for the deaf and the institution cannot be held liable for negligence in the promulgation of rules and regulations and ensuing misfortunes and accidents, if they make negligent or malicious determinations in individual cases and accidents result which are the sole, direct and proximate results of such determinations, it is possible that they may be held personally liable. The circumstances of each case will be the basis for ascertaining whether there has been negligence. 1960 Op. Att'y Gen. No. 60-221.
Miners' hospital board has power to remove or discharge any employee,
but it must exercise this power in accordance with the rules promulgated by the personnel board. 1964 Op. Att'y Gen. No. 64-130.
Including physician.
— The miners' hospital board may dismiss a physician in their employment for not abiding by the rules and regulations of the hospital board, but the physician has the right to appeal the dismissal to the personnel board. 1964 Op. Att'y Gen. No. 64-130.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Denial by hospital of staff privileges or referrals to physician or other health care practitioner as violation of Sherman Act (15 USCS § 1 et seq.), 89 A.L.R. Fed. 419.