reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-1 - [Sureties on bonds; qualifications.]

No bond of any public officer of this state executed by any individual, or firm as surety, shall be accepted or approved unless the persons or firm executing the same shall be the owners of unencumbered real estate or personal property in this state to an amount equal to the amount for which they respectively qualify on such bonds.
History:
Laws 1909, ch. 122, § 2; Code 1915, § 511; C.S. 1929, § 17-107; 1941 Comp., § 10-201; 1953 Comp., § 5-2-1.
ANNOTATIONS
Cross references.
— For amount of bonds of state, county, and municipal treasurers,
see
6-10-38 NMSA 1978.
For supreme court law library, librarian, bond,
see
18-1-8 NMSA 1978.
For commissioner of public lands, bond,
see
19-1-4 NMSA 1978.
For corporation as surety on bond,
see
46-6-1 NMSA 1978.
Elements of public office.
— Five elements are indispensable in any position of public employment, in order to make it a public office of a civil nature: (1) It must be created by the constitution or by the legislature or created by a municipality or other body through authority conferred by the legislature; (2) it must possess a delegation of a portion of the sovereign power of government, to be exercised for the benefit of the public; (3) the powers conferred, and the duties to be discharged, must be defined, directly or impliedly, by the legislature or through legislative authority; (4) the duties must be performed independently and without control of a superior power, other than the law, unless they be those of an inferior or subordinate office, created or authorized by the legislature, and by it placed under the general control of a superior officer or body; (5) it must have some permanency and continuity, and not be only temporary or occasional. In addition, in this state, an officer must take and file an official oath, hold a commission or other written authority, and give an official bond, if the latter be required by proper authority. 1956 Op. Att'y Gen. No. 56-6396.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Officers and Employees §§ 487 to 566.
67 C.J.S. Officers and Public Employees § 47.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-2 - [County or district officer not to be surety for another official.]

No county or district officer shall be in future surety on the official bond of another county officer, and no such officer who shall be required to give bond shall be considered as qualified, if any other of the officers above mentioned shall give such bond.
History:
Laws 1882, ch. 34, § 1; C.L. 1884, § 501; C.L. 1897, § 843; Code 1915, § 512; C.S. 1929, § 17-108; 1941 Comp., § 10-202; 1953 Comp., § 5-2-2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 47.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-3 - [State and county officers prohibited from being sureties.]

It shall be unlawful for any state or county officer who is required by law to give official bonds to sign any bond or become surety for any other person or persons during the term for which he is required to give official bonds for himself.
History:
Laws 1903, ch. 57, § 1; Code 1915, § 513; C.S. 1929, § 17-109; 1941 Comp., § 10-203; 1953 Comp., § 5-2-3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 47.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-4 - [Public officer becoming surety; misdemeanor in office.]

Any violation of the preceding section [10-2-3 NMSA 1978] shall constitute a misdemeanor in office.
History:
Laws 1903, ch. 57, § 2; 1905, ch. 85, § 1; Code 1915, § 514; C.S. 1929, § 17-110; 1941 Comp., § 10-204; 1953 Comp., § 5-2-4.
ANNOTATIONS
Compiler's notes.
— The compilers of the 1915 Code substituted "preceding section" for "provisions of this act" and omitted a provision subjecting the offender to summary removal from office by the governor.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 47.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-5 - [Recording of bonds required.]

The bonds given by all persons elected or appointed to office in this state shall be recorded.
History:
Laws 1893, ch. 56, § 1; C.L. 1897, § 3187; Code 1915, § 515; C.S. 1929, § 17-111; 1941 Comp., § 10-205; 1953 Comp., § 5-2-5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 47.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-6 - [Record of official bonds of state and district officers.]

The bonds of all state and district officers shall be recorded in a record book to be provided for that purpose, and known as the record of official bonds, in the office of the secretary of state.
History:
Laws 1893, ch. 56, § 2; C.L. 1897, § 3188; Code 1915, § 516; C.S. 1929, § 17-112; 1941 Comp., § 10-206; 1953 Comp., § 5-2-6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 47.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-7 - [Filing of bonds by officials of state and state agencies.]

The bonds of all state officials, and of the members of all state boards and institutions, after having been recorded as required by law, shall be filed and kept in the office of the secretary of state; and all state bonds now filed elsewhere shall be transferred to the office of the secretary.
History:
Laws 1905, ch. 59, § 1; Code 1915, § 517; C.S. 1929, § 17-113; 1941 Comp., § 10-207; 1953 Comp., § 5-2-7.
ANNOTATIONS
Cross references.
— For director and officers and employees of financial institutions division, bonds,
see
58-1-33 NMSA 1978.
For board of dental health care,
see
61-5A-8 NMSA 1978.
For board of medical examiners, bond of secretary-treasurer,
see
61-6-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 47.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-8 - County and precinct officers; recording and filing bonds.

The bonds of all county officers and constables shall be recorded in the office of the county clerk in a book designated as the record of official bonds. After having been recorded, the bonds shall be filed and kept in the office of the county clerk.
History:
Laws 1893, ch. 56, § 3; C.L. 1897, § 3189; Code 1915, § 518; C.S. 1929, § 17-114; 1941 Comp., § 10-208; 1953 Comp., § 5-2-8; Laws 1967, ch. 238, § 2.
ANNOTATIONS
Cross references.
— For county commissioners, assessor, clerk, sheriff, surveyor, treasurer, probate judge, flood commissioner, and small claims court clerk,
see
10-1-13 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 43.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-9 - [Recording as prerequisite to discharging duties of office.]

Each and every person who may hereafter be elected or appointed to office in this state, required by law to give bond, shall file the same for record before entering upon the discharge of the duties of the office.
History:
Laws 1893, ch. 56, § 5; C.L. 1897, § 3190; Code 1915, § 519; C.S. 1929, § 17-115; 1941 Comp., § 10-209; 1953 Comp., § 5-2-9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 43.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-10 - [Action on bond; use of certified copy.]

In all actions at law upon the bond of any officer in this state wherein the original bond of such officer cannot be produced in court, the certified copy thereof, under the seal of the officer making the record, shall be received by any court for the same uses and purposes as the original bond; and any judgment rendered and execution issued against the principal and sureties therein shall be as valid and binding and of as full force and effect as if the original bond had been produced in court in said action at law.
History:
Laws 1893, ch. 56, § 6; C.L. 1897, § 3191; Code 1915, § 520; C.S. 1929, § 17-116; 1941 Comp., § 10-210; 1953 Comp., § 5-2-10.
ANNOTATIONS
Cross references.
— For enforcement of collection of bond,
see
6-10-38 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
What constitutes action on bond, executed under law of United States, so as to be within Federal District Court's jurisdiction under 28 USCS § 1352, 105 A.L.R. Fed. 716.
67 C.J.S. Officers and Public Employees § 307.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-11 - [Recording fees; payment by officer.]

The county clerk of each of the several counties shall be entitled to a fee of two dollars and fifty cents ($2.50) for filing and recording each bond of a county officer, and one dollar [($1.00)] for filing and recording each bond of a precinct officer; the fees for such filing and record to be paid by the officer filing the same, at the time of such filing.
History:
Laws 1893, ch. 56, § 7; C.L. 1897, § 3192; Code 1915, § 521; C.S. 1929, § 17-117; 1941 Comp., § 10-211; 1953 Comp., § 5-2-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— This section has been partly superseded by 14-8-12 NMSA 1978, which requires a fee of $2.50 for the recording of any official bond.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 43.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-13 - Short title.

Sections 10-2-13 through 10-2-16 NMSA 1978 may be cited as the "Surety Bond Act".
History:
1953 Comp., § 5-2-13, enacted by Laws 1978, ch. 132, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 132, § 1, repealed 5-2-13, 1953 Comp. (former 10-2-13 NMSA 1978), relating to the short title, and enacted the above section.
Requiring excess bonds.
— The state board of education may not, pursuant to the terms of Section 22-2-7 NMSA 1978, require that the state superintendent of public instruction and designated employees of the state department of education obtain bonds in excess of those obtained pursuant to this act. 1987 Op. Att'y Gen. 87-42.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-14 - Definitions.

As used in the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978]:
A. "department" means the general services department;
B. "director" means the director of the risk management division of the department;
C. "employee" means any officer or employee of the state, including elected or appointed officials and persons acting on behalf or in service of a state agency in any official capacity whether with or without compensation, but the term does not include an independent contractor;
D. "secretary" means the secretary of general services;
E. "state agency" means the state or any of its branches, agencies, departments, boards, instrumentalities or institutions;
F. "surety bond coverage" means:
(1) a schedule or blanket corporate surety bond payable to the state and conditioned on the faithful performance of the duties of each employee during his employment or term of office or until his successor is elected or appointed and is qualified and on a proper accounting for all money and property in his official capacity as a state employee; or
(2) a certificate of surety bond coverage issued by the director covering all or any part of the risk set forth in Paragraph (1) of this subsection; and
G. "covered educational entity" means a school district as defined in Section 22-1-2 NMSA 1978 or an educational institution established pursuant to Chapter 21, Article 13, 16 or 17 [repealed] NMSA 1978 which requests and is granted surety bond coverage from the risk management division of the general services department, if the coverage is commercially unavailable; except that coverage shall be provided to a school district only through the public school group insurance authority or its successor unless the district has been granted a waiver by the authority or the authority is not offering the coverage for the fiscal year for which the division offers its coverage. A local school district to which the division may provide coverage may provide for marketing and servicing to be done by licensed insurance agents who shall receive reasonable compensation for their services.
History:
1953 Comp., § 5-2-14, enacted by Laws 1978, ch. 132, § 2; 1984, ch. 49, § 1; 1986, ch. 102, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 132, § 2, repealed 5-2-14, 1953 Comp. (former 10-2-14 NMSA 1978), relating to definitions used in the Surety Bond Act, and enacted a new 10-2-14 NMSA 1978.
Compiler's notes.
— Chapter 21, Article 17 NMSA 1978, referenced in Subsection G, was repealed by Laws 1999, ch. 219, effective July 1, 1999.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-15 - Surety bond coverage.

A. The department shall provide surety bond coverage for all employees. Whenever an employee is required by another law to post bond or surety as a prerequisite to entering employment or assuming office, the requirement is met when coverage is provided for the office or position under the provisions of the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978]. Notwithstanding any other provisions of law, no state agency or employee shall purchase any employee surety bond other than pursuant to the provisions of the Surety Bond Act.
B. The secretary shall prescribe the amount of surety bond coverage by class of employee.
C. All or any part of the amount of surety bond coverage prescribed by the secretary may be covered by a schedule or blanket corporate surety bond.
D. The department may provide coverage for employees of covered educational entities through insurance, self-insurance or a combination thereof.
History:
1953 Comp., § 5-2-15, enacted by Laws 1978, ch. 132, § 3; 1986, ch. 102, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 132, § 3, repealed 5-2-15, 1953 Comp. (former 10-2-15 NMSA 1978), relating to surety bonds required, and enacted a new 10-2-15 NMSA 1978.
Intent to cover all state officers and employees.
— This section, by its language, "Notwithstanding any other provision of law," evidences legislative intent that the Surety Bond Act controls surety bond coverage of all state officers and employees. 1987 Op. Att'y Gen. No. 87-42.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 43.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 2 - Bonds › Section 10-2-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1978, ch. 132, § 6, repealed 5-2-17, 1953 Comp. (10-2-17 NMSA 1978), relating to bonds required under other laws, effective March 6, 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 3 - Vacancies in Local Offices › Section 10-3-2 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1993, ch. 226, § 53A recompiled 10-3-2 NMSA 1978, as amended by Laws 1979, ch. 335, § 2, relating to vacancies on local school boards, as 22-5-12 NMSA 1978, effective July 1, 1993.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-3 - [Grand jury accusation.]

An accusation in writing against any officer belonging to the class of officers mentioned in Section 10-4-1 NMSA 1978, charging any of the matters mentioned in this chapter as sufficient ground for removal, may be presented by the grand jury to the district court of the county in or for which the officer accused is elected.
History:
Laws 1909, ch. 36, § 4; Code 1914, § 3957; C.S. 1929, § 96-108; 1941 Comp., § 10-305; 1953 Comp., § 5-3-5.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
When order to show cause necessary.
— A citation or order to an officer to show cause why he should not be suspended from office until final determination of removal proceeding is necessary before the court has power to proceed to hear the matter of suspension.
State ex rel. Delgado v. Leahy
, 1924-NMSC-077, 30 N.M. 221, 231 P. 197.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 510.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-4 - [Form of accusation.]

The accusation must state the offense charged in ordinary and concise language without repetition and in such manner as to enable a person of common understanding to know what is intended.
History:
Laws 1909, ch. 36, § 5; Code 1915, § 3958; C.S. 1929, § 96-109; 1941 Comp., § 10-306; 1953 Comp., § 5-3-6.
ANNOTATIONS
Strict formality inapplicable.
— Strict formality customarily required in the case of indictments or informations does not apply to accusation under this section.
State ex rel. Mansker v. Leib
, 20 N.M. 619, 151 P. 766 (1915).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Divorce and separation: goodwill in medical or dental practice as property subject to distribution on dissolution of marriage, 76 A.L.R.4th 1025.
20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 514.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-5 - [Presentment of grand jury accusation; service on defendant; return day.]

The accusation must be presented in open court, and the judge, after receiving the same, must forthwith cause it to be transmitted to the district attorney who must cause a copy thereof to be served upon the defendant and require by written notice that such defendant appear before the district court at a date to be named in the notice, which shall be not less than five nor more than ten days after service of a copy of such notice, and answer the accusation.
History:
Laws 1909, ch. 36, § 6; Code 1915, § 3959; C.S. 1929, § 96-110; 1941 Comp., § 10-307; 1953 Comp., § 5-3-7.
ANNOTATIONS
Cross references.
— For procedure for suspension from office,
see
10-4-20 NMSA 1978.
For process,
see
Rule 1-004 NMRA.
For service,
see
Rule 1-005 NMRA.
Citation or order to show cause necessary.
— A citation or order to an officer to show cause why he should not be suspended from office until final determination of a removal proceeding is necessary before the court has power to proceed to hear the matter of suspension. State ex rel.
Delgado v. Leahy
, 1924-NMSC-077, 30 N.M. 221, 231 P. 197.
Substitute service.
— In proceedings for the suspension and removal of county commissioner, service may be had in the absence of the accused, by delivering copy of citation to a person over 15 years of age, residing at his usual place of abode.
State ex rel. Leyba v. District Court of the Fourth Judicial Dist
., 1928-NMSC-051, 33 N.M. 527, 270 P. 797.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 513.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-6 - [Defendant's appearance or default.]

The defendant must appear at the time appointed in the notice and answer the accusation unless for sufficient cause the court has assigned another date for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence.
History:
Laws 1909, ch. 36, § 7; Code 1915, § 3960; C.S. 1929, § 96-111; 1941 Comp., § 10-308; 1953 Comp., § 5-3-8.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 175, 176.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-7 - [Defendant's answer; grounds.]

The defendant may answer the accusation either by objecting to the sufficiency thereof, or any portion thereof, or by denying the truth of the same.
History:
Laws 1909, ch. 36, § 8; Code 1915, § 3961; C.S. 1929, § 96-112; 1941 Comp., § 10-309; 1953 Comp., § 5-3-9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 176, 177.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-8 - [Objection for insufficiency; form immaterial.]

If he objects to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it represents intelligibly the ground of the objection.
History:
Laws 1909, ch. 36, § 9; Code 1915, § 3962; C.S. 1929, § 96-113; 1941 Comp., § 10-310; 1953 Comp., § 5-3-10.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 177.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-9 - [Criminal procedure made applicable.]

All matters of procedure not otherwise provided for in this chapter shall be governed by the laws governing criminal procedure.
History:
Laws 1909, ch. 36, § 10; Code 1915, § 3963; C.S. 1929, § 96-114; 1941 Comp., § 10-311; 1953 Comp., § 5-3-11.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Removal action is civil proceeding.
— An action for the removal of an officer from office under the provisions of this act is a civil and not a criminal proceeding.
State ex rel. Mitchell v. Medler
, 1913-NMSC-025, 17 N.M. 644, 131 P. 976.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Injunction as remedy against removal, 34 A.L.R.2d 554.
67 C.J.S. Officers and Public Employees § 176.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-10 - [Guilty plea; judgment; denial or refusal to plead; trial.]

If the defendant pleads guilty, the court must render judgment of conviction against him. If he denied the matters charged or refuses to answer the accusation, the court must immediately, or at such time as it may appoint, proceed to try the accusation.
History:
Laws 1909, ch. 36, § 11; Code 1915, § 3964; C.S. 1929, § 96-115; 1941 Comp., § 10-312; 1953 Comp., § 5-3-12.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 177.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-11 - [Precedence in trial.]

As soon as the case is at issue, it must be immediately set down for trial and shall have precedence over all other cases on the docket.
History:
Laws 1909, ch. 36, § 12; Code 1915, § 3965; C.S. 1929, § 96-116; 1941 Comp., § 10-313; 1953 Comp., § 5-3-13.
ANNOTATIONS
Preemption not absolute.
— These provisions are not absolutely peremptory, but secure to the public and the defendant a preference of right of trial over other cases.
State ex rel. Mitchell v. Medler
, 1913-NMSC-025, 17 N.M. 644, 131 P. 976.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 177.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-12 - [Jury trial required; procedure.]

The trial must be by jury and conducted in all respects in the same manner as a trial on an information or indictment for a misdemeanor.
History:
Laws 1909, ch. 36, § 13; Code 1915, § 3966; C.S. 1929, § 96-117; 1941 Comp., § 10-314; 1953 Comp., § 5-3-14.
ANNOTATIONS
Generally.
— The provision of this section as to the conduct of the trial was designed to throw around the defendant the same safeguards with which the law clothes a defendant in a criminal action.
State ex rel. Mansker v. Leib
, 20 N.M. 619, 151 P. 766 (1915);
State ex rel. Mitchell v. Medler
, 1913-NMSC-025, 17 N.M. 644, 131 P. 976.
Citation or order to show cause necessary.
— A citation or order to show cause is necessary before the court has the power to proceed to hear the matter.
State ex rel. Delgado v. Leahy
, 1924-NMSC-077, 30 N.M. 221, 231 P. 197.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 177.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-13 - [Verdict; form.]

The form of verdict of the jury in such cases shall be "guilty" or "not guilty".
History:
Laws 1909, ch. 36, § 14; Code 1915, § 3967; C.S. 1929, § 96-118; 1941 Comp., § 10-315; 1953 Comp., § 5-3-15.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 515.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-14 - [Judgment of removal; entry.]

Upon a conviction the court must pronounce judgment that the defendant be removed from office; and the judgment must be entered upon the minutes assigning therein the causes of removal.
History:
Laws 1909, ch. 36, § 15; Code 1915, § 3968; C.S. 1929, § 96-119; 1941 Comp., § 10-316; 1953 Comp., § 5-3-16.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 515.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-15 - [Attendance of witnesses.]

The district attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon a trial of an information or indictment.
History:
Laws 1909, ch. 36, § 16; Code 1915, § 3969; C.S. 1929, § 96-120; 1941 Comp., § 10-317; 1953 Comp., § 5-3-17.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 176.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-16 - [Appeal; suspension pending reversal; filling vacancy.]

From a judgment of removal, appeal may be taken to the supreme court in the same manner as from a judgment in a civil action, but until such judgment is reversed, the defendant is suspended from his office, and pending the appeal, the office must be filled as in case of vacancy.
History:
Laws 1909, ch. 36, § 17; Code 1915, § 3970; C.S. 1929, § 96-121; 1941 Comp., § 10-318; 1953 Comp., § 5-3-18.
ANNOTATIONS
Removal and suspension proceedings separate and distinct.
— A proceeding for suspension and one for removal are separate and distinct, and each requires its own citation as a basis for jurisdiction, although the former is auxiliary to the latter.
State ex rel. Delgado v. Leahy
, 1924-NMSC-077, 30 N.M. 221, 231 P. 197.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 517.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-17 - [Presentment of accusation by district attorney; vacation; no grand jury in county.]

The accusation provided for in this chapter may be presented by the district attorney to the judge in vacation or term time at any time when, under the provisions of law there will be no grand jury in the county where the same is presented, for a period of at least twenty days after the presentment of such accusation.
History:
Laws 1909, ch. 36, § 18; Code 1915, § 3971; C.S. 1929, § 96-122; 1941 Comp., § 10-319; 1953 Comp., § 5-3-19.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Cross references.
— For grand jury accusation,
see
10-4-3 NMSA 1978.
Jurisdiction of district attorney limited.
— The jurisdiction of the district attorney to present the accusation provided for is limited by this section.
State v. Awalt
, 1916-NMSC-020, 21 N.M. 510, 156 P. 407.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 514.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-18 - [Duty of district attorney on receipt of evidence.]

Whenever sworn evidence is presented to the district attorney showing that any of the officers of the class provided for in this chapter are guilty of any of the matters herein mentioned as causes for removal, he must present the accusation to the court as provided in the next preceding section [10-4-17 NMSA 1978].
History:
Laws 1909, ch. 36, § 19; Code 1915, § 3972; C.S. 1929, § 96-123; 1941 Comp., § 10-320; 1953 Comp., § 5-3-20.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Generally.
— It is the duty of the district attorney to bring matter of complaint to attention of court by statement of the offense in ordinary and concise language, without repetition, and in such manner as to enable a person of common knowledge to know what is intended, and support such statement by the affidavit or affidavits of those having knowledge of the facts upon which cause for removal is based.
State ex rel. Mansker v. Leib
, 1915-NMSC-071, 20 N.M. 619, 151 P. 766.
Filing accusation.
— The district attorney cannot proceed in the matter of removal of county officials under this act (Sections 10-3-1, 10-4-1 to 10-4-29 NMSA 1978), unless sworn evidence has been presented to him, and unless he files an accusation supported by affidavit or affidavits, at a time when the grand jury of the county would not be in session within a period of twenty days, or at a time when the grand jury was not actually in session.
State v. Awalt
, 1916-NMSC-020, 21 N.M. 510, 156 P. 407.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 176.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-19 - [Presentment by district attorney; supporting affidavits; procedure.]

When the accusation is presented by the district attorney as provided in the preceding section [10-4-18 NMSA 1978], the same must be supported by sworn affidavit or affidavits, and the court must forthwith investigate the matter, and if a jury is in attendance at the time such accusation is presented, the court must order a citation to the defendant and thenceforth the case must proceed as provided in this chapter where the accusation is by a grand jury.
History:
Laws 1909, ch. 36, § 20; Code 1915, § 3973; C.S. 1929, § 96-124; 1941 Comp., § 10-321; 1953 Comp., § 5-3-21.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Cross references.
— For presentment of grand jury accusation,
see
10-4-5 NMSA 1978.
Amended verification prohibited.
— Where the verification of an accusation for the removal of a public officer is held insufficient by the trial court within twenty days of the time for the grand jury to meet, or while it is in session, the matter should be presented, and it is error to permit amended verifications.
State v. Awalt
, 1916-NMSC-020, 21 N.M. 510, 156 P. 407.
Accusation distinguished from information.
— Accusation to be presented to the court by the district attorney may be one based upon information of others and not a formal charge upon information of the district attorney.
State ex rel. Mansker v. Leib
, 1915-NMSC-071, 20 N.M. 619, 151 P. 766.
Citation or order to show cause necessary.
— Under the provisions of Section 10-4-5 NMSA 1978, a citation or order to an officer to show cause why he should not be suspended from office until final determination of a removal proceeding is necessary before the court has the power to proceed to hear the matter of suspension.
State ex rel. Delgado v. Leahy
, 1924-NMSC-077, 30 N.M. 221, 231 P. 197.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 512.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-20 - [Procedure for suspension from office.]

If the accusation provided in this chapter, to be presented by the district attorney, is presented at a time when there is no jury in attendance or is presented to the court in vacation, the court, if it deems such action necessary, after ordering a citation to the defendant as provided in the next preceding section [10-4-19 NMSA 1978], may, on application of the district attorney, also order the defendant to appear at a time not less than five nor more than fifteen days after service of such order and at such place as may be mentioned in the order, to show cause why he should not be suspended from office until the matters and things alleged in the accusation have been judicially determined under the provisions of this chapter.
History:
Laws 1909, ch. 36, § 21; Code 1915, § 3974; C.S. 1929, § 96-125; 1941 Comp., § 10-322; 1953 Comp., § 5-3-22.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Cross references.
— For presentment of accusation by district attorney,
see
10-4-17 NMSA 1978.
For deputy sheriff's commission being revoked by district judge,
see
4-41-8 NMSA 1978.
Citation or order necessary.
— A citation or order to an officer to show cause why he should not be suspended from office until final determination of a removal proceeding is necessary before the court has power to proceed to hear the matter of suspension.
State ex rel. Delgado v. Leahy
, 1924-NMSC-077, 30 N.M. 221, 231 P. 197.
Proceedings for removal and suspension are separate and distinct,
and each requires its own citation as a basis for jurisdiction, although the latter is auxiliary to the former.
State ex rel. Delgado v. Leahy
, 1924-NMSC-077, 30 N.M. 221, 231 P. 197.
Jurisdiction of preliminary investigations.
— District courts are without jurisdiction to entertain preliminary investigations except as provided in this section and Section 10-4-25 NMSA 1978, and jurisdiction assumed outside of these sections is properly restrained by a writ of prohibition.
State ex rel. Harvey v. Medler
, 1914-NMSC-055, 19 N.M. 252, 142 P. 376.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 504.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-21 - [Order of suspension.]

On the date provided in the order, if the defendant appears and offers proof, the court must hear the testimony presented by the district attorney and the defendant, and if in the judgment of the court there is reasonable ground to believe that the matters and things stated in the accusation will be established upon a trial, he may forthwith enter an order suspending the officer until after final hearing.
History:
Laws 1909, ch. 36, § 22; Code 1915, § 3975; C.S. 1929, § 96-126; 1941 Comp., § 10-323; 1953 Comp., § 5-3-23.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 111.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-22 - [Effect of suspension order.]

The order of suspension shall operate to relieve the officer from all the duties of the office until the matter is finally determined, and he must forthwith vacate the office and turn over all moneys, books, papers and property belonging thereto to the party appointed to serve until such suspension is removed.
History:
Laws 1909, ch. 36, § 23; Code 1915, § 3976; C.S. 1929, § 96-127; 1941 Comp., § 10-324; 1953 Comp., § 5-3-24.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 108.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-23 - [Denial of motion to suspend; dismissal of proceedings.]

If the court concludes that there is not sufficient ground for suspending the officer, it may enter an order denying the motion to suspend him and hold the matter in statu quo until final hearing, or the court may, in its discretion, dismiss the proceedings.
History:
Laws 1909, ch. 36, § 24; Code 1915, § 3977; C.S. 1929, § 96-128; 1941 Comp., § 10-325; 1953 Comp., § 5-3-25.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 111.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-24 - [Default of defendant; effect.]

If the defendant fails to appear and answer the order to show cause why he should not be suspended, the court may proceed in his absence as in this chapter provided.
History:
Laws 1909, ch. 36, § 25; Code 1915, § 3978; C.S. 1929, § 96-129; 1941 Comp., § 10-326; 1953 Comp., § 5-3-26.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 111.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-25 - [Continuance; preliminary investigation required; suspension pending final adjudication.]

Nothing in this chapter shall operate to deprive any defendant of the right to a continuance in any case in which such right would attach in any criminal case as provided by law, but before any case shall be continued, upon application of the defendant, beyond the term of court at which the accusation is presented, or if such accusation is presented in vacation beyond the first term of court after presentment thereof the court may, upon application of the district attorney, make a preliminary investigation as provided in this chapter and suspend the officer, pending a final adjudication of the matters alleged in the accusation.
History:
Laws 1909, ch. 36, § 26; Code 1915, § 3979; C.S. 1929, § 96-130; 1941 Comp., § 10-327; 1953 Comp., § 5-3-27.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Jurisdiction of district courts.
— The act (Sections 10-3-1, 10-4-1 to 10-4-29 NMSA 1978) confers jurisdiction upon the district courts to make preliminary investigations and suspend an officer pending outcome of accusation, before continuance beyond the term of court.
State ex rel. Harvey v. Medler
, 1914-NMSC-055, 19 N.M. 252, 142 P. 376.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 111.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-26 - [Reinstatement of suspended officer.]

If upon final trial the defendant is found not guilty, he must be reinstated and the party serving during the time of his suspension must immediately vacate the office and return to the defendant all moneys, books, papers and other property in his hands as such officer.
History:
Laws 1909, ch. 36, § 27; Code 1915, § 3980; C.S. 1929, § 96-131; 1941 Comp., § 10-328; 1953 Comp., § 5-3-28.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 111, 114.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-27 - [Payment of salary after reinstatement; compensation of interim officer.]

If an officer has been suspended as provided in this chapter and reinstated after final trial, he shall receive pay for the entire time of his suspension, and the court may make an order to pay the officer serving during the time of such suspension, such reasonable compensation as his services warrant, which shall be paid out of a fund to be designated by the court.
History:
Laws 1909, ch. 36, § 28; Code 1915, § 3981; C.S. 1929, § 96-132; 1941 Comp., § 10-329; 1953 Comp., § 5-3-29.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Cross references.
— For suspension of officer,
see
10-4-25 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 114.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-28 - [Officer appointed for suspension period; oath and bond; filling vacancy after final removal.]

When any officer is suspended as provided in this act [chapter], the judge of said court shall appoint some qualified person to discharge the duties of such officer during the period of his suspension, which person shall take the oath and give the bond required of incumbents of such office, and in case the final judgment be for the removal of such accused officer before the expiration of his term, his successor shall be appointed in the manner provided by law for filling vacancies in such office.
History:
Laws 1909, ch. 36, § 29; Code 1915, § 3982; Laws 1915, ch. 21, § 1; C.S. 1929, § 96-133; 1941 Comp., § 10-330; 1953 Comp., § 5-3-30.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler to conform to the substitutions of "this chapter" for "this act" made by the 1915 Code compilers throughout this article. The bracketed insertion is not a part of the law.
Compiler's notes.
— The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 74 to 79, 108.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 4 - Removal of Local Officers › Section 10-4-29 - [Exclusive method of removal.]

No officer belonging to the class mentioned in Section 10-4-1 NMSA 1978 can be removed from office in any manner except according to the provisions of this chapter.
History:
Laws 1909, ch 36, § 30; Code 1915, § 3983; C.S. 1929, § 96-134; 1941 Comp., § 10-331; 1953 Comp., § 5-3-31.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Injunction as remedy against removal, 34 A.L.R.2d 554.
20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 506.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 5 - Suspension of Certain Officials › Section 10-5-1 - Definition.

"Official of any local public body" means every officer, deputy or employee of:
A. every political subdivision of the state of New Mexico;
B. the agencies, instrumentalities and institutions of every political subdivision of this state; and
C. charitable institutions for which appropriations are made by the legislature.
History:
1953 Comp., § 5-3-37.1, enacted by Laws 1957, ch. 254, § 1; 1979, ch. 281, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 2 to 4.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 5 - Suspension of Certain Officials › Section 10-5-2 - Power of secretary to suspend certain officials; grounds for suspension; secretary to take charge of office.

The secretary of finance and administration may summarily suspend any official of any local public body in all cases where an audit conducted by the state auditor, or by personnel of his office, or by an independent auditor employed or approved by the state auditor reveals any of the following:
A. a fraudulent misappropriation or embezzlement of public money;
B. fiscal management of an office resulting in violation of law or willful violation of the fiscal regulations of the department of finance and administration for every local public body; or
C. willful failure to perform any duty imposed by any law which the secretary of finance and administration is charged with enforcing.
Upon such suspension, the secretary of finance and administration may take charge of the office of the persons [person] suspended.
History:
1953 Comp., § 5-3-37.2, enacted by Laws 1957, ch. 254, § 2; 1977, ch. 247, § 37; 1979, ch. 281, § 2; 1980, ch. 151, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Scope includes county treasurer.
— Since the county treasurer is a salaried public official, the suspension provisions of this section are applicable to anyone holding that office.
Mata v. Montoya
, 1977-NMSC-078, 91 N.M. 20, 569 P.2d 946.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Rights of state and municipal public employees in grievance proceedings, 46 A.L.R.4th 912.
20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 504; 67 C.J.S. Officers and Public Employees §§ 108 to 111.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 5 - Suspension of Certain Officials › Section 10-5-3 - Hearing; testimony.

Within five days after such suspension or within such reasonable time as the person suspended may request, the secretary of finance and administration shall conduct a hearing for the person suspended. At such hearing the person suspended may show cause why such suspension should not be continued. The state auditor, and the employees of his office or the auditors employed by the state auditor to conduct the audit upon which suspension was based, shall appear at the hearing and give testimony.
History:
1953 Comp., § 5-3-37.3, enacted by Laws 1957, ch. 254, § 3; 1977, ch. 247, § 38; 1979, ch. 281, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 111.