“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 […]
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 […]
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 […]
The secretary of finance and administration is authorized to administer oaths to persons who testify at such hearing. The secretary may compel the attendance of any person whose testimony may be required or needed at such hearing, and to compel the production of books, papers, documents, records and data necessary thereto. The official requesting the […]
ANNOTATIONS Repeals. — Laws 1979, ch. 281, § 7, repealed 10-5-5 NMSA 1978, relating to penalties.
After such hearing, the secretary of finance and administration shall have discretion to continue such suspension for any of the causes above numbered, and if such suspension is continued no salary shall be received by such official during such suspension unless reinstated by the order of the district court as hereinafter provided. History: 1953 Comp., […]
A. If after hearing before the secretary of finance and administration such suspension is continued, the person suspended shall have the right to appeal to the district court of the county where he was serving as an official within thirty days after entry of the order of suspension. B. Upon appeal, the court shall set […]
Whenever the secretary of finance and administration assumes control of any office as hereinabove provided, the secretary may assign any employee of the department of finance and administration to perform the duties of the official suspended by the secretary. The secretary of finance and administration may reinstate a suspended official of any local public body […]
A. Upon written order of suspension by the secretary of finance and administration, the official suspended shall immediately deliver to the secretary all money, records and other property of the office in his charge, for which the secretary shall give a receipt. B. If upon order of the secretary a suspended official of any local […]
