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Section 10-9-1 – Short title.

Chapter 10, Article 9 NMSA 1978 may be cited as the “Personnel Act”. History: 1953 Comp., § 5-4-28, enacted by Laws 1961, ch. 240, § 1; 2009, ch. 76, § 1. ANNOTATIONS Compiler’s notes. — The term “this act”, referred to in this section, refers to Laws 1961, ch. 240, the provisions of which are […]

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 […]

Section 10-9-12 – Director duties.

The director shall: A. supervise all administrative and technical personnel activities of the state; B. act as secretary to the board; C. establish, maintain and publish annually a roster of all employees of the state, showing for each employee his division, title, pay rate and other pertinent data; D. make annual reports to the board; […]

Section 10-9-13 – Rules; adoption; coverage.

Rules promulgated by the board shall be effective when filed as required by law. The rules shall provide, among other things, for: A. a classification plan for all positions in the service; B. a pay plan for all positions in the service; C. competitive entrance and promotion tests to determine the qualifications, fitness and ability […]

Section 10-9-13.1 – Legislative finding; purpose of act.

The legislature finds that residents of the state are a valuable resource in state employment because of their dedication and commitment to the state they live in. Therefore, the purpose of this act [10-9-13, 10-9-13.1 NMSA 1978] is to encourage residents to remain in the state rather than moving out of state because of unsatisfactory […]

Section 10-9-13.2 – Veteran’s preference.

A. In establishing the list of eligibles for appointment, the board shall provide preference points for veterans honorably discharged from the armed forces of the United States. Veterans with a service-connected disability shall be awarded ten points over and above their regular test scores. Veterans without a service-connected disability shall be awarded five points over […]

Section 10-9-14 – Blind not barred from competitive examination; method of testing.

A. No agency or officer of the state or any of its political subdivisions shall prohibit, prevent, disqualify or discriminate against any blind person, otherwise qualified, from registering, taking or competing in a competitive entrance or promotion test for any position for which the blind person makes application. B. The state personnel board and all […]

Section 10-9-15 – Duties of state officers and employers.

All officers and employers of the state shall comply with the Personnel Act. All employers shall hire employees only from employment lists of applicants who meet prescribed minimum requirements and have passed the prescribed tests, provided by the director. All officers and employers shall furnish any records or information which the director or the board […]

Section 10-9-16 – Status of present employees.

All employees of the state holding positions brought into the classified service by the Personnel Act shall be continued in their positions and become regular employees without original examinations, if they have held the position for at least one year immediately prior to the effective date of the Personnel Act. All other employees of the […]

Section 10-9-17 – Certification of payroll.

No person shall make or approve payment for personnel services to any person in the service, unless the payroll voucher or account of the pay is certified by the director that the person being paid was employed in accordance with the Personnel Act. History: 1953 Comp., § 5-4-39, enacted by Laws 1961, ch. 240, § […]

Section 10-9-18 – Appeals by employees to the board.

A. An employee who is dismissed, demoted or suspended may, within thirty days after the dismissal, demotion or suspension, appeal to the board. The appealing employee and the agency whose action is reviewed have the right to be heard publicly and to present facts pertinent to the appeal. B. An applicant denied permission to take […]

Section 10-9-19 – Reduction in force.

Whenever an employee is terminated by an employer in a reduction in force by the employer, the terminated employee shall be rehired by that employer if the same or a comparable position becomes available in an increase of force within six months after the termination. History: 1953 Comp., § 5-4-40.1, enacted by Laws 1963, ch. […]

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 […]

Section 10-9-20 – Oaths; testimony; records; refusal.

The board has the power to administer oaths, subpoena witnesses and compel the production of books and papers pertinent to any investigation or hearing authorized by the Personnel Act. Refusal to testify before the board on matters pertaining to personnel is grounds for dismissal from the service. History: 1953 Comp., § 5-4-41, enacted by Laws […]

Section 10-9-21 – Prohibited acts.

A. No employer shall dismiss an employee for failure or refusal to pay or promise to pay any assessment, subscription or contribution to any political organization or candidate; however, nothing contained in this section shall prevent voluntary contributions to political organizations. B. No person in the personnel office or employee in the service shall hold […]

Section 10-9-22 – Unlawful acts prohibited.

It is unlawful to: A. make any false statement, certificate, mark or rating with regard to any test, certification or appointment made under the Personnel Act; B. directly or indirectly give, pay, offer, solicit or accept any money or other valuable consideration or secure or furnish any special or secret information for the purpose of […]

Section 10-9-23 – Penalties.

Any person wilfully violating any provision of the Personnel Act or the rules of the board is guilty of a misdemeanor. In addition to the criminal penalties, a person found guilty of a misdemeanor under the Personnel Act is ineligible for appointment to or employment in a position in the service, and forfeits his office […]

Section 10-9-24 – Existing rules.

Existing personnel rules, policies and pay plans for employees of the state shall govern until new rules, policies and pay plans are established under the Personnel Act. History: 1953 Comp., § 5-4-45, enacted by Laws 1961, ch. 240, § 18.

Section 10-9-25 – Federal funds and assistance.

When the provisions of any laws of the United States, or any rule, order, or regulation of any federal agency or authority providing federal funds for use in New Mexico, either directly or indirectly or as a grant-in-aid, to be matched or otherwise, impose as a condition for the receipt of such funds, other or […]