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 state holding positions brought into the service by the Personnel Act shall be continued in their positions as probationers until they have, not later than one year from the effective date of the Personnel Act, taken and passed a qualifying test prescribed by the director for the position held. An employee who fails to qualify shall be dismissed within thirty days after the establishment of an employment or promotion list for his position. Nothing in the Personnel Act shall preclude the reclassification or reallocation of any position held by an incumbent.
This section shall not apply to employees of the grant-in-aid agencies whose status as employees or probationers shall be recognized under rules to be promulgated by the board.
History: 1953 Comp., § 5-4-38, enacted by Laws 1961, ch. 240, § 11.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 60, 61, 64.
Structure 2021 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Section 10-9-2 - Purpose of act; enactment under constitution.
Section 10-9-4 - Coverage of service.
Section 10-9-7 - Certain rules changes requiring legislative approval.
Section 10-9-8 - Personnel board; appointment.
Section 10-9-9 - Board members; pay; meetings.
Section 10-9-10 - Board duties.
Section 10-9-11 - Board and office administratively attached to general services department.
Section 10-9-12 - Director duties.
Section 10-9-13 - Rules; adoption; coverage.
Section 10-9-13.1 - Legislative finding; purpose of act.
Section 10-9-13.2 - Veteran's preference.
Section 10-9-14 - Blind not barred from competitive examination; method of testing.
Section 10-9-15 - Duties of state officers and employers.
Section 10-9-16 - Status of present employees.
Section 10-9-17 - Certification of payroll.
Section 10-9-18 - Appeals by employees to the board.
Section 10-9-19 - Reduction in force.
Section 10-9-20 - Oaths; testimony; records; refusal.
Section 10-9-21 - Prohibited acts.
Section 10-9-22 - Unlawful acts prohibited.