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 of New Mexico, as amended.
History: 1953 Comp., § 5-4-29, enacted by Laws 1961, ch. 240, § 2; 1963, ch. 200, § 1.
Purpose and interpretation of Personnel Act. — The Personnel Act has for its basic purpose the furtherance of economy and efficiency in state government. To achieve this purpose and implement the objectives of the act, the provisions providing for the right of an administrative hearing and judicial review should not be narrowly interpreted so as to restrict such a view. Montoya v. Dep't of Fin. & Admin., 1982-NMCA-051, 98 N.M. 408, 649 P.2d 476.
Legislative intent. — In enacting the Personnel Act it was the desire of the legislature to insulate in some manner the paid state employee from the whims and caprice of the political election so as to provide continuity of government in a changing environment. 1964 Op. Att'y Gen. No. 64-7.
Legislature intended balance between internal and statewide administration. — The legislature intended to strike a balance between the inherent power of a state agency or department to act administratively to adjust or organize itself internally so as to more effectively and efficiently carry out its duties, and the statutory objective of establishing and creating an effective system of state personnel administration. 1963 Op. Att'y Gen. No. 63-33.
Ability of government to be enhanced. — The legislature wished to enhance the ability of government by insuring that the "sifting system" of the public election be replaced by objective examinations to assure that competent citizens are initially selected for the "insulated" positions. 1964 Op. Att'y Gen. No. 64-7.
Merit system provided. — The Personnel Act provides for a merit system, but not a seniority system. 1965 Op. Att'y Gen. No. 65-78A.
State agencies not to engage in collective bargaining. — A collective bargaining agreement between the division of vocational rehabilitation and the American Federation of State, County and Municipal Employees is void, as it is illegal for state agencies governed by the provisions of this article to engage in collective bargaining. 1987 Op. Att'y Gen. No. 87-56.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Refusal to submit to polygraph examination as ground for discharge or suspension of public employees or officers, 15 A.L.R.4th 1207.
81A C.J.S. States § 86.
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.