The personnel board is created, and shall be composed of five members appointed by the governor and confirmed by the senate, who shall serve staggered terms of five years each with one board member's term expiring each year. No person shall be a member of the board or eligible for appointment to the board who is an employee in the service, holds political office or is an officer of a political organization.
History: 1953 Comp., § 5-4-32, enacted by Laws 1961, ch. 240, § 5; 1980, ch. 47, § 1.
Meaning of "political office". — Under the theory advanced by a Kentucky court, any person who is elected by the voters to a public office would be deemed holding a political office within the intent of Laws 1961, ch. 240, §§ 5 and 15 (this section and 10-9-21 NMSA 1978). This would be so even if the election were conducted along what is commonly known as nonpartisan lines rather than political party lines. The term "political office" applies to every elected public office within the state including, but not limited to state elected positions, county elected positions and municipal elected positions, even if conducted along nonpartisan lines. 1961 Op. Att'y Gen. No. 61-53.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 4, 15 et seq.
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.