The officer, agent, employee, board or other agency of the state of New Mexico, or of its departments, agencies, counties, municipalities or political subdivisions, who is by law authorized to fill ordinary vacancies in the public office or employment so temporarily abandoned as provided in Section 1 [10-6-1 NMSA 1978] hereof is hereby authorized, empowered and directed to appoint to the public office or employment, so abandoned as provided in Section 1 hereof, another person who shall receive the salary and perform the duties thereof until, but only until, the former incumbent shall have been relieved from active duty in the armed services and shall have resumed the personal discharge of the duties of such public office or employment.
History: 1941 Comp., § 10-339, enacted by Laws 1943, ch. 123, § 2; 1953 Comp., § 5-3-39.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 135, 145, 164, 177 to 179.
67 C.J.S. Officers and Public Employees §§ 74 to 79, 100.
Structure New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 6 - Abandonment of Public Office or Employment
Section 10-6-1 - [Effect of public officer or employee entering military service.]
Section 10-6-2 - [Temporary appointments.]
Section 10-6-3 - [Permanent abandonment of office, what constitutes.]
Section 10-6-4 - [Filling vacancy when office permanently abandoned.]
Section 10-6-5 - Definition of incompatible office; service and employment.