A. A local superintendent shall not initially employ or approve the initial employment in any capacity of a person who is the spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law of a member of the local school board or the local superintendent. The local school board may waive the nepotism rule for family members of a local superintendent.
B. Nothing in this section shall prohibit the continued employment of a person employed on or before July 1, 2008.
History: 1953 Comp., § 77-4-3.1, enacted by Laws 1971, ch. 199, § 1; 1981, ch. 86, § 1; 2003, ch. 153, § 22; 2009, ch. 195, § 1.
The 2009 amendment, effective June 19, 2009, in Subsection A, after "daughter-in-law", added "brother, brother-in-law, sister or sister-in-law" and in Subsection B, changed March 1, 2003 to July 1, 2008.
The 2003 amendment, effective April 4, 2003, in Subsection A substituted "superintendent" for "school board" following "local" near the beginning and inserted "or the local superintendent. The local school board may waive the nepotism rule for family members of a local superintendent." at the end; and substituted "2003" for "1981" at the end of Subsection B.
Object of section is to prevent nepotism in initial hiring of school employees. The hiring of a teacher closely related to a member of the school board justifiably arouses public suspicion that the teacher was hired on the basis of relationship rather than merit. Such suspicions, however, relate only to the initial hiring of the teacher. There is no reason to suspect nepotism in the continued employment of a tenured teacher whose competency has been established by years of service, merely because a family member is elected to the school board at some time during the teacher's career. N.M. State Bd. of Educ. v. Board of Educ., 1981-NMSC-031, 95 N.M. 588, 624 P.2d 530 (decided prior to 1981 amendment).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and effect of state constitutional or statutory provision regarding nepotism in the public service, 11 A.L.R.4th 826.
Structure New Mexico Statutes
Article 5 - Local School Boards
Section 22-5-1 - Local school boards; members.
Section 22-5-1.1 - Local school board members; elected from districts.
Section 22-5-3 - School board membership; optional form.
Section 22-5-3.1 - Local school boards; reversion to five members.
Section 22-5-4 - Local school boards; powers; duties.
Section 22-5-4.2 - Child abuse; report coordination; confirmation.
Section 22-5-4.4 - School employees; reporting drug and alcohol use; release from liability.
Section 22-5-4.5 - Pledge of allegiance.
Section 22-5-4.6 - Recompiled.
Section 22-5-4.7 - Additional student discipline policies; weapon-free schools.
Section 22-5-4.8 - Area vocational high schools.
Section 22-5-4.9 - High school diplomas; World War II veterans.
Section 22-5-4.10 - High school diplomas; Korean conflict veterans.
Section 22-5-4.11 - Psychotropic medication; prohibition on compulsion.
Section 22-5-4.12 - Use of restraint and seclusion; techniques; requirements.
Section 22-5-4.14 - High school diplomas; Vietnam conflict veterans.
Section 22-5-5 - Compensation; prohibited employment.
Section 22-5-6 - Nepotism prohibited.
Section 22-5-7 - Officers; surety bonds.
Section 22-5-8 - Term of office.
Section 22-5-9 - Local school board vacancies.
Section 22-5-9.1 - Oath of office.
Section 22-5-10 - Publications; advertisements.
Section 22-5-11 - School district salary system.
Section 22-5-12 - Local school boards; vacant or vacated offices.
Section 22-5-13 - Local school board training.
Section 22-5-14 - Local superintendent; powers and duties.
Section 22-5-15 - Collaborative school improvement programs.
Section 22-5-16 - Advisory school councils; creation; duties.
Section 22-5-17 - Private use of school facilities; policy; insurance.
Section 22-5-18 - Local school board authority over who may carry a firearm on school premises.