The provisions of the Tort Claims Act shall not affect the provisions of any personnel act, any rules or regulations issued thereunder or any other provision of law governing the employer-employee relationship.
History: 1953 Comp., § 5-14-19, enacted by Laws 1976, ch. 58, § 19; 1977, ch. 386, § 16.
Emergency clauses. — Laws 1977, ch. 386, § 23 contained an emergency clause and was approved April 8, 1977.
Purpose of section. — This section was designed to preserve employment relations between the state, or a subdivision thereof, and its employees. It may not be read to expand Subsection A of 41-4-4 NMSA 1978 and to provide a waiver of immunity to allow an educational malpractice action against a public school board. Rubio ex rel. Rubio v. Carlsbad Mun. School Dist., 1987-NMCA-127, 106 N.M. 446, 744 P.2d 919.
Asserting immunity for first time in supreme court permissible. — The right to assert sovereign immunity may be raised for the first time in the supreme court. Sangre de Cristo Dev. Corp., Inc. v. City of Santa Fe, 1972-NMSC-076, 84 N.M. 343, 503 P.2d 323, cert. denied, 411 U.S. 938, 93 S. Ct. 1900, 36 L. Ed. 2d 400 (1973), overruled in part by Hicks v. State, 1975-NMSC-056, 88 N.M. 588, 544 P.2d 1153.
Law reviews. — For survey, "Torts: Sovereign and Governmental Immunity in New Mexico," see 6 N.M. L. Rev. 249 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Res ipsa loquitur as applicable in actions for damage to property by the overflow or escape of water, 91 A.L.R.3d 186.
Products liability: air guns and BB guns, 94 A.L.R.3d 291.
Structure New Mexico Statutes
Section 41-4-2 - Legislative declaration.
Section 41-4-4 - Granting immunity from tort liability; authorizing exceptions.
Section 41-4-5 - Liability; operation or maintenance of motor vehicles, aircraft and watercraft.
Section 41-4-6 - Liability; buildings, public parks, machinery, equipment and furnishings.
Section 41-4-7 - Liability; airports.
Section 41-4-8 - Liability; public utilities.
Section 41-4-9 - Liability; medical facilities.
Section 41-4-10 - Liability; health care providers.
Section 41-4-11 - Liability; highways and streets.
Section 41-4-12 - Liability; law enforcement officers.
Section 41-4-15 - Statute of limitations.
Section 41-4-16 - Notice of claims.
Section 41-4-16.1 - Civil action; damages incurred while imprisoned; notice to victim.
Section 41-4-17 - Exclusiveness of remedy.
Section 41-4-18 - Jurisdiction; appeals; venue.
Section 41-4-19 - Maximum liability.
Section 41-4-20 - Coverage of risks; insurance.
Section 41-4-21 - Application of act.
Section 41-4-22 - Insurance fund.
Section 41-4-23 - Public liability fund created; purposes.
Section 41-4-24 - Consulting and claims adjusting contracts.
Section 41-4-26 - Home rule municipality tort claims ordinances; severability; applicability.
Section 41-4-27 - Home rule municipality; joint powers agreements; coverage.
Section 41-4-28 - Coverage for liability subject to foreign jurisdiction's law.
Section 41-4-30 - Liability coverage; certain community land grants.