2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 1 - Qualifications
Section 10-1-6 - Affidavits of residence; prima facie value as evidence.]
Any person whose duty it is to engage or hire employees mentioned in Section 1 of this act may require any person applying for such employment to file an affidavit with such person, stating his name and residence and that he has been a bona fide resident of the state of New Mexico for a period of one year next previous to the date of application for such employment. In all prosecutions against any persons for violation of the provisions of this act [10-1-6 to 10-1-9 NMSA 1978], such affidavits shall be received in evidence as prima facie proof of the truth of the statements therein contained.
History: Laws 1933, ch. 68, § 2; 1941 Comp., § 10-106; 1953 Comp., § 5-1-6.
Compiler's notes. — "Section 1 of this act," referred to near the beginning of the first sentence, means Laws 1933, ch. 68, § 1, which appeared as 10-1-5 NMSA 1978, but was repealed by Laws 1979, ch. 54, § 1.
Application to construction project. — This section, when read together with the provisions of 10-1-7 and 10-1-8 NMSA 1978, has specific application to the construction of the public works project contemplated by the interstate streams commission (the Ute dam), and would have to be considered by the commission in the carrying out of the construction work. 1961-62 Op. Att'y Gen. No. 62-80.
When production of affidavits required. — Under 6-2-1 NMSA 1978, the heads of departments may be compelled to produce the affidavit required under this section before making payment to any person or persons employed who have not been residents of New Mexico for one year prior to their employment as state employees. 1951-52 Op. Att'y Gen. No. 51-5388.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and application of enactments relating to requirement of residency within or near specified governmental unit as condition of continued employment for policemen or firemen, 4 A.L.R.4th 380.
67 C.J.S. Officers and Public Employees § 26; 81A C.J.S. States § 83.
