2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 7 - Compensation and Working Conditions Generally
Section 10-7-1 - Temporary transfers of employees from one office, department or institution to another.]

The governor is further authorized, subject to the approval of the state board of finance, to transfer, temporarily from one office, department or institution to another office, department or institution, such employees as in his judgment may be necessary or convenient at any time to further the economical and efficient conduct of the state government and without regard to the appropriation out of which such employee may be paid; provided, that the governor shall have the power to designate and employ a personnel director who shall assist him in the performance of the duties imposed upon the governor by the terms of this section.

History: Laws 1935, ch 70, § 3; 1941 Comp., § 10-403; Laws 1943, ch. 10, § 3; 1953 Comp., § 5-4-3.

Compiler's notes. — Laws 1977, ch. 247, § 6, established the state board of finance, referred to in this section, in connection with the board of finance division of the department of finance and administration. See 6-1-1 NMSA 1978.

Cross references. — For causes for removal of local officers, see 10-4-1 NMSA 1978.

For permanent abandonment of office, see 10-6-3 NMSA 1978.

For definition of "incompatible office", see 10-6-5 NMSA 1978.

Theory of section. — This section contemplates that a public officer can perform the duties and obligations of any position to which he is temporarily transferred. State ex rel. Bird v. Apodaca, 1977-NMSC-110, 91 N.M. 279, 573 P.2d 213.

State highway engineer is not subject to transfer provisions of this section. State ex rel. Bird v. Apodaca, 1977-NMSC-110, 91 N.M. 279, 573 P.2d 213.

Meaning of "temporary". — The word temporary means that which is to last for a limited time only, not of long duration but for a short time. 1957-58 Op. Att'y Gen. No. 57-94.

Remuneration when two jobs. — An employee of the state who is employed by one department on a monthly basis could be entitled to remuneration from a second department or agency of the state if the services are performed at a time which are not regular working hours of the first department and in a location different from that of the first department. 1957-58 Op. Att'y Gen. No. 58-16.

Law reviews. — For note, "Mandamus Proceedings Against Public Officials: State of New Mexico ex rel. Bird v. Apodaca," see 9 N.M.L. Rev. 195 (1978-79).