2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 9 - Personnel
Section 10-9-10 - Board duties.

The board shall:

A. promulgate regulations to effectuate the Personnel Act;

B. hear appeals and make recommendations to employers;

C. hire, with the approval of the governor, a director experienced in the field of personnel administration;

D. review budget requests prepared by the director for the operation of the personnel program and make appropriate recommendations thereon;

E. make investigations, studies and audits necessary to the proper administration of the Personnel Act;

F. make an annual report to the governor at the end of each fiscal year;

G. establish and maintain liaison with the general services department; and

H. represent the public interest in the improvement of personnel administration in the system.

History: 1953 Comp., § 5-4-34, enacted by Laws 1961, ch. 240, § 7; 1963, ch. 200, § 3; 1967, ch. 181, § 3; 1983, ch. 301, § 21.

Cross references. — For the Public Records Act, see Chapter 14, Article 3 NMSA 1978.

Rules adopted by board may not abridge statutory rights and duties. — The board has the statutory authority to adopt rules; however, the rules adopted may not abridge the rights or duties imposed by statute. State ex rel. N.M. State Highway Dep't v. Silva, 1982-NMCA-121, 98 N.M. 549, 650 P.2d 833.

Board acts in quasi-judicial capacity in hearing appeals. — In hearing administrative appeals by employees from agency action, as distinguished from its function in adopting rules and creating policy, the state personnel board acts in a quasi-judicial capacity rather than a policy-making function. Montoya v. Dep't of Fin. & Admin., 1982-NMCA-051, 98 N.M. 408, 649 P.2d 476.

Collective bargaining authority. — In New Mexico, there is an implied authority to bargain collectively in the public sector as an incident to the express grant of authority under the Personnel Act. Local 2238 of AFSCME v. Stratton, 1989-NMSC-003, 108 N.M. 163, 769 P.2d 76.

Effect of word "shall". — The word "shall" in this section appears to place a mandatory duty upon the board to promulgate rules and regulations to effectuate the Personnel Act. 1963-64 Op. Att'y Gen. No. 64-22.

Classification under rule-making authority. — Under the rule-making authority of this section and Section 10-9-13 NMSA 1978 the state personnel board has a limited and restricted right to classify as confidential certain portions of an individual's personnel file which would not otherwise be made available to the state unless on a confidential or restricted basis. 1963-64 Op. Att'y Gen. No. 64-19.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 197.