2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 9 - Personnel
Section 10-9-2 - Purpose of act; enactment under constitution.
The purpose of the Personnel Act is to establish for New Mexico a system of personnel administration based solely on qualification and ability, which will provide greater economy and efficiency in the management of state affairs. The Personnel Act is enacted under and pursuant to the provisions of Article 7, Section 2 of the constitution of New Mexico, as amended.
History: 1953 Comp., § 5-4-29, enacted by Laws 1961, ch. 240, § 2; 1963, ch. 200, § 1.
Purpose and interpretation of Personnel Act. — The Personnel Act has for its basic purpose the furtherance of economy and efficiency in state government. To achieve this purpose and implement the objectives of the act, the provisions providing for the right of an administrative hearing and judicial review should not be narrowly interpreted so as to restrict such a view. Montoya v. Dep't of Fin. & Admin., 1982-NMCA-051, 98 N.M. 408, 649 P.2d 476.
Legislative intent. — In enacting the Personnel Act it was the desire of the legislature to insulate in some manner the paid state employee from the whims and caprice of the political election so as to provide continuity of government in a changing environment. 1963-64 Op. Att'y Gen. No. 64-7.
Legislature intended balance between internal and statewide administration. — The legislature intended to strike a balance between the inherent power of a state agency or department to act administratively to adjust or organize itself internally so as to more effectively and efficiently carry out its duties, and the statutory objective of establishing and creating an effective system of state personnel administration. 1963-64 Op. Att'y Gen. No. 63-33.
Ability of government to be enhanced. — The legislature wished to enhance the ability of government by insuring that the "sifting system" of the public election be replaced by objective examinations to assure that competent citizens are initially selected for the "insulated" positions. 1963-64 Op. Att'y Gen. No. 64-7.
Merit system provided. — The Personnel Act provides for a merit system, but not a seniority system. 1965 Op. Att'y Gen. No. 65-78A.
State agencies not to engage in collective bargaining. — A collective bargaining agreement between the division of vocational rehabilitation and the American Federation of State, County and Municipal Employees is void, as it is illegal for state agencies governed by the provisions of this article to engage in collective bargaining. 1987 Op. Att'y Gen. No. 87-56.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Refusal to submit to polygraph examination as ground for discharge or suspension of public employees or officers, 15 A.L.R.4th 1207.
81A C.J.S. States § 86.
