2021 New Mexico Statutes
Chapter 9 - Executive Department
Article 1 - Executive Reorganization
Section 9-1-4 - Cabinet departments; structure.
A. Except as otherwise provided by law for its internal structure, the executive branch shall adhere to the following standard terms:
(1) the principal unit of the executive branch is a "department," headed by a "secretary," who shall be appointed by the governor with the consent of the senate and who shall serve at his pleasure;
(2) the principal unit of a department is a "division," headed by a "director," who shall be appointed by the secretary with the approval of the governor and who shall serve at the secretary's pleasure;
(3) the principal unit of a division is a "bureau," headed by a "chief," who is employed by the secretary and who is covered by, and subject to, the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]; and
(4) the principal unit of a bureau is a "section," headed by a "supervisor," who is employed by the secretary and who is covered by, and subject to, the provisions of the Personnel Act.
B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting his appointment.
History: 1953 Comp., § 4-29B-4, enacted by Laws 1977, ch. 248, § 4.
ANNOTATIONSEmergency clauses. — Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977.
Cross references. — For governor's appointive and removal power, see N.M. Const., art. V, § 5.
Sections not in conflict with Personnel Act in defining exempt positions. — In defining exempt positions only for the secretary and division heads of the health and environment department (now department of health and department of environment), this section and 9-7-6B(9) NMSA 1978 are not in conflict with the Personnel Act [Chapter 10, Article 9 NMSA 1978] nor are they controlling with respect to the number of exempt positions authorized for the health and environment department. 1980 Op. Att'y Gen. No. 80-38.
