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.
ANNOTATIONS
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. 1964 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. 1964 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.
Notes of Decisions
Martinez v. New Mexico State Eng'r Off., 9 P.3d 657 (N.M. Ct. App. 2000).
· cites it 3× “See NMSA 1978, § 10-9-10 (1983). Among the primary duties of the Board is the power to promulgate rules to carry out the provisions of the Personnel Act and to hear appeals by state employees aggrieved by an agency’s action affecting their employment.”
Clark v. New Mexico Child., 1999-NMCA-114, 988 P.2d 888.
· cites it 2× “{9} The Act, under NMSA 1978, § 10-9-18(A) (1980), provides that: “Any employee who is dismissed, demoted or suspended may, within thirty days after the dismissal, demotion or suspension, appeal to the [B]oard.”
Been v. New Mexico Dep't of Info. Tech., 815 F. Supp. 2d 1222 (D.N.M. 2011).
· cites it 2× “; NMSA 1978, § 10-9-10(A). Pursuant to this statutory authority, the Board issued the Rules, set forth at 1.”
Montoya v. Dep't of Fin. & Admin., 649 P.2d 476 (N.M. Ct. App. 1982).
“The board is also invested with rule and policy-making authority pursuant to § 10-9-10 and § 10-9-13, N.M.S.A.1978. These latter responsibilities are distinct from the Board’s quasi-judicial functions in hearing administrative appeals.”
New Mexico Dep't of Health v. Ulibarri, 852 P.2d 686 (N.M. Ct. App. 1993).
“4(C), includes the filing of a notice of appeal with the Board. The parties agree that the State Personnel Board Rules were developed in order to effectuate the purposes of the State Personnel Act.”
State ex rel. New Mexico State High. Dep't v. Silva, 650 P.2d 833 (N.M. Ct. App. 1982).
“As a part of this system, the Board is established, § 10-9-8, supra; the Board is authorized to promulgate rules providing for “dismissal or demotion procedure for employees * * * including presentation of written notice stating specific reasons * * * and appeals to the board”,…”
Cibas v. New Mexico Energy, 898 P.2d 1265 (N.M. Ct. App. 1995).
· cites it 2× “Section 10-9-10(B), which lists “[the hearing of] appeals” as one of the duties of the Board, does not impart any appellate jurisdiction to the Board beyond what is granted by Section 10-9-18.”
Landau v. New Mex. Attorney Gen. Off., 446 P.3d 1229 (N.M. Ct. App. 2019).
· cites it 2× “Appellants Have the Burden of Establishing Sufficient Facts to Invoke the Subject Matter Jurisdiction of the Board {26} The Board has subject matter jurisdiction to hear an appeal by a state employee who files an appeal within thirty days of being dismissed.”
Perez v. N.M. Dep't of Workforce Solutions, 345 P.3d 330 (N.M. 2015).
· cites it 4× “16 Section 10-9-10 (emphasis added). The rules promulgated by the State Personnel 17 Board set statewide personnel policies for employees covered under the Personnel 18 Act such as “classification plan[s],” “pay plan[s],” “hours of work, holiday and 19 leave,” and “dismissal or…”
N.M. Stat. § 10-9-10(A): 5 cases
Clark v. New Mexico Child., 1999-NMCA-114, 988 P.2d 888.
“{9} The Act, under NMSA 1978, § 10-9-18(A) (1980), provides that: “Any employee who is dismissed, demoted or suspended may, within thirty days after the dismissal, demotion or suspension, appeal to the [B]oard.”
Martinez v. New Mexico State Eng'r Off., 9 P.3d 657 (N.M. Ct. App. 2000).
“See NMSA 1978, § 10-9-10 (1983). Among the primary duties of the Board is the power to promulgate rules to carry out the provisions of the Personnel Act and to hear appeals by state employees aggrieved by an agency’s action affecting their employment.”
New Mexico Dep't of Health v. Ulibarri, 852 P.2d 686 (N.M. Ct. App. 1993).
“4(C), includes the filing of a notice of appeal with the Board. The parties agree that the State Personnel Board Rules were developed in order to effectuate the purposes of the State Personnel Act.”
N.M. Stat. § 10-9-10(B): 5 cases
State ex rel. New Mexico State High. Dep't v. Silva, 650 P.2d 833 (N.M. Ct. App. 1982).
“As a part of this system, the Board is established, § 10-9-8, supra; the Board is authorized to promulgate rules providing for “dismissal or demotion procedure for employees * * * including presentation of written notice stating specific reasons * * * and appeals to the board”,…”
Cibas v. New Mexico Energy, 898 P.2d 1265 (N.M. Ct. App. 1995).
“Section 10-9-10(B), which lists “[the hearing of] appeals” as one of the duties of the Board, does not impart any appellate jurisdiction to the Board beyond what is granted by Section 10-9-18.”
Landau v. New Mex. Attorney Gen. Off., 446 P.3d 1229 (N.M. Ct. App. 2019).
“Appellants Have the Burden of Establishing Sufficient Facts to Invoke the Subject Matter Jurisdiction of the Board {26} The Board has subject matter jurisdiction to hear an appeal by a state employee who files an appeal within thirty days of being dismissed.”
N.M. Stat. § 10-9-10(C): 6 cases
Perez v. N.M. Dep't of Workforce Solutions, 345 P.3d 330 (N.M. 2015).
“16 Section 10-9-10 (emphasis added). The rules promulgated by the State Personnel 17 Board set statewide personnel policies for employees covered under the Personnel 18 Act such as “classification plan[s],” “pay plan[s],” “hours of work, holiday and 19 leave,” and “dismissal or…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.