The secretary of finance and administration may summarily suspend any official of any local public body in all cases where an audit conducted by the state auditor, or by personnel of his office, or by an independent auditor employed or approved by the state auditor reveals any of the following: A. a fraudulent misappropriation or embezzlement of public money; B. fiscal management of an office resulting in violation of law or willful violation of the fiscal regulations of the department of finance and administration for every local public body; or C. willful failure to perform any duty imposed by any law which the secretary of finance and administration is charged with enforcing. Upon such suspension, the secretary of finance and administration may take charge of the office of the persons [person] suspended. History: 1953 Comp., § 5-3-37.2, enacted by Laws 1957, ch. 254, § 2; 1977, ch. 247, § 37; 1979, ch. 281, § 2; 1980, ch. 151, § 7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Scope includes county treasurer. — Since the county treasurer is a salaried public official, the suspension provisions of this section aterial was inserted by the compiler and is not part of the law. Scope includes county treasurer. — Since the county treasurer is a salaried public official, the suspension provisions of this section are applicable to anyone holding that office. Mata v. Montoya, 1977-NMSC-078, 91 N.M. 20, 569 P.2d 946. Am. Jur. 2d, A.L.R. and C.J.S. references. — Rights of state and municipal public employees in grievance proceedings, 46 A.L.R.4th 912. 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 504; 67 C.J.S. Officers and Public Employees §§ 108 to 111.
New Mexico Legal Code