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NEW MEXICO STATUTES AND CODES

Section 10-5-2 - Power of secretary to suspend certain officials; grounds for suspension; secretary to take charge of office.

10-5-2. Power of secretary to suspend certain officials; grounds for suspension; secretary to take charge of office.

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.   

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