Section 10-9-21 - Prohibited acts. - New Mexico Statutes

10-9-21. Prohibited acts.

A.     No employer shall dismiss an employee for failure or refusal to pay or promise to pay any assessment, subscription or contribution to any political organization or candidate; however, nothing contained in this section shall prevent voluntary contributions to political organizations.   

B.     No person in the personnel office or employee in the service shall hold political office except for a non-partisan county or municipal office or be an officer of a political organization during his employment.  For the purposes of the Personnel Act [10-9-1 NMSA 1978], being a local school board member or an elected board member of any post-secondary educational institution shall not be construed to be holding political office, and being an election official shall not be construed to be either holding political office or being an officer of a political organization. Nothing in the Personnel Act shall deny employees the right to vote as they choose or to express their opinions on political subjects and candidates.   

C.     Any employee who becomes a candidate for public office shall, upon filing or accepting the nomination and during the campaign, take a leave of absence.  This subsection does not apply to those employees of a grant-in-aid agency whose political activities are governed by federal statute.   

D.     The director shall investigate any written charge by any person that this section has been violated and take whatever steps deemed necessary.   

E.     No person shall be refused the right of taking an examination, from appointment to a position, from promotion or from holding a position because of political or religious opinions or affiliation or because of race or color.   

F.     No employee or probationer shall engage in partisan political activity while on duty.   

G.     With respect to employees of federal grant-in-aid agencies, the applicable personnel standards, regulations and federal laws limiting activities shall apply and shall be set forth in rules promulgated by the board.