46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO MILITARY AFFAIRS; ESTABLISHING THE ADJUTANT GENERAL'S SALARY EQUIVALENT WITH A CABINET LEVEL POSITION AND ESTABLISHING SPECIFIC QUALIFICATIONS FOR HIS APPOINTMENT AND CONFIRMATION; CHANGING THE DEPUTY ADJUTANT GENERAL TO AN EXEMPT EMPLOYEE OF THE STATE; REPEALING THE PROVISION FOR HONORARY PROMOTION ON RETIREMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 20-1-5 NMSA 1978 (being Laws 1987, Chapter 318, Section 5) is amended to read:
"20-1-5. ADJUTANT GENERAL--APPOINTMENT AND DUTIES.--[In
case of a vacancy, the governor shall appoint as the adjutant
general of New Mexico for a term of five years an officer who
for three years immediately preceding his appointment as the
adjutant general of New Mexico has been federally recognized as
an officer in the national guard of New Mexico and who during
his service in the national guard of New Mexico has received
federal recognition in the rank of major or higher. The
adjutant general shall not be removed from office during the
term for which appointed, except for cause to be determined by
a court-martial or efficiency board legally convened for that
purpose in the manner prescribed by the national guard
regulations of the United States department of defense. The
adjutant general shall have the military grade of major general
and shall receive the same pay and allowances as is prescribed
by federal law and regulations for members of the active
military the grade of major general, unless a different rate of
pay and allowances is specified in the annual appropriations
bill.]
A. The governor shall nominate and, by and with the consent of the senate, appoint the adjutant general of New Mexico. The appointee shall be a federally recognized officer of the rank of lieutenant colonel or higher who has served as a commander in the New Mexico national guard for at least three years preceding nomination. The officer must have served as a federally recognized officer in the New Mexico national guard for at least five years preceding nomination. The term of appointment shall be for five years. The adjutant general shall have the military grade of major general and shall receive a salary equivalent to a cabinet level position.
The adjutant general may not be removed from office except for cause to be determined by a court martial or the state efficiency board in accordance with Section 20-4-1 NMSA 1978. The state efficiency board shall consist of three members, appointed by the governor to evaluate the adjutant general and the New Mexico national guard.
B. The adjutant general shall:
[A.] (1) prepare and publish, by order of the
governor, such orders, rules and regulations, consistent with
law, as [are] necessary to maintain the military forces in a
state of [efficiency] readiness in conformity with the needs of
the state and the federal defense requirements;
[B. supervise] (2) govern the receipt,
preservation, repair, distribution, issue and collection of all
[arms] armaments and military equipment of the state;
[C. supervise] (3) command all personnel,
organizations, facilities, equipment, supplies and
administration of funds of the military forces;
[D.] (4) maintain records of all members of
the military forces and [keep] maintain on file in his offices
copies of all orders, reports, regulations and communications
[received and] issued and received by him;
[E.] (5) perform such other duties as [may be
required of him] assigned by the [commander-in-chief] governor;
and
[F.] G. have a seal of office."
Section 2. Section 20-3-2 NMSA 1978 (being Laws 1987, Chapter 318, Section 17) is amended to read:
"20-3-2. DEPARTMENT STRUCTURE--AUTHORITY OF ADJUTANT GENERAL.--
A. The department of military affairs is composed of:
(1) the office of the adjutant general;
(2) three subordinate military divisions:
(a) the army national guard division;
(b) the air national guard division; and
(c) the state defense force division;
(3) one subordinate civil division, the civil air patrol division; and
(4) four subordinate support agencies:
(a) the selective service office;
(b) the state armory board;
(c) the state programs office; and
(d) the United States property and fiscal office and such other agencies, administrative staffs and clerical staffs necessary for departmental operation, which the adjutant general may by regulation prescribe.
B. The adjutant general is the military chief of staff to the governor and is the head of the department of military affairs.
C. The adjutant general shall prescribe policies, rules and procedures for the orderly functioning of the department of military affairs, which may include subordinate organizational structures and lines of authority.
D. The adjutant general may employ such administrative, technical, clerical and other personnel as he deems necessary and may fix the compensation of exempt personnel subject to the concurrence of the department of finance and administration.
E. The adjutant general is accountable for and may make expenditures from appropriations or from other funds available to him for all purposes within Chapter 20 NMSA 1978.
F. The adjutant general is accountable for and is
authorized to accept through the United States property and
fiscal officer such equipment, supplies, [arms] armaments,
facilities and personnel support funding as may be authorized
and appropriated by federal law.
G. The adjutant general shall be furnished suitable
buildings, facilities, supplies and equipment for conducting
the business of the department of military affairs, [to
include] including the proper storage, repair and issuance of
military property.
H. The adjutant general may appoint as assistant
adjutants general one officer from each of the three military
divisions in the department of military affairs. The officers
[so] appointed shall hold the rank of brigadier general during
[such appointment] their appointments. The qualifications of
each [person so] officer appointed shall [meet] conform to the
specific standards required for [such] the appointment within
Chapter 20 NMSA 1978 and [any] applicable federal standards [or
requirments. Once appointed, the] and requirements. Assistant
adjutants general shall serve at the pleasure of the adjutant
general; their performance [will] shall be reviewed annually,
in January, by the adjutant general; and if relieved, an
assistant adjutant general shall revert to the rank previously
held or to [such] the higher rank to which promoted and
federally recognized while serving as assistant adjutant
general. The adjutant general may designate, by order, one
federally recognized assistant adjutant general as deputy
adjutant general and another federally recognized assistant
adjutant general as vice-deputy adjutant general. The deputy
adjutant general shall serve [on] as a full-time [active status
for] exempt employee of the state. His salary shall be
determined by the adjutant general and approved by the
governor. In case of the incapacity or absence from the state
of the adjutant general, the deputy adjutant general shall act
in his stead. In case of the incapacity or absence from the
state of both the adjutant general and the deputy adjutant
general, the governor may call upon the vice-deputy adjutant
general to [active service for] be a full-time, exempt employee
of the state. The assistant adjutants general shall perform
all duties [that may be required of] assigned to them by the
adjutant general. The adjutant general may delegate in writing
to any of the assistant adjutants general such authorities and
responsibilities as he deems appropriate, consistent with the
constitutions, laws and regulations of the state and of the
United States. [Assistant adjutants general, when on active
status for the state, shall receive the same pay and allowances
as is prescribed by federal law and regulations for members of
the active military in the grade of brigadier general, unless a
different rate of pay and allowances are specified in a general
appropriation act of the New Mexico legislature.]
I. The adjutant general shall appoint individuals
to serve as director of the one civil division and as head of
each of the four support agencies, except as stated in Section
20-9-1 NMSA 1978. The qualifications of each person [so]
appointed shall meet the specific standards required for such
appointment within Chapter 20 NMSA 1978 and any applicable
federal standards or requirements.
J. There shall be allowed to the adjutant general a
contingent and entertainment fund of [twenty-five hundred] two
thousand five hundred dollars ($2,500) annually, plus such
additional appropriations for carrying out the functions of his
office as the legislature shall deem proper."
Section 3. Section 20-4-1 NMSA 1978 (being Laws 1987, Chapter 318, Section 18) is amended to read:
"20-4-1. STANDARDS FOR APPOINTMENT, PROMOTION, TERMINATION.--
A. The standards for commissioning, warranting,
enlisting; for promotion and demotion in grade or rank; and for
assignment, transfer, discharge and retirement of members of
the national guard shall be established by regulations
promulgated by the adjutant general. Such regulations shall
substantially conform [these requirements] to the laws and
regulations of the United States relating to the national guard
of the United States.
B. The regulations concerning discharge shall
include a provision that a commissioned or warrant officer
[can] shall be discharged only:
(1) upon removal of federal recognition by the national guard bureau;
(2) upon transfer by request of the officer to another military reserve component of the United States;
(3) upon resignation duly accepted by the governor;
(4) for absence without leave for more than ninety days;
(5) upon recommendation of a [federal
recognition board or other] state efficiency board approved by
the governor; [or]
(6) after a state or federal court-martial
imposing a sentence of dismissal [if the sentence of dismissal
is approved by the governor]; or
(7) upon removal of state recognition by the governor.
C. Discharge certificates shall reflect the
character of the member's service. They shall conform as
closely as practicable to discharge certificates of the United
States military [forces]."
Section 5. REPEAL.--Section 20-2-8 NMSA 1978 (being Laws 1987, Chapter 318, Section 15) is repealed.