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.