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1992 New Mexico Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagnm0036 and id is 1 raw text is: Attorney General of New Mexico
P.O. Drawer 1508 Santa Fe, New Mexico 87504
505-827-6000
Fax 505-827-5826
TOM UDALL
Attorney General
March 11, 1992
OPINION
OF                                     Opinion No. 92-01
TOM UDALL
Attorney General
BY: Elizabeth A. Glenn
Assistant Attorney General
TO: Honorable Emilio Naranjo
State Senator
P.O. Box 1256
Espanola, NM 87532
OUESTION:
May a county commissioner hold employment as a state employee1
in the state personnel service? May a state employee run for any
county office?
CONCLUSION:
County commissioners may not serve as state employees unless
they are from Los Alamos County, currently the only county in the
state with nonpartisan offices.   County commissioners from Los
Alamos may be employed in the state personnel service if the two
positions are not incompatible. A state employee may seek election
to any county office anywhere in the state if the employee takes
a leave of absence from the state job while a candidate and, if
elected, the employee resigns from the state job.
1For purposes of this opinion, we assume that a state employee
is a person employed by the state who does not hold state office.
Thus, we do not address particular statutory and constitutional
provisions that apply to specific state offices. See, e.g. , AG Op.
No. 91-02 (1991) (discussing provisions applicable to dual-office
holding by state legislators).

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