New Mexico § 20-3-2 - Department structure; authority of adjutant general

§ 20-3-2. Department structure; authority of adjutant general

A. The department of military affairs consists 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; and (3) five subordinate civil divisions: (a) the selective service office; (b) the state armory board; (c) the civil air patrol division; (d) the state programs division; and (e) the United States property and fiscal office and such other agencies, administrative

staffs and clerical staffs necessary for departmental operation that 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 the adjutant general 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 may employ, within the department of military affairs' appropriated

budget, members of the New Mexico national guard on state active duty, on either a

full-time or seasonal basis, for the purpose of providing preparedness for, mitigation

of or response to any type of disaster. F. The adjutant general may make expenditures from appropriations or from other funds

available to the adjutant general for all purposes within Chapter 20 NMSA 1978 . G. The adjutant general is authorized to accept through the United States property

and fiscal officer such equipment, supplies, arms, facilities and personnel support

funding as may be authorized and appropriated by federal law. H. The adjutant general shall be furnished suitable buildings, facilities, supplies

and equipment for conducting the business of the department of military affairs to

include the proper storage, repair and issuance of military property. I. 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 appointed shall hold the rank of brigadier general during such appointment. 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. Once appointed, the assistant adjutants general shall serve at the pleasure of the

adjutant general; their performance will 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 higher rank to which promoted and federally recognized

while serving as assistant adjutant general. The adjutant general may designate one federally recognized assistant adjutant general

as deputy adjutant general. The deputy adjutant general shall serve on full-time active status for the state. In the incapacity or absence from the state of the adjutant general, the deputy

adjutant general shall act in the adjutant general's stead. In the incapacity or absence from the state of both the adjutant general and the

deputy adjutant general, the governor may call any assistant adjutant general to active

service for the state. The assistant adjutants general shall perform all duties that may be required of

them by the adjutant general. The adjutant general may delegate in writing to any of the assistant adjutants general

such authorities and responsibilities as the adjutant general 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 are 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. J. The adjutant general shall appoint individuals to serve as directors of the five

subordinate civil divisions, 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. K. There shall be allowed to the adjutant general a contingent and entertainment fund

of two thousand five hundred dollars ($2,500) annually, plus such additional appropriations

for carrying out the functions of the office as the legislature shall deem proper.