SENATE BILL 5

57th legislature - STATE OF NEW MEXICO - first special session, 2025

INTRODUCED BY

Nicole Tobiassen and Anthony L. Thornton and Jay C. Block and Candy Spence Ezzell and Joshua A. Sanchez

 

 

 

 

AN ACT

RELATING TO CHILD WELFARE; CREATING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT SECRETARY NOMINATING COMMISSION; ESTABLISHING QUALIFICATIONS FOR COMMISSION MEMBERS; SETTING FORTH THE APPOINTMENT PROCESS FOR COMMISSION MEMBERS; ESTABLISHING QUALIFICATIONS FOR THE SECRETARY OF CHILDREN, YOUTH AND FAMILIES; ESTABLISHING THE COMMISSION'S POWERS AND DUTIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Children, Youth and Families Department Act is enacted to read:

     "[NEW MATERIAL] CHILDREN, YOUTH AND FAMILIES DEPARTMENT SECRETARY NOMINATING COMMISSION.--

          A. The "children, youth and families department secretary nominating commission" is created and consists of five members, appointed one each by the speaker of the house of representatives, the minority floor leader of the house of representatives, the president pro tempore of the senate, the minority floor leader of the senate and the attorney general.

          B. A commission member shall:

                (1) be a resident of New Mexico;

                (2) possess a master's degree or a juris doctor;

                (3) have at least ten years of personnel management experience, including employee recruitment;

                (4) serve a four-year term; and

                (5) serve without compensation but be reimbursed for expenses incurred in pursuit of the member's duties on the commission pursuant to the Per Diem and Mileage Act.

          C. The commission and individual members shall be subject to the Governmental Conduct Act, the Inspection of Public Records Act, the Financial Disclosure Act and the Open Meetings Act.

          D. Initial appointments to the commission shall be made by the appointing authorities prior to July 1, 2026. Subsequent appointments shall be made no later than thirty days before the end of a commissioner's term.

          E. If a position on the commission becomes vacant during a term, a successor shall be selected in the same manner as the original appointment for that position and shall serve for the remainder of the term of the position vacated.

          F. The first meeting of the commission shall be held prior to September 1, 2026. Notwithstanding the provisions of Subsection A of Section 2 of this 2025 act, following the first meeting, the commission shall meet as often as necessary in order to carry out its duties."

     SECTION 2. A new section of the Children, Youth and Families Department Act is enacted to read:

     "[NEW MATERIAL] COMMISSION--NOMINATING POWERS AND DUTIES.--

          A. Within ninety days before the date on which the term of a secretary ends, or no later than thirty days after the occurrence of a vacancy in the position, the commission shall convene for the purpose of nominating persons to fill the position of secretary.

          B. The commission shall actively solicit, accept and evaluate applications for the position and require applicants to submit evidence that the applicant meets the requirements of Section 3 of this 2025 act.

          C. Within thirty days after convening, the commission shall submit to the governor a list of at least three but no more than five applicants who are recommended for appointment to the position by a majority of the commission members.

          D. Within sixty days of receiving the list described in Subsection C of this section, the governor shall select an applicant for appointment to the position of secretary."

     SECTION 3. A new section of the Children, Youth and Families Department Act is enacted to read:

     "[NEW MATERIAL] REQUIREMENTS FOR SECRETARY.--An applicant for secretary shall meet the following requirements:

          A. evidence of the completion of a master's degree or juris doctor;

          B. documentation of at least ten years of experience at the level of an executive director or a chief executive officer of an organization, including experience in personnel management and oversight of multimillion-dollar budgets; and

          C. any additional information that the committee deems relevant."

     SECTION 4. A new section of the Children, Youth and Families Department Act is enacted to read:

     "[NEW MATERIAL] COMMISSION--POWERS AND DUTIES--PERFORMANCE EVALUATION.--

          A. The children, youth and families department secretary nominating commission shall meet quarterly to evaluate the secretary's performance.

          B. The commission shall provide the governor and the legislature with a report regarding the secretary's performance, including recommendation for removal if circumstances merit such recommendation, one year after the secretary's appointment and annually thereafter."

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