{ "id": 4241271, "name": "SANDRA K. PEREZ, Petitioner-Petitioner, v. NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS and NEW MEXICO STATE PERSONNEL OFFICE, Respondents-Respondents; DEBRA GRIEGO, Petitioner-Appellant, v. NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS and NEW MEXICO DEPARTMENT OF FINANCE AND ADMINISTRATION, Respondents-Appellees; Consolidated with: INDIA HATCH, Petitioner-Appellee, v. NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS and NEW MEXICO RACING COMMISSION, Respondents-Appellants", "name_abbreviation": "Perez v. New Mexico Department of Workforce Solutions", "decision_date": "2015-03-09", "docket_number": "Docket No. 34,499; Docket No. 34,880", "first_page": "409", "last_page": "422", "citations": [ { "type": "official", "cite": "2015-NMSC-008" } ], "court": { "name_abbreviation": "N.M. Ct. App.", "id": 9025, "name": "Court of Appeals of New Mexico" }, "jurisdiction": { "id": 52, "name_long": "New Mexico", "name": "N.M." }, "cites_to": [ { "cite": "283 P.3d 853", "category": "reporters:state_regional", "reporter": "P.3d", "weight": 2, "opinion_index": 0 }, { "cite": "1998-NMSC-015", "category": "reporters:neutral", "reporter": "NMSC", "case_ids": [ 834366 ], "weight": 4, "pin_cites": [ { "page": "\u00b6 21" }, { "parenthetical": "emphasis added" } ], "opinion_index": 0, "case_paths": [ "/nm/125/0343-01" ] }, { "cite": "316 P.3d 865", "category": "reporters:state_regional", "reporter": "P.3d", "opinion_index": 0 }, { "cite": "2014-NMSC-003", "category": "reporters:neutral", "reporter": "NMSC", "case_ids": [ 4078207 ], "pin_cites": [ { "page": "\u00b6 20" } ], "opinion_index": 0, "case_paths": [ "/nm-app/5/0320-01" ] }, { "cite": "2013 WL 3942184", "category": "reporters:specialty_west", "reporter": "WL", "year": 2013, "pin_cites": [ { "parenthetical": "nonprecedential" } ], "opinion_index": 0 }, { "cite": "805 A.2d 660", "category": "reporters:state_regional", "reporter": "A.2d", "case_ids": [ 11434628 ], "weight": 2, "year": 2002, "pin_cites": [ { "page": "662", "parenthetical": "internal quotation marks and citations omitted" }, { "page": "663", "parenthetical": "recognizing that the designation provides \"an official signpost which informs the jobholder, upon assuming the position, of what can be expected.\" (internal quotation marks and citation omitted)" } ], "opinion_index": 0, "case_paths": [ "/a2d/805/0660-01" ] }, { "cite": "Iowa Admin. Code r. 871", "category": "laws:admin_compilation", "reporter": "Iowa Admin. Code", "weight": 5, "opinion_index": 0 }, { "cite": "117 N.M. 492", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 1552731 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/117/0492-01" ] }, { "cite": "1994-NMSC-039", "category": "reporters:neutral", "reporter": "NMSC", "pin_cites": [ { "page": "\u00b6 7" } ], "opinion_index": 0 }, { "cite": "102 N.M. 609", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 1580164 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/102/0609-01" ] }, { "cite": "1985-NMSC-044", "category": "reporters:neutral", "reporter": "NMSC", "weight": 2, "pin_cites": [ { "page": "\u00b6 11" } ], "opinion_index": 0 }, { "cite": "Minn. Stat. Ann. \u00a7 43", "category": "laws:leg_statute", "reporter": "Minn. Stat. Ann.", "opinion_index": 0 }, { "cite": "Minn. Stat. Ann. \u00a7 268.035", "category": "laws:leg_statute", "reporter": "Minn. Stat. Ann.", "weight": 2, "year": 2010, "pin_cites": [ { "page": "(20)(15)" }, { "page": "(20)(16)" } ], "opinion_index": 0 }, { "cite": "283 P.3d 260", "category": "reporters:state_regional", "reporter": "P.3d", "opinion_index": 0 }, { "cite": "2012-NMSC-022", "category": "reporters:neutral", "reporter": "NMSC", "case_ids": [ 4190294 ], "pin_cites": [ { "page": "\u00b6 25" } ], "opinion_index": 0, "case_paths": [ "/nm-app/2/0135-01" ] }, { "cite": "2007-NMSC-053", "category": "reporters:neutral", "reporter": "NMSC", "case_ids": [ 3692262 ], "weight": 3, "pin_cites": [ { "page": "\u00b6 20" } ], "opinion_index": 0, "case_paths": [ "/nm/142/0533-01" ] }, { "cite": "142 P. 927", "category": "reporters:state_regional", "reporter": "P.", "opinion_index": 0 }, { "cite": "19 N.M. 312", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 4705826 ], "opinion_index": 0, "case_paths": [ "/nm/19/0312-01" ] }, { "cite": "1914-NMSC-061", "category": "reporters:neutral", "reporter": "NMSC", "pin_cites": [ { "page": "\u00b6 13" } ], "opinion_index": 0 }, { "cite": "45 N.M. 307", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 1565184 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/45/0307-01" ] }, { "cite": "1941-NMSC-031", "category": "reporters:neutral", "reporter": "NMSC", "pin_cites": [ { "page": "\u00b6 7" } ], "opinion_index": 0 }, { "cite": "81 N.M. 23", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 5368729 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/81/0023-01" ] }, { "cite": "1969-NMSC-174", "category": "reporters:neutral", "reporter": "NMSC", "pin_cites": [ { "page": "\u00b6 13" } ], "opinion_index": 0 }, { "cite": "122 N.M. 173", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 322295 ], "weight": 4, "pin_cites": [ { "parenthetical": "internal quotation marks and citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nm/122/0173-01" ] }, { "cite": "1996-NMSC-044", "category": "reporters:neutral", "reporter": "NMSC", "pin_cites": [ { "page": "\u00b6 22" } ], "opinion_index": 0 }, { "cite": "2008-NMCA-124", "category": "reporters:neutral", "reporter": "NMCA", "case_ids": [ 4002075 ], "weight": 5, "pin_cites": [ { "page": "\u00b6 16" }, { "parenthetical": "alteration and omission in original" }, { "parenthetical": "internal quotation marks and citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nm/144/0841-01" ] }, { "cite": "2014-NMCERT-002", "category": "reporters:neutral", "reporter": "NMCERT", "year": 2014, "opinion_index": 0 }, { "cite": "320 P.3d 1001", "category": "reporters:state_regional", "reporter": "P.3d", "opinion_index": 0 }, { "cite": "2014-NMCA-035", "category": "reporters:neutral", "reporter": "NMCA", "case_ids": [ 4077924 ], "weight": 7, "pin_cites": [ { "page": "\u00b6 26" }, { "page": "\u00b6 25" }, { "page": "\u00b6 19" }, { "page": "\u00b6\u00b6 1, 26" } ], "opinion_index": 0, "case_paths": [ "/nm-app/5/0619-01" ] }, { "cite": "2000-NMCA-074", "category": "reporters:neutral", "reporter": "NMCA", "case_ids": [ 1217170 ], "weight": 4, "pin_cites": [ { "page": "\u00b6 22" } ], "opinion_index": 0, "case_paths": [ "/nm/129/0413-01" ] } ], "analysis": { "cardinality": 1216, "char_count": 38638, "ocr_confidence": 0.783, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.14087867671049548 }, "sha256": "29ec11138685e7f62d9a77b04a1f287535553206d74c66c3c08145b0d44c4bd0", "simhash": "1:e59646c2b6a156ea", "word_count": 5760 }, "last_updated": "2023-07-14T17:10:55.229683+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "EDWARD L. CH\u00c1VEZ, Justice", "BARBARA J. VIGIL, Chief Justice", "PETRA JIMENEZ MAES, Justice", "RICHARD C. BOSSON, Justice", "CHARLES W. DANIELS, Justice" ], "parties": [ "SANDRA K. PEREZ, Petitioner-Petitioner, v. NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS and NEW MEXICO STATE PERSONNEL OFFICE, Respondents-Respondents. DEBRA GRIEGO, Petitioner-Appellant, v. NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS and NEW MEXICO DEPARTMENT OF FINANCE AND ADMINISTRATION, Respondents-Appellees. Consolidated with: INDIA HATCH, Petitioner-Appellee, v. NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS and NEW MEXICO RACING COMMISSION, Respondents-Appellants." ], "opinions": [ { "text": "OPINION\nCH\u00c1VEZ, Justice.\nIn these consolidated cases, the New Mexico Department of Workforce Solutions (Department) denied three former State of New Mexico employees (Claimants) unemployment compensation benefits, relying on NMSA 1978, Section 51-1-44(A)(5)(a) (1978). Section 51-l-44(A)(5)(a) provides that unemployment compensation benefits are not available for a state government employee who works \u201cin a position which, under or pursuant to state law, is designated as ... a. major nontenured policy-making or advisory position.\u201d Id. (emphasis added). We interpret this language to require the Legislature to expressly designate which nontenured positions are major policy-making or advisory positions. Although not the ideal approach, the Legislature can accomplish this designation by statutorily defining the job responsibilities of a particular position to make it clear that the nontenured position is a major policy-making or advisory position. Because the Legislature has not designated any of the three positions as major nontenured policy-making or advisory positions, we hold that all three Claimants are eligible for unemployment compensation benefits.\nI. BACKGROUND\nThese consolidated cases involve three former State of New Mexico employees. Sandra Perez (Perez) was the state personnel director of the New Mexico State Personnel Office (State Personnel Office) from August 17, 2004 through February 19, 2011. The State Personnel Board of the State Personnel Office hired Perez to the position with the approval of former Governor Bill Richardson. See NMSA 1978, \u00a7 10-9-10(C) (1983) (providing that the State Personnel Board shall \u201chire, with the approval of the governor, a director experienced in the field of personnel administration\u201d). The State Personnel Board \u201cis a public administrative body\u201d with \u201cthe power to promulgate rules to carry out the provisions ofthe Personnel Act [NMSA 1978, \u00a7\u00a7 10-9-1 to -25 (1961, as amended through 2009)] and to hear appeals by state employees aggrieved by an agency\u2019s action affecting their employment.\u201d Martinez v. N.M. State Eng\u2019r Office, 2000-NMCA-074, \u00b6 22, 129 N.M. 413, 9 P.3d 657. Accordingly, the State Personnel Board has \u201cboth policy-making and quasi-judicial responsibilities.\u201d Id. As the state personnel director, Perez served the State of New Mexico at the pleasure of the State Personnel Board.\nDorothy Griego (Griego) was the administrative services division director and the chief financial officer of the New Mexico Department of Finance and Administration (DFA) from January 1,2003 through December 31, 2010. \u201cThe purpose of the Department of Finance and Administration Act is to make state government more efficient and responsive . . . and to establish a single, unified department to administer laws relating to finance of state government; and to perform other duties as provided by law.\u201d NMSA 1978, \u00a7 9-6-2 (1983). The DFA cabinet secretary is the administrative and executive head of the DFA, and is a member of the executive cabinet. NMSA 1978, \u00a7 9-6-4 (1983). The DFA cabinet secretary presumably appointed Griego as the administrative services division director and chief financial officer of the DFA with the approval of former Governor Richardson. See NMSA 1978, \u00a7 9-l-4(A)(2) (1977) (\u201c[T]he principal unit of a department is a \u2018division,\u2019 headed by a \u2018director,\u2019 who shall be appointed by the secretary with the approval of the governor and who shall serve at the secretary\u2019s pleasure.\u201d).\nIndia Hatch (Hatch) was the executive director of the New Mexico Racing Commission (Racing Commission) from September 4, 2010 through September 12, 2011. The Racing Commission consists of five members \u201cappointed by the governor and . . . confirmed by the senate.\u201d NMSA 1978, \u00a7 60-1 A-3(B) (2007). The New Mexico Horse Racing Act (Horse Racing Act), NMSA 1978, \u00a7\u00a7 60-1A-1 to -30 (2007, as amended through 2011), governs horse racing in New Mexico. The Horse Racing Act grants the Racing Commission administrative authority over the regulation of horse racing in New Mexico. See \u00a7 60-1A-4 (establishing the powers and duties of the Racing Commission); \u00a7 60-1A-5 (granting the Racing Commission rulemaking authority and adjudicatory authority to suspend, revoke, and deny occupational and racetrack licenses); \u00a7 60-1A-7 (granting the Racing Commission authority over horse racing licensure). The Racing Commission appointed Hatch as its executive director. See \u00a7 60-lA-3(H) (providing that the members of the Racing Commission \u201cmay appoint an executive director and establish the executive director\u2019s duties and compensation\u201d).\nAll three Claimants were terminated following Governor Susana Martinez\u2019s first election as the governor of the State of New Mexico. All three Claimants applied to the Department for unemployment compensation benefits. The Department initially awarded unemployment compensation benefits to Perez and Griego, but denied such benefits to Hatch. However, after additional review, the Department ultimately determined that all three Claimants held major nontenured policy-making or advisory positions that are ineligible for unemployment compensation benefits pursuantto Section 51-1-44(A)(5)(a). All three Claimants appealed individually to separate district courts. The district court presiding over Griego\u2019s appeal affirmed the Department\u2019s determination, while the district courts that presided over the appeals of Perez and Hatch reversed each of the Department\u2019s determinations.\nThe losing party in each case appealed to the New Mexico Court of Appeals. The Court of Appeals issued a majority opinion in Perez\u2019s appeal that reversed the district court and reinstated the Department\u2019s final determination denying Perez unemployment compensation benefits. N.M. Dep\u2019t of Workforce Solutions v. Perez, 2014-NMCA-035, \u00b6 26, 320 P.3d 1001. The Court of Appeals consolidated the appeals by Griego and Hatch, and following oral argument, each judge on the panel assigned to the consolidated appeal approached the case differently with varying results, which we will describe later in this opinion. See Griego v. N.M. Dep\u2019t of Workforce Solutions, No. 32,556, consolidated with Hatch v. N.M. Dep\u2019t of Workforce Solutions, No. 32,963, Order of Certification to the New Mexico Supreme Court (N.M. Ct. App. Sept. 3, 2014) (attaching Exhibit 1 (Vigil, J., proposed op.), Ex. Exhibit 2 (Bustamante, J., proposed op.), and Exhibit 3 (Sutin, J., proposed op.)).\nPerez filed a petition for writ of certiorari and the Court of Appeals requested certification of the consolidated cases in Griego and Hatch to this Court. Griego v. N.M. Dep\u2019t of Workforce Solutions, No. 34,880, Order of Certification to the New Mexico Supreme Court at 4-6 (N.M. Ct. App. Sept. 3, 2014). We granted certiorari in Perez v. N.M. Dep\u2019t of Workforce Solutions, 2014-NMCERT-002, and accepted certification in Griego and Hatch. Griego, No. 34,880, Order of Certification to the New Mexico Supreme Court accepted (N.M. Sup. Ct. Sept. 29, 2014). Following oral argument, this Court consolidated all three cases.\nII. DISCUSSION\nThe issue common to these cases on appeal stems from administrative determinations concerning whether Claimants \u2019 former positions were \u201cdesignated as . . . major nontenured policy-making or advisory position[sj\u201d pursuant to Section 51-1-44(A)(5)(a). Our review of an administrative decision applies \u201cthe same statutorily defined standard of review as the district court.\u201d Miller v. Bd. of Cnty. Comm\u2019rs of Santa Fe Cnty., 2008-NMCA-124, \u00b6 16, 144 N.M. 841, 192 P.3d 1218 (internal quotation marks and citation omitted). \u201cThe district court may reverse an administrative decision only if it determines that the administrative entity . . . acted fraudulently, arbitrarily, or capriciously; if the decision was not supported by substantial evidence in the whole record; or if the [entity] did not act in accordance with the law.\u201d Id. (alteration and omission in original) (internal quotation marks and citation omitted).\nBecause the issue before this Court is one of statutory construction, we are asked to review whether the administrative decisions were \u201cin accordance with the law.\u201d Id. (internal quotation marks and citation omitted). \u201cIf an agency decision is based upon the interpretation of a particular statute, the court will accord some deference to the agency\u2019s interpretation, especially if the legal question implicates agency expertise.\u201d Fitzhugh v. N.M. Dep\u2019t of Labor, Emp\u2019t Sec. Div., 1996-NMSC-044, \u00b6 22, 122 N.M. 173, 922 P.2d 555. \u201cHowever, the court may always substitute its interpretation of the law for that of the agency\u2019s because it is the function of the courts to interpret the law.\u201d Id. (internal quotation marks and citation omitted).\nA. For an employee in a state government position to be ineligible for unemployment compensation benefits, the Legislature must expressly designate that position as a major nontenured policy-making or advisory position\nPursuant to the New Mexico Unemployment Compensation Law, NMSA 1978, Sections 51-1-1 to -59 (1978, as amended through 2010), unemployment compensation benefits are not available for services performed by an individual in the employment of a government entity who is \u201cin a position which, under or pursuant to state law, is designated as ... a major nontenured policy-making or advisory position.\u201d Section ,51-l-44(A)(5)(a) (emphasis added). For an employee in a state government position to be ineligible for unemployment compensation benefits, legislation must expressly (1) designate that position as a nontenured position, and (2) designate the position as either a major policy-making position or a major advisory position. Id. All three Claimants concede that their former positions were nontenured positions. See \u00a7 10-9-4(C), (D) (designating \u201cheads of agencies appointed by boards or commissions\u201d and \u201cdirectors of department divisions\u201d as nontenured state employees excluded from protection under the dismissal and demotion rules provided in Section 10-9-13(H) of the State Personnel Act). Accordingly, the sole issue before this Court is whether Claimants\u2019 former positions were designated by the Legislature as either major nontenured policy-making positions or major nontenured advisory positions. Section 51-l-44(A)(5)(a).\nThe Legislature enacted Section 51-1-3 of the Unemployment Compensation Law to serve as \u201ca guide to the interpretation and application of\u201d the Unemployment Compensation Law. Pursuant to Section 51-1-3, the general rule is that every employee in New Mexico is eligible for unemployment compensation benefits unless the Legislature designates a certain position ineligible for those benefits. Compare \u00a7 51-1-3 (stating that the public good mandates the \u201csetting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own\u201d), with \u00a7 51-1-44(A)(5) (noting certain positions that are exempt from receiving unemployment benefits).\nConsistent with Section 51-1-3, this Court construes the Unemployment Compensation Law liberally in favor of employees to afford them the benefits intended by law. See Emp\u2019t Sec. Comm'n v. C. R. Davis Contracting Co., 1969-NMSC-174, \u00b6 13, 81 N.M. 23, 462 P.2d 608 (recognizing that the Unemployment Compensation Law \u201cis remedial legislation that calls for a liberal construction to the end that humanitarian purposes may be given effect.\u201d). Conversely, this Court narrowly construes exemptions under the Unemployment Compensation Law. See Peisker v. Unemployment Comp. Comm\u2019n, 1941-NMSC-031, \u00b6 7, 45 N.M. 307, 115 P.2d 62 (stating that an employer claiming an exemption from the unemployment tax carries a heavy burden because granting an exemption from the tax is strictly construed against the employer); see also Samosa v. Lopez, 1914-NMSC-061, \u00b6 13, 19 N.M. 312, 142 P. 927 (\u201cIt is a well-established rule of construction that a statute of exemption from taxation must receive a strict construction, and no claim of exemption should be sustained, unless within the express letter or the necessary scope of the exemption clause.\u201d).\nThe Department argues that Section 51-1-44(A)(5)(a) requires a factual analysis of Claimants\u2019 former daily employment duties to determine whether Claimants held major nontenured policy-making or advisory positions that are ineligible for unemployment compensation benefits. We disagree. The plain language of Section 51 -1 -44(A)(5)(a) requires a purely legal analysis regarding whether the Legislature has \u201cunder or pursuant to state law, . . . designated\u201d a position as \u201ca major nontenured policy-making or advisory position.\u201d See N.M. Indus. Energy Consumers v. N.M. Pub. Regulation Comm'n, 2007-NMSC-053, \u00b6 20, 142 N.M. 533, 168 P.3d 105 (\u201cWe look first to the plain language of the statute, giving the words their ordinary meaning, unless the Legislature indicates a different one was intended.\u201d). Accordingly, we interpret the plain language of Section 51-1-44(A)(5)(a) as requiring the Legislature to expressly designate which nontenured state governmentpositions are major policy-making or advisory positions.\nIn these consolidated cases, the New Mexico Court of Appeals identified different approaches by which the Legislature could designate which nontenured state government positions are major policy-making or advisory positions. In Perez, the majority focused on the statutory duties of the personnel director as specified in Section 10-9-12, and concluded that the specification satisfies the language \u201cdesignated as\u201d in Section 51-1-44(A)(5). 2014-NMCA-035, \u00b6 25. The majority also concluded that \u201cthe personnel director\u2019s broadly designated [statutory] duties to supervise and recommend along with the director\u2019s advisory responsibilities can be considered major because they are notable, conspicuous in effect and scope, important, significant, and a major part and aspect of the personnel director\u2019s full gamut of duty.\u201d Id.\nIn the consolidated appeals of Griego and Hatch, each judge on the panel offered a different approach as to how the Legislature could make the designation. Judge Vigil would require the designation to be \u201cexpressly set forth in a statute, rule, regulation, or executive order.\u201d Griego, No. 32,556, consolidated with No. 32,963, Order of Certification to the New Mexico Supreme Court, Ex. 1, \u00b6 6 (Vigil, J., proposed op.). Judge Vigil would reject an approach that would require a fact-finder to examine what the employee actually did, and would also decline to consider job descriptions. Id. Judge Bustamante would rely on the Executive Reorganization Act, NMSA 1978, Sections 9-1-1 to -13 (1977, as amended through 1983), and would hold that all nontenured positions at or above division director are not eligible for unemployment compensation. Griego, No. 32,556, consolidated with No. 32,963, Order of Certification to the New Mexico Supreme Court, Ex. 2 (Bustamante, J., proposed op.). Judge Sutin would not consider regulations, rules, or executive orders, but would interpret statutory job descriptions to determine whether the job description evinces a legislative intent to designate a position as a major policy-making or advisory position. Id., Ex. 3 (Sutin, J., proposed op.).\nIn addition to the suggestions from the Court of Appeals, we have reviewed how other states have designated nontenured positions as major policy-making or advisory positions, and we have identified four basic approaches. First, the Legislature could identify by title the nontenured positions it intends to be majornontenuredpolicy-making or advisory positions. Second, the Legislature could define the terms \u201cmajor,\u201d \u201cnontenured,\u201d \u201cpolicy-making,\u201d and \u201cadvisory position.\u201d Third, the Legislature could delegate to employing executive branch offices or administrative agencies its authority to prospectively designate positions as major nontenured policy-making or advisory positions. Fourth, the Legislature could define the duties of nontenured employees to reveal which positions have majorpolicy-making and advisory roles. We discuss each of these approaches in the following subsections.\n1. The Legislature may enact legislation that identifies by title the positions it designates as major nontenured policy-making or advisory positions pursuant to Section 51-l-44(A)(5)(a)\nA statute identifying by title the positions that are designated major nontenured policy-making or advisory positions would provide the Department and courts with the simplest way to determine the Legislature\u2019s intent under Section 51-1-44(A)(5)(a). See Diamond v. Diamond, 2012-NMSC-022, \u00b6 25, 283 P.3d 260 (\u201cWhere the language of a statute is clear and unambiguous, we must give effect to that language and refrain from further statutory interpretation.\u201d (internal quotation marks and citations omitted)). For example, the Minnesota Unemployment Insurance Law provides that eligible positions for unemployment compensation purposes do not include \u201cemployment for Minnesota that is a major policy-making or advisory position in the unclassified service,\u201d Minn. Stat. Ann. \u00a7 268.035(20)(15) (West 2010), and \u201cemployment for a political subdivision of Minnesota that is a major nontenured policy making or advisory position.\u201d Minn. Stat. Ann. \u00a7 268.035(20)(16). The Minnesota State Personnel Management Act, Minn. Stat. Ann. \u00a7 43 A.001 to 43 A.55 (West 1981, as amended through 2010), exhaustively specifies which positions are designated as \u201cunclassified.\u201d Minn. Stat. Ann. \u00a7 43A.08. The relevant positions that are ineligible for unemployment compensation benefits under the Minnesota State Personnel Management Act and Unemployment Insurance Law are \u201cexecutive or administrative heads of departments, bureaus, divisions, and institutions specifically established by law in the unclassified service,\u201d Minn. Stat. Ann. \u00a7 43A.08(2) (emphasis added), and \u201cexecutive directors or executive secretaries appointed by and reporting to any policy-making board or \u25a0 commission established by statute.\u201d Minn. Stat. Ann. \u00a7 43A.08(16) (emphasis added).\nThe Department argues that our Legislature has enacted similar legislation that designates Claimants\u2019 former positions as major policy-making or advisory positions. Specifically, the Department maintains that the Legislature has designated all nontenured positions that are exempt from coverage under the Personnel Act as major policy-making or advisory positions and therefore ineligible for unemployment compensation benefits, citing our opinion in State ex rel. Duran v. Anaya, 1985-NMSC-044, 102 N.M. 609, 698 P.2d 882. We disagree.\nIn Duran, former members of the State Board of Barber Examiners who had been removed from their positions by former Governor Toney Anaya argued that they had a protected property interest in their positions. Id. \u00b6\u00b6 2, 11. The former members maintained that they were entitled to both \u201cnotice and [a] hearing prior to the deprivation caused by the Governor\u2019s actions in removing them from the Board, prior to the expiration of their terms.\u201d Id. \u00b6 11. This Court disagreed, noting that \u201cthe members of the State Board of Barber Examiners are policy-making persons and a policy-making public servant has no property interest in his [or her] position.\u201d Id. As a result, this Court concluded that by \u201cexempting members of boards and commissions and agency heads from the Personnel Act, ... the Legislature acknowledges that such policy-making positions are different from other types of employment positions and that such categories] of persons are not entitled to hearings b efore removal from their po sitions Id.\nA brief description of the provisions of the Personnel Act that were at issue in Duran helps explain our holding in Duran. The Personnel Act sets forth the procedural elements for dismissal or demotion of government employees. Section 10-9-13(H). The Personnel Act exempts certain positions from coverage under these procedures, and thereby makes the positions nontenured \u201cwith no expectation of continued employment.\u201d Swinney v. Deming Bd. of Educ., 1994-NMSC-039, \u00b6 7, 117 N.M. 492, 873 P.2d 238 (clarifying the status of an exempt government employee discharged under the New Mexico School Personnel Act); see \u00a7 10-9-4 (specifying categories of exempt government positions). Excluded from coverage under the Personnel Act and relevant to our inquiry are \u201cB. members of boards and commissions and heads of agencies appointed by the governor; C. heads of agencies appointed by boards or commissions; [and] D. directors of department divisions.\u201d Section 10-9-4. However, these provisions simply mean that the excluded positions are nontenured positions that do not have the protections of the dismissal or demotion procedures of the Personnel Act.\nDuran is inapplicable to this case because Claimants concede that their former positions were nontenured pursuant to the Personnel Act. To be ineligible for unemployment compensation benefits under Section 51-1-44(A)(5)(a), a nontenured position must also be expressly designated under or pursuant to state law as either (1) a major policy-making position or (2) a major advisory position. Section 51-l-44(A)(5)(a). Because Section 51-1-44(A)(5)(a) was not at issue in Duran, the court\u2019s observation that state employees holding certain \u201cpolicy-making positions\u201d are exempt from the Personnel Act is immaterial to our analysis. See 1985-NMSC-044, \u00b6 11. While Claimants\u2019 former positions are excluded from coverage under the Personnel Act, the Department still has the burden of proving that Claimants\u2019 former positions were designated as either (1) major policy-making positions or (2) major advisory positions. Section 51-l-44(A)(5)(a). If the Legislature intended every position exempt from the Personnel Act to also be ineligible for unemployment compensation benefits, it could have easily and expressly done so in order to meet the requirements of Section 51-1-44(A)(5)(a).\nOur Legislature has not enacted legislation that identifies by title the positions it designates as major nontenured policy-making or advisory positions. As a result, the Department\u2019s reliance on Duran and the example provided by the Minnesota Unemployment Insurance Law are inapplicable to these consolidated cases.\n2. The Legislature could define the terms \u201cmajor,\u201d \u201cnontenured,\u201d \u201cpolicy-making,\u201d and \u201cadvisory position\u201d as expressed under Section 51-1-44(A)(5)(a)\nThe Legislature may designate which nontenured positions are major policy-making or advisory positions by enacting legislation that adequately defines the key terms in Section 51-1-44(A)(5)(a). Definitions for \u201cmajor,\u201d \u201cnontenured,\u201d \u201cpolicy-making,\u201d and \u201cadvisory position\u201d would provide much needed context for interpreting Section 51-1-44(A)(5)(a).\nFor example, the Iowa Administrative Code provides definitions for the terms \u201cmajor,\u201d \u201cnontenured,\u201d \u201cpolicymaker,\u201d and \u201cadvisory position.\u201d Iowa Admin. Code r. 871 \u2014 23.71(96)(3) (2014).\nThe word \u201cmajor\u201d in the phrase \u201cmajor nontenured policymaking or advisory position\u201d refers to high level governmental positions usually filled by appointment by the chief executive of the political entity (governor, mayor, etc.), or a council, and which involves responsibilities affecting the entire political entity, whether it be the state, county or city.\nIowa Admin. Code r. 871 \u2014 23.71(96) (3) (b)(3). \u201cThe term \u2018nontenured\u2019 is used in its usual meaning to mean that the position is not covered by merit system or civil service law or rules with respect to duration of appointment to the service.\u201d Iowa Admin. Code r. 871 \u2014 23.71(96)(3)(b)(4). \u201c \u2018Policymaker\u2019 is defined as generally referring to the determination of the direction, emphasis and scope of action in the development of, and the administration of, governmental programs. Such responsibilities are confined to and inherent in jobs of the higher echelons of government.\u201d Iowa Admin. Code r. 871 \u2014 23.71(96)(3)(b)(l). Finally, \u201c[a]n \u2018advisory position\u2019 is one which advises established governmental agencies and officers with respect to policy, program and administration without having authority to implement the recommendations.\u201d Iowa Admin. Code r. 871 \u2014 23.71 (96)(3)(b)(2).\nOur Legislature has not defined the terms in Section 51-l-44(A)(5)(a) of the Unemployment Compensation Law. See \u00a7\u00a7 51-1-1 to -59. Our analysis in these consolidated cases would greatly benefit from legislation that defined the key terms in Section 51-1-44(A)(5)(a) in a manner analogous to the definitions provided in the Iowa Administrative Code. However, this approach is inapplicable here because our Legislature has yet to define the key terms in Section 51-l-44(A)(5)(a).\n3. The Legislature could delegate authority under Section Sl-l-44(A)(5)(a) to the executive branch or administrative agencies\nThe Legislature could make it clear that designations \u201cunder or pursuant to state law\u201d also authorize the executive branch, boards, commissions, or other administrative agencies to designate which positions are major nontenured policy-making or advisory positions that are ineligible for unemployment compensation. This is the approach followed in Pennsylvania. Pennsylvania courts have interpreted that state\u2019s unemployment compensation laws to permit designations of state government positions as major policy-making or advisory positions to be by \u201cstatute, regulation, executive order or the like,\u201d provided such designations are \u201cmade by an official or entity with authority to set such terms.\u201d Odato v. Unemployment Comp. Bd. of Review, 805 A.2d 660, 662 (Pa. Commw. Ct. 2002) (internal quotation marks and citations omitted); see, e.g., Mandel v. Unemployment Comp. Bd. of Review, No. 258 C.D.2012, 2013 WL 3942184, mem. op. at *2, *7 (Pa. Commw. Ct. Mar. 18, 2013) (nonprecedential) (recognizing a management directive issued by the Pennsylvania Governor\u2019s Office which set forth the positions designated by the Governor\u2019s Office as \u201cmajor nontenured policymaking or advisory positions\u201d). An important consideration is that the employee knows in advance of accepting employment as a nontenured employee that once terminated, he or she will not be eligible for unemployment compensation. See Odato, 805 A.2d at 663 (recognizing that the designation provides \u201can official signpost which informs the jobholder, upon assuming the position, of what can be expected.\u201d (internal quotation marks and citation omitted)).\nWe interpret \u201cstate law\u201d in Section 51 -1 -44(A)(5)(a) to mean a statute enacted by the Legislature. Section 51-l-44(A)(5)(a) grants the Legislature exclusive authority to designate which nontenured positions are major policy-making or advisory positions. This authority is exclusive to the Legislature until it enacts legislation that delegates its authority under Section 51-l-44(A)(5)(a) to the executive branch, a board, commission, or administrative agency. Because the Legislature has not enacted such legislation, the Pennsylvania cases evaluating regulations and executive orders are not helpful here. We now turn to .the fourth example of how the Legislature could expressly designate positions as major nontenured policy-making or advisory positions.\n4. The Legislature could define the statutory duties of a position which could be interpreted by the Department or the courts to reflect a legislative intent to designate the position as a major nontenured policy-making or advisory position\nAlthough the Legislature has not followed any of the preceding approaches for designating which positions are major nontenured policy-making or advisory positions, it has on occasion enacted legislation describing the duties and responsibilities of particular positions. Because \u201c[ojur principal goal in interpreting statutes is to give effect to the Legislature\u2019s intent,\u201d Griego v. Oliver, 2014-NMSC-003, \u00b6 20, 316 P.3d 865, we conclude that interpreting statutory job descriptions could evince a legislative intent to make the requisite designations under the Unemployment Compensation Law.\nWith respect to major policy-making positions, we have recognized that in addition to the Legislature, which as the voice of the people makes public policy, \u201c[ejlected executive officials and executive agencies also make policy, [but] to a lesser extent, [and only] as authorized by the constitution or legislature.\u201d State ex rel. Taylor v. Johnson, 1998-NMSC-015, \u00b6 21, 125 N.M. 343, 961 P.2d 768 (second and third alterations in original) (internal quotation marks and citation omitted). The Executive Reorganization Act creates an executive cabinet which is \u201cheaded by the governor and consists] of, but [is] not limited to, the lieutenant governor, and the secretaries of such departments as are hereafter created and designated as \u2018cabinet departments\u2019 pursuant to law.\u201d Section 9-l-3(A). Section 9-l-3(B)-(C) describes the duties of the executive cabinet.\nB. The cabinet shall:\n(1) advise the governor on problems of state government,\n(2) establish liaison and provide communication between the executive departments and state elected officials;\n(3) investigate problems of public policy,\n(4) study government performance and recommend methods of interagency cooperation',\n(5) review policy problems and recommend solutions',\n(6) strive to minimize and eliminate overlapping jurisdictions and conflicts within the executive branch; and\n(7) assist the governor in defining policies and programs to make the government responsive to the needs of the people.\nId. (emphasis added). In addition, the Executive Reorganization Act requires the governor to \u201cseek the advice of the cabinet members.\u201d Section 9-l-3(C) (emphasis added).\nAlthough Section 9-1-3 does not use the terms \u201cmajor\u201d and \u201cpolicy-making or advisory,\u201d it is evident that the Legislature intended the executive cabinet members to play a major role in advising the Governor on public policy issues affecting the entire state. The executive cabinet members operate in very close organizational and functional proximity to the Governor, and because they advise the Governor regarding statewide policy issues, their roles are major ones. Cf. Republican Party of N.M. v. N.M. Taxation & Revenue Dep\u2019t, 2012 NMSC-026, \u00b6 46, 283 P.3d 853 (limiting executive privilege \u201cto those communications to or from individuals in very close organizational and functional proximity to the Governor\u201d and government documents \u201cauthored, or solicited and received, by either the Governor or an \u2018immediate advisor,\u2019 with \u2018broad and significant responsibility\u2019 for assisting the Governor with his or her decisionmaking\u201d (citations omitted)). Based on the statutory duties described under Section 9-1-3, it is clear that the Legislature intended to exempt executive cabinetmembers from eligibility for unemployment compensation benefits pursuant to Section 51-1-44(A)(5)(a) because of their major advisory role in policy making. The Executive Reorganization Act serves as one example of how the Legislature could describe statutory duties that evince its intent to designate the position as one that is a major advisory position.\nThus, to be ineligible for unemployment benefits, the statutory duties for a state position must provide equal or greater responsibilities than the statutory duties under Section 9-1-3. With this guiding principle in mind, we now analyze whether Claimants are eligible for unemployment compensation benefits by analyzing their former statutory duties against the statutory duties provided under Section 9-1-3.\nB. The Legislature has not designated Claimants\u2019 former positions as either major policy-making or advisory positions\nThe statutory duties for Claimants\u2019 former positions are distinguishable from those of the executive cabinet under the Executive Reorganization Act. Of the former positions held by Claimants, only the position held by Perez had duties described by statute. Because the former positions held by Griego and Hatch do not have duties described by statute, we hold that the Legislature could not have designated their positions as major nontenured policy-making or advisory positions as required by Section 51-1-44(A)(5)(a). As a result, both Griego and Hatch are eligible for unemployment compensation benefits. Our analysis now focuses solely on the statutory duties for Perez\u2019s position.\nAs state personnel director, Perez handled the administrative duties of the State Personnel Office and implemented the rules and policies promulgated by the State Personnel Board. Section 10-9-12. Specifically, her statutory duties were to:\nA. supervise all administrative and technical personnel activities of the state;\nB. act as secretary to the board;\nC. establish, maintain and publish annually a roster of all employees of the state, showing for each employee his [or her] division, title, pay rate and other pertinent data;\nD. make annual reports to the board;\nE. recommend to the board rules he [or she] considers necessary or desirable to effectuate the Personnel Act; and\nF. supervise all tests and prepare lists of persons passing them to submit to prospective employers.\nId. These statutory duties do not support the Department\u2019s conclusion that the Legislature designated Perez\u2019s former position as a major nontenured policy-making or advisory position.\nWithin the State Personnel Office, only the State Personnel Board has major policy-making statutory duties. The State Personnel Board has statutory authority to:\nA. promulgate regulations to effectuate the Personnel Act;\nB. hear appeals and make recommendations to the employers',\nC. hire, with the approval of the governor, a director experienced in the field of personnel administration;\nD. review budget requests prepared by the director for the operation of the personnel program and make appropriate recommendations thereon;\nE. make investigations, studies and audits necessary to the proper administration of the Personnel Act;\nF. make an annual report to the governor at the end of the fiscal year;\nG. establish and maintain liaison with the general services department; and\nH. represent the public interest in the improvement of personnel administration in the system.\nSection 10-9-10 (emphasis added). The rules promulgated by the State Personnel Board set statewide personnel policies for employees covered under the Personnel Act such as \u201cclassification plan[s],\u201d \u201cpay plan[s],\u201d \u201chours of work, holiday and leave,\u201d and \u201cdismissal or demotion procedurefs].\u201d Section 10-9-13(A), (B), (G), (H).\nWhile State Personnel Board members have major policy-making duties they are not employees, and therefore they are not eligible for unemployment compensation benefits pursuant to Section 51-1 -44(A)(5)(a). Of the six statutory duties under Section 10-9-12 for the state personnel director, only Subsection E granted Perez authority to recommend rules to the State Personnel Board. We agree with the Court of Appeals that \u201c \u2018[rjecommend\u2019 can mean \u2018advise or counsel.\u2019 \u201d Perez, 2014-NMCA-035, \u00b6 19 (quoting Black\u2019s Law Dictionary 1436 (Rev. 4th 1968)). However, the issue is not whether a state employee has a duty to render some advice. The majority of the statutory duties of the personnel director under Section 10-9-12 are administrative. Whether and if the personnel director will make a recommendation to amend personnel rules is but a small part of the required job duties. Personnel rule amendments may be neither required nor desirable. By contrast, the Executive Reorganization Act requires the executive cabinet to regularly and continuously advise the Governor about problems in state government, investigate public policy concerns and recommend solutions, and assist the Governor in continually defining the policies that would be responsive to the needs of the people of New Mexico. Section 9-1-3.\nComparing the job description for the personnel directorunder Section 10-9-12 with the job description of the executive cabinet in Section 9-1-3, we conclude that the Legislature did not intend to designate the personnel director position as one that is nontenured and a major policy-making or advisory position. As a result, we hold that Perez is also eligible for unemployment compensation. Our conclusion is also consistent with the public policy of the Unemployment Compensation Law and our obligation to liberally construe that Law in favor of awarding unemployment compensation benefits to employees. Should the Legislature believe that we have misinterpreted its intent, we have outlined different approaches by which the Legislature can make its intentions clearer.\niil. CONCLUSION\nThe Department erred when it denied unemployment compensation benefits to Perez, Griego, and Hatch. We reverse the Court of Appeals\u2019s holding in Perez, 2014-NMCA-035, \u00b6\u00b6 1, 26, and reinstate the district court\u2019s order granting Perez unemployment compensation benefits. With respect to Griego, we reverse the district court\u2019s order affirming the Department\u2019s determination denying Griego unemployment compensation benefits. With respect to Hatch, we affirm the district court\u2019s order granting Hatch unemployment compensation benefits by reversing the Department\u2019s determination.\nIT IS SO ORDERED.\nEDWARD L. CH\u00c1VEZ, Justice\nWE CONCUR:\nBARBARA J. VIGIL, Chief Justice\nPETRA JIMENEZ MAES, Justice\nRICHARD C. BOSSON, Justice\nCHARLES W. DANIELS, Justice", "type": "majority", "author": "CH\u00c1VEZ, Justice." } ], "attorneys": [ "Youtz & Valdez, P.C. Stephen Curtice James A. Montalbano Shane Youtz Albuquerque, NM for Petitioner", "Marshall J. Ray, General Counsel Rudolph Preston Arnold, Deputy General Counsel Albuquerque, NM for Respondent New Mexico Department of Workforce Solutions", "Law Office of Jason Lewis Jason J. Lewis Albuquerque, NM for Respondent New Mexico State Personnel Office", "Debra Griego Santa Fe, NM Pro Se Appellant", "Marshall J. Ray, General Counsel Rudolph Preston Arnold, Deputy General Counsel Albuquerque, NM for Appellees/Appellants New Mexico Department of Workforce Solutions and New Mexico Racing Commission", "Caldwell Law Firm, L.L.C. Joseph E. Caldwell El Prado, NM for Appellee India Hatch" ], "corrections": "", "head_matter": "IN THE SUPREME COURT OF THE STATE OF NEW MEXICO\nOpinion Number: 2015-NMSC-008\nFiling Date: March 9, 2015\nDocket No. 34,499\nSANDRA K. PEREZ, Petitioner-Petitioner, v. NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS and NEW MEXICO STATE PERSONNEL OFFICE, Respondents-Respondents. DEBRA GRIEGO, Petitioner-Appellant, v. NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS and NEW MEXICO DEPARTMENT OF FINANCE AND ADMINISTRATION, Respondents-Appellees. Consolidated with: INDIA HATCH, Petitioner-Appellee, v. NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS and NEW MEXICO RACING COMMISSION, Respondents-Appellants.\nYoutz & Valdez, P.C. Stephen Curtice James A. Montalbano Shane Youtz Albuquerque, NM for Petitioner\nMarshall J. Ray, General Counsel Rudolph Preston Arnold, Deputy General Counsel Albuquerque, NM for Respondent New Mexico Department of Workforce Solutions\nLaw Office of Jason Lewis Jason J. Lewis Albuquerque, NM for Respondent New Mexico State Personnel Office\nConsolidated with:\nDocket No. 34,880\nDebra Griego Santa Fe, NM Pro Se Appellant\nMarshall J. Ray, General Counsel Rudolph Preston Arnold, Deputy General Counsel Albuquerque, NM for Appellees/Appellants New Mexico Department of Workforce Solutions and New Mexico Racing Commission\nCaldwell Law Firm, L.L.C. Joseph E. Caldwell El Prado, NM for Appellee India Hatch" }, "file_name": "0409-01", "first_page_order": 425, "last_page_order": 438 }