New Mexico Administrative Code

Permanent.

July 1, 2015, unless a later date is cited at the end of a section.

The objective of Part 13 of Chapter 12 is: to provide a process for adoption, amendment, or repeal of a public defender commission rule.

A. The public defender commission shall provide an opportunity for employees of the department and interested parties to comment on proposed rule changes at least 30 calendar days prior to the adoption, amendment or repeal of any rule. B. At least 30 calendar days prior to the ad…

The public defender commission shall hold a public hearing on the proposed action. Interested persons or duly authorized representatives shall have the opportunity to submit written statements or make oral presentations.

New Mexico Public Defender Commission.

A. If the chief determines that reasonably available administrative measures would fail or have failed to alleviate the risk described in Subsection E of 10.12.14.9 NMAC, the chief shall state in writing that accepting additional cases would be ethically irresponsible. B. The chi…

A. When the chief determines that affected office and attorney workloads make it ethically irresponsible for affected offices and attorneys to accept additional case assignments as described in Subsection A of 10.12.14.10 NMAC the chief shall prepare a notice of case refusal. B. …

Applies to all employees of the New Mexico public defender department and to its contract attorneys.

N.M. Const., Article VI, Section 39; Subsection B of Section 31-15-2.4 NMSA 1978.

Permanent.

August 28, 2018, unless a later date is cited at the end of a section.

The objective of Part 14 of Chapter 12 is: to create guidelines for the department to use when excessive attorney workloads would make acceptance of additional clients by the affected attorneys ethically irresponsible or would violate the New Mexico rules of professional conduct …

"The 2007 report" means the report published by the New Mexico sentencing commission in 2007 on a workload study conducted in conjunction with the national center for state courts.

A. Each office of the public defender department shall maintain a continuing record of the case assignments per year for each attorney employed by that office. B. This record shall include for each case assignment the nature of the charges, whether the case includes felony charge…

A. When reported case assignments for three or more months how the attorneys of a particular office have or a contract attorney has case assignments in excess of quarterly standards derived from the 2007 report, the chief shall conduct an investigation. In conducting this investi…

Public Defender Commission

Employees in term status who complete the one year probationary period required by 10.12.2.8 NMAC shall have all of the rights and privileges of employees in career status except that term appointments may be expired due to reduction or loss of funding or when the special project…

Temporary appointments may be expired with at least 24 hours written notice to the employee without right of appeal.

A.An emergency appointment is the employment of an apparently qualified applicant when an emergency condition exists as determined by the chief and there are no applicants available on an appropriate employment list or when there may be insufficient time for the normal recruitmen…

The expiration of a term, probationary, emergency or temporary appointment shall not be considered to be a layoff within the meaning of 10.12.10.9 NMAC or a dismissal within the meaning of Subsection L of 10.12.1.7 NMAC.

The department shall require that a form be signed by all employees at the time of appointment acknowledging the terms and conditions of the appointment.

Applies to all employees.

Section 31-15-2.4(B) (6) NMSA 1978; Section 31-15-7 NMSA 1978; 42 U.S.C Section 12101 et seq.; Section 14: NMSA 1978, Section 14-2-1 NMSA 1978 and 42 U.S.C Section 101 et seq.; Chapter 173, laws of 1997.

Permanent.

July 1, 2015, unless a later date is cited at the end of a section.

The objective of Part 2 of Chapter 12 is to describe various types of appointments in the department and to describe employees' rights.

A. "Career appointment" is the employment of a candidate in a position recognized by the office as permanent. B. "Term appointment" is the employment of a candidate in a position created for a special project or program with a designated duration. C. "Temporary appointment" is th…

A. A probationary period of one year is required of all employees unless otherwise provided for by these rules. B. The probationary period includes all continuous employment in the department except temporary service. C. A break in employment of at least one work day or more will…

An employee in a career appointment attains career status beginning the day following the end of the probationary period required by 10.12.2.8 NMAC unless otherwise provided for by these rules.

Public Defender Commission

On a date determined by the human resource director, employees affected by a classification study shall be assigned to the resulting new classification which best represents the job performed without having to meet the established requirements, unless minimum qualifications are r…

Applies to all employees

Section 31-15-2.4(B)(6) NMSA 1978 and Section 31-15-7 NMSA 1978.

Permanent.

July 1, 2015, unless a later date is cited at the end of a section.

The objective of Part 3 of Chapter 12 is to provide for a uniform and fixable system for the classification of department positions that supports the mission of the department, is adaptable to change, ensures that all positions are assigned to their appropriate classification, an…

"Classification plan" means a document developed by the human resource director and approved by the chief that describes the chief's classification philosophy and is the foundation for ensuring consistent application of the philosophy.

A. The human resource director, pursuant to direction from the chief, shall establish, maintain and, administer a classification plan for all positions throughout the department. B. The chief establishes a classification through the review, approval and adoption of new or revised…

A. The human resource director shall ensure that each position in the department is assigned to the classification that best represents the duties assigned by the employer and performed by the employee. B. When a filed position is assigned a classification with a lower pay band, …

Public Defender Commission

A. The human resource director may recommend to the chief the assignment of an alternative pay range(s): (1) Alternative pay range(s) will be utilized to address compensation related to recruitment and retention issues. (2) All jobs in an alternative pay range have the same range…

A.Based on the pay plan, the human resource director shall develop and maintain salary schedules for the department that shall consist of pay ranges. B. No employee in the department shall be paid a salary less than neither the minimum nor greater than the maximum of their design…

A. Entrance salary: Upon entrance to a department position, a newly-appointed employee's salary, subject to budget availability, should refect appropriate placement within the pay range. Any entrance salary in the principal contributor zone must receive approval from the human re…

A.Temporary recruitment differential: The chief may authorize, in writing, a pay differential of up to 15% of an employee's base pay to an employee who fills a position which has been documented as critical to the effective operation of the department and has been demonstrated an…

A. The office is responsible for the evaluation of each employee's position and duties in order to determine their overtime status as set forth under the FLSA. B. The office shall provide documentation to employees as to the determination of their overtime status. C. Employees ha…

A. When an authorized holiday falls on an employee's regularly scheduled work day and the employee is not required to work, the employee shall be paid at their hourly rate of pay for the number of hours they would have normally worked. B. Full-time employees, whose normal work sc…

The department may provide cash awards to employees with the approval of the chief in accordance with the provisions of Section 10-7-12 NMSA 1978.

Applies to all employees.