New Mexico Administrative Code

Section 31-15-2.4(B)(6) NMSA 1978 and Section 31-15-7 NMSA 1978; and 29 U.S.C. Sections 201 to 262.

Permanent.

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

The objective of Part 4 of Chapter 12 is to provide a uniform system of pay administration for employees that is externally competitive and internally equitable.

A. "Alternative pay range" means the range of pay rates, from the minimum to the maximum for a classification based on the current market rate for benchmark jobs in the relevant labor market(s). B. "Alternative work schedule" means a schedule that is requested by an employee and …

A. The human resource director, pursuant to direction from the chief, shall establish, maintain and, administer a pay plan for all positions throughout the department, which shall include the pertinent factors that should be considered by managers for determining and justifying a…

The human resource director shall appoint a job evaluation committee composed of no less than three members including the human resource director and the deputy chief for administration. The human resource director will provide training in the job evaluation and measurement proce…

Public Defender Commission

A. The human resource director shall establish application procedures which include, among other things, criteria that will ensure compliance with federal and/or state law. Information on gender, ethnicity, and age of applicants shall be utilized only for affirmative action and o…

A. Security: (1)The human resource director or hiring manager shall maintain the security of all examinations. (2) Examinations shall be developed in conjunction with the office in accordance with established professional techniques and relevant federal laws, regulations, and gui…

A. Selection shall be based solely on qualification and ability. Selection for any appointment other than an emergency appointment to positions in the department shall be justified in writing and made from employment lists. B. The department is subject to the Criminal Offender Em…

Applies to all employees and candidates for vacant positions.

Section 31-15-2.4(B) (6) NMSA 1978; 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 5 of Chapter 12 is: to provide a system for the recruitment, examination and selection of applicants for employment in the department.

"Open for recruitment" means soliciting applications from the general public and state employees for vacant positions and may include internal recruitment only.

A. All vacant positions to be filled shall be open for recruitment unless otherwise authorized by the chief or provided for in these rules. B. Positions in the department shall be filled at the assigned classification. An underfill may be approved by the chief. An authorized unde…

A. The human resource director shall establish a means to effectively advertise and recruit for vacant positions within the department. B. Any qualified applicant shall have the opportunity to compete for vacant positions open for recruitment without regard to race, color, religi…

Public Defender Commission

Employees are prohibited from: A. allowing political or personal considerations to conflict with the interests of a department client's case; B. using official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for of…

A. Employees covered by the provisions of the Hatch Act may not be candidates for partisan political office elections. B. Employees not covered by the provisions of the Hatch Act may be candidates for any partisan political office but the employee shall use annual leave or leave …

An employee may rescind a letter of resignation within three workdays of its submission and the department must honor the rescission if it is submitted within the prescribed time limit.

A. Employees are provided with an in-house method for resolving complaints. All employees are encouraged to resolve complaints at the lowest level and informally if possible. Employees are encouraged to contact the human resource human resource director before fling a formal writ…

A. In accordance with Subsection A of 10.12.7.13 NMAC, employees who fail to appear for work without authorized leave or who appear for work in a condition that interferes with their ability their assignments in violation of this policy are considered absent without leave. B. Emp…

Allegations of violations of policies and procedures set forth by the department and state or federal law may require employees to participate as witnesses or potential witnesses in a variety of investigations. A. Employees have a duty to cooperate in an investigation and are req…

Applies to employees

Paragraph (6) of Subsection B of Section 31-15-2.4 NMSA 1978, Section 31-15-7 NMSA 1978, Section 12-5-2 NMSA 1978 and Sections 24-2B-1 to 24-2B-9 NMSA 1978, 5 U.S.C. Sections 1501 to 1508.

Permanent.

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

The objective of Part 6 of Chapter 12 is: to define certain acceptable activities; to prohibit certain activities and to provide legal holiday observation dates, while setting forth general working conditions for employees including employee complaint processes and readiness for …

"Nonpartisan election" is any election for public office when the candidate's party affiliations are neither indicated nor required.

The department shall not permit the hiring, promotion, or direct supervision of an employee by a person who is related by blood or marriage within the third degree to the employee.

Each year, prior to December 1, the chief shall publish the dates on which legal public holidays as designated in Section 12-5-2 NMSA 1978 (Repl. Pamp. 1988) shall be observed for the next calendar year.

Public Defender Commission

A. Employees, except those on full-time educational leave with pay, absence without leave, leave without pay, unpaid FMLA leave, or suspension without pay, shall accrue sick leave at the rate of 3.69 hours per pay period. B. Employees employed on a part-time basis and employees o…

A. Leave without pay may be approved when:(1) the department can assure a position of like status and pay, at the same geographic location, upon the return of the employee from leave without pay; or (2) the employee agrees in writing to waive that requirement. B. Leave without pa…

A. In addition to other leave provided for in 10.12.7 NMAC eligible employees are entitled to leave in accordance with the Family and Medical Leave Act (FMLA) of 1993 (29 U.S.C. Section 2601 et seq.). Employees who have been employed by the department for at least 12 months (whic…

A. Employees who fail to appear for work without authorized leave or who appear for work but are in violation of department policy governing their readiness for work shall be considered to be absent without leave in accordance with 10.12.6.13 NMAC. B. Employees shall not be paid …

A.The department may authorize employees leave with pay for up to five consecutive work days when it is in the best interests of the department to do so. Administrative leave in excess of five consecutive work days must have the prior written approval of the chief except for admi…

A. The department may grant employees educational leave with or without pay to pursue special training related to their employment. B. Employees on fulltime educational leave with pay shall not accrue annual or sick leave. C. Employees who are working part-time while on education…

A. Members of organized reserve units or the national guard ordered to active duty training shall be given up to 15 workdays of paid military leave per federal fiscal year. These 15 workdays are in addition to other authorized leave. B. The chief may grant members of the national…

A. Employees in career status are entitled to one personal leave day each calendar year. The personal leave day will be consistent with the employee's normal workday. Such leave must be requested and approved in advance. B. The personal leave day must be taken during consecutive …

A. All accrued annual and sick leave shall be transferred when persons change status from a position in the exempt service to a non-exempt position in the department without a break in employment. B. The department shall accept all accrued sick leave and military leave from perso…

A. In accordance with the provisions of Section 24-28-3 NMSA 1978, the chief may authorize a leave of absence, not to exceed 20 workdays, to an employee for the purpose of donating an organ or bone marrow. B. An employee may request and use donated annual or sick leave for the pu…

Applies to all employees.

Section 31-15-2.4(B) (6) NMSA 1978; Section 31-15-7 NMSA 1978, Section 10-7-10 NMSA 1978; Section 13: 29 U.S.C. Sections 201 and 2601 et seq.: Section 15: Section 1-12-42 NMSA 1978, Section 17 NMSA 1978, Sections 20-4-7, 20-5-14 and 20-7-5 NMSA 1978.

Permanent.

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

The objective of Part 7 of Chapter 12: is to provide for the accrual and administration of leave available to employees.