New Mexico Administrative Code

A. Permanent positions have no expiration date and have been funded by the legislature. Permanent positions may be filled by either covered or at will employees. B. Employees appointed to permanent positions designated as covered shall serve a probationary period. Upon satisfacto…

A. Term positions have an expiration date and may be funded by the legislature, a federal grant or some other revenue source. Term positions may be filled by either covered or at will employees. B. Employees appointed to term positions designated as covered shall serve a probatio…

Administrative Office of the District Attorneys

This part sets forth the layoff procedure affecting covered employees in the event of a reduction in force.

This rule is adopted pursuant to: A. Section 36-1-25 NMSA 1978 which, among other things, authorizes the duly appointed director of the administrative office of the district attorneys to appoint necessary personnel and assign their duties within the administrative office of the d…

Permanent

June 30, 2010, unless a later date is cited at the end of a section.

To establish for all district attorneys a uniform, equitable and binding system of personnel administration.

[RESERVED]

A. When a covered position cannot be continued due to the lack of work, lack of legislatively appropriated funds or other reasons that do not reflect discredit on the services of employees, the district attorney may order a reduction in personnel. B. A district attorney may propo…

A. For a period of six (6) months following a layoff, affected employees shall be given priority for reinstatement to their former positions at the same pay or to a similar position for which they qualify at a lower, equivalent or higher rate of pay in the reverse order in which …

Administrative Office of the District Attorneys

A. Overtime is calculated in terms of a work week beginning on Saturday and ending on Friday which is a fixed and regularly recurring period of one hundred sixty-eight (168) hours of seven (7) consecutive twenty-four (24) hour periods. If an employee is required to work beyond fo…

A. Annual leave shall be accrued by all eligible employees from the first day of employment. Eligible employees include all employees, except those in temporary positions. In the case of part-time employees, leave shall be accrued in proration to hours worked. For any service les…

A. Sick leave shall be accrued by all eligible employees from the first day of employment. Eligible employees include all employees, except those in temporary positions. In the case of part-time employees, leave shall be accrued in proration to hours worked. For any service less …

A. An employee who is entitled to workers' compensation shall be compensated and treated in accordance with the Workers' Compensation Act, Chapter 52, Article 1, NMSA 1978, as amended. B. An employee who sustains a job-related disability and is temporarily unable to perform his/h…

A. Eligible employees are entitled to leave in accordance with the Family and Medical Leave Act (FMLA) of 1993 (29 U.S.C. 2601 et seq.). Eligible employees are those who have been employed in either the executive, judicial, or legislative branches of New Mexico state government o…

A. An employee may, upon request, be granted leave without pay for a period not exceeding twelve (12) months, provided the district attorney deems such leave to be justified and not detrimental to the operations of the office. B. The district attorney may place an employee on inv…

A. Employees who fail to appear for work without authorized leave or who appear for work but are in violation of office policy governing their readiness for work shall be considered to be absent without leave. B. Employees shall not be paid for any periods of absence without leav…

A. The district attorney may authorize an employee administrative leave when it is in the best interest of the district attorney's office to do so. B. An employee who has been duly appointed as a member of a public board or commission shall be entitled to administrative leave, wi…

Educational leave permits employees to pursue special training related to their employment. A district attorney may grant an employee educational leave with or without pay.

A. An employee who is ordered to active duty (not active duty training) and presents a copy of the official orders or appropriate military certificate to the district attorney shall be granted military leave with pay for the first fifteen (15) calendar days. After the paid milita…

This part sets forth the rules governing the attendance and leave of employees in the office of the district attorneys.

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

A. Employees in full-time positions who have completed at least one year of service are entitled to one (1) personal leave day each calendar year. Employees in part-time positions who have completed at least one (1) year of service are entitled to a personal leave prorated to the…

A. The district attorneys' offices shall observe the dates published by the New Mexico supreme court as legal public holidays. B. Covered employees required to work on the day a holiday is observed shall be paid at two (2) times the usual hourly rate of pay for all hours actually…

If an employee's request for leave of absence with or without pay is disapproved and the employee takes unauthorized leave, the district attorney may place the employee on leave without pay and after an unauthorized leave of absence for three (3) consecutive workdays may consider…

A. Employees may donate annual leave to other employees in the same district attorney's office for a serious health condition or the serious health condition of a family member as defined in the FMLA, with the approval of the district attorney. B. Each district attorney's office …

A. With regard to a request for donation of annual leave, a form entitled "request for donation of annual leave" shall be completed and submitted. The form may be created and revised from time to time by the administrative office of the district attorneys, subject to the approval…

This rule is adopted pursuant to: A. Section 36-1-25 NMSA 1978 which, among other things, authorizes the duly appointed director of the administrative office of the district attorneys to appoint necessary personnel and assign their duties within the administrative office of the d…

Permanent

June 30, 2010, unless a later date cited at the end of a section.

To establish for all district attorneys a uniform, equitable and binding system of personnel administration.

[RESERVED]

A. The standard work week for full-time, covered employees shall be forty (40) hours. All full-time and part-time employees shall be required to be present on their assigned job for the total hours in the established work week, unless absent with authorization. B. Required attend…

A. Each district attorney's office is required to keep an accurate record of all hours worked by each employee. A record of all authorized leaves of absence taken by employees, pursuant to these rules, shall be kept. B. Falsification of any attendance or leave records shall be ca…

Administrative Office of the District Attorneys

The district attorney employee performance appraisal and development forms and an accompanying manual of detailed instructions are created and revised from time to time by the administrative office of the district attorneys, subject to the approval or ratification by the district…

This part sets forth the performance appraisal and development of employees in the offices of the district attorneys and the administrative office of the district attorneys.

This rule is adopted pursuant to: A. Section 36-1-25 NMSA 1978 which, among other things, authorizes the duly appointed director of the administrative office of the district attorneys to appoint necessary personnel and assign their duties within the administrative office of the d…

Permanent

June 30, 2010, unless a later date is cited at the end of a section.

To establish for all district attorneys a uniform, equitable and binding system of personnel administration.

[RESERVED]

The purpose of completing an employee performance appraisal and development form may be in order to achieve any of the following: A. to evaluate and assess an employee's performance, conduct, and ability in relation to the job requirements for their position; B. to inform an empl…

A. It is the responsibility of an employee's immediate supervisor to rate each incumbent's performance at least once a year. This individual shall be referred to as the "rater". B. It is the responsibility of upper level management to review all employee performance appraisal and…

Administrative Office of the District Attorneys

A. The dismissal, demotion or suspension of a covered employee shall be accomplished according to the following procedure. (1) The employee will be served by the district attorney, or their designee, with a written notice of the proposed disciplinary action which shall:(a) cite t…

This part sets forth the rules for the establishment, maintenance and administration of an equitable, disciplinary process which shall be applicable to all positions in the offices of the district attorneys and the administrative office of the district attorneys.

This rule is adopted pursuant to: A. Section 36-1-25 NMSA 1978 which, among other things, authorizes the duly appointed director of the administrative office of the district attorneys to appoint necessary personnel and assign their duties within the administrative office of the d…