reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 4 - PAY › Section 10.12.4.15 - HOLIDAY PAY

Current through Register Vol. 35, No. 13, July 16, 2024
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
				schedule does not include the day observed as a holiday, shall be entitled to
				time off equal to the employee's normal workday.
C. Employees required to work on the day a
				holiday is observed, shall be compensated at two and one-half times their
				hourly rate of pay for all hours actually worked on the holiday. Such
				compensation shall be in the form of straight time cash payment for all hours
				actually worked and additional premium compensation, at the chief's discretion,
				of either compensatory time off or cash payment at one and one-half times the
				usual hourly rate of pay for all hours actually worked.
D. Part-time employees whose normal work
				schedule does not include the day a holiday is observed shall not be
				compensated for the holiday.
E.
				Employees who have been charged absence without leave on the workday prior to
				or directly following a holiday shall not be paid for the holiday.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 4 - PAY › Section 10.12.4.16 - GOVERNMENT COST SAVINGS INCENTIVE AWARDS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 5 - RECRUITMENT, ASSESSMENT AND SELECTION › Section 10.12.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 31-15-2.4(B) (6) NMSA 1978; Section
				  31-15-7
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 5 - RECRUITMENT, ASSESSMENT AND SELECTION › Section 10.12.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 5 - RECRUITMENT, ASSESSMENT AND SELECTION › Section 10.12.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 5 - RECRUITMENT, ASSESSMENT AND SELECTION › Section 10.12.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Open for recruitment" means soliciting applications from the
				  general public and state employees for vacant positions and may include
				  internal recruitment only.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 5 - RECRUITMENT, ASSESSMENT AND SELECTION › Section 10.12.5.8 - VACANT POSITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 underfill may not exceed one year unless extended by the
				chief.
C. The chief may approve a
				position to be doublefilled for up to one year.
D. The department may allow part-time
				employees to share the same position.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 5 - RECRUITMENT, ASSESSMENT AND SELECTION › Section 10.12.5.9 - RECRUITMENT

Current through Register Vol. 35, No. 13, July 16, 2024
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, religion, national origin, ancestry, sex, sexual orientation,
				age, or mental or physical disability unless based on a bona fide occupational
				requirement.
C. Applications shall
				be fled in accordance with the human resource director-established recruitment
				criteria, received within the prescribed time limits and be for positions open
				for recruitment. Where applications are received within the time limits
				although not completed may be allowed to be completed with the permission of
				the chief.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 5 - RECRUITMENT, ASSESSMENT AND SELECTION › Section 10.12.5.10 - APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 other non-discriminatory purposes.
B. The human resource director may reject an
				application and not accept any application from the applicant if the applicant:
(1) has made any false statement or produced
				any false document in support of the application; or
(2) has directly or indirectly given, paid,
				offered, solicited, or accepted any money or other valuable consideration or
				secured or furnished any special or secret information for the purpose of
				affecting the rights or prospects of any person with respect to employment in
				the department.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 5 - RECRUITMENT, ASSESSMENT AND SELECTION › Section 10.12.5.11 - EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
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
				guidelines. Examinations shall measure critical or important knowledge, skills,
				and abilities necessary for successful job performance.
(3) Except as provided below no hiring
				manager shall administer any examination to an applicant or employee without
				the examination and the examination administration having been approved by the
				human resource director unless otherwise authorized by statute.
(4) A hiring manager may request a
				description or demonstration of the skill or ability needed to perform an
				essential job function in accordance with the Americans with Disabilities Act
				of 1990 ( 42 U.S.C. Section 12 - 101 Note 29C.F.R. Part
				1630.14(a)
Pre-employment inquiry
).
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 5 - RECRUITMENT, ASSESSMENT AND SELECTION › Section 10.12.5.12 - SELECTION

Current through Register Vol. 35, No. 13, July 16, 2024
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 Employment Act
,
Sections
				28-2-1 to
				28-2-6
				NMSA 1978 and may take into consideration a conviction, but the conviction will
				not operate as an automatic bar to obtaining public employment. The department
				may only take into consideration a conviction after the applicant has been
				selected as a finalist for the position.
C. The department shall develop policies
				governing their use of the employment lists.
D. Employment lists shall include names of
				ranked candidates who have made application and met the established
				requirements plus any candidates certified by the New Mexico department of
				education, division of vocational rehabilitation, the commission for the deaf
				and hard of hearing, or the commission for the blind, in accordance with the
				provisions of Section 28-10
-
12 NMSA 1978
.
(1) The human resource director shall certify
				the names of former employees who are currently receiving temporary total or
				permanent partial workers' compensation benefits, resultant from an injury
				sustained while employed in the classified service and who apply for a position
				in accordance with the provisions of 10.12.5.10 NMAC.
(2) The human resource director shall certify
				only the name(s) of former employees who are currently eligible for
				reemployment from a reduction in force per 10.12.10 NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 6 - GENERAL WORKING CONDITIONS › Section 10.12.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 6 - GENERAL WORKING CONDITIONS › Section 10.12.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 6 - GENERAL WORKING CONDITIONS › Section 10.12.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 work
				  policy.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 6 - GENERAL WORKING CONDITIONS › Section 10.12.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Nonpartisan election" is any election for public office when
				  the candidate's party affiliations are neither indicated nor
				  required.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 6 - GENERAL WORKING CONDITIONS › Section 10.12.6.8 - NEPOTISM

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 6 - GENERAL WORKING CONDITIONS › Section 10.12.6.9 - LEGAL HOLIDAYS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 6 - GENERAL WORKING CONDITIONS › Section 10.12.6.10 - PROHIBITED POLITICAL ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
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 office or for any other political
				purpose;
C.  directly or
				indirectly coercing, attempting to coerce, commanding, soliciting or advising a
				client, state or local officer or employee to pay, lend, or contribute anything
				of value to a party, committee, organization, agency, or person for a political
				purpose;
D. threatening to deny
				promotions or pay increases to any employee who does not vote for certain
				candidates, requiring employees to contribute a percentage of their pay to a
				political fund, influencing subordinate employees to buy tickets to political
				fund-raising dinners and similar events, advising employees to take part in
				political activity, and matters of a similar nature;
E.  using any state, department or client
				equipment, facilities, property or time resources for political
				purposes;
F. engaging in political
				activity while on duty; or
G. being
				an officer of a political organization.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 6 - GENERAL WORKING CONDITIONS › Section 10.12.6.11 - PUBLIC/POLITICAL OFFICE

Current through Register Vol. 35, No. 13, July 16, 2024
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 without pay, subject to approval pursuant to department policy,
				if campaigning requires that the employee be absent from assigned
				duties.
C. Employees may be
				candidates for nonpartisan political office, subject to the restriction set
				forth in 10.12.6.11 NMAC, but the employee shall use annual leave or leave
				without pay, subject to approval pursuant to department policy, if campaigning
				requires that the employee be absent from assigned duties.
D. Employees may hold only a nonpartisan
				county or municipal political office during employment in the department. If
				elected to a partisan political office, the employee shall resign from the
				department prior to taking the oath of office.
E. Being a local school board member or an elected member of any
				post-secondary educational institution shall not be construed as holding
				political office.
F. Employees
				running for or holding public office shall not use state equipment, facilities,
				property or time dedicated to employment duties to conduct campaign or public
				office related business. Violation of this Rule is punishable by disciplinary
				action pursuant to 10.12.11 NMAC and the criminal penalties set forth in
				Section 10-9-23 NMSA 1978.
G. At a
				minimum of 30 days prior to any entry as a candidate into a political contest,
				employees shall notify the department's human resource division so the
				department can monitor compliance with the Hatch Act and any other
				law.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 6 - GENERAL WORKING CONDITIONS › Section 10.12.6.12 - RESCISSION OF RESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 6 - GENERAL WORKING CONDITIONS › Section 10.12.6.13 - EMPLOYEE COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 written complaint. A complaint
				may be withdrawn at any time by the initiating party. Employees who utilize the
				formal complaint procedure or participate in the investigation of any complaint
				will not be subject to retaliation for participation. The employee fling the
				complaint is responsible for ensuring all the time limits are followed. Time
				limits may be waived by the complainant at any time.
B. Complaints pursuant to these sections must
				be submitted in writing and must include the following information:
(1) Employee name, job title, work location,
				date the complaint is fled and work phone number.
(2) A description and the date of the alleged
				incident for which the complaint is fled.
(3) The relief requested.
(4) The employee signature.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 6 - GENERAL WORKING CONDITIONS › Section 10.12.6.14 - READINESS FOR WORK

Current through Register Vol. 35, No. 13, July 16, 2024
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. Employees are expected to be properly
				attired to meet the demands of the workday. District defenders or designee may
				establish reasonable dress standards as approved by the chief public defender
				that are set forth clearly in a memorandum. An employee who arrives at work in
				inappropriate attire is not ready to work and may be sent home on annual leave
				or leave without pay to change into appropriate clothing.
C.Department employees are expected to be
				fully engaged in the performance of their duties during their working hours.
				Conducting personal business on work time should be brief, not interfere with
				the duties to be performed and not disruptive to co-workers or clients.
				Personal business may include but is not limited to phone calls, text
				messaging, personal emails, reading magazines or newspapers, browsing the
				internet, visiting with co-workers or any other personal business not related
				to job duties.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 6 - GENERAL WORKING CONDITIONS › Section 10.12.6.15 - DUTY TO COOPERATE WITH INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 required to do so in good
				faith.
B. During the investigative
				process, witnesses or potential witnesses who are interviewed are responsible
				to maintain confidentiality about the content of their interviews.
C. Employees cannot be subjected to
				retaliation for cooperating with the department in investigations. Any employee
				who feels subjected to retaliation because of cooperating in an investigation
				should contact the human resource director immediately.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 7 of Chapter 12: is to provide for the
				  accrual and administration of leave available to employees.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.8 - ANNUAL LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees,
				except those on full-time educational leave with pay, absence without leave,
				leave without pay, unpaid Family and Medical Leave Act (FMLA) leave, or
				suspension without pay shall accrue annual leave at the rate of:
(1) 3.08 hours per pay period if less than
				three years of cumulative employment,
(2) 3.69 hours per pay period if three years
				or more but less than seven years of cumulative employment,
(3) 4.61 hours per pay period if seven years
				or more but less than 11 years of cumulative employment,
(4) 5.54 hours per pay period if eleven years
				or more but less than 15 years of cumulative employment; or
(5) 6.15 hours per pay period if 15 years or
				more of cumulative employment.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.9 - DONATION OF ANNUAL OR SICK LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees may donate leave to another
				employee in the department for a medical emergency with approval of the
				office.
B. Employees may donate
				annual leave to the full amount of their accumulated hours.
C. In accordance with the provisions of
				Section
				10-7-10
				NMSA 1978
,
the donation of sick leave is governed by the
				following restrictions:
(1) employees who
				have accumulated more than 600 hours of sick leave can transfer the additional
				amounts over 600 hours to another employee;
(2) the dollar value of the transferred leave
				shall equal 50% of the monetary value of the total hours transferred by the
				donor employee;
(3) no more than
				120 hours of sick leave may be transferred by the donor in any one fiscal year,
				with the exception of the year in which an employee retires, when an employee
				may transfer up to 400 hours of sick leave;
(4)donations of sick leave may be made only
				once per fiscal year on either the pay date immediately following the first
				full pay period in January or the first full pay period in July, unless the
				employee is retiring.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.10 - SICK LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 on furlough who work at least eight hours in a pay period shall
				accrue sick leave on a prorated basis.
C. Sick leave may not be used before it is
				accrued and must be authorized or denied according to department
				policy.
D. An employee may use sick
				leave for personal medical treatment or illness or for medical treatment or
				illness of a relation by blood or marriage within the third degree, or of a
				person residing in the employee's household. Employees affected by pregnancy,
				childbirth, and related medical conditions must be treated the same as persons
				affected by other medical conditions.
E. There is no limit to the amount of sick
				leave that may be accrued.
F. No
				payment shall be made for accrued sick leave at the time of separation from the
				department except as provided by law.
G. Former employees who were laid off and are
				returned to work in accordance with the provisions of 10.12.10 NMAC shall have
				restored the sick leave they had accrued as of the date of layoff.
H.The department may authorize an employee to
				use accrued sick leave to attend the funeral of a relation by blood or marriage
				within the third degree, or of a person residing in the employee's
				household.
I.Payment for
				accumulated sick leave:
(1) In accordance with
				the provisions of Section
				10-7-10
				NMSA 1978, employees who have accumulated 600 hours of unused sick leave are
				entitled to be paid for unused sick leave in excess of 600 hours at a rate
				equal to 50% of their hourly rate of pay for up to 120 hours of sick leave.
				Payment for unused sick leave may be made only once per fiscal year on either
				the payday immediately following the first full pay period in January or the
				first full pay period in July.
(2)
				Immediately prior to retirement from the department, employees who have
				accumulated 600 hours of unused sick leave are entitled to be paid for unused
				sick leave in excess of 600 hours at a rate equal to 50% of their hourly rate
				for up to 400 hours of sick leave.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.11 - LEAVE WITH OUTPAY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.13 - ABSENCE WITHOUT LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 for any periods of absence without leave and shall not accrue
				annual or sick leave.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.14 - ADMINISTRATIVE LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 administrative leave granted in
				accordance with the provisions of 10.12.11 NMAC.
B. Employees who are members of a state board
				or commission may be entitled to leave with pay to attend meetings or transact
				business of the board or commission with the approval of the chief.
C. Employees who are registered voters with
				the permission of their supervisors may absent themselves from work for two
				hours for the purpose of voting between the time of the opening and the time of
				the closing of the polls. The supervisor may specify the hours during the
				period in which the voter may be absent. This leave is not available to
				employees whose work day begins more than two hours subsequent to the time of
				opening the polls or ends more than three hours prior to the time of closing
				the polls. Employees who chose to vote pursuant to this provision on the day of
				elections, may be required subject to confirmation that they voted. Employees
				are encouraged to use early voting and absentee voting provisions to exercise
				the right to vote however, voting leave shall not be used for early voting or
				absentee voting.
D. Employees shall
				be entitled to administrative leave when appearing during regularly scheduled
				work hours in obedience to a subpoena as a witness before a grand jury or court
				or before a federal or state agency. Fees received as a witness, excluding
				reimbursement for travel, shall be remitted to the department.
E. Employees shall be entitled to leave with
				pay for serving on a grand or petit jury during regularly scheduled work hours.
				Fees received as a juror, excluding reimbursement for travel, shall be remitted
				to the department.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.15 - EDUCATIONAL LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 educational leave shall accrue annual and sick leave in accordance with the
				provisions of Subsection D of 10.12.7.8 NMAC and Subsection B of 1.12.7.10
				NMAC.
D.Employees who are granted
				paid educational leave for training in excess of 100 work hours in a calendar
				year shall agree in writing to continue with the department for a period of
				time equal to three times the period of the training.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.16 - MILITARY LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 guard paid military leave for active duty training, in
				addition to that already given by law. Such additional leave must not exceed 15
				workdays per federal fiscal year.
C. Members of the state defense force shall
				be granted paid military leave to attend officially authorized training or
				instruction courses. Such leave applies only to full-time employees and must
				not exceed 15 workdays per federal fiscal year.
D. Members of the civil air patrol shall be
				granted military leave not to exceed 15 workdays per calendar year for search
				and rescue missions.
E. Employees
				on military leave with pay shall accrue annual and sick leave.
F. Employees who are members of a reserve
				component of the United States armed forces shall, upon request, be granted
				unpaid leave for the period required to perform active duty for training or
				inactive duty training in the United States armed forces.
G. This rule does not apply to employees in
				temporary or emergency status.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.17 - PERSONAL LEAVE DAY

Current through Register Vol. 35, No. 13, July 16, 2024
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 hours.
C. The
				personal leave day must be taken by December 31 or it will be lost.
D. Employees who do not take the personal
				leave day shall not be paid for it upon separation from the
				department.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.18 - TRANSFER OF LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 persons who separate from the executive,
				judicial or legislative branches of state government and are employed in the
				department without a break in employment.
C. The department may accept accrued annual
				leave from persons who separate from the executive, judicial or legislation
				branches of state government and are employed in the department without a break
				in employment as determined by the chief.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 7 - ATTENDANCE AND LEAVE › Section 10.12.7.19 - DONATING AN ORGAN OR BONE MARROW

Current through Register Vol. 35, No. 13, July 16, 2024
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 purpose of donating an organ or bone
				marrow.
C. If an employee requests
				donations of annual leave or sick leave but does not receive the full amount of
				leave needed for the donation of an organ or bone marrow, the chief may grant
				paid administrative leave for the remainder of the needed leave up to the
				maximum total of twenty workdays.
D. The chief may require verification by a
				physician regarding the purpose of the leave requested and information from the
				physician regarding the length of the leave requested.
E. Any paid leave of absence granted pursuant
				to this provision shall not result in a loss of compensation, seniority, annual
				leave, sick leave or accrued overtime for which the employee is otherwise
				eligible.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 31-15-2.4(B)(6) NMSA 1978 and Section
				  31-15-7
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 8 of Chapter 12 is: to provide
				  employees with information on the effects of drug and alcohol abuse; to require
				  drug, alcohol testing or both; and to establish required collection, screening,
				  rehabilitative and sanction parameters.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Alcohol" means
				all consumable non-prescription substances which contain alcohol, specifically
				including, without limitation, spirits, wine, malt beverages, and intoxicating
				liquors.
B. "Aliquot" means a
				portion of a urine specimen used for testing.
C. "Chain of custody" refers to procedures to
				account for the integrity of each specimen by tracking its handling and storage
				from point of specimen collection to final disposition of the specimen. In any
				dispute regarding chain of custody, the identity and integrity of the sample at
				issue may be established by a preponderance of the evidence.
D. "Confirmatory test" means a second
				analytical procedure to identify the presence of a specific drug or metabolite
				in a urine specimen by gas chromatography/mass spectrometry (GC/ MS).
E. "Drug" means marijuana, cocaine, opiates,
				phencyclidine (PCP), and amphetamines; a metabolite of those drugs; or any
				non-prescription substance containing those drugs.
F. "Initial test" means an immunoassay screen
				which meets the requirements of the food and drug administration to eliminate
				negative specimens from further consideration.
G. "Medical review officer" means a New
				Mexico based and licensed physician knowledgeable in the medical use of
				prescription drugs and alcohol and the pharmacology and toxicology of illicit
				drugs and alcohol.
H."Non-prescription" refers to all substances
				other than a substance prescribed by a doctor or licensed health professional
				to the employee.
I."On duty" means
				any time during an employee's regular workday or other period during which the
				employee is required or permitted to work by the employer, including overtime,
				lunch and other breaks, and anytime while operating or riding in a state
				vehicle.
J."Possession" means to
				knowingly have, own, or have on oneself the drug, the alcohol or
				both.
K."Reasonable suspicion"
				means a belief drawn from specific objective and articulable facts and the
				reasonable inferences drawn from those facts.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.8 - SUBSTANCE ABUSE COORDINATOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				human resource director or designee shall serve as the substance abuse
				coordinator who shall be responsible for the department's drug and alcohol
				abuse program.
B. The substance
				abuse coordinator shall provide drug and alcohol abuse awareness information to
				employees including but not limited to the:
(1) dangers of drug and alcohol
				abuse;
(2) availability of
				counseling, rehabilitation, and employee assistance programs; and
(3) sanctions that may be imposed upon
				employees.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.9 - AUTHORIZED DRUG AND ALCOHOL TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department shall require employees to
				undergo drug, alcohol testing or both if the department has a reasonable
				suspicion that the employee has committed drug or alcohol abuse based on, but
				not limited to:
(1) direct observation of the
				physical symptoms or manifestations of being under the influence of a drug or
				alcohol while on duty; such symptoms may include, but are not limited to liquor
				on breath, slurred speech, unsteady walk, or impaired coordination;
				or
(2) direct observation of the
				use or possession of drugs or drug paraphernalia, or the use of alcohol while
				on duty.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.10 - COLLECTION OF SPECIMENS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unless otherwise specified in these rules, urine specimens for drug testing
				shall be collected by a laboratory meeting state licensure requirements and
				certified by the substance abuse and mental health services administration or
				the college of American pathologists in forensic urine drug testing.
B. Breath specimens may be collected by a
				certified person, a medical or a laboratory facility. Should the medical or
				laboratory facility not be available or should the equipment fail, the
				substance abuse coordinator or designee shall designate another testing
				facility and report this referral to the human resource director within ten
				working days of taking the breath specimen.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.11 - DRUG TESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The initial
				and confirmatory drug tests shall be performed by a state licensed laboratory
				in accordance with the substance abuse and mental health services
				administration or the college of American pathologists in forensic urine drug
				testing. The laboratory shall have the capability of performing initial and
				confirmatory tests for each drug or metabolite for which service is
				offered.
B. The following initial
				cutoff concentrations shall be used when screening specimens on the initial
				drug tests to determine whether they are negative for these seven drugs or
				classes of drugs.
(1) Marijuana metabolites 75
				(ng/ml)
(2) Cocaine metabolites 150
				(ng/ml)
(3) Opiate metabolites
				2,000 (ng/ml)
(4) 6-Acetylmorphine
				10 (ng/ml)
(5) Phencyclidine (PCP)
				25 (ng/ml)
(6) Amphetamines 500
				(ng/ml)
(7)MDMA 500 (ng/ml)
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.12 - ALCOHOL TESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				test for alcohol shall be administered by a legally recognized and approved
				method.
B. A test by a legally
				recognized or approved method with results of blood alcohol content (BAC) level
				of .04 or more shall be deemed positive for alcohol.
C. The chief may approve a lower test result
				below 0.08% for blood alcohol content (BAC).
D. For employees who have undergone alcohol
				rehabilitation, pursuant to 10.12.8.17 NMAC, a positive test result during the
				30 to 180 calendar days following the first positive test shall subject an
				employee to disciplinary action. Such a test may be performed by
				urinalysis.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.13 - REPORTING OF TEST RESULTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Drug
				and alcohol test results shall be reported only to the substance abuse
				coordinator or designee.
B. The
				test report shall contain the specimen number assigned by the agency, the
				laboratory accession number and results of the tests. All specimens negative on
				the initial test or negative on the confirmatory test shall be reported as
				negative. Only specimens confirmed positive shall be reported positive. Results
				may be transmitted to the substance abuse coordinator by various means
				including certified mail with return receipt requested, courier service, or
				electronic mail in a secure area (e.g., facsimile or computer). Certified
				copies of all analytical results and chain-of-custody forms shall be available
				from the laboratory when requested by the chief, or substance abuse coordinator
				or designee.
C. The substance abuse
				coordinator or designee shall advise employees in writing of positive test
				results.
D. All records pertaining
				to a given urine specimen shall be retained by the laboratory for a minimum of
				two years.
E. Only those members of
				management who need to know shall be made aware of the test results. Breach of
				confidentiality may be grounds for disciplinary action.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.15 - RETESTING

Current through Register Vol. 35, No. 13, July 16, 2024
Employees who tested positive for drugs or alcohol urine
				  tests may elect to have, at their expense, an aliquot, if any exists, of the
				  original urine specimen retested by another laboratory that meets applicable
				  provisions of any state licensure requirements and is certified in forensic
				  urine drug testing by either the substance abuse and mental health services
				  administration or the college of American pathologists. The drug testing
				  laboratory shall arrange for the shipment of the aliquot to the laboratory of
				  the employees' choosing. The department shall pay for the retest if the retest
				  is negative. Any remaining samples after the appropriate times listed here may
				  be destroyed and the final results received will remain as the final record
				  without further right to appeal or challenge the results.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.16 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
No laboratory reports or test results shall appear in the
				  employee's personnel file unless he or she is subject of a disciplinary action.
				  Laboratory reports or test results shall be placed in a special locked file
				  maintained by the substance abuse coordinator or designee. Files relating to
				  laboratory reports or test results maintained by the substance abuse
				  coordinator are confidential within the meaning of
				  10.12.1.12
				  NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.17 - REHABILITATION AND SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Voluntary self-identifcation by employees:
(1) Any employee who requests referral to an
				employee assistance program (EAP), counseling or a drug or alcohol
				rehabilitation program, prior to directed to drug and alcohol testing due to
				reasonable suspicion shall be referred by the substance abuse counselor. Any
				costs for counseling or rehabilitation shall be borne by the
				employee.
(2) The chief may grant
				administrative leave to an employee to participate in an employee assistance
				program, counseling, or a drug or alcohol rehabilitation program for up to 240
				hours for the initial voluntary self-identifcation only.
(3) Employees are subject to drug, alcohol
				testing or both at the discretion of the substance abuse coordinator at any
				time between 30 and 180 calendar days of requesting referral. Employees who
				test positive during this time period or fail to successfully complete such
				program may be subject to disciplinary action including dismissal. The chief
				may allow the employee to use annual leave, sick leave, or leave without pay
				for additional counseling or rehabilitation after considering all factors
				relevant to the employee's condition and job performance history.
(4)For employees who have been required to
				undergo an alcohol rehabilitation program, any indication of alcohol at any
				level during the 30 to 180 calendar day period following the referral shall be
				considered a positive test result.