New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 3 - COMPENSATION PLAN › Section 10.4.3.11 - SALARY ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Promotion/reclassification. A promotion is a reassignment of an employee to a
				position with a higher salary range. Upon promotion, an employee's salary may
				be increased up to the mid-point of the new job class. Any increases beyond
				mid-point of the new job class must be justified in writing based on
				qualifications, years of experience, expertise, etc. with prior approval of the
				board. No salary upon promotion may exceed the maximum rate of the new
				range.
B. Reduction in class. An
				employee may elect to or be placed in a job at a lower salary due to pending
				layoff or reduction-in-force or other reasons, if such position exists, with
				the approval of the district attorney. When a reduction in class occurs, the
				employee's salary shall in no event be increased and shall be no greater than
				the maximum salary of that class.
C. Demotion. At the discretion of the
				district attorney, an employee may be demoted to a position at a lower salary
				range, due to unsatisfactory job performance, misconduct or other disciplinary
				considerations. When an employee is demoted, his/her present salary must be
				reduced by at least 5%, to a rate within the salary range of the class to which
				demoted and shall not exceed the maximum of the new salary range.
D. Range changes. Subject to legislative
				approval, the salaries of all employees affected by range changes due to market
				pricing reviews, job measurement studies, and classification studies shall be
				adjusted to at least the minimum rate of the new salary range.
E. Merit based salary increases. Subject to
				legislative appropriations, employee performance appraisals may be the basis
				for merit-based salary increases. A merit-based salary increase, however, may
				not exceed the maximum salary level for an employee's job class according to
				the approved salary schedule.
F.
				Temporary salary adjustment. A district attorney may grant a temporary salary
				adjustment, for up to six (6) months, to an employee who temporarily accepts
				the duties of a higher classification. The temporary salary adjustment shall
				not exceed ten percent (10%) of the employee's current salary. The district
				attorney shall, at the end of the temporary job assignment, revert the employee
				to his/her previous salary, plus any pay increases for which the employee may
				have been eligible.
G. Budgetary
				limitations. All provisions of this part relating to payment of salaries are
				contingent upon funds being available.
H. Effective date of salary changes. The
				effective date of all salary changes provided for in this part shall be the
				first day of a pay period following approval by the district
				attorney.
I. Out-of-cycle salary
				increase:
(1) An employee may be awarded an
				out-of-cycle salary increase. Documentation must exist that justifies the
				increase. Employees will be limited to one (1) out-of-cycle salary increase per
				fiscal year, not including adjustments or other increases as approved and
				appropriated by the legislature. The increase shall not exceed fifteen percent
				(15%) of an incumbent's current hourly rate.
(2) The following requirements must be met
				when requesting out-of-cycle salary increases.
(a) An out-of-cycle salary increase shall not
				be granted to a new employee unless the employee has completed a period of at
				least six (6) months in the same position.
(b) An out-of-cycle salary increase shall not
				affect the date on which an employee is eligible for any other increase in
				salary.
(c) An out-of-cycle salary
				increase shall not be requested unless adequate funds exist in the current
				budget. It may only be funded through vacancy savings or other approved
				revenues as long as the increase does not result in a request for a deficiency
				or supplemental appropriation from the legislature nor for emergency funding
				from the state board of finance.
(d) An out-of-cycle salary increase may be in
				the form of either a lump sum payment or an increase to an employee's base
				hourly rate.
(e) An out-of-cycle
				salary increase shall not be requested if an employee's last performance
				appraisal did not reflect a rating of "meets expectations" or higher.
(f) All out-of-cycle salary increases shall
				be justified in writing to the personnel review board utilizing the request for
				out-of-cycle salary increase form and based on at least one of the following
				criteria:
(i) An employee's assigned duties
				have significantly exceeded the expected and established job requirements of
				the employee's job class, and their performance remains at a fully effective
				level or higher.
(ii) An employee's
				performance of duties has involved overcoming unusual prolonged
				difficulties.
(iii) An employee's
				performance has involved special effort or special innovations resulting in
				significant economic savings or improvements.
(iv) An employee's salary is not comparable
				to their level of performance or job responsibility when compared with
				employees in similar positions with similar work experience.
(v) An employee has been offered a job, in
				writing, by an employer outside of this personnel compensation plan and an
				incentive for emergency retention purposes is warranted.
(g) The administrative office of the district
				attorneys must submit an approved request form (request for out-of-cycle salary
				increase) which shall be sent to both the department of finance and
				administration and the legislative finance committee analysts assigned to the
				district attorneys.
(h) All
				out-of-cycle salary increases shall be approved by the district attorney
				personnel review board.
(i) The
				total number of out-of-cycle salary increases shall not exceed 20% of all
				eligible employees per office during the fiscal year.