reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 3 - PROCEDURE TO CONTEST SORNA EQUIVALENCY DETERMINATION › Section 10.2.3.8 - NOTIFICATION TO COUNTY SHERIFF OF OUT-OF-STATE REGISTRANT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 10 business days of receipt by the
				department of a letter or other notification from an out-of-state law
				enforcement or other agency that an individual required by that state to
				register as a sex offender intends to relocate to New Mexico, the department
				shall notify the county sheriff in the county in which the out-of-state
				registrant intends to reside and shall provide to the county sheriff copies of
				any and all documents that may accompany that notification. The initial
				notification by the department to the county sheriff will remind the county
				sheriff not to place the out-of-state registrant on any public facing local
				registry until notified by the department that it may do so.
B. When an out-of-state registrant presents
				himself or herself to the sheriff and prior to the translation, the sheriff
				shall make an entry into the investigative notes section of Offender Watch,
				noting that the out-of-state registrant presented himself or herself for
				registration and that the translation by the department is pending. The sheriff
				shall also notify the department of the need for the department to enter the
				same information into the miscellaneous notes in the National Crime Information
				Center .
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 3 - PROCEDURE TO CONTEST SORNA EQUIVALENCY DETERMINATION › Section 10.2.3.9 - DOCUMENTS PROVIDED BY OUT-OF-STATE REGISTRANT TO COUNTY SHERIFF

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the information set forth in Subsection B of
				  Section
				  29-11A-4
				  NMSA 1978, an out-of-state registrant shall, at the time of the registrant's
				  initial registration with the county sheriff in the county in which the
				  registrant resides, provide copies of the following documents to the
				  sheriff:
A. the judgment and sentence
				entered by the court in the jurisdiction in which the out-of-state registrant
				is required to register as a sex offender; and
B. the plea and disposition agreement entered
				by the court in the jurisdiction in which the out-of-state registrant is
				required to register as a sex offender.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 4 - LAW ENFORCEMENT RETENTION FUND REPORTING, MONITORING AND ADMINISTRATION › Section 10.2.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All law enforcement agencies eligible to receive funding from
				  the law enforcement retention fund for the purpose of providing a retention
				  differential disbursement to full-time certified law enforcement officers
				  employed by that law enforcement agency.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 4 - LAW ENFORCEMENT RETENTION FUND REPORTING, MONITORING AND ADMINISTRATION › Section 10.2.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to Sections 9-19-6 E. and
				  9-19-14 NMSA 1978 of the Department of Public Safety Act, as amended by 2024 HB
				  193. Section 9-19-14, as amended creates a law enforcement retention fund in
				  the state treasury and requires the Department to develop rules, forms,
				  standards, procedures and related training for law enforcement agencies to
				  report retention information when seeking monies to provide retention
				  differential disbursements to eligible full-time certified law enforcement
				  officers within the law enforcement agency's employ.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 4 - LAW ENFORCEMENT RETENTION FUND REPORTING, MONITORING AND ADMINISTRATION › Section 10.2.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
4/25/2023, unless a later date is specified at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 4 - LAW ENFORCEMENT RETENTION FUND REPORTING, MONITORING AND ADMINISTRATION › Section 10.2.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide forms, standards and
				  procedures for law enforcement agencies to report retention information when
				  seeking monies from the law enforcement retention fund, for the purpose of
				  providing retention differential disbursements to eligible law enforcement
				  officers within the law enforcement agency's employ
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 4 - LAW ENFORCEMENT RETENTION FUND REPORTING, MONITORING AND ADMINISTRATION › Section 10.2.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This rule adopts the definitions found in Section 9-19-2
				  NMSA 1978
,
Subsection M of Section 9-19-14 NMSA 1978 and 2024
				  HB 193, as if fully set forth herein. In addition to the definitions adopted,
				  the following terms have the following meaning:
A. "
Certified
" means an
				individual certified as a peace officer pursuant to the Law Enforcement
				Training Act, Section 29-7-1 to 29-7-16 NMSA 1978.
B. "
Date of hire
" means the
				month, date and year the individual was hired by a law enforcement agency for
				the purpose of serving as a full-time certified law enforcement officer with
				that agency.
C. "
DPS
"
				means the department of public safety.
D. "Eligible law enforcement agency" means an
				agency eligible to receive monies from the LERF because the agency:
(1) has, prior to June 1 of the reporting
				fiscal year, made a request for monies from the DPS and included in that
				request the information on which the agency is required to report under Section
				9-19-14 H NMSA 1978 and this rule;
(2) is, at the time of submitting the request
				for monies to DPS in compliance with that portion of the Law Enforcement
				Training Act that requires every law enforcement agency to submit a quarterly
				report to the director of the law enforcement academy and the New Mexico law
				enforcement standards and training council; and
(3) has, at the time of submitting the
				request for monies to DPS, submitted the agency's most current roster of
				full-time certified law enforcement officers, including commission dates, to
				the New Mexico law enforcement academy.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 4 - LAW ENFORCEMENT RETENTION FUND REPORTING, MONITORING AND ADMINISTRATION › Section 10.2.4.8 - CALCULATION OF THE PROJECTED FIVE PERCENT RETENTION DIFFERENTIAL DISBURSEMENT BY THE REPORTING LAW ENFORCEMENT AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The salary used by the law enforcement agency to calculate
				  the five percent retention differential disbursement for those officers
				  projected to be eligible officers in the upcoming fiscal year, shall be the
				  salary of the officer on the date the officer reached four, nine, 14 or 19 or
				  20 or more years of service with the law enforcement agency requesting the
				  retention differential disbursement.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 4 - LAW ENFORCEMENT RETENTION FUND REPORTING, MONITORING AND ADMINISTRATION › Section 10.2.4.11 - WAIVER OF REPORTING REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any agency requesting a waiver of all or a
				portion of the information that the law enforcement agency is required to
				report under Subsection A of
				10.2.4.9 NMAC, shall file a
				written request for waiver no later than May 31 of the fiscal year the report
				is due. The request for waiver shall specify the section or sections of the
				rule for which waiver is sought and the reason therefor.
B. DPS will respond in writing to a request
				for waiver of the required reporting information within 30 days of its receipt
				of the request.
C. The agency's
				decision on a request for waiver is final.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 4 - LAW ENFORCEMENT RETENTION FUND REPORTING, MONITORING AND ADMINISTRATION › Section 10.2.4.12 - APPEAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. There
				is no statutory right of appeal from DPS's decision on a Notice of Intent to
				Disburse letter or its denial of a request to waive the required reporting
				information.
B. A law enforcement
				agency aggrieved by a DPS decision may proceed by requesting an applicable writ
				as provided by law.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth general provisions for implementation of
				  the District Attorney Personnel and Compensation Act and rules as they apply to
				  all employees in the offices of the district attorneys and the administrative
				  office of the district attorneys, except where noted.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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
				district attorneys;
B. Section
				36-1-26 NMSA
				1978 which, among other things, requires the director of the administrative
				office of the district attorneys to develop uniform systems for use by district
				attorney offices with respect to personnel matters;
C. Section
				36-1A-2
				NMSA 1978 of the District Attorney Personnel and Compensation Act, sections
				36-1A-1
				through
				36-1A-15
				NMSA 1978, which, among other things, created the District Attorney Personnel
				and Compensation Act to establish for all district attorneys a uniform,
				equitable and binding system of personnel administration; and
D. Section
				36-1A-8
				NMSA 1978 which, among other things, requires the district attorneys to
				promulgate personnel rules, with the assistance of the director of the
				administrative office of the district attorneys as authorized by Subsection I
				of Section
				36-1-26 NMSA
				1978, which among other things requires the director of the administrative
				office of the district attorneys to perform such other duties in furtherance of
				the administration of the business of the district attorneys as directed by the
				elected or appointed district attorneys.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.8 - COVERAGE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Covered employees.
(1) Employees holding
				covered positions affected by the District Attorney Personnel and Compensation
				Act shall be recognized as covered employees if they have successfully
				completed the probationary period.
(2) Once an employee in a covered position
				attains covered status, they shall retain that status as long as they remain
				in, transfer to, or are promoted into a covered position without a break in
				employment. Nothing in the District Attorney Personnel and Compensation Act
				shall preclude the reclassification or reallocation of any position held by an
				employee.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.9 - ADMINISTRATION OF THE PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
The responsibility for administration of the classification
				  plan rests with the district attorneys and with the district attorney personnel
				  review board.
A. District attorney
				personnel review board.
(1) The district
				attorney personnel review board ("board") shall consist of five (5) district
				attorneys including the president, vice-president and secretary-treasurer of
				the New Mexico district attorney's association and two (2) additional voting
				members, all elected annually by the district attorneys.
(2) Each board member shall be reimbursed as
				provided in the Per Diem and Mileage Act when traveling on board business
				directly related to the District Attorney Personnel and Compensation
				Act.
(3) As found in Section 7 of
				the District Attorney Personnel and Compensation Act (36-1A-7 et seq.
				NMSA 1978), the board's responsibilities for the administration of the
				classification plan are as follows:
(a) The
				board shall recommend to the district attorneys, as a group, regulations
				necessary or appropriate to implement and administer the District Attorney
				Personnel and Compensation Act.
(b)
				The board shall determine the qualifications for each class specification or
				classification series; including required levels of education, experience,
				special skills and legal knowledge.
(c) The board shall recommend salary grades
				and pay ranges to which class specifications and job classifications are
				assigned, subject to legislative appropriations.
(d) The board shall hear appeals solely
				involving suspension, demotion or termination of a covered employee and render
				its final decision, unless the covered employee elects, under Section 10 of the
				District Attorney Personnel and Compensation Act, to have the appeal heard by
				the state personnel office-designated hearing officer.
(e) The board shall make periodic reviews of
				the personnel regulations, classification plan and compensation ranges that
				govern employees to ensure that all federal action, legislative mandates and
				other substantive changes are incorporated into the regulations in a timely
				fashion and make recommendations thereon to the district attorneys.
(f) The board shall consider other personnel
				matters as designated by the district attorneys and they shall have the
				authority to override all actions based on a justification provided on a case
				by case basis. A quorum of the board shall consist of at least three (3)
				members.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.10 - PERSONAL CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Employees of the district attorneys' offices and the administrative office of
				the district attorneys shall conduct themselves in a manner which reflects the
				highest professional ethics. Employees shall be loyal and devote their full
				working days to their duties and the business of the district attorneys. Under
				no circumstances shall employees give rise to a conflict of interest or the
				appearance of a conflict of interest or act in such a way as to adversely
				affect any district attorneys' office or adversely affect the employee's
				ability to perform his/her duties.
B. Consumption of alcoholic beverages on the
				premises of any office is expressly prohibited. The use or possession of
				illegal drugs or other illegal substances at any time or place is expressly
				prohibited. This policy will be strictly enforced and employees found in
				violation will be subject to disciplinary action.
C. Any personal conduct which violates the
				civil or criminal law which adversely affects the interests of any district
				attorney's office or the person's ability to perform their duties is
				prohibited.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.11 - BUSINESS CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Employees will respect and protect the civil and legal rights of all persons.
				Employees having contact with victims or witnesses will serve each case with
				appropriate concern for the individual's welfare and with no goal of personal
				gain. Relationships with the public and colleagues will be of a professional
				nature and promote improvement of the respective office's quality of service.
				Statements critical of others or their agencies will be made only if these are
				verifiable and constructive in purpose, and made in a personal capacity.
				Employees will respect the importance of all elements of the criminal justice
				system and cultivate professional cooperation with each segment of that system.
				In any public statement, employees will clearly distinguish between those
				statements which are personal views and those which are authorized statements
				and positions taken on behalf of each respective office.
B. Employees will not discriminate against
				any prospective employee or other persons having business with the district
				attorneys on the basis of race, age, religion, color, national origin,
				ancestry, sex, physical or mental handicap, serious medical condition, spousal
				affiliation, sexual orientation, or gender identity, national origin, religion,
				age or disability.
C. Undue
				familiarity or any sort of financial or business transactions with victims,
				witnesses, etc., or their immediate families, agents or close friends is
				strictly forbidden. Employees will conduct themselves in compliance with all
				laws and regulations so as to not subject their profession, colleagues or
				office to criticism. No employees shall give or accept any gifts or gratuities
				or engage in any personal business with victims, witnesses, etc. or their
				immediate families, agents or close friends.
D. The actions of employees are to be in
				accordance with prescribed rules and regulations. Employees are expected to
				perform their assignments in a manner that reflects professional judgment,
				prudence and sincere interest in the business of the office. Employees shall
				maintain an attitude of courtesy and service to the public and
				colleagues.
E. Employees shall
				protect and conserve government property, including equipment, supplies and
				other property entrusted or issued to them. They shall not willfully damage or
				otherwise misuse government property, including vehicles, equipment, tools and
				instruments.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.12 - PERSONNEL INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicants may be subject to a background investigation prior to being hired by
				any district attorney's office or the administrative office of the district
				attorneys. Employees may be subject to an investigation or may be required to
				provide a statement or submit to a polygraph examination in any investigation
				concerning the provisions of this code or any other suspected misconduct. If an
				employee refuses to comply, they shall be subject to disciplinary action up to
				and including dismissal from employment or termination of their
				contract.
B. Employees may be
				required to submit to a drug or alcohol test. If the employee refuses to comply
				with the test requirements or examiner, or requirements necessary to conduct
				the test, they shall be subject to disciplinary action up to and including
				dismissal from employment.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.13 - OUTSIDE EMPLOYMENT - CONFLICT OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every employee who has a financial
				interest which they know, or have reason to know, may be affected by actions of
				their respective office shall disclose the precise nature and value of such
				interest. The disclosures shall be made in writing to the district attorney
				before entering employment and during the month of January every year
				thereafter.
B. Under no
				circumstances shall employees have a conflict of interest or the appearance of
				a conflict of interest. Such conflicts of interest include, but are not limited
				to, the following.
(1) No employee shall
				directly or indirectly acquire a financial interest in a business which may be
				directly affected by any official act of the employee.
(2) An employee shall not engage directly or
				indirectly in a financial transaction as a result of, or primarily relying on
				information obtained through, their employment with a district attorney's
				office.
(3) No employee may
				directly or indirectly accept or give any compensation, gift, ban,
				entertainment, favor or service which would tend to give an appearance of
				impropriety or which might interfere in the discharge of official
				duties.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.14 - DISCLOSURE OR MISUSE OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees shall not directly or indirectly
				use official information which is not available to the general public or
				contract with the state for the purpose of furthering a private interest or
				allow such use of official information obtained through or in connection with
				his or her employment.
B. Except as
				specifically authorized, employees shall not disclose official information
				which represents a matter of confidence or trust or any other official
				information of such character that its disclosure or use would be contrary to
				the best interest of the office. Information concerning another person's
				personal life, social history and private affairs is confidential information
				and shall not be the subject of casual conversation or gossip.
C. Official records of every district
				attorney's office are the property of that office and will be filed according
				to the existing rules. Employees shall not remove records or copies thereof
				from any district attorney's office without lawful authority.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.15 - GRATUITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees shall
				not give or accept any favor or gratuity to or from any person, firm,
				corporation or other entity which would affect or appear to affect the person's
				judgment in the performance of their duties in an impartial manner, except in
				the case of an occasional non-pecuniary gift that is insignificant in value, a
				public award or a loan made in the ordinary course of business.
B. Supervisors shall not place themselves in
				positions of potential indebtedness to their subordinates. Supervisors will not
				permit persons subordinate to them to provide them with representation in
				grievance matters or lawsuits.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.16 - POLITICAL ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Employees may engage in the following activities as long as it is while they
				are on approved leave or not on duty:
(1)
				serve as convention delegates;
(2)
				attend political rallies;
(3) sign
				nominating petitions and make voluntary contributions to political
				organizations; and
(4) serve as
				election officials or officers in political organizations.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.17 - PUBLIC OFFICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Employees shall not hold any other public office during the employee's duty
				hours in the service. An employee may accept appointment to a state or local
				board or commission provided such participation does not create a conflict of
				interest, is consistent with existing statutes and court rules and does not
				interfere with an employee's assigned duties.
B. An employee may seek a full-time public
				office if the employee's absence does not interfere with the function of the
				office and the district attorney authorizes such absence. Otherwise, the
				employee shall resign to seek such public office.
C. The act of filing nomination papers or,
				where appropriate, the payment of a filing fee or the accepting of the
				nomination shall constitute the seeking of public office.
D. Being a local school board member or an
				elected or appointed member of any post-secondary educational institution shall
				not be construed to be holding political office.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.18 - SEXUAL HARASSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Employees shall refrain from sexual harassment of any other
				  employee or any other person having business with the office. Examples of
				  sexual harassment include, but are not limited to:
A. sexual innuendo or sexually oriented
				verbal abuse;
B. sexual jokes,
				sexist jokes, vulgar jokes or abusive sexual "teasing";
C. unwanted physical contact such as hugging,
				patting, stroking or grabbing body parts;
D. statements or acts of a sexual nature
				about a person's physical attributes or sexual activity;
E. displaying sexually suggestive pictures,
				objects or materials;
F. using
				disparaging, demeaning or sexist terms to refer to any person;
G. making obscene gestures or
				suggestive/insulting sounds;
H.
				indecent exposure; and
I.
				suggesting or demanding sexual favors or activity in relation to any condition
				of employment.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 1 - GENERAL PROVISIONS › Section 10.4.1.19 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
All employees of a district attorneys' office and of the
				  administrative office of the district attorneys will familiarize themselves, as
				  a part of their orientation training, with rules contained in Title 10, Chapter
				  4 of the New Mexico administrative code pertaining to district attorneys and
				  with the specific internal policies and procedures set forth by each district
				  attorney's office.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 2 - CLASSIFICATION PLAN › Section 10.4.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth the rules for the establishment,
				  maintenance and administration of the uniform classification plan applicable to
				  all positions in the offices of the district attorneys.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 2 - CLASSIFICATION PLAN › Section 10.4.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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
				district attorneys;
B. Section
				36-1-26 NMSA
				1978 which, among other things, requires the director of the administrative
				office of the district attorneys to develop uniform systems for use by district
				attorney offices with respect to personnel matters;
C. Section
				36-1A-2
				NMSA 1978 of the District Attorney Personnel and Compensation Act, sections
				36-1A-1
				through
				36-1A-15
				NMSA 1978, which, among other things, created the District Attorney Personnel
				and Compensation Act to establish for all district attorneys a uniform,
				equitable and binding system of personnel administration;
D. Section
				36-1A-8
				NMSA 1978 which, among other things, requires the district attorneys to
				promulgate personnel rules, with the assistance of the director of the
				administrative office of the district attorneys as authorized by Subsection I
				of Section
				36-1-26 NMSA
				1978, which among other things requires the director of the administrative
				office of the district attorneys to perform such other duties in furtherance of
				the administration of the business of the district attorneys as directed by the
				elected or appointed district attorneys; and
E. Section 36-1A-8(B) (1) NMSA 1978 which
				requires the promulgation of district attorney personnel rules governing a
				classification plan for all positions.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 2 - CLASSIFICATION PLAN › Section 10.4.2.8 - CLASS SPECIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The district attorneys as a group shall be responsible for the overall
				coordination, review and maintenance of the classification plan pursuant to the
				provisions of the District Attorney Personnel and Compensation Act. The plan
				shall consist of, but not be limited to:
(1)
				all approved classes of positions;
(2) detailed class specifications;
				and
(3) the rules governing the
				administration of the plan.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 2 - CLASSIFICATION PLAN › Section 10.4.2.9 - EXERCISE OF CLASSIFICATION AUTHORITY AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Position classification assignment: Each
				position shall be assigned the classification that best represents the duties
				performed. Official classifications shall be used on all personnel payroll
				records and in the preparation of legislative and operating budgets.
B. Position classification requests: All
				requests for position reclassifications shall require the completion of a job
				analysis questionnaire form, available from the administrative office of the
				district attorneys, to be completed by the affected incumbent. Additional forms
				or correspondence may also be submitted as further written
				justification.
C. Position
				classification actions: Reclassification actions shall be approved by the
				board. All reclassification actions shall be reviewed by the legislative
				finance committee and approved for budgetary purposes by the department of
				finance and administration.
D. New
				class or class revision:
(1) If the board
				determines that a new class or class revision is necessary, the recommendation
				of the board shall be presented to the district attorneys as a group. Upon
				approval by the district attorneys as a group, the board will establish this
				class provided it has been reviewed by the legislative finance committee and
				approved for budgetary purposes by the department of finance and
				administration.
(2) When a position
				is new or reclassified, the pay shall be determined in accordance with the
				provisions of the pay plan established in these rules.
(3) The board, subject to the approval by the
				district attorneys as a group, may recommend deletion of unused classifications
				and revisions to class specifications, if the revision or deletion does not
				necessitate a classification study. Such a deletion or revision shall be
				reviewed by the legislative finance committee and approved for budgetary
				purposes by the department of finance and administration.
(4) A respective district attorney may appeal
				a position classification decision by the board by stating the reasons for the
				appeal in writing to the board. The district attorneys as a group shall review
				the matter and issue a decision which is final and binding.
(5) When the district attorneys request a job
				analysis of one or more positions, the incumbent employee(s) shall be required
				to fill out the job analysis questionnaire form, available from the
				administrative office of the district attorneys, signed and reviewed by their
				supervisor and the respective district attorney.
(6) When the information on the job analysis
				questionnaire form, available from the administrative office of the district
				attorneys, appears to be insufficient, a job analysis shall be performed by the
				district attorney or their designee.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 3 - COMPENSATION PLAN › Section 10.4.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth the rules for the establishment,
				  maintenance and administration of an equitable, uniform compensation plan which
				  shall be applicable to all positions in the offices of the district attorneys
				  and the administrative office of the district attorneys.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 3 - COMPENSATION PLAN › Section 10.4.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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
				district attorneys;
B. Section
				36-1-26 NMSA
				1978 which, among other things, requires the director of the administrative
				office of the district attorneys to develop uniform systems for use by district
				attorney offices with respect to personnel matters;
C. Section
				36-1A-2
				NMSA 1978 of the District Attorney Personnel and Compensation Act, sections
				36-1A-1
				through
				36-1A-15
				NMSA 1978, which, among other things, created the District Attorney Personnel
				and Compensation Act to establish for all district attorneys a uniform,
				equitable and binding system of personnel administration;
D. Section
				36-1A-8
				NMSA 1978 which, among other things, requires the district attorneys to
				promulgate personnel rules, with the assistance of the director of the
				administrative office of the district attorneys as authorized by Subsection I
				of Section
				36-1-26 NMSA
				1978, which among other things requires the director of the administrative
				office of the district attorneys to perform such other duties in furtherance of
				the administration of the business of the district attorneys as directed by the
				elected or appointed district attorneys; and
E. Section 36-1A-8(B) (2) NMSA 1978 which
				requires the promulgation of district attorney personnel rules governing a
				compensation plan for all positions.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 3 - COMPENSATION PLAN › Section 10.4.3.8 - ESTABLISHMENT OF COMPENSATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The compensation plan shall consist of the
				approved classification and salary schedule, the rules governing the
				administration of the personnel and compensation plan, approved job
				specifications and an employee performance appraisal form.
B. Based on an approved methodology of job
				measurement, each classification shall be assigned a salary range that reflects
				the job content, accountability, job context and salary comparability. All
				employees shall be paid in accordance with the rates shown in the official
				salary schedule.
C. The
				classification and salary schedule shall consist of, but not be limited to,
				classifications or class titles, salary ranges and the minimum, midpoint and
				maximum rates of pay for all classes.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 3 - COMPENSATION PLAN › Section 10.4.3.9 - NEW EMPLOYEE'S ENTRANCE SALARY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A district attorney may pay a newly hired
				employee from the minimum rate to the midpoint of the salary range of the
				appointed class. The salary placement above the minimum rate must be based on
				the following documented assessments:
(1) the
				employee possesses training or experience substantially above the minimum
				qualifications required for the class and the district attorney determines that
				the employee is exceptionally well qualified for the position; and
(2) other factors may include the
				availability of suitable applicants, geographic location and special
				circumstances affecting the applicant or the district attorney.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 3 - COMPENSATION PLAN › Section 10.4.3.10 - REINSTATED EMPLOYEE ENTRANCE SALARY

Current through Register Vol. 35, No. 13, July 16, 2024
An employee who has been granted an authorized leave of
				  absence without pay upon returning to the same position or equivalent position
				  shall be paid at the same rate paid at the time leave was granted. If a pay
				  range adjustment has occurred during such an absence, the employee's pay rate
				  shall be adjusted to the minimum entry level salary if the minimum of the new
				  range is higher than the rate paid at the time leave was
				  granted.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 3 - COMPENSATION PLAN › Section 10.4.3.12 - DISTRICT ATTORNEYS REQUEST FOR OUT-OF-CYCLE SALARY INCREASE FORM

Current through Register Vol. 35, No. 13, July 16, 2024
With regard to out-of-cycle salary increases, a form entitled
				  "request for out-of-cycle salary increase" 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 or ratification by
				  the district attorneys as a group. The current version of the form shall be
				  maintained by, and is available upon request from, the administrative office of
				  the district attorneys and may contain the following information:
A. date submitted;
B. indication of whether the position is a
				non-general fund, term or contract position;
C. employee name;
D. job class;
E. current hourly salary;
F. proposed hourly salary;
G. date of last salary increase;
H. percentage increase over current
				salary;
I. lump sum
				amount;
J. date of appointment to
				current class;
K. date and rating
				of last performance evaluation;
L.
				source of available funds;
M. if
				the increase was to the base hourly rate, an indication of:
(1) the amount required from the effective
				date to the end of the current fiscal year; and
(2) the amount required for a full fiscal
				year;
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 4 - APPOINTMENT OF EMPLOYEES › Section 10.4.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth the framework for the appointment of
				  employees to certain positions in the office of the district
				  attorney.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 4 - APPOINTMENT OF EMPLOYEES › Section 10.4.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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
				district attorneys;
B. Section
				36-1-26 NMSA
				1978 which, among other things, requires the director of the administrative
				office of the district attorneys to develop uniform systems for use by district
				attorney offices with respect to personnel matters;
C. Section
				36-1A-2
				NMSA 1978 of the District Attorney Personnel and Compensation Act, sections
				36-1A-1
				through
				36-1A-15
				NMSA 1978, which, among other things, created the District Attorney Personnel
				and Compensation Act to establish for all district attorneys a uniform,
				equitable and binding system of personnel administration; and
D. Section
				36-1A-8
				NMSA 1978 which, among other things, requires the district attorneys to
				promulgate personnel rules, with the assistance of the director of the
				administrative office of the district attorneys as authorized by Subsection I
				of Section
				36-1-26 NMSA
				1978, which among other things requires the director of the administrative
				office of the district attorneys to perform such other duties in furtherance of
				the administration of the business of the district attorneys as directed by the
				elected or appointed district attorneys.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 4 - APPOINTMENT OF EMPLOYEES › Section 10.4.4.8 - APPOINTMENT TO PERMANENT POSITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 satisfactory
				completion of the probationary period they shall have all of the privileges of
				covered employees.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 4 - APPOINTMENT OF EMPLOYEES › Section 10.4.4.9 - APPOINTMENT TO TERM POSITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 probationary period. Upon satisfactory
				completion of the probationary period they shall have all of the privileges of
				covered employees, except the right to appeal the expiration of
				appointment.
C. The duration of
				term appointments and compensation and salary increases for term appointments
				are dependent upon the funding for the position.
D. Employees accepting a term appointment
				shall sign a statement indicating that they understand and accept the
				conditions of the term appointment.
E. The expiration of term appointments shall
				not be considered a layoff or a disciplinary action within the meaning of these
				rules.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 4 - APPOINTMENT OF EMPLOYEES › Section 10.4.4.10 - APPOINTMENT TO TEMPORARY POSITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Temporary positions have a duration of
				less than one (1) year.
B.
				Employees appointed to temporary positions shall be required to sign a
				statement of willingness to accept a temporary appointment in the office of the
				district attorney.
C. Employees
				appointed to temporary positions may be terminated at will by the district
				attorney. Temporary employees have no rights to utilize grievance procedures
				and the appeals provisions in these rules.
D. The expiration of a temporary appointment
				shall not be considered a layoff or disciplinary action within the meaning of
				these rules.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 4 - APPOINTMENT OF EMPLOYEES › Section 10.4.4.11 - APPOINTMENT TO PART-TIME POSITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Employees appointed to part-time positions must be scheduled
				  to work less than eighty (80) hours each pay period. The appointment may be
				  temporary, term or covered. Employees appointed to part-time positions, with
				  the exception of temporary employees, shall receive prorated compensation and
				  leave accruals and are entitled to all the rights pursuant to the District
				  Attorney Personnel and Compensation Act and these rules.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 5 - REDUCTION IN FORCE › Section 10.4.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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
				district attorneys;
B. Section
				36-1-26 NMSA
				1978 which, among other things, requires the director of the administrative
				office of the district attorneys to develop uniform systems for use by district
				attorney offices with respect to personnel matters;
C. Section
				36-1A-2
				NMSA 1978 of the District Attorney Personnel and Compensation Act, Sections
				36-1A-1
				through
				36-1A-15
				NMSA 1978, which, among other things, created the District Attorney Personnel
				and Compensation Act to establish for all district attorneys a uniform,
				equitable and binding system of personnel administration;
D. Section
				36-1A-8
				NMSA 1978 which, among other things, requires the district attorneys to
				promulgate personnel rules, with the assistance of the director of the
				administrative office of the district attorneys as authorized by Subsection I
				of Section
				36-1-26 NMSA
				1978, which among other things requires the director of the administrative
				office of the district attorneys to perform such other duties in furtherance of
				the administration of the business of the district attorneys as directed by the
				elected or appointed district attorneys; and
E. Section 36-1A-8(B) (6) NMSA 1978 which
				requires the promulgation of district attorney personnel rules governing
				reduction in force.