New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 1 - GENERAL PROVISIONS › Section 10.12.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Agency" means
				any state department, unit, bureau, division, branch or administrative group
				which is under the same employer.
B. "Anniversary date" means the date of
				appointment or reemployment and is changed as of the date of promotion,
				demotion, reduction, or change to a different classification in the same pay
				band. The human resource director shall resolve disputes over how an
				anniversary date is derived.
C.
				"Applicant" means any person, who has applied for a position.
D. "Board" means the disciplinary review
				board.
E. "Break in employment"
				means any period of separation of at least one workday of not being in the
				public defender department.
F.
				"Candidate" means any person who is on the employment list for a
				position.
G. "Chief" means the
				chief public defender.
H."Classification" means a job that is
				occupationally and quantifiable distinct.
I."Compa-ration" means pay expressed as a
				percentage of the midpoint of a pay range.
J."Demotion" means an involuntary downward
				change for disciplinary reasons with a reduction in pay within an employee's
				pay band or from a position in one pay band to a position in a lower pay band
				with a reduction in pay, and/or removal of supervisory responsibilities and pay
				for disciplinary reasons.
K."Department" means the public defender
				department.
L."Dismissal" means the
				involuntary separation from employment for disciplinary reasons.
M."Employee" means a person in a position in
				the department. (Note: For purposes of brevity and consistency, this definition
				differs from Section
				10-9-3
				-(I) NMSA 1978 but in no way confers a greater right on certain persons than
				contemplated by Section 10-9-3(I) NMSA 1978).
N."Employer" means any authority having power
				to fill positions in the department.
O."Employment list" means the list of names,
				certified by the human resource director, from which a candidate may be
				selected for appointment.
P."Established requirements" means a
				position's individual job related qualification standards established by the
				department in accordance with the specific requirements and/or needs of the
				position and are subject to review by the human resource director.
Q."Examination" means quantitative
				competitive assessment of qualifications, knowledge, skills, fitness and
				abilities of an applicant including oral or written tests.
R."Exempt service" means at will positions in
				the department.
S."Filed" means
				received by the office.
T."First
				line supervisor" means an employee in a non-manager classification who devotes
				a substantial amount of work time to supervisory duties, customarily and
				regularly directs the work of other employees and may have the authority in the
				interest of the department to hire, promote, evaluate the performance of, or
				discipline other employees or to recommend such actions effectively but does
				not include an individual who performs merely routine, incidental or clerical
				duties, or who occasionally assumes supervisory or human resource directory
				roles or whose duties are substantially similar to those of subordinates, and
				does not include lead employees, employees who participate in peer review or
				occasional employee evaluation programs.
U."Involuntary separation" means involuntary
				removal of an employee from the department without prejudice as provided for in
				10.12.10.13 NMAC.
V."Manager" means
				an employee in a position that manages internal staff and/or external staff,
				and who plans, organizes, integrates, coordinates, and controls the activities
				of others or directs a specific program or project. A manager also is held
				accountable for the performance of people, services, systems, programs and
				resources and can change their direction, objectives and assignments to meet
				performance and business needs.
W."Midpoint" means the salary midway between
				the minimum and maximum pay rates of a pay range that represents the
				competitive market rate for jobs of the same relative worth in the relevant
				labor market(s). Midpoint represents a compa-ratio value of 1.00 or
				100%.
X."Minimum qualifications"
				means statutory requirements as required by law, which shall be used to reject
				applicants.
Y."Office" means the
				human resources bureau.
Z."Pay
				range" means the range of pay rates, from minimum to maximum.
AA. "Probationer" means an employee in the
				department who has not completed the one-year probationary period.
BB. "Promotion" means the change of an
				employee from a position in one pay range to a position in a higher pay
				range.
CC. "Reduction" means a
				voluntary change without prejudice, within an employee's pay range, or from a
				position in one pay range to a position in a lower pay range, or voluntary
				removal of supervisory or leadworker responsibilities and pay.
DD. "Relation by blood or marriage within the
				third degree" includes spouse, domestic partner, parent, mother-in-law,
				father-in-law, step-parent, children, domestic partner children, son-in-law,
				daughter-in-law, step-child, brother, stepbrother, brother-in-law, sister,
				step-sister, sister-in-law, grandparent, grandchild, uncle, aunt, nephew,
				niece, great-grandchild, and great-grandparent.
EE. "Resignation" means the voluntary
				separation of an employee from the department.
FF. "Rules" means the rules and regulations
				of the public defender department.
GG. "Status" means all of the rights and
				privileges of an appointment.
HH.
				"Suspension" means an involuntary leave of absence without pay for disciplinary
				reasons for a period not to exceed 30 calendar days.
II. "Transfer" means the movement of an
				employee from one position to another in the same pay range without a break in
				employment.
JJ. "Without prejudice"
				means a declaration that no rights or privileges of the employee concerned are
				to be considered as thereby waived or lost except in so far as may be expressly
				conceded or decided.
KK. "Writing
				or written" means in the written form and/or an alternative format, where
				deemed appropriate, and when requested.