reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 1 - GENERAL PROVISIONS › Section 1.7.1.11 - COMPUTATION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				computing any period of time prescribed or allowed by these rules, the day from
				which period of time begins to run shall not be included. The last calendar day
				of the time period shall be included in the computation unless it is a
				Saturday, Sunday or a day on which a legal holiday is observed. In such a case,
				the period of time runs to the close of business on the next regular workday.
				If the period is less than 11 days, a Saturday, Sunday or legal holiday is
				excluded from the computation.
B.
				Whenever an employee is permitted or required by these rules to respond or do
				some other act within a prescribed period after service of a notice or paper
				upon the employee and the notice or paper is served by mail or courier service,
				3 calendar days shall be added to the prescribed period.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 1 - GENERAL PROVISIONS › Section 1.7.1.12 - EMPLOYMENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Agencies
				shall maintain a record of each employee's employment history in accordance
				with operational necessity and applicable state and federal law requirements.
				Employees shall have access to review their own file. Employment-related
				confidential records shall be available for inspection by agencies during the
				process of interviewing for employment when the employee has provided a signed
				release. No materials shall be placed in an employee's employment history
				without providing the employee with a copy. Employees may submit written
				rebuttal to any material placed in their employment history. Agencies shall
				transfer the complete record of an employee's employment history upon
				inter-agency transfer.
B.
				Employment records, except confidential records, are subject to inspection by
				the general public. Confidential records may be inspected with the written
				permission of the employee or pursuant to a lawful court order or
				subpoena.
C. For the purpose of
				inspection of public records under Subsection B of 1.7.1.12 NMAC, the following
				material shall be regarded as confidential and exempted from public inspection:
				records and documentation pertaining to physical or mental illness, injury or
				examinations, sick leave and medical treatment of persons; records and
				documentation maintained for purposes of the Americans with Disabilities Act;
				letters of reference concerning employment, licensing, or permits; records and
				documentation containing matters of opinion; interview notes; documents
				concerning infractions and disciplinary actions; performance appraisals;
				opinions as to whether a person should be re-employed; college transcripts;
				military discharge; information on the race, color, religion, sex, national
				origin, political affiliation, age, and disability of employees; home address
				and personal telephone number unless related to public business; social
				security number; laboratory reports or test results generated according to the
				provisions of 1.7.8 NMAC; and as otherwise provided by state or federal
				law.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 1 - GENERAL PROVISIONS › Section 1.7.1.13 - SETTLEMENT AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any settlement agreement reached by an agency and an employee
				  to resolve a matter between them, that incorporates provisions covered by these
				  rules, must conform to the provisions of these rules, unless otherwise approved
				  by the director. If a potential offer of settlement relates to a personnel
				  action covered by these rules, including, but not limited to, disciplinary
				  appeals, grievance arbitrations, and prohibited practice complaints, or a
				  collective bargaining agreement entered into by the state, an agency must
				  secure approval from the director prior to extending the offer. If in the
				  judgment of the director, the offer of settlement is in the best interest of
				  the state, the director may authorize the agency to extend the offer of
				  settlement to the employee. If such settlement also involves payment of monies
				  by an agency, joint approval of the cabinet secretary of the department of the
				  department of finance and administration and administration signifying budget
				  availability and the director is required.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 1 - GENERAL PROVISIONS › Section 1.7.1.14 - AGENCY HUMAN RESOURCE POLICIES

Current through Register Vol. 35, No. 13, July 16, 2024
Each agency shall provide a copy of their human resource
				  policies to the office and these policies must conform to the provisions of
				  these rules and other statutory requirements as required by law and include,
				  among other things, policies regarding diversity in the
				  workplace.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 1 - GENERAL PROVISIONS › Section 1.7.1.15 - TRAINING AND DEVELOPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall establish, pursuant to direction from the
				  board, and maintain a training and development work plan. The board will review
				  the training and development work plan on an annual basis.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 1 - GENERAL PROVISIONS › Section 1.7.1.16 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A determination by a court of competent jurisdiction that
				  any provision of
1.7.1 NMAC
is unconstitutional
				  or invalid shall not adversely affect the constitutionality, validity or
				  enforceability of the remaining provisions.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - CLASSIFIED SERVICE APPOINTMENTS › Section 1.7.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section 10-9-10(A); NMSA 1978, Sections
				  10-9-13(E), (J); and NMSA 1978, Section 10-9-18(A).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - CLASSIFIED SERVICE APPOINTMENTS › Section 1.7.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
07/07/01 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - CLASSIFIED SERVICE APPOINTMENTS › Section 1.7.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 of Chapter 7 is: to describe various
				  types of appointments in the classified service and to describe employees'
				  rights in the classified system.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - CLASSIFIED SERVICE APPOINTMENTS › Section 1.7.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Career appointment"
				is the employment of a candidate in a position recognized by the office as
				permanent.
B. "Term appointment" is
				the employment of a candidate in a position created for a special project or a
				state or federally funded program with a designated duration.
C. "Temporary appointment" is the employment
				of a candidate in a position created for a duration of less than one
				year.
D. "Emergency appointment" is
				the employment of an apparently qualified applicant when an emergency condition
				exists and the appropriate employment list contains no available
				candidates.
E. "Convert(ed)" means
				the changing of an employee to a different type of status.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - CLASSIFIED SERVICE APPOINTMENTS › Section 1.7.2.8 - PROBATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A probationary
				period of one year is required of all employees unless otherwise provided for
				by these rules.
B. The probationary
				period includes all continuous employment in the classified service except
				temporary service.
C. A break in
				employment of at least one work day or more will require an employee to serve
				another probationary period upon rehire into the classified service with the
				exception of those employees returned to work under 1.7.10.10 or 1.7.10.14
				NMAC.
D. Any full-time continuous
				leave, except for military leave, taken during the probationary period
				exceeding 30 calendar days shall extend the probationary period by the number
				of days of leave that exceeds 30 calendar days.
E. A probationer may have their appointment
				expired for non-disciplinary reasons with a minimum of 24 hours written notice
				without right of appeal to the board. Such employees shall be advised in
				writing of the reason(s) for the expiration of appointment.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - CLASSIFIED SERVICE APPOINTMENTS › Section 1.7.2.9 - CAREER STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
An employee in a career appointment attains career status
				  beginning the day following the end of the probationary period required by
1.7.2.8
				  NMAC
unless otherwise provided for by these
				  rules.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - CLASSIFIED SERVICE APPOINTMENTS › Section 1.7.2.10 - TERM STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
Employees in term status who complete the one year
				  probationary period required by
1.7.2.8
				  NMAC
shall have all of the rights and privileges of employees
				  in career status except that term appointments may be expired due to reduction
				  or loss of funding or when the special project or program ends with at least 14
				  calendar days written notice to the employee without right of appeal to the
				  board.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - CLASSIFIED SERVICE APPOINTMENTS › Section 1.7.2.11 - TEMPORARY STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
Temporary appointments may be expired with at least 24 hours
				  written notice to the employee without right of appeal to the
				  board.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - CLASSIFIED SERVICE APPOINTMENTS › Section 1.7.2.12 - EMERGENCY APPOINTMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				emergency appointment is the employment of an apparently qualified applicant
				when an emergency condition exists and there are no applicants available on an
				appropriate employment list.
B. No
				employee may hold an emergency appointment longer than 90 calendar days in any
				12-month period.
C. Emergency
				appointments may be expired with at least 24 hours written notice to the
				employee without right of appeal to the board.
D. An employee in emergency appointment may
				be converted to a career, term, or temporary status if the employee: has met
				the established requirements or the agency certifies that the employee holds
				qualifications and abilities necessary for successful job performance and is
				performing to the agency's satisfaction; and there are no available candidates
				for the position after appropriate recruitment.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - CLASSIFIED SERVICE APPOINTMENTS › Section 1.7.2.13 - EXPIRATION OF APPOINTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The expiration of a term, probationary, emergency or
				  temporary appointment shall not be considered to be a layoff within the meaning
				  of
1.7.10.9
				  NMAC
or a dismissal within the meaning of
Subsection
L
of
1
.7.1.7
				  NMAC
.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 2 - CLASSIFIED SERVICE APPOINTMENTS › Section 1.7.2.14 - ACKNOWLEDGMENT OF CONDITIONS OF APPOINTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Agencies shall require that a form be signed by all employees
				  at the time of appointment acknowledging the terms and conditions of the
				  appointment.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - CLASSIFICATION › Section 1.7.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 of Chapter 7 is: to provide for a
				  uniform and flexible system for the classification of state positions that
				  supports the mission of state agencies, is adaptable to change, ensures that
				  all positions are assigned to their appropriate classification, and sets forth
				  a process for implementing classification studies.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - CLASSIFICATION › Section 1.7.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Classification plan" means a document developed by the
				  director and approved annually by the board, that describes the board's
				  classification philosophy and is the foundation for ensuring consistent
				  application of the philosophy.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - CLASSIFICATION › Section 1.7.3.8 - CLASSIFICATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director, pursuant to direction from the board, shall establish, maintain and,
				in conjunction with state agencies, administer a classification plan for all
				positions throughout the classified service.
B. The board establishes a classification
				through the review, approval and adoption of new or revised classification
				descriptions.
C. The director may
				authorize the deletion of unused classification descriptions and revisions to
				classification descriptions if the revision does not necessitate a
				study.
D. The director shall
				provide affected parties an opportunity to comment on the creation, revision,
				and deletion of classification descriptions prior to implementation.
E. Agencies may request classification
				reviews, classification studies and/or classification re-evaluations.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - CLASSIFICATION › Section 1.7.3.9 - POSITION ASSIGNMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director, in conjunction with state agencies, shall ensure that each position
				in the classified service is assigned to the classification that best
				represents the duties assigned by the employer and performed by the
				employee.
B. When a filled position
				is assigned a classification with a lower pay band, in accordance with the
				provisions
Subsection A of
1.7.3.9
				NMAC
, the employee may elect to take a reduction in accordance
				with
Subsection EE of
1.7.1.7
				NMAC
, or overfill the position in their current
				classification.
C. A position
				assignment decision may be appealed to the director through the agency's
				chain-of-command. Appeals to the director must be in writing and include the
				agency's analysis of the reasons for the appeal. The director's decision is
				final and binding.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - CLASSIFICATION › Section 1.7.3.10 - IMPLEMENTATION OF CLASSIFICATION STUDY RESULTS

Current through Register Vol. 35, No. 13, July 16, 2024
On a date determined by the director, employees affected by a
				  classification study shall be assigned to the resulting new classification
				  which best represents the job performed without having to meet the established
				  requirements, unless minimum qualifications are required by
				  law.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  10-7-12
				  NMSA 1978, Sections
				  10-9-13(B);
				  and 29 U.S.C. Sections
				  201 to
				  262.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 1, 2021 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 4 of Chapter 7 is: to provide a uniform
				  system of pay administration for employees that is externally competitive and
				  internally equitable.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Alternative
				pay band"
means a pay band based on current market rate for benchmark
				jobs in the relevant labor market(s).
B.
"Alternative work schedule"
means a schedule that is requested by an employee and approved by the agency
				that deviates from the normal work schedule.
C.
"Appropriate placement"
means
				those elements to be considered in determining pay upon hire, promotion,
				transfer or reduction including the employee's education, experience, training,
				certification, licensure, internal pay equity, budgetary availability and, when
				known and applicable, employee performance.
D.
"Base pay" or "base salary"
means the rate of compensation paid to an employee exclusive of
				benefits, temporary increases (Subsection K and L of
				1.7.4.12
				NMAC), pay differentials (Subsection M of
				1.7.4.12
				NMAC,
				1.7.4.13 NMAC),
				overtime payments (1.7.4.14
				NMAC), call-back pay (1.7.4.15 NMAC),
				on-call pay (1.7.4.16
				NMAC), holiday pay (Subsection C of
				1.7.4.17 NMAC), and
				incentive awards (1.7.4.18
				NMAC).
E.
"Comparison
				market"
means an identified group of employers for which similar jobs
				can be recognized for the primary purpose of obtaining information that can be
				used to assess how competitive employee pay levels are relative to the
				market.
F.
"Contributor
				proficiency zones"
means subdivisions of the pay band that designate the
				employee's contribution in their job role. These proficiency zones are
				characterized as associate, independent and principal zones.
G.
"In pay band adjustment"
means movement within a pay band for demonstrated performance, skill or
				competency development, or internal alignment, which allows agency management
				to provide base salary growth within a pay band.
H.
"Internal alignment"
means an
				adjustment that addresses pay issues involving the proximity of one employee's
				salary to the salaries of others in the same agency and classification who have
				comparable levels of training, education and experience, duties and
				responsibilities, performance, knowledge, skills, abilities, and competencies,
				and who are appropriately placed.
I.
"Normal work schedule"
means
				a schedule established by the agency, defining a start and end time for the
				employee.
J.
"Pay
				plan"
means a document developed by the director and approved annually
				by the board, that describes the board's compensation philosophy and it is the
				foundation for ensuring consistent application of the philosophy.
K.
"Shift work schedule"
means a
				normal work schedule assigned to an employee as part of a rotating group of
				individuals that must continuously maintain a twenty-four hour
				operation.
L.
"Total
				compensation"
means all forms of cash compensation and the dollar value
				of the employer-sponsored benefit.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.8 - PAY PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director, pursuant to direction from the board, shall establish, maintain and,
				in conjunction with state agencies, administer a pay plan for all positions
				throughout the classified service, which shall include the pertinent factors
				that should be considered by managers for determining and justifying
				appropriate placement within a pay band.
B. Agencies shall develop and utilize a
				compensation policy that is in compliance with 1.7.4 NMAC. Agency compensation
				policies will be filed with, reviewed by, and approved by the director.
				Subsequent revisions to the compensation policy shall be filed with, reviewed
				by, and approved by the director prior to adoption of the policy.
C. The board shall adopt a recognized method
				of job evaluation to uniformly and consistently establish the value of each
				level.
D. The director shall
				conduct an annual compensation survey that includes total compensation. The
				comparison market shall be comprised of private and public entities within the
				state of New Mexico, regional state government employers, and central, western
				and southwestern state government employers. The board or director may
				authorize additional comparison markets when deemed necessary and
				appropriate.
E. Prior to the end of
				each calendar year, the director shall submit a compensation report that
				includes a summary of the status of the classified pay system and the results
				of the annual compensation survey that includes total compensation to the
				board. The board shall review, adopt and submit this report to the governor and
				the legislative finance committee.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.9 - ASSIGNMENT OF PAY BANDS

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall appoint a job evaluation committee
				  consisting of 10 members. The director will provide training in the job
				  evaluation and measurement process. The committee shall apply the job
				  evaluation and measurement process to all newly created or revised
				  classifications.
A. The committee
				shall submit the results of the job evaluation(s) as recommendations to the
				director. The director shall review the results and convert the total job
				evaluation points to the appropriate pay band. The director shall submit the
				pay band assignment results to the board for adoption.
B. Agencies may request a re-evaluation of a
				classification which, based upon their analysis, is inappropriately valued.
				Re-evaluations may be conducted no more than once every 24 months unless
				otherwise approved by the director.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.10 - ASSIGNMENT OF ALTERNATIVE PAY BANDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director shall recommend to the board
				the assignment of an alternative pay band(s).
B. Alternative pay band(s) will be utilized
				to address compensation related to recruitment and retention issues.
C. Requests for alternative pay bands must
				meet criteria established in the pay plan.
D. The board shall assign alternative pay
				bands based on the director's report on comparison market surveys, or
				additional market survey information, to address critical recruitment/retention
				issues.
E. The assignments to
				alternative pay bands shall be reviewed annually to determine their
				appropriateness. The director shall recommend to the board the continuation or
				removal of the alternative pay band assignments. The salary of affected
				employees shall be governed by Subsection H of
				1.7.4.12
				NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.11 - SALARY SCHEDULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Based
				on the pay plan, the director shall develop and maintain salary schedules for
				the classified service that shall consist of pay bands.
B. No employee in the classified service
				shall be paid a salary less than the minimum nor greater than the maximum of
				their designated pay band unless otherwise authorized by the director, or
				provided for in these rules, or the employee has been transferred into the
				classified service by statute, executive order, or order of a court of
				competent jurisdiction.
C. The
				director, pursuant to the direction of the board, shall adjust the salary
				schedules to address the external competitiveness of the service or other
				concerns. Employees whose pay band is adjusted upward or downward shall retain
				their current salary. Such salary schedule adjustments may result in employees
				temporarily falling below the minimum or above the maximum of their pay band
				upon implementation.
(1) The pay of employees
				who would be above the maximum of the pay band shall not be reduced.
(2) The pay of employees who fall below the
				minimum of their pay band shall be raised to the minimum unless the director
				confirms that the agency does not have budget availability. In these instances,
				agencies shall raise the pay of employees to the minimum of their pay band
				within six months of the effective date of the salary schedule adjustment. The
				director may grant an extension to the six-month time period upon submission
				and approval of a plan by the agency to raise the pay of employees to the
				minimum of their pay band.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.12 - ADMINISTRATION OF THE SALARY SCHEDULES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Entrance salary:
Upon
				entrance to a classified position, a newly appointed employee's salary, subject
				to budget availability, should reflect appropriate placement within the pay
				band. Any entrance salary in the principal contributor zone must receive
				approval from the director prior to appointment.
B.
Legislative authorized salary
				increase:
(1) Subject to specific
				statutory authorization for each state fiscal year, employees may be eligible
				for a salary increase within their assigned pay band.
(2) Employees with a salary at or above the
				maximum of the position's pay band shall not be eligible for an increase unless
				authorized by statute.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.13 - PAY DIFFERENTIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Temporary recruitment differential:
The director may authorize, in
				writing, a pay differential of up to fifteen percent (15%) of an employee's
				base pay to an employee who fills a position which has been documented as
				critical to the effective operation of the agency and has been demonstrated and
				documented to be a severe recruitment problem for the agency.
(1) A temporary recruitment differential
				authorized under this provision shall be tied to the position and may not
				transfer with the employee should the employee leave that position. Payment of
				this differential shall be separate from the employee's base salary. Agencies
				shall demonstrate to the office, at least biennially, the circumstances which
				justified the differential to determine the necessity for its
				continuance.
(2) A temporary
				recruitment differential of more than fifteen percent (15%) of an employee's
				base pay or that results in an employee's pay exceeding the maximum of the pay
				band may be authorized by the director.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.15 - CALL-BACK PAY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees who
				are directed to return to work after completing their normal or alternative
				work schedule and before their next normal or alternative work schedule:
(1) shall be paid in accordance with the
				provisions of
				1.7.4.14 NMAC, if the
				time worked results in overtime; or:
(2) shall be paid their hourly rate, if the
				time worked does not result in overtime.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.16 - ON-CALL PAY

Current through Register Vol. 35, No. 13, July 16, 2024
A. In accordance
				with the provisions of the Fair Labor Standards Act, agencies shall develop a
				policy to compensate employees directed to remain on-call after their normal or
				alternative work schedule.
B.
				Agencies shall file their on-call compensation policy with the office.
				Subsequent revisions to the on-call policy shall be filed with the office prior
				to implementation.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.17 - HOLIDAY PAY

Current through Register Vol. 35, No. 13, July 16, 2024
A. When an
				authorized holiday falls on an employee's regularly scheduled workday 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 agency'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 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.18 - GOVERNMENT COST SAVINGS INCENTIVE AWARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Agencies may provide cash awards to employees with the
				  approval of the board in accordance with the provisions of NMSA 1978, Section
				  10-7-12.
				  The director and the secretary of the department of finance and administration
				  shall jointly issue and administer guidelines for submitting proposed awards to
				  the board.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - RECRUITMENT, ASSESSMENT, SELECTION › Section 1.7.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections 10-9-10(A), 10-9-12(A), 10-9-13(C),
				  10-9-13(F), 10-9-13(I),
				  10-9-13.2,
				  10-9-18(B),
				  10-9-22,
				  10-9-23;
				  NMSA 1978, Section
				  20-4-9;
				  NMSA 1978, Sections
				  24-2B-1 to
				  24-2B-8;
				  NMSA 1978, Sections
				  28-2-1 to
				  28-2-6,
				  28-10-12.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - RECRUITMENT, ASSESSMENT, SELECTION › Section 1.7.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
07/07/01 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - RECRUITMENT, ASSESSMENT, SELECTION › Section 1.7.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 5 of Chapter 7 is: to provide a system
				  for the recruitment, examination and selection of applicants for employment in
				  the classified service.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - RECRUITMENT, ASSESSMENT, SELECTION › Section 1.7.5.7 - 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.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - RECRUITMENT, ASSESSMENT, SELECTION › Section 1.7.5.8 - 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 director or provided for in these rules.
B. Positions in the classified service shall
				be filled at the assigned classification. An underfill may be approved by the
				director. An authorized underfill may not exceed one year unless extended by
				the director.
C. The director may
				approve a position to be doublefilled for up to one year.
D. Agencies may allow part-time employees to
				share the same position.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - RECRUITMENT, ASSESSMENT, SELECTION › Section 1.7.5.9 - RECRUITMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director shall
				establish a means to effectively advertise and recruit for vacant positions
				within the classified service.
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. Agencies shall be sensitive to creating
				diversity in the workplace.
D.
				Applications shall be filed in accordance with the director-established
				recruitment criteria, received within the prescribed time limits and be for
				positions open for recruitment.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - RECRUITMENT, ASSESSMENT, SELECTION › Section 1.7.5.10 - APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The 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 director shall 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 classified service.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - RECRUITMENT, ASSESSMENT, SELECTION › Section 1.7.5.11 - EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Security:
(1) The director shall
				maintain the security of all examinations.
(2) Examinations shall be developed by 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
				in
Paragraph (4) of Subsection
A of 1.7.5.11
				NMAC
no agency shall administer any examination to an applicant
				or employee without the examination and the examination administration having
				been approved by the director unless otherwise authorized by statute.
(4) An agency 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
				12101 Note 29C.F.R. Part
				1630.14(a)
Pre-employment inquiry
)
.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 5 - RECRUITMENT, ASSESSMENT, SELECTION › Section 1.7.5.12 - SELECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. In accordance with
				the purpose of the
Personnel Act NMSA, Section
				10-9-2,
selection shall be based solely on qualification and ability. Selection for any
				appointment to positions in the classified service shall be justified in
				writing and made from employment lists.
B. All employers subject to the
Criminal Offender Employment Act [NMSA 1978, Sections
				28-2-1 to
				28-2-6
				]
may take into consideration a conviction, but the conviction will
				not operate as an automatic bar to obtaining public employment. Employer may
				only take into consideration a conviction after the applicant has been selected
				as a finalist for the position.
C.
				Agencies shall develop policies governing their use of the employment lists;
				such policies shall be submitted to the director for approval.
D. Agencies shall be sensitive to creating
				diversity in the workplace.
E.
				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
NMSA
				1978, Section
				28-10-12.
(1) The 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
1.7.10.12
				NMAC
.
(2) The director shall certify only the
				name(s) of former employees who are currently eligible for reemployment from a
				reduction in force per
1.7.10.10 NMAC
.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - GENERAL WORKING CONDITIONS › Section 1.7.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  10-9-1 to
				  10-9-25,
				  NMSA 1978, Section 10-9-10(A), NMSA 1978, Section 10-9-13(G), NMSA 1978,
				  Section
				  10-9-21, NMSA
				  1978, Section
				  12-5-2,
				  NMSA 1978, Sections
				  24-2B-1 to
				  24-2B-8,
				  U.S.C. Sections 1501 to 1508.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - GENERAL WORKING CONDITIONS › Section 1.7.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1997, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - GENERAL WORKING CONDITIONS › Section 1.7.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 6 of Chapter 7 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.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - GENERAL WORKING CONDITIONS › Section 1.7.6.7 - 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 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - GENERAL WORKING CONDITIONS › Section 1.7.6.8 - NEPOTISM

Current through Register Vol. 35, No. 13, July 16, 2024
No agency shall 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 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - GENERAL WORKING CONDITIONS › Section 1.7.6.9 - LEGAL HOLIDAYS

Current through Register Vol. 35, No. 13, July 16, 2024
Each year, prior to December 1, the Board shall publish the
				  dates on which legal public holidays as designated in NMSA 1978, Section
				  12-5-2
				  (Repl. Pamp. 1988) shall be observed for the next calendar
				  year.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - GENERAL WORKING CONDITIONS › Section 1.7.6.10 - PROHIBITED POLITICAL ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Employees are prohibited from:
A. 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;
B. directly or indirectly coercing,
				attempting to coerce, commanding, or advising a 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;
C. 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;
D. engaging in a political activity while on
				duty; or
E. being an officer of a
				political organization.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - GENERAL WORKING CONDITIONS › Section 1.7.6.11 - PUBLIC/POLITICAL OFFICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees
				covered by the provisions of the
Hatch Act [
				5
				U.S.C. Sections 1501 to
				1508 ]
may not be candidates for partisan political office elections.
B. Employees not covered by the provisions of
				the
Hatch Act [
				5
				U.S.C. Sections 1501 to
				1508 ]
may be candidates for any partisan political office if, upon filing or
				accepting the nomination and during the entire campaign, they are authorized
				full-time continuous leave without pay.
C. Employees may be candidates for
				nonpartisan political office, subject to the restriction set forth in
1.7.6.11 NMAC
, without taking a leave of
				absence.
D. Employees may hold only
				a nonpartisan county or municipal political office during employment in the
				classified service.
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
1.7.11 NMAC
and/or the criminal
				penalties set forth in
NMSA 1978 Section
				10-9-23.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 6 - GENERAL WORKING CONDITIONS › Section 1.7.6.13 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each agency shall
				establish a written complaint procedure by which employees can seek to remedy
				problems associated with their working conditions. Agency complaint procedures
				shall be filed with the Office and the information made available to all
				employees of the agency.
B.
				Employees have the right to present or make known their complaints, free from
				interference, restraint, discrimination, coercion, or reprisal.
C. Agencies should utilize alternative
				methods of dispute resolution, including mediation, wherever appropriate to
				resolve conflicts in the workplace and encourage positive working relationships
				between employees and management.
D. If the complaint pertains to an
				interpretation of these rules, it may be appealed to the director within 30
				calendar days of the agency's final decision. The director will issue an
				interpretation in accordance with 1.7.1.9 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section 10-9-13(G); Section 11: NMSA 1978, Section
				  10-7-10;
				  Section 13:
				  29
				  U.S.C. Sections 201 and
				  2601
et seq
.: Section 15: NMSA 1978, Section
				  1-12-42;
				  Section 17: NMSA 1978, Sections
				  20-4-7,
				  20-5-14
				  and
				  20-7-5
				  and 38 U.S.C. Section 2024.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
07/07/01 unless a later date is cited at the end of a
				  section.