reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.18 - RATING CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
Rating will be based on the different parts of the
				  application, and will be assigned the following scores based on a 100 point
				  scale.
A. Title page - up to two
				points.
B. Coversheet - up to two
				points.
C. Table of contents - up
				to two points.
D. Page limitation -
				four points (if any part is over the stated page limit, no points will be
				assigned).
E. General overview - up
				to five points.
F. Problem
				statement - up to 20 points.
G.
				Goals, objectives, and methods of accomplishments - up to 25 points.
H. Project evaluation - up to 10
				points.
I. Sustainment - up to10
				points.
J. State if coordination -
				up to10 points.
K. Budget detail
				and budget narrative - up to10 points.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.19 - SELECTION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The department of public safety will make a decision on each
				  complete application 30 days after the application deadline. Failure to submit
				  a complete application will result in ineligibility. The failure of an
				  application to conform to state program priorities or to meet criteria set
				  forth in this document may constitute reason for disapproval. The selection
				  process is as follows.
A. Upon receipt
				of applications, the grants management bureau staff will review the
				applications for eligibility, completeness, and compliance.
B. Eligible applications will be forwarded to
				a panel for review and rating. The selection panel through the grants
				management bureau will submit their recommendations for consideration to the
				cabinet secretary.
C. The cabinet
				secretary of the department of public safety has the final authority in the
				awarding of grants.
D. All
				applicants will be notified in writing of the outcome of their application no
				later than 30 days after the application deadline.
E. Unsuccessful applications may appeal if
				the applicant feels any federal or state regulation involving selection was
				violated. Appeals must be received by the New Mexico department of public
				safety, grants management bureau within 15 calendar days of receipt of the
				outcome notification. A three-member appeal panel shall review the alleged
				violation, decide on its validity, and make a recommendation to the cabinet
				secretary of the department of public safety. If an appeal is received by the
				department of public safety all funding decisions will be delayed until the
				appeal has been reviewed and a final decision has been made by the cabinet
				secretary. The cabinet secretary's decision shall be final.
F. The New Mexico department of public safety
				reserves the right to reduce any request based on funding availability and
				other factors as determined by the New Mexico department of public
				safety.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.20 - SUSPENSION AND TERMINATION OF FUNDING

Current through Register Vol. 35, No. 13, July 16, 2024
The state may, after reasonable notice and failure of
				  informal efforts to effect resolution, suspend, in whole or in part, or after
				  reasonable notice and opportunity for a hearing, terminate, in whole or in
				  part, funding for program or project which fails to conform to the requirements
				  or statutory objectives, the program or financial regulations and policies or
				  the terms and conditions of its grant award. Hearing and appeal procedures for
				  termination actions are set forth in department of justice regulations at 28
				  CFR part 18.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All eligible Edward Byrne Justice Assistance Grant Program
				  (JAG) applicants.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
42
				  U.S.C. 3751(a),
				  P.L.
				  108-447, "Consolidated Appropriations Act, 2005",
				  NMSA 1978 Section
				  9-19-6,
				  and P.L.
				  109-162.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 29, 2013, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The U.S.
				department of justice, bureau of justice assistance (BJA), under the
				Consolidated Appropriations Act, 2005,
				Public Law
				108-447 provides states and units of local
				government with funds to provide additional personnel, equipment, supplies,
				contractual support, training, technical assistance, and information systems
				for criminal justice.
B. This
				initiative is intended to add to, augment or supplement, not replace, resources
				already committed to the drug and violent crime control effort.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.8 - ELIGIBLE APPLICANTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Eligible applicants are limited to state agencies and local units of
				government. A unit of local government is: a town, township, village, parish,
				city, county, or other general purpose political subdivision of a state; any
				law enforcement district or judicial enforcement district that is established
				under applicable state law and has authority to, in a manner independent of
				other state entities, establish a budget and impose taxes; or federally
				recognized Indian tribe or Alaskan native organization that performs law
				enforcement functions as determined by the secretary of the interior. State
				institutions of higher learning are considered to be "state agencies" for
				eligibility purposes.
B. Previous
				program recipients shall be in compliance with the stipulations of all previous
				awards in order to continue to be eligible.
C. Additionally, all applicants shall be in
				compliance with the required
uniform crime reporting
requirements under
				29-3-11
				NMSA.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.9 - HOW TO APPLY

Current through Register Vol. 35, No. 13, July 16, 2024
To obtain an application packet in either electronic form or
				  hard copy, contact: the grants management bureau, department of public safety,
				  4491 Cerrillos Road, Post Office Box 1628, Santa Fe, New Mexico 87504-1628 or
				  by calling (505) 827-3347 or (505) 827-9112.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.10 - DISTRIBUTION OF FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
Amounts of pass-through funding will be provided in the
				  notice of funding availability and application packet and shall be as set forth
				  by the U.S. department of justice - bureau of justice assistance. New Mexico
				  may exceed the minimum pass-through amount as set forth by U.S. department of
				  justice - bureau of justice assistance, by providing funds not used at the
				  state level to local units of government.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.11 - AUTHORIZED PROJECTS/PROGRAM AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
Authorized purpose areas and programs eligible for funding
				  will be further described in the notice of funding availability and application
				  packet.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.13 - APPLICATION FORMAT

Current through Register Vol. 35, No. 13, July 16, 2024
Upon approval of the notice of funding availability (NOFA)
				  and application packet by New Mexico's drug enforcement advisory council, the
				  GMB may release the NOFA and application. Upon release, all applications must
				  follow the format outlined in the current notice of funding availability
				  provided by the New Mexico department of public safety.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.14 - ALLOWABLE/UNALLOWABLE EXPENSES

Current through Register Vol. 35, No. 13, July 16, 2024
In order to ensure the most efficient and effective use of
				  grant funds, applicants must adhere to the following: All allowable and
				  unallowable expenses will be clearly defined in the notice of funding
				  availability and application packet and shall be in accordance with the current
				  edition of the office of justice programs financial
				  guidelines.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.15 - SUPPLANTING

Current through Register Vol. 35, No. 13, July 16, 2024
Federal funds must be used to supplement existing funds for
				  program activities and cannot replace or supplant nonfederal funds that have
				  been appropriated for the same purpose.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.16 - REPORTING AND OTHER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Accountability and transparency: a strong
				emphasis will be placed on accountability and transparency, it is essential
				that all funds be tracked, accounted for, and reported. Sub-recipients must be
				prepared to track and report on the specific outcomes and benefits
				attributable. Each sub-recipient will be responsible for having completed
				reports sent to the grants management bureau pm the prescribed scheduled
				included within the NOFA, Application, and any subsequent sub-grant agreement.
				Each recipient that receives JAG funds shall submit a report to the grants
				management bureau that contains, at a minimum:
(1) the total amount of JAG funds
				received;
(2) the amount of JAG
				funds that was expended or obligated;
(3) a detailed list of all projects or
				activities for which JAG funds were expended or obligated;
(a) the name of the project or
				activity;
(b) a description of the
				project or activity;
(c) an
				evaluation of the completion status of the project or activity.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.17 - RATING CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
The rating criteria will be as set forth in the notice of
				  funding of availability and application packet.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.18 - SELECTION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The department of public safety, in conjunction with the drug
				  enforcement advisory council (DEAC), will make a decision on each complete
				  application. The failure of an application to conform to state program
				  priorities, as outlined in the notice of funding availability and application
				  packet, may deem the application ineligible. The selection process is as
				  follows.
A. Upon receipt, the grants
				management bureau staff will review the applications for completeness and
				conduct an internal evaluation, review and ranking of each
				application.
B. Complete
				applications will be forwarded to the drug enforcement advisory council (DEAC)
				budget sub-committee for review and rating. The subcommittee, through the
				grants management bureau, will submit their recommendations to DEAC for
				ratification.
C. The final
				recommendations will be forwarded to the cabinet secretary of the department of
				public safety.
D. The cabinet
				secretary of the department of public safety has the final authority in the
				awarding of grants.
E. All
				applicants will be notified in writing of the outcome of their application no
				later than 30 days after the application deadline.
F. Unsuccessful applicants may appeal if the
				applicant believes any federal or state regulation involving selection was
				violated. Appeals must be received by the New Mexico department of public
				safety, grants management bureau within 15 calendar days of receipt of the
				outcome notification. A three-member appeal panel shall review the alleged
				violation, decide on its validity, and make a recommendation to the cabinet
				secretary of the department of public safety. If an appeal is received by the
				department of public safety all funding decisions will be delayed until the
				appeal has been reviewed and a final decision has been made by the cabinet
				secretary. The cabinet secretary's decision shall be final.
G. The New Mexico department of public safety
				reserves the right to reduce or deny any request based on funding availability
				and other factors as determined by the New Mexico department of public
				safety.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 3 - APPLICATION PROCEDURES GOVERNING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.3.19 - SUSPENSION AND TERMINATION OF FUNDING

Current through Register Vol. 35, No. 13, July 16, 2024
The state may, after reasonable notice and informal efforts
				  to effect resolution, suspend, in whole or in part, funding for program or
				  project which fails to conform to the requirements of the program or financial
				  regulations and policies or the terms and conditions of its grant award.
A. All successful applicants shall be
				required to expend at least thirty-five percent of their award by the end of
				the second quarter and at least seventy percent of their award by the end of
				the third quarter, of any award period.
B. If a successful applicant fails to expend
				their funds in accordance with the above-cited requirements, the difference
				between the actual expenditures and the required expenditures shall be reverted
				at the end of each milestone/benchmark accordingly.
C. If extenuating circumstances exist,
				applicants may petition the drug enforcement advisory council through its
				budget and funding subcommittee for relief of the reversion of un-expended
				funds.
D. Upon review and analysis
				of the petition, the budget and funding subcommittee through the grants
				management bureau, shall forward their recommendation to the secretary of the
				department for disposition.
E. The
				cabinet secretary of the department of public safety has the final authority in
				determining if the reversion shall occur.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 1 - GENERAL PROVISIONS › Section 10.12.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 31-15-2.4(B) (6) NMSA 1978; Section
				  31-15-7
				  NMSA 1978;
				  42 U.S.C Section
				  12101 et seq.; Section 14: NMSA 1978, Section
				  14-2-1
				  NMSA 1978 and 42 U.S.C Section 101 et seq; Chapter 173, laws of
				  1997.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 1 - GENERAL PROVISIONS › Section 10.12.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 1 of Chapter 12 is: to define words and
				  phrases used throughout Chapter 12, to cite provisions pertaining to different
				  parts of Chapter 12, to require maintenance of employment records, and to
				  detail provisions that do not warrant a separate part.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 1 - GENERAL PROVISIONS › Section 10.12.1.8 - APPROVAL AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the provision of Section
				  31-15-7
				  NMSA 1978 the chief public defender shall supervise all administrative and
				  technical personnel activities of the department. The chief public defender may
				  designate duties as needed.
A. The
				human resource director, pursuant to direction from the chief, will establish a
				quality assurance review program. The chief will review the quality assurance
				review program.
B. The human
				resource director shall ensure that all programs are reviewed, as outlined in
				the quality assurance review program, which will enable the chief to supervise
				all administrative and technical personnel activities of the state and ensure
				compliance with the rules. The human resource director shall submit the
				findings to the chief.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 1 - GENERAL PROVISIONS › Section 10.12.1.10 - METHOD OF SERVING NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
Any notice required of the department by these rules, shall
				  be delivered by a method that provides proof of service or attempted
				  service.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 1 - GENERAL PROVISIONS › Section 10.12.1.11 - 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,
				three calendar days shall be added to the prescribed period.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 1 - GENERAL PROVISIONS › Section 10.12.1.12 - EMPLOYMENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				office 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 their own file. Employment-related
				confidential records shall be available for inspection by prospective employers
				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 a written rebuttal to any material placed in their
				employment history. The department 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.
C. For the
				purpose of inspection of public records under Section
				14-2-1
				NMSA 1978 et seq., 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,
				42 U.S.C. Section
				12101 et seq.; letters of reference
				concerning employment, licensing, or permits; records and documentation
				containing matters of opinion; 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 10.12.8 NMAC; and as otherwise
				provided by state or federal law.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 1 - GENERAL PROVISIONS › Section 10.12.1.13 - SETTLEMENT AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any settlement agreement reached by the department and an
				  employee to resolve a matter in dispute between them, that incorporates
				  provisions covered by these rules, must conform to the provisions of these
				  rules and have the prior approval of the chief. The chief may approve a
				  settlement agreement, which does not conform to the provisions of these rules
				  if, in the judgment of the chief, the settlement is in the best interest of the
				  public defender department.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 1 - GENERAL PROVISIONS › Section 10.12.1.14 - HUMAN RESOURCE POLICIES

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall make human resource policies available
				  to employees and insure that policies conform to requirements of
				  law.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 1 - GENERAL PROVISIONS › Section 10.12.1.15 - TRAINING AND DEVELOPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The human resource director in conjunction with the training
				  director shall establish, pursuant to direction from the chief, maintain a
				  training and development work plan. The chief will review the training and
				  development work plan on an annual basis.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 1 - GENERAL PROVISIONS › Section 10.12.1.16 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A determination by a court of competent jurisdiction that any
				  provision of these rules is unconstitutional or invalid shall not adversely
				  affect the constitutionality, validity or enforceability of the remaining
				  provisions.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 2 - APPOINTMENTS › Section 10.12.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 31-15-2.4(B) (6) NMSA 1978; Section
				  31-15-7
				  NMSA 1978;
				  42 U.S.C Section
				  12101 et seq.; Section 14: NMSA 1978, Section
				  14-2-1
				  NMSA 1978 and 42 U.S.C Section 101 et seq.; Chapter 173, laws of
				  1997.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 2 - APPOINTMENTS › Section 10.12.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 of Chapter 12 is to describe various
				  types of appointments in the department and to describe employees'
				  rights.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 2 - APPOINTMENTS › Section 10.12.2.7 - 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 program with a designated duration.
C. "Temporary appointment" is the employment
				of a candidate in a position created for duration of less than one
				year.
D. "Emergency appointment" is
				the employment of an apparently qualified applicant when an emergency condition
				exists as determined by the chief and the appropriate employment list contains
				no available candidates or when there may be insufficient time for the normal
				recruitment process to proceed and in order to address the emergency, but only
				as long as the emergency exists. All qualified candidates will be considered
				for the position including the subject of the emergency appointment when the
				employment list is certified by the office.
E. "Convert(ed)" means the changing of an
				employee to a different type of status.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 2 - APPOINTMENTS › Section 10.12.2.8 - 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 department 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 department with the exception of those
				employees returned to work under 10.12.10.10 NMAC or 10.12.10.14
				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. Such employees shall be advised in writing of the
				reason(s) for the expiration of appointment.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 2 - APPOINTMENTS › Section 10.12.2.9 - 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
				  10.12.2.8
				  NMAC unless otherwise provided for by these rules.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 2 - APPOINTMENTS › Section 10.12.2.10 - 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
				  10.12.2.8
				  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.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 2 - APPOINTMENTS › Section 10.12.2.12 - 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 as determined by the chief and there are no
				applicants available on an appropriate employment list or when there may be
				insufficient time for the normal recruitment process to proceed and in order to
				address the emergency, but only as long as the emergency exists. All qualified
				candidates will be considered for the position including the subject of the
				emergency appointment when the employment list is certified by the
				office.
B. No employee may hold an
				emergency appointment longer than 90 calendar days in any 12-month period. The
				chief may make a second emergency appointment if the conditions continue to
				exist or additional conditions arise as set forth in Subsection A of this
				section.
C. Emergency appointments
				may be expired with at least 24 hours written notice to the employee without
				right of appeal.
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 department
				certifies that the employee holds qualifications and abilities necessary for
				successful job performance and is performing to the department's satisfaction;
				and there are no better qualified candidates for the position after appropriate
				recruitment.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 2 - APPOINTMENTS › Section 10.12.2.13 - 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
				  10.12.10.9
				  NMAC or a dismissal within the meaning of Subsection L of
				  10.12.1.7
				  NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 2 - APPOINTMENTS › Section 10.12.2.14 - ACKNOWLEDGMENT OF CONDITIONS OF APPOINTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The department 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 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 3 - CLASSIFICATION › Section 10.12.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 31-15-2.4(B)(6) NMSA 1978 and Section
				  31-15-7
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 3 - CLASSIFICATION › Section 10.12.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 of Chapter 12 is to provide for a
				  uniform and fixable system for the classification of department positions that
				  supports the mission of the department, 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 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 3 - CLASSIFICATION › Section 10.12.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Classification plan" means a document developed by the human
				  resource director and approved by the chief that describes the chief's
				  classification philosophy and is the foundation for ensuring consistent
				  application of the philosophy.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 3 - CLASSIFICATION › Section 10.12.3.8 - CLASSIFICATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The human
				resource director, pursuant to direction from the chief, shall establish,
				maintain and, administer a classification plan for all positions throughout the
				department.
B. The chief
				establishes a classification through the review, approval and adoption of new
				or revised classification descriptions.
C. The human resource director may recommend
				the deletion of unused classification descriptions and revisions to
				classification descriptions if the revision does not necessitate a
				study.
D. The human resource
				director shall provide affected parties an opportunity to comment on the
				creation, revision, and deletion of classification descriptions prior to
				implementation.
E. Classification
				reviews, classification studies and/or classification re-evaluations may be
				requested by department management.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 3 - CLASSIFICATION › Section 10.12.3.9 - POSITION ASSIGNMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				human resource director shall ensure that each position in the department is
				assigned to the classification that best represents the duties assigned by the
				employer and performed by the employee.
B. When a filed position is assigned a
				classification with a lower pay band, in accordance with the provisions
				Subsection A. of 10.12.3.9 NMAC, the employee may elect to take a reduction in
				accordance with Subsection DD of 10.12.1.7 NMAC, or overfill the position in
				their current classification.
C. A
				position assignment decision may be appealed to the chief through the
				department's chain-of-command. Appeals to the chief must be in writing and
				include the employee's analysis of the reasons for the appeal as well as the
				human resource director's analysis for the reasons for reclassification of the
				position. The chief's decision is final and binding.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 3 - CLASSIFICATION › Section 10.12.3.10 - IMPLEMENTATION OF CLASSIFICATION STUDY RESULTS

Current through Register Vol. 35, No. 13, July 16, 2024
On a date determined by the human resource 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 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 4 - PAY › Section 10.12.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 31-15-2.4(B)(6) NMSA 1978 and Section
				  31-15-7
				  NMSA 1978; and
				  29
				  U.S.C. Sections 201 to
				  262.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 4 - PAY › Section 10.12.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 4 of Chapter 12 is to provide a uniform
				  system of pay administration for employees that is externally competitive and
				  internally equitable.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 4 - PAY › Section 10.12.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Alternative pay
				range" means the range of pay rates, from the minimum to the maximum for a
				classification based on the 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. "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.
E. "Contributor proficiency zones" means
				subdivisions of the pay range that designate the employee's contribution in
				their job role. These proficiency zones are characterized as associate,
				independent and principal zones.
F.
				"In pay range adjustment" means movement within a pay range for demonstrated
				performance, skill or competency development, and/ or internal alignment, which
				allows department management to provide salary growth within a pay
				range.
G. "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 classification who have
				comparable levels of training, education and experience, duties and
				responsibilities, performance, knowledge, skills, abilities, and competencies,
				and who are appropriately placed.
H. "Normal work schedule" means a schedule
				established by the department, defining a start and end time for the
				employee.
I."Pay plan" means a
				document developed by the human resource director and approved annually by the
				chief, that describes the chief's compensation philosophy and it is the
				foundation for ensuring consistent application of the philosophy
J."Total compensation" means all forms of
				cash compensation and the dollar value of the employer-sponsored
				benefit.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 4 - PAY › Section 10.12.4.8 - PAY PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The human
				resource director, pursuant to direction from the chief, shall establish,
				maintain and, administer a pay plan for all positions throughout the
				department, which shall include the pertinent factors that should be considered
				by managers for determining and justifying appropriate placement within a pay
				range.
B. The chief shall adopt a
				recognized method of job evaluation to uniformly and consistently establish the
				value of each level.
C. The human
				resource 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, and regional state government
				employers. The chief or human resource director may authorize or include
				additional comparison markets when deemed necessary and appropriate.
D. Prior to the end of each calendar year,
				the human resource director shall submit to the chief a compensation report
				that includes a summary of the status of the department pay system and the
				results of the annual compensation survey that includes total compensation. The
				chief shall review, adopt and submit this report to the public defender
				commission.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 4 - PAY › Section 10.12.4.9 - ASSIGNMENT OF PAY RANGES

Current through Register Vol. 35, No. 13, July 16, 2024
The human resource director shall appoint a job evaluation
				  committee composed of no less than three members including the human resource
				  director and the deputy chief for administration. The human resource 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 human resource director. The human resource director
				shall review the results and convert the total job evaluation points to the
				appropriate pay range. The human resource director shall submit the pay range
				assignment results to the chief for adoption.
B. A re-evaluation of a classification may be
				requested by management 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 human resource director or the
				chief.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 4 - PAY › Section 10.12.4.10 - ASSIGNMENT OF ALTERNATIVE PAY RANGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The human resource director may recommend
				to the chief the assignment of an alternative pay range(s):
(1) Alternative pay range(s) will be utilized
				to address compensation related to recruitment and retention issues.
(2) All jobs in an alternative pay range have
				the same range of pay: minimum, maximum and midpoint pay.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 4 - PAY › Section 10.12.4.11 - SALARY SCHEDULES

Current through Register Vol. 35, No. 13, July 16, 2024
A.Based
				on the pay plan, the human resource director shall develop and maintain salary
				schedules for the department that shall consist of pay ranges.
B. No employee in the department shall be
				paid a salary less than neither the minimum nor greater than the maximum of
				their designated pay range unless otherwise authorized by the human resource
				director or chief, or provided for in these rules, or the employee has been
				transferred into the department by statute or order of a court of competent
				jurisdiction.
C. The human resource
				director, pursuant to the direction of the chief, shall adjust the salary
				schedules to address the external competitiveness of the department and/or
				other concerns. Employees whose pay range 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 range upon implementation.
(1) The pay of
				employees who would be above the maximum of the pay range shall not be
				reduced.
(2) The pay of employees
				who fall below the minimum of their pay range shall be raised to the minimum
				unless the human resource director confirms that the agency does not have
				budget availability. In these instances, department shall raise the pay of
				employees to the minimum of their pay range within six months of the effective
				date of the salary schedule adjustment. The chief may grant an extension to the
				six month time period upon submission and approval of a plan to raise the pay
				of employees to the minimum of their pay range.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 4 - PAY › Section 10.12.4.12 - ADMINISTRATION OF THE SALARY SCHEDULES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Entrance salary:
Upon
				entrance to a department position, a newly-appointed employee's salary, subject
				to budget availability, should refect appropriate placement within the pay
				range. Any entrance salary in the principal contributor zone must receive
				approval from the human resource director prior to appointment.
B.
Legislative authorized salary
				increase:
(1)Subject to specifc
				statutory authorization for each state fiscal year, employees may be eligible
				for a salary increase within their assigned pay range.
(2)Employees with a salary at or above the
				maximum of the position's pay range shall not be eligible for an increase
				unless authorized by statute.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 4 - PAY › Section 10.12.4.13 - PAY DIFFERENTIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Temporary recruitment differential:
The chief may authorize, in writing, a pay differential of up to 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 department and has
				been demonstrated and documented to be a severe recruitment problem for the
				department.
(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.
(2) A temporary recruitment
				differential of more than 15% of an employee's base pay or a total salary (base
				pay plus differential amount) that exceeds the maximum of the pay range may be
				authorized if approved by the chief.