reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 5 - REDUCTION IN FORCE › Section 10.4.5.8 - LAYOFF PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. When
				a covered position cannot be continued due to the lack of work, lack of
				legislatively appropriated funds or other reasons that do not reflect discredit
				on the services of employees, the district attorney may order a reduction in
				personnel.
B. A district attorney
				may propose to divide their office into organizational units based on the needs
				of the office for purposes of layoff. Such organizational units may be
				recognized on the basis of geographic area, function or classification and may
				be different for different classifications.
C. The order of layoff due to reduction in
				force shall be based upon type of appointment, classification and length of
				uninterrupted service with the district attorney's office where
				employed.
D. Employees in that
				classification series to be affected by a layoff shall be given two (2) weeks
				written notice of such action.
E.
				For layoff purposes, employees in the various organizational units shall be
				laid off in the following order:
(1) temporary
				employees;
(2) probationary
				employees in term positions;
(3)
				probationary employees in permanent positions;
(4) covered employees in term positions;
				and
(5) covered employees in
				permanent positions.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 5 - REDUCTION IN FORCE › Section 10.4.5.9 - RECALL RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For a
				period of six (6) months following a layoff, affected employees shall be given
				priority for reinstatement to their former positions at the same pay or to a
				similar position for which they qualify at a lower, equivalent or higher rate
				of pay in the reverse order in which they were laid off (see Subsections C and
				E of 10.4.5.8 NMAC).
B. The
				district attorney shall advise the employee to be recalled by certified or
				registered United States mail. Laid off employees have the responsibility of
				keeping the district attorney informed as to their current mailing
				address.
C. Recall rights shall
				cease:
(1) six (6) months after the effective
				date of layoff;
(2) when an
				employee refuses to accept employment with the district attorney in a position
				for which they are qualified and for which the pay is the same or comparable to
				that of the position from which they were laid off;
(3) when an employee unconditionally accepts
				another position with the district attorney;
(4) when a former employee fails to respond
				to an offer of re-employment; or
(5) when a former employee who accepts
				re-employment after layoff fails to occupy the position within the allotted
				time.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to:
A. Section
				36-1-25
				NMSA 1978 which, among other things, authorizes the duly appointed director of
				the administrative office of the district attorneys to appoint necessary
				personnel and assign their duties within the administrative office of the
				district attorneys;
B. Section
				36-1-26 NMSA
				1978 which, among other things, requires the director of the administrative
				office of the district attorneys to develop uniform systems for use by district
				attorney offices with respect to personnel matters;
C. Section
				36-1A-2
				NMSA 1978 of the District Attorney Personnel and Compensation Act, Sections
				36-1A-1
				through
				36-1A-15
				NMSA 1978, which, among other things, created the District Attorney Personnel
				and Compensation Act to establish for all district attorneys a uniform,
				equitable and binding system of personnel administration;
D. Section
				36-1A-8
				NMSA 1978 which, among other things, requires the district attorneys to
				promulgate personnel rules, with the assistance of the director of the
				administrative office of the district attorneys as authorized by Subsection I
				of Section
				36-1-26 NMSA
				1978, which among other things requires the director of the administrative
				office of the district attorneys to perform such other duties in furtherance of
				the administration of the business of the district attorneys as directed by the
				elected or appointed district attorneys; and
E. Section 36-1A-8(B) (4) NMSA 1978 which
				requires the promulgation of district attorney personnel rules governing hours
				of work requirements and holiday, overtime and leave policies.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.8 - HOURS OF WORK

Current through Register Vol. 35, No. 13, July 16, 2024
A. The standard
				work week for full-time, covered employees shall be forty (40) hours. All
				full-time and part-time employees shall be required to be present on their
				assigned job for the total hours in the established work week, unless absent
				with authorization.
B. Required
				attendance at training courses shall be considered as hours worked.
C. When an employee is in official travel
				status under the law, time spent in travel beyond the normal work day shall be
				considered as hours worked.
D. The
				standard lunch period for all employees shall be one (1) hour each day and any
				deviations shall be approved by the district attorney.
E. All employees may be permitted one work
				break during the first half of their work day and one work break during the
				second half. No single work break shall exceed fifteen (15) minutes. Employees
				are not permitted to accumulate unused work breaks.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.9 - RECORD KEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				district attorney's office is required to keep an accurate record of all hours
				worked by each employee. A record of all authorized leaves of absence taken by
				employees, pursuant to these rules, shall be kept.
B. Falsification of any attendance or leave
				records shall be cause for dismissal of the employee or employees
				involved.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.10 - OVERTIME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Overtime is
				calculated in terms of a work week beginning on Saturday and ending on Friday
				which is a fixed and regularly recurring period of one hundred sixty-eight
				(168) hours of seven (7) consecutive twenty-four (24) hour periods. If an
				employee is required to work beyond forty (40) hours in a work week, overtime
				shall be compensated at time and a half. All overtime work must be authorized
				in advance by the district attorneys or their designees.
B. Failure of an employee to work scheduled
				overtime may result in disciplinary action against that employee.
C. Law enforcement personnel are subject to
				overtime after more than eighty-six (86) hours per pay period or fourteen
				consecutive days. However, public safety employees who work for public agencies
				with fewer than five (5) public safety employees engaged in law enforcement are
				totally exempt from overtime compensation. Therefore, law enforcement personnel
				in district attorneys' offices where this provision applies will not be paid
				overtime.
D. For purposes of
				overtime compensation, all leave, with the exception of state designated
				holidays, will not count as time worked.
E. Supervisors, subject to the approval of
				the district attorney, may grant employees compensatory time in lieu of
				overtime pay at the rate of one and one-half (1-1/2) hours off for every one
				(1) hour of overtime worked. This arrangement must be agreed upon by all
				parties before the overtime work is performed.
F. The employee must use any accumulated
				compensatory time within ninety (90) days after its accrual unless otherwise
				authorized by the district attorneys or their designees and agreed upon by all
				parties. Accrued compensatory leave time shall be taken at a mutually agreeable
				time.
G. Upon separation of
				employment, unused compensatory time shall be paid at the employee's average
				rate per hour over the last three (3) years of employment or their present
				salary, whichever is greater.
H. If
				an employee accrues more than two hundred forty (240) hours of compensatory
				time, they may receive cash compensation at the rate of time and one-half for
				any additional overtime worked.
I.
				Some positions, as determined by the personnel review board, may not be
				eligible for overtime compensation.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.11 - ANNUAL LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Annual leave
				shall be accrued by all eligible employees from the first day of employment.
				Eligible employees include all employees, except those in temporary positions.
				In the case of part-time employees, leave shall be accrued in proration to
				hours worked. For any service less than one (1) month, annual leave will be
				prorated.
B. All full-time
				employees who are eligible shall accrue annual leave as follows:
(1) if less than four (4) years of service,
				then the rate of annual accrual shall be four and sixty-two hundredths (4.62)
				hours per pay period, ten (10) hours per month, and one hundred twenty (12)
				hours per year;
(2) if four (4) or
				more but less than eight (8) years of service, then the rate of annual leave
				accrual shall be five and eight hundredths (5.08) hours per pay period, eleven
				(11) hours per month, or one hundred thirty-two (132) hours per year;
(3) if eight (8) or more but less than twelve
				(12) years of service, then the rate of annual leave accrual shall be five and
				fifty-four hundredths (5.54) hours per pay period, twelve (12) hours per month,
				or one hundred forty-four (144) hours per year;
(4) if twelve (12) or more but less than
				sixteen (16) years of service, then the rate of annual leave accrual shall be
				six (6) hours per pay period, thirteen (13) hours per month, or one hundred
				fifty-six (156) hours per year; and
(5) if sixteen (16) or more years of service,
				then the rate of annual leave accrual shall be six and forty-six hundredths
				(6.46) hours per pay period, fourteen (14) hours per month, or one hundred
				sixty-eight (168) hours per year.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.12 - SICK LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Sick leave
				shall be accrued by all eligible employees from the first day of employment.
				Eligible employees include all employees, except those in temporary positions.
				In the case of part-time employees, leave shall be accrued in proration to
				hours worked. For any service less than one month, sick leave will be
				prorated.
B. All full-time
				employees who are eligible shall accrue eight (8) hours of sick leave per month
				as follows:
(1) three and sixty-nine
				hundredths (3.69) hours per period;
(2) eight (8) hours per month; or
(3) ninety-six (96) hours per year.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.13 - WORKERS' COMPENSATION LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An employee who is entitled to workers'
				compensation shall be compensated and treated in accordance with the Workers'
				Compensation Act, Chapter 52, Article 1, NMSA 1978, as amended.
B. An employee who sustains a job-related
				disability and is temporarily unable to perform his/her regular duties shall,
				after the first seven days of disability, be eligible to receive workers'
				compensation benefits as provided by New Mexico law.
C. In order to preclude loss of pay during
				the first seven days, the employee may use sick leave, annual leave,
				compensatory time or any combination thereof. If there are no paid leave
				accruals, the employee shall be placed on leave without pay for the initial
				seven-day period plus the subsequent duration of disability.
D. The employee may elect to use accrued
				sick, compensatory or annual leave in an amount necessary to receive salary
				payment that will increase the workers' compensation payments to the total
				salary being received prior to the occurrence of the disability. In no case
				shall the employee's salary and workers' compensation benefits exceed the
				amount of the employee's regular salary payments.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.14 - FAMILY MEDICAL LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Eligible employees are entitled to leave in accordance with the Family and
				Medical Leave Act (FMLA) of 1993 (
				29 U.S.C.
				2601 et seq.). Eligible employees are those
				who have been employed in either the executive, judicial, or legislative
				branches of New Mexico state government or any local public body within New
				Mexico for at least one thousand two hundred fifty (1,250) hours during the
				consecutive twelve (12) month period immediately preceding the start of FMLA
				leave.
B. Eligible employees are
				entitled to a total of twelve (12) weeks of FMLA leave in a twelve (12) month
				period for the following reasons: birth of a child, placement of an adopted
				child, an employee's serious health condition or the serious health condition
				of a family member, as defined in the FMLA. The twelve (12) week period shall
				be calculated forward from the date an employee's first FMLA leave
				begins.
C. FMLA leave may be
				comprised of any combination of sick leave, annual leave, or leave without pay
				and must be requested and pre-approved at least thirty (30) days in advance,
				except in the case of emergencies.
D. No part of FMLA leave shall be considered
				a break in employment and shall not change an employee's anniversary
				date.
E. Employees shall not accrue
				sick or annual leave nor be paid for "observed" holidays while on unpaid FMLA
				leave. Employees may be paid for "observed" holidays and accrued annual and
				sick leave on a prorated basis based on whether FMLA leave is paid or
				unpaid.
F. The required FMLA
				notices shall be posted in all district attorneys' offices, and all offices are
				required to maintain employee FMLA leave records. All medical records and
				correspondence relating to employees or their families shall be considered
				confidential.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.15 - LEAVE WITHOUT PAY

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				employee may, upon request, be granted leave without pay for a period not
				exceeding twelve (12) months, provided the district attorney deems such leave
				to be justified and not detrimental to the operations of the office.
B. The district attorney may place an
				employee on involuntary leave without pay for up to twelve (12) months for the
				purpose of investigation of a violation of law or pending the disposition of
				criminal charges.
C. Employees do
				not accrue sick or annual leave or any benefits while on leave without
				pay.
D. Leave without pay may be
				granted only when the district attorney can assure a position of like status
				and pay at the same geographic location upon the return of the employee from
				leave without pay. However, if the district attorney cannot make such
				assurances, the employee may waive in writing those assurances and be granted
				the leave without pay.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.16 - ABSENCE WITHOUT LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Employees who fail to appear for work without authorized leave or who appear
				for work but are in violation of office policy governing their readiness for
				work shall be considered to be absent without leave.
B. Employees shall not be paid for any
				periods of absence without leave and shall not accrue sick or annual
				leave.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.17 - ADMINISTRATIVE LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The district
				attorney may authorize an employee administrative leave when it is in the best
				interest of the district attorney's office to do so.
B. An employee who has been duly appointed as
				a member of a public board or commission shall be entitled to administrative
				leave, with the consent of the district attorney, to attend meetings provided
				such attendance does not adversely affect the performance of the employee's
				required duties.
C. Employees who
				are registered and eligible voters may absent themselves from work for two
				hours for the purpose of voting between the time of the opening and the time of
				the closing of the polls. The district attorneys or their designees may specify
				the hours during which the voter (employee) may be absent. This leave is not
				available to employees whose work day begins more than two hours subsequent to
				the time of opening the polls or ends more than three hours prior to the time
				of closing the polls.
D. Employees
				shall be entitled to administrative leave when appearing in obedience to a
				subpoena. Fees received as a witness during normal working hours, excluding
				reimbursement for meals, travel and overtime, shall be remitted to the district
				attorney's office.
E. Employees
				shall be entitled to administrative leave for serving on a federal, state,
				grand or petit jury. Fees received as a juror during normal working hours,
				excluding reimbursement for meals, travel and overtime, shall be remitted to
				the district attorney's office.
F.
				In no case shall administrative leave be granted for court attendance when an
				employee is engaged in personal litigation or service as a paid expert witness.
				However, an employee may be granted annual leave in such cases with the
				approval of the district attorney.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.18 - EDUCATIONAL LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
Educational leave permits employees to pursue special
				  training related to their employment. A district attorney may grant an employee
				  educational leave with or without pay.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.19 - MILITARY LEAVE - ACTIVE DUTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. An employee who is ordered to active duty
				(not active duty training) and presents a copy of the official orders or
				appropriate military certificate to the district attorney shall be granted
				military leave with pay for the first fifteen (15) calendar days. After the
				paid military leave has been exhausted, the remainder of time they are on
				active duty must be taken as leave without pay, unless they elect to use their
				annual or compensatory leave.
B.
				Employees who enter active military duty are entitled to return to their former
				positions or to similar positions with the same pay provided they are still
				qualified to perform the duties of the position. Employees must notify the
				respective district attorney's office that they are eligible for re-employment
				within thirty (30) days of release from military service.
C. Upon re-employment, employees are entitled
				to be treated as though they never left for purposes of rights and benefits
				based upon length of service. The time spent in the military shall count for
				seniority, general pay increases and annual accrual rate purposes. Part-time
				employees shall receive prorated benefits.
D. Employees in the reserves and the national
				guard who are called to active duty shall first be granted any remaining
				military leave from the fiscal year normally used for training purposes and
				then be granted an additional fifteen (15) days of military leave, as
				authorized by the governor.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.20 - MILITARY LEAVE - ACTIVE DUTY: TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Members of organized reserve units or the
				national guard ordered to active duty training shall be given up to fifteen
				(15) working days of paid military leave per federal fiscal year. These fifteen
				(15) days are in addition to other authorized leave.
B. The governor may grant members of the
				national guard paid military leave for active duty training, in addition to
				that already given by law. Such additional leave must not exceed fifteen (15)
				working days per federal fiscal year.
C. Members of the state defense force shall
				be granted paid military leave to attend officially authorized training or
				instruction courses. Such leave applies only to full-time employees and must
				not exceed fifteen (15) working days per federal fiscal year.
D. Members of the civil air patrol shall be
				granted military leave not to exceed fifteen (15) working days per calendar
				year for search and rescue missions.
E. Employees who are members of a reserve
				component of the United States armed forces shall, upon request, be granted
				unpaid leave for the period required to perform active duty for training or
				inactive duty training in the United States armed forces according to the
				provisions of 38 U.S.C. Section 2024. The employee may choose to utilize their
				annual leave for this purpose.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.21 - PERSONAL LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees in
				full-time positions who have completed at least one year of service are
				entitled to one (1) personal leave day each calendar year. Employees in
				part-time positions who have completed at least one (1) year of service are
				entitled to a personal leave prorated to the hours worked.
B. The personal leave must be taken during
				eight (8) consecutive hours or, in the case of part-time employees, consecutive
				prorated hours.
C. The personal
				leave must be used within the calendar year that it was accrued, or it shall be
				forfeited.
D. Employees who do not
				take the personal leave shall not be paid for it upon separation from the
				service.
E. The personal leave may
				be used for any purpose the employee chooses. Such leave must be requested and
				approved in advance.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.22 - HOLIDAYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The district
				attorneys' offices shall observe the dates published by the New Mexico supreme
				court as legal public holidays.
B.
				Covered employees required to work on the day a holiday is observed shall be
				paid at two (2) times the usual hourly rate of pay for all hours actually
				worked on the holiday.
C. When a
				full-time employee's scheduled non-work day falls on a day observed as a
				holiday, the employee shall be entitled to one other day off.
D. Employees must not be in a leave without
				pay status the normal work day immediately before and work day immediately
				after the holiday in order to be paid for the holiday.
E. Holidays which occur during an employee's
				vacation or sick leave will be charged to holiday time and not vacation or sick
				leave.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.23 - UNAUTHORIZED LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
If an employee's request for leave of absence with or without
				  pay is disapproved and the employee takes unauthorized leave, the district
				  attorney may place the employee on leave without pay and after an unauthorized
				  leave of absence for three (3) consecutive workdays may consider the employee
				  to have abandoned the position and resigned from the office of the district
				  attorney. Employees who are deemed absent without leave shall not accrue annual
				  or sick leave.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.24 - DONATION OF ANNUAL LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Employees may donate annual leave to other employees in the same district
				attorney's office for a serious health condition or the serious health
				condition of a family member as defined in the FMLA, with the approval of the
				district attorney.
B. Each district
				attorney's office is required to maintain records of all donations which shall
				include but are not limited to the following information: name of donor; amount
				of annual leave donated; name of recipient; amount of annual leave used; a
				health care provider's description of the nature, severity and anticipated
				duration of the health condition provided by the employee or legally authorized
				representative; and any other pertinent information or documents requested by
				the district attorney.
C.
				Supporting documentation for the request to either donate or receive annual
				leave shall be kept confidential and not subject to public inspection without
				the written consent of the employee.
D. The method used for donation of annual
				leave shall be determined by the district attorney.
E. The recipient of donated annual leave may
				not use such leave until first exhausting all accrued annual leave, sick leave,
				compensatory time and personal leave.
F. The form "request for donation of annual
				leave" shall be used by employees requesting donated annual leave, and the form
				"annual leave donation disclosure," shall be used by employees donating annual
				leave. As authorized by the district attorneys as a group, the "request for
				donation of annual leave" forms and the "annual leave donation disclosure"
				forms are created by the administrative office of the district attorneys, and
				such forms are revised from time to time as authorized or ratified by the
				district attorneys as a group. Current copies of the forms are maintained by,
				and are available from, the administrative office of the district
				attorneys.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 7 - ATTENDANCE AND LEAVE › Section 10.4.7.25 - DISTRICT ATTORNEYS ANNUAL LEAVE DONATION FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. With regard to a request for donation of
				annual leave, a form entitled "request for donation of annual leave" shall be
				completed and submitted. The form may be created and revised from time to time
				by the administrative office of the district attorneys, subject to the approval
				or ratification by the district attorneys as a group. The current version of
				the form shall be maintained by, and is available upon request from, the
				administrative office of the district attorneys and may contain the following
				information:
(1) date submitted;
(2) name of the district attorney or their
				designee;
(3) name of the employee
				requesting the donation of annual leave;
(4) if the annual leave donation request is
				sought for the employee's needs, a description of the reason why the donation
				is sought;
(5) if the annual leave
				donation request is sought to address the needs of a family member, or another
				person (with a description of the relationship between the employee and the
				other person);
(a) a description of the
				reasons the family member's or other person's needs necessitate the employee to
				request an annual leave donation; and
(b) written documentary details from a health
				care provider about the nature, severity and duration of a serious health
				condition; and
(6) the
				signature of the employee or their authorized representative requesting the
				donation of annual leave.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 8 - EMPLOYEE PERFORMANCE EVALUATIONS › Section 10.4.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth the performance appraisal and
				  development of employees in the offices of the district attorneys and the
				  administrative office of the district attorneys.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 8 - EMPLOYEE PERFORMANCE EVALUATIONS › Section 10.4.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to:
A. Section
				36-1-25
				NMSA 1978 which, among other things, authorizes the duly appointed director of
				the administrative office of the district attorneys to appoint necessary
				personnel and assign their duties within the administrative office of the
				district attorneys;
B. Section
				36-1-26 NMSA
				1978 which, among other things, requires the director of the administrative
				office of the district attorneys to develop uniform systems for use by district
				attorney offices with respect to personnel matters;
C. Section
				36-1A-2
				NMSA 1978 of the District Attorney Personnel and Compensation Act, Sections
				36-1A-1
				through
				36-1A-15
				NMSA 1978, which, among other things, created the District Attorney Personnel
				and Compensation Act to establish for all district attorneys a uniform,
				equitable and binding system of personnel administration;
D. Section
				36-1A-8
				NMSA 1978 which, among other things, requires the district attorneys to
				promulgate personnel rules, with the assistance of the director of the
				administrative office of the district attorneys as authorized by Subsection I
				of Section
				36-1-26 NMSA
				1978, which among other things requires the director of the administrative
				office of the district attorneys to perform such other duties in furtherance of
				the administration of the business of the district attorneys as directed by the
				elected or appointed district attorneys; and
E. Section 36-1A-8(B) (5) NMSA 1978 which
				requires the promulgation of district attorney personnel rules governing the
				evaluation of performance of employees for the purpose of improving staff
				effectiveness.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 8 - EMPLOYEE PERFORMANCE EVALUATIONS › Section 10.4.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2010, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 8 - EMPLOYEE PERFORMANCE EVALUATIONS › Section 10.4.8.8 - PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of completing an employee performance appraisal
				  and development form may be in order to achieve any of the following:
A. to evaluate and assess an employee's
				performance, conduct, and ability in relation to the job requirements for their
				position;
B. to inform an employee
				of strong and weak points as well as training needs and expected
				improvements;
C. to compare an
				employee's performance to previously set goals;
D. to establish performance goals for the
				coming year and to determine the steps necessary to achieve them;
E. to make fair, equitable, and legally
				defensible compensation decisions;
F. to recognize an employee's potential for
				promotion;
G. to assist in
				determining the order of layoff and reinstatement; and
H. as a basis for taking disciplinary action
				against an employee.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 8 - EMPLOYEE PERFORMANCE EVALUATIONS › Section 10.4.8.9 - RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is the
				responsibility of an employee's immediate supervisor to rate each incumbent's
				performance at least once a year. This individual shall be referred to as the
				"rater".
B. It is the
				responsibility of upper level management to review all employee performance
				appraisal and development forms once they have been completed by the immediate
				supervisor. These individuals shall be referred to as the "reviewers". A
				reviewer is typically the rater's immediate supervisor.
C. It is incumbent upon all individuals
				designated as either a rater or a reviewer to attend training on the use of the
				district attorney employee performance and appraisal form within one year of
				being assigned to supervise an employee, or within one year of any changes to
				the existing employee performance appraisal and development form or
				process.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 8 - EMPLOYEE PERFORMANCE EVALUATIONS › Section 10.4.8.10 - PROCESS AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The district attorney employee performance appraisal and
				  development forms and an accompanying manual of detailed instructions are
				  created and revised from time to time by the administrative office of the
				  district attorneys, subject to the approval or ratification by the district
				  attorneys as a group. The current version of the employee performance appraisal
				  and development forms and an accompanying manual of detailed instructions shall
				  be maintained by the administrative office of the district attorneys.
A. The current version of the employee
				performance appraisal and development forms shall be maintained by, and are
				available upon request from, the administrative office of the district
				attorneys and may contain the following sections:
(1) a general information section;
(2) an overall performance appraisal
				section;
(3) an acknowledgments
				section;
(4) a job assignment
				activities and performance standards section;
(5) a performance indicators
				section;
(6) an appraisal results
				section; and
(7) an employee
				development plan.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 9 - DISCIPLINARY ACTIONS › Section 10.4.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth the rules for the establishment,
				  maintenance and administration of an equitable, disciplinary process which
				  shall be applicable to all positions in the offices of the district attorneys
				  and the administrative office of the district attorneys.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 9 - DISCIPLINARY ACTIONS › Section 10.4.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to:
A. Section
				36-1-25
				NMSA 1978 which, among other things, authorizes the duly appointed director of
				the administrative office of the district attorneys to appoint necessary
				personnel and assign their duties within the administrative office of the
				district attorneys;
B. Section
				36-1-26 NMSA
				1978 which, among other things, requires the director of the administrative
				office of the district attorneys to develop uniform systems for use by district
				attorney offices with respect to personnel matters;
C. Section
				36-1A-2
				NMSA 1978 of the District Attorney Personnel and Compensation Act, Sections
				36-1A-1
				through
				36-1A-15
				NMSA 1978, which, among other things, created the District Attorney Personnel
				and Compensation Act to establish for all district attorneys a uniform,
				equitable and binding system of personnel administration;
D. Section
				36-1A-8
				NMSA 1978 which, among other things, requires the district attorneys to
				promulgate personnel rules, with the assistance of the director of the
				administrative office of the district attorneys as authorized by Subsection I
				of Section
				36-1-26 NMSA
				1978, which among other things requires the director of the administrative
				office of the district attorneys to perform such other duties in furtherance of
				the administration of the business of the district attorneys as directed by the
				elected or appointed district attorneys; and
E. Section 36-1A-8(B) (8) NMSA 1978 which
				requires the promulgation of district attorney personnel rules governing a
				disciplinary procedure, which shall provide for an equitable response to
				infractions of rules or work performance standards.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 9 - DISCIPLINARY ACTIONS › Section 10.4.9.8 - JUST CAUSE FOR DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A covered employee may be suspended,
				demoted or dismissed only for just cause which is any behavior that is
				inconsistent with the employee's obligation to the agency, even though no
				previous disciplinary actions have been taken.
B. Just cause includes, but is not limited
				to: inefficiency; incompetence; misconduct; negligence; insubordination;
				continued unsatisfactory performance; unauthorized leave; failure to comply
				with any provisions of these rules or to meet a condition of employment as
				required by law; violation of the obligation of confidentiality imposed upon
				district attorney employees; falsifying official records or documents; or
				violation of a felony or misdemeanor when the provisions of the Criminal
				Offender Employment Act of NMSA 1978 apply.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 9 - DISCIPLINARY ACTIONS › Section 10.4.9.9 - TYPES OF DISCIPLINARY ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Formal disciplinary actions include
				dismissal, demotion, suspension or written reprimand.
B. Informal disciplinary actions include a
				written or verbal warning, or a written or verbal reprimand.
C. The written reprimand must be signed by
				the district attorney or the designee and the employee. The signature of the
				employee does not necessarily indicate concurrence with the written reprimand.
				Signature of the employee at least will indicate that they acknowledged receipt
				of the written reprimand.
D. An
				employee may submit a written response or rebuttal to his/her supervisor's
				written reprimand which shall be included in the employee's personnel
				file.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 9 - DISCIPLINARY ACTIONS › Section 10.4.9.10 - FORMAL DISCIPLINARY PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The dismissal, demotion or suspension of a
				covered employee shall be accomplished according to the following procedure.
(1) The employee will be served by the
				district attorney, or their designee, with a written notice of the proposed
				disciplinary action which shall:
(a) cite the
				specific action or acts allegedly constituting just cause;
(b) provide an explanation of the evidence
				that the district attorney or their designee has;
(c) specify what the proposed disciplinary
				action is; and
(d) state that the
				employee, or a representative of the employee's choosing, has five (5) working
				days from service of the notice to respond to the district attorney or their
				designee in writing to the notice or to request an opportunity to be
				heard.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 10 - APPEALS AND ADJUDICATION › Section 10.4.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule sets for the rules for the establishment,
				  maintenance and administration of an equitable appeals and adjudication process
				  which is applicable to covered positions in the offices of the district
				  attorneys and the administrative office of the district
				  attorneys.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 10 - APPEALS AND ADJUDICATION › Section 10.4.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Section
				36-1-25
				NMSA 1978 which, among other things, authorizes the duly appointed director of
				the administrative office of the district attorneys to appoint necessary
				personnel and assign their duties within the administrative office of the
				district attorneys;
B. Section
				36-1-26 NMSA
				1978 which, among other things, requires the director of the administrative
				office of the district attorneys to develop uniform systems for use by district
				attorney offices with respect to personnel matters;
C. Section
				36-1A-2
				NMSA 1978 of the District Attorney Personnel and Compensation Act, Sections
				36-1A-1
				through
				36-1A-15
				NMSA 1978, which, among other things, created the District Attorney Personnel
				and Compensation Act to establish for all district attorneys a uniform,
				equitable and binding system of personnel administration;
D. Section
				36-1A-8
				NMSA 1978 which, among other things, requires the district attorneys to
				promulgate personnel rules, with the assistance of the director of the
				administrative office of the district attorneys as authorized by Subsection I
				of Section
				36-1-26 NMSA
				1978, which among other things requires the director of the administrative
				office of the district attorneys to perform such other duties in furtherance of
				the administration of the business of the district attorneys as directed by the
				elected or appointed district attorneys; and
E. Section 36-1A-8(B) (9) NMSA 1978 which
				requires the promulgation of district attorney personnel rules governing an
				appeal process to review a disciplinary action solely involving suspension,
				demotion or termination.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 10 - APPEALS AND ADJUDICATION › Section 10.4.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2010, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 10 - APPEALS AND ADJUDICATION › Section 10.4.10.9 - ADJUDICATION PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
All adjudication procedures apply similarly to all presiding
				  hearing officers.
A. Consolidation or
				joinder of cases:
(1) The board or the state
				personnel office designated hearing officer may consolidate cases in which two
				or more appealing employees have cases containing identical or similar
				issues.
(2) The board or the state
				personnel office designated hearing officer may join the appeals of an
				appellant who has two or more appeals pending.
(3) The board or the state personnel office
				designated hearing officer may consolidate or join cases if it would expedite
				final resolution of the cases and would not adversely affect the interests of
				the parties.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 10 - APPEALS AND ADJUDICATION › Section 10.4.10.10 - PRE-HEARING CONFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. At
				the pre-hearing conference, the parties shall submit to the board or the state
				personnel office designated hearing officer a proposed pre-hearing order which
				shall contain at least:
(1) a statement of any
				contested facts and issues;
(2)
				stipulation of those matters not in dispute;
(3) identity of all witnesses to be called
				and a brief summary of their testimony;
(4) a list of exhibits;
(5) requests for subpoenas; and
(6) a tentative hearing date.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 10 - APPEALS AND ADJUDICATION › Section 10.4.10.11 - ADDITIONAL WITNESSES

Current through Register Vol. 35, No. 13, July 16, 2024
Witnesses who were not identified at the prehearing
				  conference must be identified to the opposing party and the board or the state
				  personnel office designated hearing officer at least three (3) working days
				  prior to the hearing. The board or the state personnel office designated
				  hearing officer may waive this rule for good cause.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 10 - APPEALS AND ADJUDICATION › Section 10.4.10.12 - SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board and
				the state personnel office designated hearing officer have the power to
				subpoena witnesses and compel the production of books, papers, and any other
				materials pertinent to any investigation or hearing.
B. Subpoenas must be hand
				delivered.
C. In order to compel
				attendance at a hearing, the subpoena shall be received by the witness at least
				seventy-two (72) hours prior to the time the witness is to appear. The board or
				the state personnel office designated hearing officer may waive this rule for
				good cause shown.
D. Employees
				under subpoena shall be granted administrative leave.