The purpose of this chapter is to establish consistent, basic
policies and practices concerning relations between Otero County and
its employees. This chapter further establishes the formal grievance
procedure available to regular employees to hear their grievances
with respect to improper promotions, demotions, terminations and suspensions,
and provide the method by which a personnel Hearing Officer is chosen
to hear formal grievances. Provisions of this chapter shall apply
to all County employees except as provided herein. Independent contractors
are not subject to the provisions of this chapter.
Definite rules and regulations cannot be readily formulated
for every possible problem and situation. This chapter serves as a
general basis and guide for the proper, efficient, and effective administration
of personnel matters of the employees of Otero County. The personnel
rules contained herein replace and supersede all previously issued
personnel rules and regulations applicable to employees of Otero County,
including, but not limited to, the Otero County Personnel Policy Ordinance,
adopted April 2010 and all amendments and revisions related thereto.
There shall be no resolution or other action of the Board of
County Commissioners or other County officials, which is inconsistent
with this chapter except by amendment of this chapter as required
by law. The Board of County Commissioners reserves the right to amend
this chapter at its discretion.
The Human Resources Department shall provide a copy of this
chapter to present employees and to all new employees with instructions
to read and be familiar with all provisions of this chapter. Employees
shall sign for a copy and acknowledge that they have read and understand
this chapter.
Otero County provides equal employment opportunities (EEO) to
all employees and applicants for employment without regard to race,
color, religion, gender, national origin, age, disability, marital
status, or status as a covered veteran in accordance with applicable
federal, state and local laws. Otero County complies with applicable
state and local laws governing nondiscrimination in employment in
every location in which the company has facilities. This policy applies
to all terms and conditions of employment, including, but not limited
to, hiring, placement, promotion, termination, layoff, recall, and
transfer, leaves of absence, compensation, and training.
The County Manager or his designee, in consultation with the
elected office, which is affected, shall administer and interpret
the personnel system and the terms of this chapter and its amendments,
and all future approved operating procedures. The County Manager or
elected officials may recommend to the Board of Otero County Commissioners
any necessary amendments or revisions to this chapter.
All department heads and elected officials shall adhere to the
provisions of this chapter.
In order to maintain open communication between Otero County
and its employees and to ensure that employees' concerns are
addressed quickly and efficiently, the county will utilize the chain
of command concept. It is required that an employee discuss concerns
first with their immediate supervisor. If the concern cannot be handled
at this level, the employee may request a meeting in writing with
the next level supervisor, up to the elected official or department
head of his/her department. If it becomes necessary to pursue the
issue beyond the department head, supervisor, or elected official,
the next appropriate step will be a meeting with the highest ranking
Human Resources officer, or County Manager.
It is the intent of the governing body that the sections, paragraphs,
sentences, clauses and phrases of the Otero County Personnel Ordinance
are severable, and if any phrase, clause, sentence, paragraph or section
of the Otero County Personnel Ordinance shall be determined to be
invalid for any reason, such invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of
the Otero County Personnel Policy Ordinance.
No phrase, clause, sentence, paragraph or section of this chapter
shall be construed to create a contractual right or give rise to any
contractual rights.
Otero County is required to maintain the privacy and security
of Protected Health Information (HIPAA). HIPAA regulations will be
followed in administrative activities undertaken by staff when it
involves PHI in any of the following circumstances: health information
privacy, health information security and health information electronic
transmission. Documents containing PHI shall not be removed from county
offices. Otero County will consider any breaches in the privacy and
confidentiality of PHI to be serious and any violation of this policy
will result in disciplinary action, up to and including termination
of employment.
Otero County shall provide reasonable accommodations as defined
in Title I of the ADA to qualified employees with a disability as
defined by the Americans with Disabilities Act (ADA) to perform the
essential job functions and/or to enjoy equal benefits and privileges
of employment. Human Resources shall serve as Otero County's
ADA Coordinator in matters of reasonable accommodation. If an employee
believes an accommodation(s) is necessary in order to perform his/her
essential job functions or to enjoy equal benefits and privileges
of employment, it is the employee's responsibility to submit
a written request to Human Resources indicating the employee's
condition and how the employee believes it affects his/her ability
to perform their job duties. The request should state the accommodation(s)
the employee is requesting and any alternatives. The employee must
submit medical documentation to support the request for an accommodation.
Human Resources will forward the written request to the County Manager
and elected official along with an opinion of the reasonableness and
availability of the requested accommodation(s). The County Manager,
after consulting with the elected official, will make the final determination
as to whether or not the accommodation and/or any alternative accommodation
will be granted.
It is the intent of the governing body that the County Manager
is hereby empowered and authorized by delegation of the power and
authority of the Board of County Commissioners to enact standard operating
procedures governing a broad spectrum of topics and issues which are
necessary to efficiently and effectively perform the functions and
services provided by Otero County. For individuals wanting to review
these Standard Operating Procedures, please contact the Otero County
Human Resources Department.
The Otero County Sheriff, Otero County Correctional Services
Director are hereby empowered and authorized by delegation of the
power and authority of the Board of County Commissioners to enact
standard operating procedures governing a broad spectrum of topics
and issues which are necessary to efficiently and effectively perform
the functions and services provided by their respective departments.
The governing body recognizes the existence of one or more collective
bargaining units in Otero County. The provisions of those collective
bargaining agreements govern the relationship between the County and
the employees represented by the applicable unit, and those agreements
shall be deemed to be controlling except where the applicable agreement
adopts one or more provisions of this chapter by reference.
Employees shall follow all standards, rules, procedures, and
policies that are normally expected in the workplace.
