The formal grievance procedure is applicable for improper promotions,
suspensions, demotions or terminations.
The following matters are not eligible for the formal grievance
provision of this chapter:
A. Disputes as to whether or not an established County practice or policy
is good;
B. Matters in which a method of review is mandated by law;
C. Matters where the County is without authority to act or does not
have the ability to provide a remedy;
D. Termination of temporary, part-time or contract employees;
E. Preferences for transfers, temporary assignments, and removal from
temporary assignments, and layoffs;
F. Termination of a probationary employee prior to the expiration of
the probationary period;
G. Letters of complaint when the employee's supervisor determines
it is justified and appropriate to be placed in the employee's
personnel file;
H. Written reprimands in the employee's file;
I. Denial of outside employment;
J. Voluntary resignation (see §
58-4.4, Resignation);
K. Suspensions for three workdays or less.
The County Manager, an elected official, a Chief Deputy, Appointed
Officials, the Sheriff's Administrator, part-time employees,
contract employees, probationary employees, and temporary employees,
are not eligible for grievance procedures, nor are they entitled to
a grievance hearing.
The County Manager shall appoint the Hearing Officer and set
the date for the hearing. As soon as the date, time and location have
been selected, the County Manager shall notify the grievant by certified
mail, return receipt requested. Requests for continuances shall be
submitted to the County Manager. Under no circumstances will a formal
grievance hearing be granted more than two continuances.
Hearing officers may be attorneys, personnel professionals,
or have pertinent experience in the fields of management, education
or law. The County Manager may appoint an appeal panel composed of
three members of management as the appointed Hearing Officer and shall
designate a chairperson. The County Manager shall verify the qualifications
of the Hearing Officer/appeal panel. The Hearing Officer is not required
to reside in Otero County.
Within 30 days of the notification that the employee wants to
pursue a formal grievance hearing, the County Manager will schedule
a hearing. The parties must agree, in writing, to any postponement
of the hearing beyond 30 calendar days. At this hearing, the grievant
shall have an opportunity to present witnesses and physical evidence
and cross-examine the County's witnesses before the Hearing Officer.
The grievant and the County may be represented by legal counsel. If
the grievant chooses to be represented by legal counsel, the employee
must inform human resources in writing to allow the County time to
arrange for its general counsel to be present at the hearing. The
County reserves the right to have the general counsel present at any
and all hearings.
The County shall present a statement of issues involved in the
case, followed by the grievant. Opening statements are limited to
the pertinent issues of fact and law and shall not exceed 10 minutes
without the permission of the Hearing Officer.
Either party may appeal the Hearing Officer's decision
to the District Court on the whole record, within 30 days of the Hearing
Officer's decision pursuant to NMRA 1-074.