As used in this chapter, the following terms shall have the
meanings indicated:
ANNUAL LEAVE
Leave with pay granted to an employee, after accrual at a
specific rate, with approval of the employee's supervisor.
APPEAL
Written request that a decision of a formal grievance be
reconsidered at a further stage in the grievance procedure.
APPLICANT
A person who has made formal application on an official county
personnel application form for an advertised position within Otero
County.
APPOINTED EMPLOYEE
Appointed employees are exempt employees, serve at the will
and pleasure of the County Manager and/or elected officials. Appointed
employees are not entitled to grievance procedures.
CHIEF DEPUTY
Chief Deputies are appointed/exempt employees and serve at
the will and pleasure of an elected official, Chief Deputies are not
entitled to grievance procedures, holiday, or overtime pay.
COUNTY BUSINESS
The performance of duties of a County employee at an employee's
normal workstation or at a location authorized by the County.
DEMOTION
A demotion is any downward movement whether voluntary or
involuntary.
DEPARTMENT HEAD
Employee who has the responsibility of supervising and administrating
a department of county government as determined and designated by
the County Manager.
DISCIPLINARY PROBATION
A probationary period for a minimum of 30 days that any employee
may be placed on for disciplinary reasons during which time the employee
is terminable-at-will.
DUE PROCESS
The right granted to a regular classified employee to pre-
and post-disciplinary hearings for actions of suspension, demotion
or termination.
ELECTED OFFICIAL
An individual elected by popular vote to fill vacancies in
elective office, e.g., County Commissioner, County Clerk, County Treasurer,
County Sheriff, County Assessor, and Probate Judge.
EMPLOYMENT-AT-WILL
Term used to describe employment that can be terminated at
any time, by either party, without cause; e.g., probationary, temporary,
contract, part-time and chief deputy. Employment-at-will employees
are not entitled to the grievance proceedings.
EXEMPT EMPLOYEES
All executive, administrative and professional employees
who meet parameters defined in the Department of Labor regulations
relating to the Fair Labor Standards Act, and whose compensation is
based on a minimum fixed salary.
GRANT-FUNDED EMPLOYEE
A contract employee hired to fill a full or part-time position,
which exists only upon receipt of grant funds. This position is employment-at-will.
The grant-funded employee is not entitled to the grievance proceedings.
Benefits, wages, and all other conditions of employment shall be in
accordance with the contractual agreement with the County.
GRIEVANCE
A formal complaint by an employee concerning actions taken
by management, which result in loss of pay to the employee.
GRIEVANCE HEARING
A formal hearing conducted at the request of an employee
who is grieving a termination, demotion or suspension, as set forth
in this personnel policy.
HEARING OFFICER
The individual who is charged with the responsibility of
hearing and deciding allegations of improper promotion, post-disciplinary
action matters of demotion, suspension and termination.
IMMEDIATE FAMILY
Spouses, children, parents, siblings, grandparents, grandchildren,
aunts, uncles, first cousins, former spouses and unrelated persons
sharing a spousal or a familial relationship, similar in-laws, and
step-relationships are also immediate family.
LAYOFF
The involuntary separation of an employee from County service
without fault on the part of the employee, due to the abolition of
a position, reorganization, lack of work, or lack of funds.
MEDICAL DISABILITY TERMINATION
The termination of an employee from County employment when
the employee is unable to perform the essential functions of the position,
due to a medical condition, and when the employee has corroborating
documentation of this condition from a licensed physician.
NONEXEMPT EMPLOYEES
All employees who are not exempt employees as defined in
Department of Labor regulations relating to the Fair Labor Standards
Act.
PART-TIME EMPLOYEE
An unclassified employee paid by the hour who may be called
on short notice and/or on an occasional basis. Part-time employee
may also be one who works less than 20 hours a week. A part-time employee
is paid only for hours worked and does not receive any employment
benefits. A part-time employee does not have the right to grieve employment
decisions.
PREDISCIPLINARY HEARING
A hearing conducted by the elected official or County Manager
or their designee before the imposition of the disciplinary actions
of suspension, demotion or termination.
PROBATIONARY EMPLOYEE
A full-time employee hired to fill a regular classified position that has not yet completed the six-month probationary period of employment or an employee who has been placed on probation for disciplinary reasons during which time the employee is terminable-at-will. (See Article
III for additional restrictions.)
PROMOTION
A promotion is any upward movement on the Otero County Wage
and Compensation Scale.
REGULAR CLASSIFIED EMPLOYEE
A full-time employee who has successfully completed probation
with a work schedule of at least 40 hours per week.
RETIREMENT
The withdrawal of an employee from the county work force
upon meeting the Public Employees Retirement Association eligibility
conditions for normal or disability retirement.
SICK LEAVE
Leave with pay granted to employees, after accrual at a specific
rate, when individual or immediate family illness, quarantine, and/or
physician appointments keeps the employee from performing the duties
of the position.
SUSPENSION
A forced leave of absence, with or without pay, for disciplinary
reasons, or pending investigation of allegations made against an employee,
or for pending determination of the grievance procedure.
TEMPORARY POSITION
A position of an employee to temporarily fill a position
that is vacant due to the absence of an employee or for some other
requirement. Temporary employment will not exceed a six-month period.
All temporary employees are terminable-at-will and do not accrue leave.
Temporary employee working more than 40 hours in a week is entitled
to overtime pay but not entitled to employee benefits. Temporary employees
are not entitled to the grievance proceedings.
TERMINATION
An action which terminates an individual's employment with
the County.
TRANSFER
The voluntary or involuntary movement of an employee within
a department and/or from one department to another within the County.
UNCLASSIFIED EMPLOYEES
An employee serving under employment-at-will whom can be
terminated at any time without cause; e.g., probationary, temporary,
contract, part-time and chief deputy. Unclassified employees are not
entitled to the grievance proceedings.