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Otero County, NM
 
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As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE LEAVE WITH PAY
Leave granted with pay at the County Manager or elected official's discretion.
ADMINISTRATIVE LEAVE WITHOUT PAY
Leave without pay granted/imposed at the County Manager or elected official's discretion.
ANNIVERSARY DATE
A day 12 months from an employee's date of hire.
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.
CONTRACT EMPLOYEES (COMMISSION OR ELECTED OFFICIAL)
Refer to § 58-3.7.
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.