The provisions of this title are meant to define the duties
of the mayor, the town council and the town manager relative to the
appointment, nomination, confirmation, hiring and discharging of employees
and the supervision and management of the personnel system of the
town.
This title does not apply to members of boards and commissions,
contractors, including persons engaged under contract to supply professional
or technical services, and volunteer personnel appointed or designated
by the mayor or council.
Notwithstanding title 1, chapter 1.12 of this code, there shall
be no penalty for violation of this title.
(Ordinance 18-01 adopted 2018)
A. Purpose.
1. The
town personnel policy provides a uniform merit-based system of personnel
administration and management and is intended to provide information
governing the policies and practices for working conditions, workplace
expectations, and employee benefits affecting employment with the
town.
2. The
provisions of this personnel policy become effective upon the effective
date of this title.
3. For
employees within the applicable bargaining unit, this personnel policy
is subject to the town collective bargaining agreement (CBA) with
the American Federation of State, County, and Municipal Employees,
Council 18, Town of Taos Public Employees Local (513), and any mutually
adopted amendments thereto.
B. Chain
of command.
1. The
mayor is the chief executive officer (CEO) of the town as a municipal
corporation organized under the laws of the State of New Mexico. As
such, the mayor has the responsibilities established in New Mexico
Statutes Annotated 1978, sections 3-11-4, 3-11-5, and 3-11-6, and
is thereby charged by law with the supervision, operation and daily
management of the town, through the town manager. The town manager
is under the direct supervision of the mayor and shall directly supervise
employees of the town and be responsible for the effective management
of the administrative affairs of the town. Any employee with issues
or concerns regarding their employment with the town shall first attempt
to resolve those issues at the lowest level of supervision before
addressing their concerns with their department supervisor, superintendent
and/or director.
2. Under
the general supervision of the mayor, the town manager shall supervise
all aspects of the merit-based personnel system and terms of the town
personnel policy, including but not limited to the authority to hire
and fire. The human resources director shall assist the town manager
in the implementation of these functions as they relate to the daily
personnel operations of the town and shall cause to be performed the
administrative and technical personnel activities of the town in order
to ensure legal and statutory compliance by the town with the provisions
of this personnel policy, any negotiated and binding collective bargaining
agreement (CBA), and the personnel and labor related laws of the State
of New Mexico, the United States and applicable funding sources or
contracts the town enters into agreement with.
3. All
employees will adhere to and comply with the policies and procedures
herein established for all personnel matters.
4. Municipal
court employees, consistent with state law, serve at the will of the
town’s municipal court judge and are hired, supervised, disciplined
and terminated from employment solely at the municipal judge’s
discretion, subject only to state and federal laws. Municipal court
employees shall receive the same terms of compensation and benefits,
including travel allowances under the per diem and mileage act, as
are provided all town full-time classified employees, and as may be
provided for by town adopted law, ordinance, or town policy.
C. Amendment
of policy.
Definite rules and regulations cannot be readily
formulated for every possible problem, circumstance or situation.
Therefore, the need may arise and the town reserves the right to revise,
supplement, or rescind any policies or portion of the town personnel
policy from time to time as it deems appropriate, by approval of the
town council and upon written notification of all affected employees.
D. Equal
employment opportunity (EEO) policy.
The town is an equal
opportunity employer and does not practice nor tolerate unlawful discrimination,
whether on the basis of race, color, national origin, religion, age,
sex, ancestry, physical or mental handicap, serious medical condition,
sexual orientation, spousal affiliation, or gender identity in the
consideration of an individual for employment, duration of employment,
compensation, terms, conditions, or privileges of employment.
The town will make reasonable accommodations for qualified individuals
with known disabilities when those disabilities are disclosed by the
employee, unless doing so would result in an undue hardship to the
extent required by law. This policy governs all aspects of employment,
including but not limited to recruitment, selection, job assignment,
compensation, discipline, termination, and access to benefits and
training.
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It is the responsibility of the employee to disclose any physical
or other disabilities or status as a protected class at the time of
employment that the employee or prospective employee believes may
need reasonable accommodation in order to perform the expected functions
of the prospective position, or at the time the employee becomes aware
of the disability or protected status in order that the town make
such reasonable accommodations.
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Any employee with concerns or issues about any type of discrimination
and/or retaliation in the workplace shall bring these issues to the
attention of their immediate supervisor/department director and/or
the human resources department as soon as they occur so that they
may be appropriately investigated, documented and corrected. By the
provisions of this adopted personnel policy and any other applicable
provisions of federal and state law, employees of the town are guaranteed
that they can raise concerns and make reports without fear of reprisal.
Anyone found to be engaging in any type of unlawful discrimination
or reprisal against an employee for reporting discrimination prohibited
under this policy will be subject to disciplinary action by the town,
up to and including termination of employment.
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E. Saving
clause/severability.
A determination by a court of competent
jurisdiction that any provision of the town personnel policy is unconstitutional
or invalid shall not adversely affect the constitutionality, validity
or enforceability of the remaining provisions.
(Ordinance 18-01 adopted 2018)
The principles of the merit system of personnel administration
are as follows:
A. Recruiting
and selecting employees will be on the basis of their ability, knowledge
and skills including consideration of qualified applicants for initial
employment;
B. Reclassification
of employees will be based on their job performance as measured by
their ability, knowledge and skills;
C. A compensation
plan will be provided subject to the establishment of a budget for
the compensation plan by the town council;
D. Employees
will be considered for promotional openings based on their history
of job performance, experience, meeting qualifications for the position,
including relevant licensing, certifications, training, education
and other applicable credentials toward meeting the job specifications,
a demonstrated track record of initiative, creativity, leadership
and commitment toward their department and town goals;
E. The
continued employment of town employees shall be based on reasonable
standards of job performance and personal and professional conduct.
Failure or refusal to meet these standards shall constitute just cause
for disciplinary action including oral or written reprimand, suspension,
demotions and dismissal. Disciplinary action is not primarily intended
to be punitive, but rather to maintain the efficiency and integrity
of town service;
F. Employees
and applicants will be assured fair treatment in all aspects of personnel
administration in accordance with federal and state laws. Employees
will be protected against coercion for political purposes and will
be prohibited from using their official authority for the purpose
of interfering with or affecting the results of an election or a nomination
for office.
(Ordinance 18-01 adopted 2018)
The town manager may issue such regulations as are necessary
to implement the provisions of the personnel policy or of this title.
(Ordinance 18-01 adopted 2018)
Copies of the personnel policy, the rules and regulations and
all amendments thereto shall be issued to all employees. Directors
shall maintain a copy in their respective departments. New employees
shall be given a copy of the personnel policy and the rules and regulations
at the time of their orientation and whenever the personnel policy
is updated. Additionally, employees shall have access to the most
recently adopted town personnel policy during regular office hours
in the human resources department and on-line through the (S) Shared
Drive and the employee tab of the town website. Each employee shall
be required to sign a form acknowledging they have received a copy
of the personnel policy and that they both understand and will comply
with all the provisions herein.
(Ordinance 18-01 adopted 2018)
A. Pursuant
to New Mexico Statutes Annotated 1978, section 3-11-6 (1965), and
subject to the approval of a majority of the members of the governing
body, the mayor shall appoint all officers and employees except those
holding elective office, those subject to the merit system described
in this title, and those subject to the provisions of any collective
bargaining agreement (CBA).
B. The
town manager, under the general supervision of the mayor, shall be
delegated the responsibility to supervise and administer the merit
personnel system of the town and applicable collective bargaining
agreement (CBA), and may sub-delegate any or all of the responsibilities
to the human resources director.
C. Any
appointed official or employee appointed by the mayor who is discharged
shall, upon request, be given by the mayor in writing, a list of reasons
for his discharge, and be paid any compensation which the employee
has accrued.
D. All
employees are subject to a layoff or reduction in force adopted by
the governing body.
(Ordinance 18-01 adopted 2018)
A. The
town shall establish upon hire and maintain throughout employment
and retain as required by law a personnel file record of each employee’s
employment history in accordance with operational necessity and applicable
state and federal law requirements. Personnel files are the property
of the town and access to the information they contain is restricted.
Employees shall have access to their own file upon written request
and should contact the human resources (HR) department with reasonable
notice to review their file in the presence of an HR department employee.
Employees who review their personnel file will be required to sign
a request form and list any documents they request copies of for their
records. No original records may be removed from the file. No personnel
files may be removed from the HR offices. Employees may submit written
rebuttal to any material placed in their employment history. Employment-related
confidential records shall be available for inspection by others only
when the employee provides a signed authorization for the release
of those records, specifying that individual or entity.
B. Employment
records, except confidential records, are subject to inspection by
the general public. Confidential records may be inspected with the
written permission of the employee or pursuant to a lawful court order.
C. For
the purpose of inspection of public records under state or federal
law, the following material shall be regarded as confidential and
exempted from public inspection: records and documentation pertaining
to physical or mental illness, injury or examinations, personal leave
and medical treatment of persons; records and documentation maintained
for purposes of the Americans With Disabilities Act (42 USC section
12010 et seq.); letters of reference concerning employment, licensing,
or permits; records and documentation containing matters of opinion;
documents concerning infractions and disciplinary actions; performance
appraisals; opinions as to whether a person should be re-employed;
college transcripts; military discharge; information on the race,
color, religion, sex, national origin, political affiliation, age,
and disability of employees; home address and personal telephone number
unless related to public business; social security number; laboratory
reports or test results and as otherwise provided by state or federal
law.
D. It is
the responsibility of each employee to promptly notify the town human
resources department of any changes in personal data. Personal mailing
addresses, telephone numbers, names and numbers of dependents/beneficiaries,
persons to be contacted in the event of an emergency, educational
certifications and other such information should be accurate and current
at all times. If any personal data has changed, the employee is required
to notify the human resources department within fourteen (14) days
or sooner.
(Ordinance 18-01 adopted 2018)