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.
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.
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.
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)