As used in this title and as used in the personnel policy:
A non-competitive appointment of an employee to temporarily
assume the duties and responsibilities of a vacant position within
the town for a period of time not to exceed six (6) months pending
selection of a qualified person to fill the vacancy. The appointment
shall be by written recommendation of the responsible department director
and approval of the town manager or, in the absence of a town manager,
the mayor. The town manager shall appoint acting department director
positions until filled and the mayor shall appoint an acting town
manager or town attorney until filled. The acting status appointment
may be extended up to three (3) additional months pending selection
of a qualified person to fill the vacancy by written recommendation
and concurrence of the department director, town manager or mayor,
as consistent with process for the initial acting appointment.
If an acting incumbent is not selected to fill the vacancy in
which he/she was acting, the incumbent shall revert to the grade/step
and pay held prior to such appointment.
A classified employee placed in an “acting status” for a supervisor/management position shall retain their classified status, but may be removed from the unclassified position at any time at the discretion of the town and reverted to the prior classified position and pay, retaining all prior seniority. A letter of appointment outlining the terms and conditions of the “acting status” will be developed for the signed acknowledgement of the employee, pursuant to section 3.69.040, “Acknowledgment of conditions of employment”, of this title.
Paid leave approved at the discretion of the town manager.
Administrative leave allows the employee to be away from work without
losing any work related benefits.
The action of a majority of the entire council, meaning not
less than three (3) votes, in approving a nomination by the mayor
for an appointed official.
The action taken to assign a position to an appropriate classification.
The date of appointment or reemployment and is changed as
of the date of promotion, demotion, reduction, or change to a different
classification in the same pay band.
See definition of personal leave.
A written, formal complaint by an employee based on an alleged
impropriety in the administration of discipline.
An individual who has filed an application and desires to
be considered for appointment to a position in the town service.
Pursuant to New Mexico Statutes Annotated 1978, section 3-11-6(A),
an appointed official is the town manager appointed by the mayor and
approved by the majority of all members of the governing body. Any
person holding an appointed office at the time of the municipal election
shall continue in that office until his successor has been appointed
and is qualified.
The action for employment in which an employee is appointed
to fill a position.
Anything that furthers a person’s financial interest
or from which a person hopes to gain in any way.
A qualification reasonably related to the satisfactory performance
of the duties of a job, and for which there is a factual basis for
believing that a person of the excluded group would be unable to perform
satisfactorily the duties of the job with safety or efficiency.
Occurs when an employee is on scheduled time off (excluding
lunch breaks) and is unexpectedly notified to return to work. The
order to return to work is due to an unexpected event beyond control
of management and normally results in an increase to the scheduled
number of employees on duty. It is not one employee replacing another
scheduled employee.
Motive or reason for discipline of a regular employee determined
by the standards of job performance and maintenance of the public
interest.
Referral by the human resources department to an appointing
authority the names of candidates on a list of eligibility for the
purpose of making an appointment to any position.
The town manager.
The mayor.
A job that is occupationally and quantifiably distinct.
A document which describes the town’s employment structure
for classified employees and is the foundation for ensuring consistent
application of the philosophy.
Research and analysis based on comparative duties, responsibilities
and qualifications by which appropriate classifications are determined.
A job which requires a regularly assigned combination of
duties to be performed by an employee in the town and is a position
other than as a temporary, term, or an appointed official.
A series of salary grades. Each position is assigned to a
grade, based upon the evaluation of the position.
Hours granted to employees covered by the Fair Labor Standards
Act in lieu of overtime, on the basis of one and one-half (1-1/2)
hours’ compensatory time for each hour of overtime.
Work related communication that is not intended to be disclosed
to other persons, other than those with a certified need to know.
An employee who devotes a majority of his or her time to
assisting and acting in a confidential capacity with respect to a
person who formulates, determines or effectuates management policies
in the field of labor relations.
Information which by law or practice is not available to
the public.
Oral or written warnings or written reprimands.
The assignment of an employee from one class to another which
has a lower maximum rate of pay (also called downgrade and reclassification).
The administrative grouping of divisions, [and] sections,
as specified by the current town organizational chart as adopted by
the governing body.
Appointed by the town manager as the town official designated
with responsibility for operation and management of a department of
the town government.
A condition or function judged to be significantly impaired
relative to the usual standard of an individual or group. The term
is used to refer to individual functioning, including physical impairment,
sensory impairment, cognitive impairment, intellectual impairment,
mental illness, and various types of chronic disease.
Anyone who has a medically documented physical or mental
impairment which substantially limits one or more major life activities
or has a record such as impairment or is regarded as having such an
impairment. “Life activities” are those that affect employability;
“substantially limits” means that a person is likely to
have difficulty getting, keeping, or advancing in a job because of
an impairment.
The involuntary termination of an employee for disciplinary
reasons.
Action taken by management with regard to any employee, including
reprimand (oral or written), suspension, demotion or dismissal.
The involuntary termination of an employee’s employment
with the town.
An expression of dissatisfaction and a request for a review
by an employee of a possible violation of town personnel rules and
regulations.
Employees’ requirements appropriate for the workplace
as determined by administrative regulation.
The right granted to a full-time or part-time classified
employee, who has completed the introductory period, to pre-and post-disciplinary
hearings, for actions of suspension, demotion or dismissal.
The employment and appointment of an apparently qualified
applicant or employee may be made to ensure continuity of municipal
services and administration when emergency or unforeseen conditions
exist. The employment or appointment shall be made by written recommendation
of the department director and authorization of the town manager or
by written directive of the town manager for department director positions
or, in the absence of a town manager, the mayor. The selected employee
shall serve in an acting status, except that emergency appointments
shall not exceed ninety (90) calendar days in any twelve (12) month
period. Positions filled under the emergency appointments provisions
of this definition by a person who is already a full-time non-probationary
employee may be converted to acting status at the completion of the
ninety (90) day limitation on appointment under this definition, subject
to the maximum time limitations of subsection 3.69.050.H, “Acting
status employee”, of this title, less the initial ninety (90)
day emergency appointment. Emergency appointments that do not meet
the definition of a non-probationary town employee may not be converted
to acting status without competing for the position.
The federal law which sets minimum wage, overtime pay, equal
pay, recordkeeping, and child labor standards for employees who are
covered by the act.
The act enacted by Congress effective August 5, 1993, and
requires covered employers to provide eligible employees up to twelve
(12) weeks of unpaid leave in a twelve (12) month period to care for
a newborn or newly placed adopted or foster child, to care for a seriously
ill child, spouse or parent; or because of the employee’s own
illness. Changes to the act include provisions for service members
and their families.
Any property ownership, management, professional or private
interest from which the employee (or family or household member) receives
a financial benefit.
An employment benefit (such as a pension, a paid holiday,
or health insurance) granted or offered by the town that involves
a monetary cost without affecting basic wage rates granted.
A full-time employee is one who has successfully completed
the probationary period and works forty (40) hours in each town designated
workweek (7-day period) or at least eighty (80) hours in each 14-day
work period. Full-time employees are required to participate in the
Public Employees Retirement Association of New Mexico (PERA) retirement
plan and are eligible for full benefits, including personal leave
and medical coverage.
A written formal complaint by an employee alleging a violation
of a town rule or regulation.
Also referred to as “relatives” are any persons
who are related by blood or marriage to include spouse, domestic partner,
parent, mother-in-law, father-in-law, stepparent, children, domestic
partner children, son-in-law, daughter-in-law, stepchild, brother,
stepbrother, brother-in-law, sister, stepsister, sister-in-law, grandparent,
grandchild, uncle, aunt, nephew, niece, great-grandchild, great-grandparent
and cousins.
An employee is insubordinate when refusing to carry out a
reasonable and legitimate work-related order. It is not insubordination
to refuse to carry out an illegal act, or an “unethical”
act under a professional code of conduct.
The definition of responsibilities an employee is to perform
in an appointed position. The description shall include the position
title, classification, supervision, process and nature of position,
description of task performed, description of tools, machines and
work aids used, qualifications, physical requirements and general
working conditions.
The process of analysis by which an established position
is reviewed to determine whether the duties and responsibilities of
that position merit a change in class designation.
A budgeted position for which funds are allocated but which
is not occupied.
The separation of an employee which occurs when a regular
authorized budgeted position has been abolished because of material
changes in duties, reorganization, shortage of work, shortage of funds
or other reasons in the best interest of the town as determined by
the town manager.
An authorized paid absence from regularly scheduled work
hours for reasons specified in the personnel rules. Leave with pay
must be approved by the town manager.
A temporary non-pay status and absence from duty that, in
most cases, is granted at the employee’s request. This may include
family medical leave, unauthorized leave or leave of absence. Leave
without pay must be approved by the town manager.
The human resources director’s office.
An office or post of authority in the municipal government
for which one has been hired.
Is as provided for in New Mexico Statutes Annotated 1978,
section 3-8-33.H.
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The newly elected officials of the governing
body who have taken office, the elected officials of the governing
body whose terms have not expired and the elected officials of the
governing body whose successors have not taken office shall meet not
earlier than the sixth day after the election or later than the twenty-first
day after the election for an organizational meeting. Such a meeting
may be a special meeting or a regular meeting of the governing body.
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See also New Mexico Statutes Annotated 1978 section 3-11-5.A.
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Mayor; appointment of officers after election
- At the organizational meeting of the governing body, which shall
be scheduled pursuant to NMSA 1978 section 3-8-33 of the Municipal
Election Code, the mayor shall submit, for confirmation by the governing
body, the names of persons who shall fill the appointive offices of
the municipality and the names of persons who shall be employed by
the municipality. If the governing body fails to confirm any person
as an appointive official or employee of the municipality, the mayor
shall, at a subsequent meeting, submit the name of another qualified
person to fill the appointed office.
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A part-time employee is one who has successfully completed
the probationary period and who works more than nineteen (19) hours
in a workweek, but less than forty (40) hours in each town designated
workweek (7-day period). Part-time employees are required to participate
in the Public Employees Retirement Association of New Mexico (PERA)
retirement plan and are subject to partial fringe benefits. Part-time
employees who regularly work nineteen (19) hours or less in a 40-hour
scheduled workweek or thirty-eight (38) hours or fewer in an 80-hour
pay period may file for an exclusion from PERA membership. The exclusion
form must be filed with PERA within thirty (30) calendar days of an
employee’s hire, job change or change to part-time, temporary
or student employee position.
A periodic assessment of an employee’s work, based
on quantifiable goals for performance completed by the employee’s
supervisor.
A benefit earned, with pay, granted to a classified or qualified
unclassified employee after accrual at a specific rate to be used
by an employee with approval from management.
A probationary employee is a full-time or part-time employee
who has not yet successfully completed the mandatory one-year probationary
period. A probationary employee accumulates leave and benefits as
any other employee, according to their part-time, full-time or other
assigned status.
A period of twelve (12) months for regular status employees
beginning on the date of appointment during which time the employee
performance is monitored and evaluated by supervisor to determine
the ability of the employee to perform the functions of the job satisfactorily.
The promotion, demotion or lateral change in job assignment
or position.
The process of soliciting applications from the general public
and current employees for vacant positions.
The process employed by the town for verification of both
the education and employment history information provided by an external
job applicant.
Appointment of an employee to a regular budgeted authorized
position to continue for an indefinite period in accordance with the
personnel rules.
An action taken by an employer against an employee for actions
taken by the employee which the employer viewed as harmful to the
organization.
The money received by an appointed official or department
director upon discharge other than for cause.
An involuntary leave of absence without pay for disciplinary
reasons for a period not to exceed thirty (30) calendar days.
A temporary employee is any employee hired by the town on either
a full-time or part-time basis to fill a position that has been established
to meet a need for a specific period of time, such as, seasonal work
or on specific short-term projects, sometimes grant-funded. Temporary
employment will normally be for a period of not more than six (6)
months and may be extended up to three (3) additional months, for
a total period of time not to exceed nine (9) months by recommendation
of department director and approval of the town manager. A temporary
employee’s employment status is at-will, subject to the needs
of the town, and subject to termination at any time with or without
cause and without right of appeal or hearing at any time. Temporary
employees do not receive town benefits, do not accrue personal leave
and may not grieve or dispute employment decisions. The town manager
may authorize the hire of a temporary employee on an emergency basis
without competition, pursuant to and consistent with the provisions
of subsection 3.69.050.I, “Emergency appointment”, of
this title.
At the successful completion of their temporary assignment and
upon the request of the department director and approval of the town
manager, HR and finance departments, a temporary employee may apply
for or be converted to a classified position, should a permanent opening
exist, and shall be credited with time of service towards completion
of the probationary period at the time of the conversion from temporary
status to classified status, if the title and responsibilities are
similar in nature, or with the concurrence of the above managers.
An employee hired for a specific period of time to perform
a specific service whose terms and conditions of employment are determined
by contract between the employee and the town.
Unclassified employees are exempt under the Fair Labor Standards
Act (FLSA) and are terminable-at-will. Unclassified positions will
be filled only after the positions have been properly advertised,
applications screened, and qualified applicants interviewed.
A term often used in discrimination laws as to why employers
are unable to make reasonable accommodation for members of protected
classes. An undue hardship is defined under the Americans With Disabilities
Act as an action requiring significant difficulty or expense.
A benefit plan provision that a participant will, after meeting
certain requirements, retain a right to the benefits he or she has
accrued (or some portion of them) and that the money will not be forfeited
for any reason.
(Ordinance 18-01 adopted 2018)
