The town will develop and maintain a classification plan and employment categories for all town positions. The town will have a job description for each position in the classification plan. Job descriptions shall include a position title, the specific designation of exempt or non-exempt under the Fair Labor Standards Act (FLSA), pay grades, essential tasks, duties, responsibilities and minimum qualifications. The job descriptions will also specify knowledge, skills, abilities, education, experience, physical requirements, and working conditions required of applicants and meet all state and federal legal requirements. These employment classifications do not guarantee employment for any specified period of time.
(Ordinance 18-01 adopted 2018)
All employment status changes (change in category of employment, such as, from part-time to full-time status, from probationary to classified status, pay changes, etc.) shall be documented in writing on an employment status change form filled out by the department director who will forward it to the finance director and town manager for approval signatures. The town manager will forward the approved employment status change form to the human resources department for processing and transmittal to the finance department for implementation on the designated effective pay period.
(Ordinance 18-01 adopted 2018)
A. 
The successful completion of a probationary period of one year is required of all newly hired employees (full-time or part-time). The purpose of the probationary period is to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of work performance and to determine whether the new position meets their expectations. The town uses this period to evaluate the employee’s skills, knowledge, ability, work habits/behavior, and overall performance. A probationary employee accrues personal leave and is entitled to specific full-time or part-time benefits and serves at the convenience and will of the town and is subject to termination of employment at any time, and cannot grieve or dispute employment decisions.
B. 
If the probationary employee successfully completes the probationary period, the department director will recommend with an employment status change form that the employee become a classified employee (full-time or part-time), pursuant to section 3.69.020, “Procedure for employment status changes”, of this chapter.
C. 
A break in employment of at least one work day or more, without written town approval in advance, will require an unclassified/probationary employee to serve another probationary period upon rehire, with the exception of those employees returned to work under return from reduction in force, re-employment of job-related injured, or ill former employees provisions of the personnel policy.
D. 
Any approved full-time continuous leave, except for military leave, taken during the probationary period which exceeds thirty (30) calendar days shall extend the probationary period by the same number of days of leave that leave exceeds the initial thirty (30) calendar days.
(Ordinance 18-01 adopted 2018)
All employees upon hire or change in employment status shall sign a letter of appointment acknowledging their understanding of the terms and conditions of the employment appointment with the town and shall also read and sign the job description for the position. These documents shall become part of the employee’s personnel file. Failure by the employee to provide such an acknowledgment may be grounds for dismissal. Failure by the employee to provide or by the town to obtain such an acknowledgment shall not alter the terms and conditions of the employee’s appointment.
(Ordinance 18-01 adopted 2018)
A. 
Appointed official.
The town manager, who is nominated by the mayor and whose nomination is confirmed or reconfirmed at the organizational meeting. Any person holding an appointed office at the time of the municipal election shall continue in that office until his successor has been appointed.
B. 
Department director.
A classified, non-appointed, exempt employee who is exempt under the Fair Labor Standards Act (FLSA) and is designated with responsibility for operation and management of a designated department of the town government.
C. 
Unclassified employees.
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.
D. 
Full-time classified employee.
A full-time employee who has successfully completed the probationary period and works at 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.
E. 
Part-time classified employee.
A part-time employee is one who has successfully completed the probationary period and who works more than nineteen (19) hours 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 forty (40) hour scheduled workweek or thirty-eight (38) hours or fewer in an eighty (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.
F. 
Probationary employee.
A probationary employee is a full-time or part-time employee who has not yet successfully completed the mandatory one year probationary period, pursuant to section 3.69.030 of this chapter. A probationary employee accumulates leave and benefits as any other employee, according to their part-time, full-time or other assigned status.
G. 
Temporary employee.
1. 
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.
2. 
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 I, “Emergency appointment”, of this section.
3. 
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.
H. 
Acting status employee.
1. 
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 opening 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.
2. 
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.
3. 
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 acknowledgment of the employee, pursuant to section 3.69.040, “Acknowledgment of conditions of employment”, of this chapter.
I. 
Emergency appointment.
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, per subsection H of this section, 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 section 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 section, subject to the maximum time limitations of subsection H, “Acting status employee”, of this section, 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.
(Ordinance 18-01 adopted 2018)