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)