All employment status changes (change in category of employment, pay changes, transfers, promotions, demotions, separations, etc.) shall be documented in writing on an employment status change form, pursuant to section
3.69.020, “Procedure for employment status changes”, of this title.
(Ordinance 18-01 adopted 2018)
The town encourages the professional growth of its employees
and rewards the initiative, creativity, effort, commitment, and diligence
of its employees through the promotional process. Town employees are
encouraged to take advantage of promotional opportunities and apply
for higher paying positions for which they qualify. An employee’s
eligibility for promotion will be determined by the requirements of
the vacant position and their education, work performance, work behavior/conduct,
skills, knowledge, and ability to meet those requirements.
A. When
an employee is selected to fill a vacancy at a higher pay grade, the
employee will normally be paid at the entry level of the new position.
B. When an employee is selected for promotion, the employee shall sign a letter of appointment acknowledging their understanding of the terms and conditions of the employment appointment with the town, pursuant to section
3.69.040, “Acknowledgment of conditions of employment”, of this title, and also read and sign the job description of the position. Failure to obtain such an acknowledgment shall not alter the terms and conditions of the employee’s appointment.
(Ordinance 18-01 adopted 2018)
A. General
transfer.
An employee may be moved from one position
to another of the same pay grade and salary range, without a change
in current salary, either voluntarily or involuntarily. An employee
may be transferred if it is in the best interest of the town. Involuntary
transfers cannot be disputed or grieved. An employee may be transferred
from one position to another position in the same classification and
pay grade within a department or office. Intradepartmental transfers
may be made with the recommendation of the department director and
the signature approval of the town manager. If such a transfer involves
a probationary employee, time served in the former employment status
shall be credited toward achievement of classified status and accumulated
personal leave shall be retained.
B. Medical
transfer.
An employee who has been certified by a licensed
physician as being physically unable to perform the duties of the
employee’s current position may be transferred to a position
in which the physician certifies the employee is able to work, if
one is available that the employee is qualified to perform. Employees
shall meet with a member of the human resources department to engage
in an interactive communication process about the need for any work
accommodations. Transfers require the signature approval of the town
manager.
(Ordinance 18-01 adopted 2018)
An employee may be demoted to a vacant position for which the
employee is qualified when the employee would otherwise be terminated
because the employee’s position is being abolished and there
are no appropriate vacancies at the same level, or when the employee’s
job is being reclassified, or when the employee does not have the
ability to perform satisfactorily in their current position in the
estimation of the town, or when the employee voluntarily requests
a demotion.
A. Demoted
employees will normally receive a reduction in pay to the entry level
of the new pay grade.
B. When an employee is approved for demotion, the employee shall sign a letter of appointment acknowledging their understanding of the terms and conditions of the demotion employment status with the town, pursuant to section
3.69.040, “Acknowledgment of conditions of employment”, of this title, and also read and sign the job description of the position. Failure of the employee to sign or the town to obtain such an acknowledgment shall not alter the terms and conditions of the employee’s appointment.
(Ordinance 18-01 adopted 2018)
At the time of separation from employment with the town, all
keys, phones, pagers, ID cards, passwords, computers, vehicles, equipment,
assets, records or other items of town property or access to town
property and records in the employee’s custody or known to the
employee shall be made known to and provided/returned to the department
director or designee and documented on an exit clearance checklist
for submission to the human resources department. An employee’s
access to town equipment, computers, websites and property shall terminate
completely (with the exception of all access granted to any member
of the public) immediately upon termination.
A. Benefit/exit
interview.
A benefit/exit interview with the human resources
department will be scheduled with the separating employee prior to
their last day, when possible. A benefit/exit interview is conducted
to apprise the employee of their options for the continuation of any
benefits available upon separation, as well as to determine the employee’s
input as to how to improve the employment process.
B. Financial
reconciliation.
When an employee separates they will
be required to clear all financial obligations involving their employment
with the town prior to receiving their final paycheck.
C. Types
of separation.
1. Resignation.
An employee who voluntarily resigns their position with the
town is required to give written notice of their intent to resign
two (2) weeks in advance of their final work day. Failure to provide
a written two (2) week notice of resignation may be grounds for refusal
of future employment with the town and may affect employment references.
a. The
original letter or written notice of resignation shall be forwarded
to the human resources department within two (2) days of notification
to the department director and must be accompanied by an employment
status change form; or
b. If
the employee gives a verbal resignation, the department director shall
ensure that an employment status change form with explanation of the
verbal resignation documented on the form is forwarded to the human
resources department within two (2) days of the notification.
c. The
town manager and/or the department director may waive the two (2)
week work requirement, if documented in writing on the employment
status change form.
d. An
employee may rescind his or her resignation within three (3) work
days of submitting their resignation; the town will honor the rescission
of resignation if it is submitted within the prescribed time limit.
e. If
an employee gives a verbal resignation, the supervisor/department
director shall advise the employee of the town requirement for a written
notice of resignation.
2. Constructive
resignation.
An employee will be considered to have voluntarily
resigned if the employee is absent from work for three (3) consecutive
work days without authorization/notification or a satisfactory reason
for such absence.
3. Dismissal.
The employee’s department director may recommend dismissal
of a classified employee to the town manager for reasons which shall
include, but are not limited to: continued unsatisfactory performance
after being given the opportunity to correct, violence or threatened
violence in the workplace, theft, fraud, the possession or use of
alcohol/drugs, illegal activity, gross misconduct, a criminal conviction,
loss of license or other condition that makes it impossible for the
employee to carry out the duties of their job title or that adversely
impacts the town, unacceptable conduct on the job, or insubordination,
engaging in an unsafe practice that places the employee, other employees,
or public or private property at-risk. The decision to dismiss a classified
employee shall be made by the town manager after due process, pursuant
to the termination and disciplinary processes of the town, as outlined
within the town personnel policy and the current collective bargaining
agreement (CBA) in force at the time of the violation, as applicable
to the employee and violation.
While the preference of the town shall be to utilize progressive
discipline in order to afford an employee reasonable opportunity to
improve on the job, the town recognizes that some infractions that
are illegal, immoral, unethical, of a violent, potentially violent,
prejudicial or unsafe nature or that may prove so disruptive to the
workplace, other employees, the organization or the public or so offensive
or dangerous that they require immediate removal from the workplace
environment may result in immediate suspension, suspension or administrative
leave pending investigation, or permanent dismissal.
4. Reduction
in workforce (layoff and recall provisions).
Occasionally,
despite the best efforts of the town, certain economic or funding
circumstances may result in the unanticipated need to reduce the town
workforce in order to address reduced revenues, loss or reduction
in grants, reorganization, reductions in or the elimination of municipal
services, or other budgetary, policy and organizational conditions
impacting organizational staffing. If such reductions occur, the following
procedures are required to be followed in order to provide a minimalized
and orderly impact to town employees:
a. Notice.
Employees will be given written notice of any
layoff specifying the reasons and the expected duration of the layoff.
b. Order.
If it becomes necessary for the town to reduce
the number of town employees because of a lack of funds or a lack
of work, such reductions will normally occur in the following manner:
(1) Temporary and probationary employees will normally be laid off before
full or part-time classified employees. The town manager may determine
on a department-by-department basis that a position cannot be filled
by a classified employee and a temporary or probationary employee
must be retained to meet specific job or town requirements.
(2) Layoff of classified employees shall be recommended by the department
director and approved by the town manager. Length of town service
will normally be the determining factor in a layoff. However, an employee’s
suitability for jobs remaining, ability to perform available work,
and past job performance may also be considered.
(3) Employees to be laid off may be notified at any time during a pay
period and shall be allowed to work through the end of that regular
pay period or receive pay to the end of that period.
(4) Accrued personal leave shall be paid on the next regularly scheduled
payday.
c. Seniority.
Employees will retain seniority in any position
or classification previously held, provided the employee is capable
of performing the work.
d. Recall.
Employees laid off or demoted, due to a reduction
in force, will normally be called back to work in their seniority
order within classification according to the following procedures:
(1) All employees laid off by the town due to lack of work, lack of funds
or a reduction in work force are eligible for rehire for up to six
(6) months. The town will advise the employee of their recall by certified
or registered United States mail with delivery confirmation. A copy
of such recall notice will be furnished to the local union president.
(2) No new employees within the affected job and title and classifications
will be hired by the town during the six (6) month recall period until
eligible laid off employees have been given the opportunity to return
to fill reopened positions.
(3) An employee, upon receiving notice of recall, shall within ten (10)
working days of delivery confirmation notify the town manager in writing
of their intent to return to work. A recalled employee must report
to work not later than fourteen (14) calendar days from the date of
delivery confirmation, unless there are extenuating circumstances
approved by the town manager. An employee who fails to respond to
the recall within ten (10) working days will forfeit any and all recall
rights.
(4) Laid-off employees have the responsibility of keeping the town informed
as to their correct mailing address. Failure to do so on the part
of the employee shall result in the forfeiture of any and all recall
rights. Laid-off employees will be kept on an active list for recall
for minimum of nine (9) months.
(5) A full-time or part-time classified employee who returns to his or
her previous position will not have to serve a new probationary period.
5. Retirement.
Employees who are contemplating retirement should contact the
New Mexico Public Employees Retirement Association (PERA) to certify
their eligibility for retirement benefits and obtain an estimate of
benefits. The employee’s supervisor/department director and
the human resources coordinator should also be notified of the employee’s
intent to retire with an estimated date of retirement in order to
assist in the process and facilitate a smooth transition. Employees
who file notice with the town and PERA for retirement are not eligible
for unemployment compensation.
6. Death.
In the event of an employee’s death, notification to the
town by a family member, confirmation by a law enforcement agency,
publication of a notice of death in a newspaper of record, receipt
of a copy of a certificate of death or mortuary notice or other reasonable
record affirming the death of an employee shall serve to self-terminate
employment. The last day of work recorded by the employee shall serve
as the termination date for purposes of determining the last date
of employment. The deceased employee’s estate, as determined
by the records on file with the town HR department as stated by the
employee during their employment, shall serve as the party entitled
to any and all the benefits to which the employee would have been
entitled had he/she resigned from town service in good standing.
(Ordinance 18-01 adopted 2018)