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)