Doña Ana County, NM
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners of Doña Ana County 4-8-2008 by Ord. No. 235-08. Amendments noted where applicable.]
GENERAL REFERENCES
Board of County Commissioners — See Ch. 5.
Code of Conduct — See Ch. 14.
Purchasing policy — See Ch. 89.
Safety and loss control — See Ch. 102.
Travel, per-diem and mileage policies — See Ch. 111.
This chapter may be cited as the "Doña Ana County Human Resources Policies."
A. 
The purpose of this chapter is to establish a merit system for hiring, promotion, discharge and general regulation of County employees, elected officials, volunteers and other County agents. All rules and regulations drawn pursuant to this chapter shall be promulgated by resolution of the Board of County Commissioners except as otherwise provided.
B. 
Decisions affecting the employment relationship will be made based on merit principles designed to recruit, hire and advance employees on the bases of ability, knowledge and skill; provide equitable and adequate compensation; retain employees on the basis of performance and separate employees whose inadequate performance cannot be corrected; assure fair treatment and equal employment opportunity in all aspects of personnel administration without regard to political affiliation or protected class; and assure that employees are not coerced to support or oppose particular candidates or electoral issues.
C. 
Positions having similar duties and responsibilities will be classified and compensated on an equitable basis, consistent with any compensation plan adopted by the Board of County Commissioners. Seniority or experience may justify reasonable deviation in the level of compensation between two employees in the same pay range.
[Amended 9-27-2011 by Ord. No. 235-2011]
D. 
Consideration shall be given to the rights and interests of employees, consistent with the best interest of the public, the County as a body politic and corporate, and consistent with all state and federal laws relating to the employment relationship.
This chapter applies to all classified and unclassified County employees, whether or not subject to a collective bargaining agreement (CBA), to the extent that this chapter does not conflict with the CBA; elected officials; volunteers and other County agents. To the extent that this chapter does conflict with the CBA, the CBA will govern. The rights afforded by this chapter to unclassified employees, volunteers, and other County agents are more limited in scope than those afforded to classified employees, which will be expressly set forth in the Human Resources Policies authorized by this chapter.[1]
[1]
Editor's Note: The Human Resources Policies are available in the offices of the Human Resources Department.
It is the express intent of the Board of County Commissioners that the provisions outlined herein and the Human Resource Policies to be adopted pursuant to the authority granted herein will be binding on the operations of the Human Resources Department and other County departments relating to hiring, promotion, discharge, and general human resources management.
A. 
The County is an equal opportunity employer. Discrimination by any employee is expressly prohibited. If such discriminatory acts occur, the person committing these acts is subject to dismissal from County employment or other appropriate disciplinary action.
B. 
It is declared unlawful:
(1) 
For any employee to give preference to, or to discriminate against, any person because of political affiliation, race, religion, age, national origin, color, sex, disability or any other legally protected status, unless based upon a bona fide occupational qualification.
(2) 
For any employee or applicant to be appointed, promoted, removed, or in any way favored or discriminated against because of race, sex, color, national origin, disability, age, political or religious affiliations or any other legally protected status.
(3) 
For any employee to harass any employee, especially when such conduct has the effect of interfering with an individual's work performance or has the effect of creating a hostile or offensive work environment. No employee shall make such conduct a condition of employment or use refusal to participate in such conduct a basis for employment decisions.
A. 
Under the supervision of the County Manager, the Human Resources Director will administer the Doña Ana County Merit System set forth in this chapter, consistent with the Human Resources Policies to be adopted in accordance herewith, and in accordance with all future approved directives and administrative instructions.
B. 
The Human Resources Director will ensure that employment decisions, including, but not limited to, recruitment, selection, promotion, reassignment, corrective action, compensation and other conditions or privileges of employment, are based on the individual's ability to perform the essential functions of the job.
C. 
The Human Resources Director, under the supervision of the County Manager, will continue to establish programs to develop, implement, and maintain procedures for the conditions of employment, evaluation of work performance, employee conduct, leave usage, and other aspects of human resources management for County employees, in compliance with applicable laws and policies.
D. 
The Human Resources Director, under the supervision of the County Manager, will continue to establish programs to develop, implement, and maintain the County's compensation plan, including a salary schedule reflecting the pay ranges for each job classification and other pay policies.
A. 
All paid positions in the County service are divided into classified and unclassified categories, except those held by elected officials, volunteers, including members of boards, commissions, committees, etc., appointed by County Commissioners or County staff, which are not included in either category.
B. 
Classified positions.
(1) 
A classified position is a regular, approved position. Employees in classified positions are covered by the Human Resources Policies and can be separated from the County only through the processes outlined in the Human Resources Policies after the employee has completed his/her initial probationary period.
(2) 
The classified service is comprised of all County employees except those who are specifically placed in the unclassified category by the terms of this chapter. The classified service also includes the Assistant County Manager and department directors for whom the County Manager is authorized to negotiate individual contracts specifying conditions of employment, excluding termination of employment which shall be governed by the Human Resources Policies adopted pursuant to this chapter.
C. 
Unclassified positions.
(1) 
Unclassified positions are comprised of the following:
[Amended 9-27-2011 by Ord. No. 235-2011]
(a) 
The County Manager, chief deputies of elected officials, and the Undersheriff and the Executive Secretary to the Sheriff.
(b) 
The Executive Secretary to the Sheriff, probationary, and other temporary employees as defined in the Human Resources Policies adopted pursuant to this chapter.
(2) 
Employees in unclassified positions are in an "at-will" status and serve at the pleasure of the County. These employees are not covered by the employment, discipline, and grievance provisions of Human Resources Policies but are governed by the other provisions.
D. 
The specific terms and conditions of a classified or unclassified employee's employment are governed first by this chapter, and then by either the express terms of the Human Resources Policies adopted pursuant to this chapter, or by the terms of any employment contract. In the event of a conflict between an employment contract and the Human Resources Policies, the terms of the employment contract shall prevail.
A. 
The Human Resources Director, with approval from the County Manager and the Board of County Commissioners by resolution, shall establish, maintain, and publish Human Resources Policies to facilitate implementation and maintenance of, and compliance with, the policies expressed within this chapter. The Human Resources Policies will be reviewed periodically and may be modified or discontinued at any time by the Board of County Commissioners by resolution. The Human Resources Policies shall not constitute a contract of employment.
[Amended 9-27-2011 by Ord. No. 235-2011]
B. 
The procedures authorized to be implemented include, but are not limited to, the classification of all County positions based on the duties, authority and responsibilities of each position; provisions for reclassification, assignment, transfer, and layoff of any person whenever warranted by changed circumstances; methods for determining the qualifications of candidates for appointment or promotion; policies and procedures regulating corrective action, up to and including termination, of employees; the hours of work and attendance; regulations and provisions for benefits; policies regarding training and other programs; and other practices and procedures, including interpretation of applicable provisions of the policies necessary to administer same.
C. 
Elected officials and department directors are authorized to promulgate operational policies and procedures specific to their department functions, subject to the review and approval by the County Manager, and provided such policies and procedures do not conflict with the terms of this chapter or the Human Resources Policies.
[1]
Editor's Note: The Human Resources Policies are available in the offices of the Human Resources Department.
A. 
The compensation plan shall consist of wages; salaries, and all other benefits of value to an employee that result in a cost to the County.
B. 
The Human Resources Director, with approval from the County Manager and the Board of County Commissioners by resolution, will establish, maintain, and publish a compensation plan. The compensation plan shall group all positions into classes, based on duty, responsibility, authority, and other qualifications required for satisfactory performance. Experience, education, licenses, certifications, skills, and other specifications shall be established for each class.
C. 
The compensation plan will include a salary schedule consisting of pay grade ranges containing a minimum and maximum salary or grade and step range for each job, and factors for determining the appropriate rate of pay for each.
D. 
The compensation plan may provide for periodic cost-of-living adjustments, merit increases, longevity, and other benefits that the Board of County Commissioners deems appropriate.
E. 
The compensation plan, including the salary schedule, is subject to the availability of funds and the financial condition of the County.
A. 
The County Manager is the Chief Executive Officer of County government and is authorized to run County operations pursuant to policy established by the Board of County Commissioners.
B. 
The County Manager is charged with:
(1) 
The exclusive authority to employ and discharge all County employees pursuant to this chapter and the Human Resources Policies adopted pursuant to this chapter.
(2) 
Recommending revisions to the personnel policies.
(3) 
Recommending the organizational structure and salary plan for the work force.
(4) 
Appointing a designee or designees to act on his behalf in carrying out these responsibilities.
(5) 
Formulating and implementing personnel rules, regulations and directives to carry out the intent of this chapter as long as said rules, regulations and directives are not in conflict with any personnel rules enacted by the Board of County Commissioners.
(6) 
Exercising discretion to review an individual's salary and compare it with other incumbents in comparable positions and salary grades, and to adjust a salary in the interest of parity or equity.
(7) 
Exercising discretion to offer an applicant a salary in excess of a salary grade, or in excess of an advertised amount, in order to ensure employment of a qualified candidate or acknowledge special credentials in excess of requirements.
(8) 
Exercising discretion to transfer or reassign any employee within the organization to permit the best use of skills, experience, and education for the benefit of the organization.
Any employee who violates or attempts to violate this chapter, the Human Resources Policies, or the compensation plan adopted pursuant hereto, shall be subject to disciplinary action, up to and including termination, depending upon the severity of the infraction.[1]
[1]
Editor's Note: Former Section 12, Prohibition of political activity, which immediately followed this section, was repealed 6-9-2009.
No employee shall engage in any business or transaction or accept private employment or other public employment which is functionally or physically incompatible with the proper discharge of the employee's job responsibilities. All employees, volunteers, and other County agents shall comply with applicable state statutes prohibiting financial conflicts and requiring disclosure, as well as comply with other applicable ethical standards set forth in the Human Resources Policies.
Doña Ana County employees, elected officials, volunteers, and other County agents may have access to confidential information in the course of their duties. This information may relate to Doña Ana County personnel matters, internal investigations, restricted computerized data, attorney work papers or other legally privileged information, and/or contract or financial negotiations. Unauthorized disclosure of confidential information could be very detrimental to the individuals involved and/or Doña Ana County. Unless required by the job, at no time should an employee, elected official, volunteer, or other County agent disclose confidential information or remove it from the County's premises. The negligent or intentional disclosure of confidential information is grounds for discipline, up to and including termination, depending upon the severity of the infraction.
A. 
It is the County's policy to provide its employees and certain volunteers the opportunity to present work-related complaints through dispute resolution or grievance procedures, and to appeal management decisions. The Human Resources Policies may provide distinct methods designed to resolve complaints and disputes in a prompt and efficient manner.
B. 
All actions taken at any stage of the grievance or complaint resolution processes shall be characterized by frankness, courtesy, and respect for the dignity of each individual involved without retaliation for having brought the issue to the attention of management.
C. 
The Human Resources Department shall provide training and support to supervisors and department directors/elected officials regarding processing of employee grievances and complaints.
It is unlawful for any person to authorize or impliedly consent to a strike or slow down by one or more employees of the County of Doña Ana. It is unlawful for any employee of the County of Doña Ana to strike, or to cause, instigate, encourage, support, or participate in a strike, slow down, or sick out. A violation of this section shall constitute just cause for termination.
The use of the singular masculine pronoun used in this chapter and in the Human Resources Policies authorized therein shall refer also to the feminine gender, and shall include the singular and plural, and the context of this chapter and the Human Resources Policies shall be read accordingly. The paragraph headings of this chapter and procedural guidelines are inserted only for reference and in no way define, limit, or describe the scope or intent of the section, nor affect its terms and provisions.