[HISTORY: Adopted by the Board of County
Commissioners of Doña Ana County 4-8-2008 by Ord. No. 235-08.
Amendments noted where applicable.]
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]
(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.
