TITLE 1 GENERAL GOVERNMENT ADMINISTRATION
CHAPTER 7 STATE PERSONNEL ADMINISTRATION
PART 6 GENERAL WORKING CONDITIONS
1.7.6.1 ISSUING AGENCY: State Personnel Board
[5-15-96; Rn, 1 NMAC
7.8, 7-1-97; 1.7.6.1 NMAC - Rn, 1 NMAC 7.6.1, 11/30/00]
1.7.6.2 SCOPE: All state agencies in the classified service
[5-15-96; Rn, 1 NMAC
7.8, 7-1-97; 1.7.6.2 NMAC - Rn, 1 NMAC 7.6.2, 11/30/00]
1.7.6.3 STATUTORY AUTHORITY: NMSA 1978, Sections 10-9-1 to 10-9-25, NMSA
1978, Section 10-9-10(A), NMSA 1978, Section 10-9-13(G), NMSA 1978, Section
10-9-21, NMSA 1978, Section 12-5-2, NMSA 1978, Sections 24-2B-1 to 24-2B-8,
U.S.C. Sections 1501 to 1508.
[5-15-96; Rn, 1 NMAC
7.8, 7-1-97; 1.7.6.3 NMAC - Rn, 1 NMAC 7.6.3, 11/30/00; A, 11/14/02]
1.7.6.4 DURATION:
Permanent.
[5-15-96; Rn, 1 NMAC
7.8, 7-1-97; 1.7.6.4 NMAC - Rn, 1 NMAC 7.6.4, 11/30/00]
1.7.6.5 EFFECTIVE DATE: July 1, 1997, unless a later date is cited
at the end of a section.
[5-15-96; Rn, 1 NMAC
7.8.5, 7-1-97; A, 7-1-97; 1.7.6.5 NMAC - Rn & A, 1 NMAC 7.6.5, 11/30/00]
1.7.6.6 OBJECTIVE: The objective of Part 6 of Chapter 7 is: to
define certain acceptable activities; to prohibit certain activities and to
provide legal holiday observation dates, while setting forth general working
conditions for employees.
[5-15-96; Rn, 1 NMAC
7.8.6, 7-1-97; A, 7-1-97; 1.7.6.6 NMAC - Rn, 1 NMAC 7.6.6, 11/30/00]
1.7.6.7 DEFINITIONS: “Nonpartisan election” is any election for
public office when the candidate’s party affiliations are neither indicated nor
required.
[7-1-97; 1.7.6.7 NMAC
- Rn, 1 NMAC 7.6.7, 11/30/00]
1.7.6.8 NEPOTISM: No agency shall permit the hiring,
promotion, or direct supervision of an employee by a person who is related by
blood or marriage within the third degree to the employee.
[11-3-90...5-15-96;
Rn, 1 NMAC 7.8.10, 7-1-97; 1.7.6.8 NMAC - Rn, 1 NMAC 7.6.8, 11/30/00]
1.7.6.9 LEGAL HOLIDAYS: Each year, prior to December 1, the Board
shall publish the dates on which legal public holidays as designated in NMSA
1978, Section 12-5-2 (Repl. Pamp. 1988) shall be observed for the next calendar
year.
[5-24-53...5-15-96;
Rn, 1 NMAC 7.8.12, 7-1-97; 1.7.6.9 NMAC - Rn, 1 NMAC 7.6.9, 11/30/00]
1.7.6.10 PROHIBITED POLITICAL
ACTIVITIES: Employees are
prohibited from:
A. using official authority or influence for the purpose of
interfering with or affecting the result of an election or a nomination for
office or for any other political purpose;
B. directly or indirectly coercing, attempting to coerce,
commanding, or advising a state or local officer or employee to pay, lend, or
contribute anything of value to a party, committee, organization, agency, or person
for a political purpose;
C. threatening
to deny promotions or pay increases to any employee who does not vote for
certain candidates, requiring employees to contribute a percentage of their pay
to a political fund, influencing subordinate employees to buy tickets to
political fund-raising dinners and similar events, advising employees to take
part in political activity, and matters of a similar nature;
D. engaging
in a political activity while on duty; or
E. being
an officer of a political organization.
[4-27-62...5-15-96;
Rn, 1 NMAC 7.8.14.5, 7-1-97; 1.7.6.10 NMAC - Rn & A, 1 NMAC 7.6.10,
11/30/00; A, 11/14/02]
1.7.6.11 PUBLIC/POLITICAL OFFICE:
A. Employees
covered by the provisions of the Hatch Act [5 U.S.C. Sections 1501 to 1508]
may not be candidates for partisan political office elections.
B. Employees
not covered by the provisions of the Hatch Act [5 U.S.C. Sections 1501 to
1508] may be candidates for any partisan political office if, upon filing
or accepting the nomination and during the entire campaign, they are authorized
full-time continuous leave without pay.
C. Employees
may be candidates for nonpartisan political office, subject to the restriction
set forth in 1.7.6.11 NMAC, without taking a leave of absence.
D. Employees
may hold only a nonpartisan county or municipal political office during employment
in the classified service.
E. Being a local school board member or an elected member of
any post-secondary educational institution shall not be construed as holding
political office.
F. Employees running for or holding public office shall not
use state equipment, facilities, property or time dedicated to employment
duties to conduct campaign or public office related business. Violation of this
Rule is punishable by disciplinary action pursuant to 1.7.11 NMAC and/or
the criminal penalties set forth in NMSA 1978 Section 10-9-23.
[7-1-80…5-15-96;
1.7.6.11 NMAC - Rn & A, 1 NMAC 7.6.11, 11/30/00; A 2-14-01; A, 11/14/02]
1.7.6.12 [RESERVED]
[1-2-93 ... 5-15-96; Rn, 1 NMAC 7.8.16.2, 7-1-97; 1.7.6.12 NMAC - Rn, 1
NMAC 7.6.12, 11/30/00; A, 11/14/02; Repealed, 11/13/2018]
1.7.6.13 COMPLAINTS:
A. Each
agency shall establish a written complaint procedure by which employees can
seek to remedy problems associated with their working conditions. Agency complaint procedures shall be filed
with the Office and the information made available to all employees of the
agency.
B. Employees
have the right to present or make known their complaints, free from
interference, restraint, discrimination, coercion, or reprisal.
C. Agencies
should utilize alternative methods of dispute resolution, including mediation, wherever
appropriate to resolve conflicts in the workplace and encourage positive
working relationships between employees and management.
D. If the complaint pertains to an interpretation of these rules,
it may be appealed to the director within 30 calendar days of the agency’s
final decision. The director will issue an interpretation in accordance with
1.7.1.9 NMAC.
[7-1-80…5-15-96; Rn
& A, 1 NMAC 7.15.11, 7-1-97; 1.7.6.13 NMAC - Rn, 1 NMAC 7.6.13 & A,
11/30/00; A, 5-14-09]
1.7.6.14 [RESERVED]
[Rn & R, 1 NMAC
7.6.8, 1 NMAC 7.6.9, 1 NMAC 7.6.13, 7-1-97; 1.7.6.14 NMAC - Rn, 1 NMAC 7.6.14,
11/30/00]
HISTORY of 1.7.6
NMAC: [RESERVED]