TITLE 10 PUBLIC SAFETY AND
LAW ENFORCEMENT
CHAPTER 12 PUBLIC
DEFENDER DEPARTMENT
PART 3 CLASSIFICATION
10.12.3.1 ISSUING
AGENCY: Public Defender Commission
[10.12.3.1 NMAC - N,
7/1/2015]
10.12.3.2 SCOPE: Applies to all employees
[10.12.3.2 NMAC - N,
7/1/2015]
10.12.3.3 STATUTORY
AUTHORITY: Section 31-15-2.4(B)(6) NMSA 1978 and Section 31-15-7 NMSA 1978.
[10.12.3.3 NMAC - N,
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10.12.3.4 DURATION: Permanent.
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10.12.3.5 EFFECTIVE
DATE: 7/1/2015 unless a later
date is cited at the end of a section.
[10.12.3.5 NMAC - N,
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10.12.3.6 OBJECTIVE: The objective of Part 3
of Chapter 12 is to provide for a uniform and flexible system for the
classification of department positions that supports the mission of the
department, is adaptable to change, ensures that all positions are assigned to
their appropriate classification, and sets forth a process for implementing
classification studies.
[10.12.3.6 NMAC - N,
7/1/2015]
10.12.3.7 DEFINITIONS: “Classification plan” means a document
developed by the human resource director and approved by the chief that
describes the chief’s classification philosophy and is the foundation for
ensuring consistent application of the philosophy.
[10.12.3.7 NMAC - N,
7/1/2015]
10.12.3.8 CLASSIFICATION PLAN:
A. The
human resource director, pursuant to direction from the chief, shall establish,
maintain and, administer a classification plan for all
positions throughout the department.
B. The chief establishes a classification through the
review, approval and adoption of new or revised classification descriptions.
C. The human resource
director may recommend the deletion of unused classification descriptions and
revisions to classification descriptions if the revision does not necessitate a
study.
D. The human resource
director shall provide affected parties an opportunity to comment on the
creation, revision, and deletion of classification descriptions prior to
implementation.
E. Classification reviews,
classification studies and/or classification re-evaluations may be requested by
department management.
[10.12.3.8 NMAC - N,
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10.12.3.9 POSITION
ASSIGNMENT:
A. The human resource director shall ensure that each
position in the department is assigned to the classification that best
represents the duties assigned by the employer and performed by the employee.
B. When a filled position is assigned a classification with
a lower pay band, in accordance with the provisions Subsection A. of 10.12.3.9 NMAC, the
employee may elect to take a reduction in accordance with Subsection DD of 10.12.1.7
NMAC, or overfill the position in their current classification.
C. A position assignment decision may be appealed to the chief
through the department’s chain-of-command.
Appeals to the chief must be in writing and include the employee’s
analysis of the reasons for the appeal as well as the human resource director’s
analysis for the reasons for reclassification of the position. The chief’s decision is final and binding.
[10.12.3.9 NMAC - N,
7/1/2015]
10.12.3.10 IMPLEMENTATION OF CLASSIFICATION
STUDY RESULTS:
On a date determined by the human resource director, employees affected by a
classification study shall be assigned to the resulting new classification
which best represents the job performed without having to meet the established
requirements, unless minimum qualifications are required by law.
[10.12.3.10 NMAC - N,
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HISTORY OF 10.12.3 NMAC [RESERVED]