TITLE 1 GENERAL
GOVERNMENT ADMINISTRATION
CHAPTER 7 STATE
PERSONNEL ADMINISTRATION
PART 1 GENERAL
PROVISIONS
1.7.1.1 ISSUING
AGENCY: State Personnel
Board.
[1.7.1.1 NMAC - Rp,
1 NMAC 7.1.1, 07/07/01]
1.7.1.2 SCOPE: All state agencies in the classified
service.
[1.7.1.2 NMAC - Rp,
1 NMAC 7.1.2, 07/07/01]
1.7.1.3 STATUTORY
AUTHORITY: NMSA 1978,
Section 10-9-10(A); Section 7: NMSA 1978, Section 10-9-3; Section 12: NMSA
1978, Section 10-9-12 (A); Section 13: 42 U.S.C Section 101 et seq.; Section
14: NMSA 1978, Section 14-2-1 and 42 U.S.C Section 101 et seq; Chapter 173,
laws of 1997.
[1.7.1.3 NMAC - Rp,
1 NMAC 7.1.3, 07/07/01; A, 11/14/02]
1.7.1.4 DURATION: Permanent.
[1.7.1.4 NMAC - Rp,
1 NMAC 7.1.4, 07/07/01]
1.7.1.5 EFFECTIVE
DATE: 07/07/01 unless a
later date is cited at the end of a section.
[1.7.1.5 NMAC - Rp,
1 NMAC 7.1.5, 07/07/01]
1.7.1.6 OBJECTIVE: The objective of Part 1 of Chapter 7 is: to
define words and phrases used throughout Chapter 7, to cite provisions
pertaining to different Parts of Chapter 7, to require maintenance of
employment records, and to detail provisions that do not warrant a separate
Part.
[1.7.1.6 NMAC - Rp,
1 NMAC 7.1.6, 07/07/01]
1.7.1.7 DEFINITIONS:
A. “Agency”
means any state department, bureau, division, branch or administrative group
which is under the same employer.
B. “Anniversary date” means the date of appointment or reemployment and is
changed as of the date of promotion, demotion, reduction, or change to a
different classification in the same pay band.
The director shall resolve disputes over how an anniversary date is
derived.
C. “Applicant”
means any person, who has applied for a position in the classified service.
D. “Board”
means the personnel board.
E. “Break
in employment” means any period of separation of at least one workday of not
being in the classified service.
F. “Candidate”
means any person who is on the employment list for a position.
G. “Classified
service” means all positions in the executive branch of state government which
are not exempt by law.
H. “Classification” means a job that is occupationally
and quantifiably distinct.
I. “Compa-ratio”
means pay expressed as a percentage of the midpoint of a pay band.
J. “Demotion”
means an involuntary downward change for disciplinary reasons with a reduction
in pay within an employee’s pay band or from a classified position in one pay
band to a classified position in a lower pay band with a reduction in pay,
and/or removal of supervisory responsibilities and pay for disciplinary
reasons.
K. “Director”
means the state personnel director.
L. “Dismissal”
means the involuntary separation from employment for disciplinary reasons.
M. “Diversity
in the workplace” means an acknowledgment of all people equally, regardless of
their differences. Agencies’ management
of diversity will ensure that efforts are made to adapt to and accept the
importance of all individuals who fall within a group identified for protection
under equal employment laws and regulations.
N. “Employee”
means a person in a position in the classified service. [note:
For purposes of brevity and consistency, this definition differs from NMSA 1978, Section 10-9-3-(I) but in no
way confers a greater right on certain persons than contemplated by Section 10-9-3(I)].
O. “Employer”
means any authority having power to fill positions in an agency.
P. “Employment
list” means the list of names, certified by the director, from which a
candidate may be selected for appointment.
Q. “Established
requirements” means a position’s individual job related qualification standards
established by the agency and the office in accordance with the specific
requirements and/or needs of the position and are subject to review by the
director.
R. “Examination” means quantitative competitive
assessment of qualifications, knowledge, skills, fitness and abilities of an
applicant including tests.
S. “Exempt service” means all positions in the executive branch of state
government exempt from the classified service by law.
T. “Filed” means received by the office.
U. “First line supervisor” means an employee in a non-manager
classification who devotes a
substantial amount of work time to supervisory duties, customarily and
regularly directs the work of two or more other employees and has the authority
in the interest of the employer to hire, promote, evaluate the performance of,
or discipline other employees or to recommend such actions effectively but does
not include an individual who performs merely routine, incidental or clerical
duties, or who occasionally assumes supervisory or directory roles or whose
duties are substantially similar to those of subordinates, and does not include
lead employees, employees who participate in peer review or occasional employee
evaluation programs.
V. “Involuntary
separation” means involuntary removal of an employee from the classified
service without prejudice as provided for in 1.7.10.13 NMAC.
W. “Line authority” means the assignment of activities and/or approval
authority in a manner that does not relinquish the director’s administrative
oversight or authority.
X. “Manager” means an employee in a position that manages internal staff
and/or external staff, and who plans, organizes, integrates, coordinates, and
controls the activities of others. A manager also is held accountable for the
performance of people, services, systems, programs and resources and can change
their direction, objectives and assignments to meet performance and business
needs.
Y. “Midpoint” means the salary midway between the minimum
and maximum pay rates of a pay band or pay opportunity that represents the
competitive market rate for jobs of the same relative worth in the relevant
labor market(s). Midpoint represents a
compa-ratio value of 1.00 or 100% percent.
Z. “Minimum
qualifications” means statutory requirements as required by law, which shall be
used to reject applicants.
AA. “Office”
means the state personnel office.
BB. “Pay band” means the range of pay rates, from minimum to maximum.
CC. “Probationer”
means an employee in the classified service who has not completed the one-year
probationary period.
DD. “Promotion” means the change of an employee from a classified position
in one pay band to a classified position in a higher pay band.
EE. “Reduction”
means a voluntary change without prejudice, within an employee’s pay band, or
from a classified position in one pay band to a classified position in a lower
pay band, or voluntary removal of supervisory or leadworker responsibilities
and pay.
FF. “Relation
by blood or marriage within the third degree” includes spouse, domestic
partner, parent, mother-in-law, father-in-law, step-parent, children, domestic
partner children, son-in-law, daughter-in-law, step-child, brother,
step-brother, brother-in-law, sister, step-sister, sister-in-law, grandparent,
grandchild, uncle, aunt, nephew, niece, great-grandchild, and
great-grandparent.
GG. “Resignation”
means the voluntary separation of an employee from the classified service.
HH. “Rules”
means the rules and regulations of the personnel board.
II. “Status”
means all of the rights and privileges of an appointment.
JJ. “Suspension”
means an involuntary leave of absence without pay for disciplinary reasons for
a period not to exceed 30 calendar days.
KK. “Transfer” means the movement of an employee from one position to
another in the same pay band without a break in employment.
LL. “Without
prejudice” means a declaration that no rights or privileges of the employee
concerned are to be considered as thereby waived or lost except in so far as
may be expressly conceded or decided.
MM. “Writing or written” means in the written form and/or an alternative format, where deemed appropriate, and when requested.
[1.7.1.7 NMAC - Rp,
1 NMAC 7.1.7, 07/07/01; A, 11/14/02; A 10/30/03; A, 7-15-05; A, 12-30-05; A/E,
1-30-06; A, 3-31-06; A, 10-15-08]
1.7.1.8 APPROVAL AUTHORITY:
A. Pursuant to the provision of NMSA 1978, Section 10-9-12(A) the director shall supervise all administrative and technical personnel activities of the state.
(1) The director, pursuant to direction from the board, will establish a quality assurance review program, and will ensure that a copy of the program is provided to each agency. The board will review the quality assurance review program on an annual basis.
(2) The director shall ensure that all agencies are reviewed, as outlined in the quality assurance review program, which will enable the director the ability to supervise all administrative and technical personnel activities of the state and ensure compliance with the rules. The director shall submit the findings to the board.
B. If it is established that an agency has violated the rules or their agency’s policies which require office approval, and they are given adequate opportunity to correct violations and fail to do so, the director may suspend the agency’s right to approve such actions as provided in the rules and all such actions will require director approval until the director rescinds the suspension.
C. The director reserves the right to assign line authority under these rules so long as such line authority maintains the director’s administrative oversight and authority. Such decisions are subject to the board’s review. Such authority shall be derived from the director through written instruction which shall specify the responsibility(ies) and accountability(ies) which are being assigned.
D. The director, with the approval of the board, shall establish criteria governing the requirements which must be met to achieve and maintain line authority status.
E. The director may modify or withdraw line authority status. Such decisions are subject to the board’s review.
[1.7.1.8 NMAC - Rp,
1 NMAC 7.1.8, 07/07/01; A, 11/14/02; A, 7-15-05; A, 6-15-10]
1.7.1.9 INTERPRETATIONS: The board shall establish a procedure for the issuance of interpretations of these Rules.
[1.7.1.9 NMAC - Rp,
1 NMAC 7.1.9, 07/07/01]
1.7.1.10 METHOD
OF SERVING NOTICE: Any
notice required of an agency by these rules, except for 1.7.13 NMAC, shall be
delivered by a method that provides proof of service or attempted service.
[1.7.1.10 NMAC - Rp,
1 NMAC 7.1.10, 07/07/01]
1.7.1.11 COMPUTATION
OF TIME:
A. In
computing any period of time prescribed or allowed by these rules, the day from
which period of time begins to run shall not be included. The last calendar day
of the time period shall be included in the computation unless it is a
Saturday, Sunday or a day on which a legal holiday is observed. In such a case,
the period of time runs to the close of business on the next regular workday.
If the period is less than 11 days, a Saturday, Sunday or legal holiday is
excluded from the computation.
B. Whenever
an employee is permitted or required by these rules to respond or do some other
act within a prescribed period after service of a notice or paper upon the
employee and the notice or paper is served by mail or courier service, 3
calendar days shall be added to the prescribed period.
[1.7.1.11 NMAC - Rp,
1 NMAC 7.1.11, 07/07/01; A, 11/14/02]
1.7.1.12 EMPLOYMENT
RECORDS:
A. The
director and agencies shall maintain a record of each employee’s employment
history in accordance with operational necessity and applicable state and
federal law requirements. Employees shall have access to their own file.
Employment-related confidential records shall be available for inspection by
agencies during the process of interviewing for employment when the employee
has provided a signed release. No
materials shall be placed in an employee’s employment history without providing
the employee with a copy. Employees may
submit written rebuttal to any material placed in their employment
history. Agencies shall transfer the
complete record of an employee’s employment history upon inter-agency transfer.
B. Employment
records, except confidential records, are subject to inspection by the general
public. Confidential records may be
inspected with the written permission of the employee or pursuant to a lawful
court order.
C. For the purpose
of inspection of public records under Subsection B of 1.7.1.12 NMAC, the following material shall be regarded as
confidential and exempted from public inspection: records and documentation pertaining to physical or mental illness,
injury or examinations, sick
leave and medical treatment of persons;
records and documentation maintained for purposes of the Americans with Disabilities Act [42 U.S.C. Section 12010 et
seq]; letters of reference
concerning employment, licensing, or permits; records and documentation
containing matters of opinion; documents concerning infractions and
disciplinary actions; performance appraisals; opinions as to whether a person
should be re-employed; college transcripts; military discharge; information on
the race, color, religion, sex, national origin, political affiliation, age,
and disability of employees; home address and personal telephone number
unless related to public business; social security number; laboratory reports or test results generated
according to the provisions of 1.7.8 NMAC; and as otherwise
provided by state or federal law.
[1.7.1.12 NMAC - Rp,
1 NMAC 7.1.12, 07/07/01; A, 11/14/02; A, 7-15-05; A, 6-15-10]
1.7.1.13 SETTLEMENT
AGREEMENTS: Any settlement
agreement reached by an agency and an employee to resolve a matter between
them, that incorporates provisions covered by these rules, must conform to the
provisions of these rules and have the prior approval of the director. The director may approve a settlement
agreement, which does not conform to the provisions of these rules if, in the
judgment of the director, the settlement is in the best interest of the state
of New Mexico with the joint approval of the cabinet secretary of the
department of finance and administration signifying budget availability.
[1.7.1.13 NMAC - Rp,
1 NMAC 7.1.13, 07/07/01; A, 7-15-05]
1.7.1.14 AGENCY
HUMAN RESOURCE POLICIES:
Each agency shall provide a copy of their human resource policies to the office
and these policies must conform to the provisions of these rules and other
statutory requirements as required by law and include, among other things,
policies regarding diversity in the workplace.
[1.7.1.14 NMAC - Rp,
1 NMAC 7.1.14, 07/07/01]
1.7.1.15 TRAINING
AND DEVELOPMENT: The
director shall establish, pursuant to direction from the board, and maintain a
training and development work plan. The
board will review the training and development work plan on an annual basis.
[1.7.1.15 NMAC - N,
07/07/01; A, 11/14/02; A, 07/15/05; A, 12/1/10]
1.7.1.16 SEVERABILITY: A determination by a court of competent
jurisdiction that any provision of 1.7.1
NMAC is unconstitutional or invalid shall not adversely affect the
constitutionality, validity or enforceability of the remaining provisions.
[1.7.1.16 NMAC - N,
07/07/01]
HISTORY OF 1.7.1 NMAC:
Pre-NMAC History:
Material in this
part was derived from that previously filed with the commission of public
records - state records center and archives as:
SPB Rule 1,
Definitions, filed 05-22-80;
SPB Rule 1,
Definitions, filed 06-03-81;
SPB Rule 1,
Definitions, filed 07-22-82;
SPB Rule 1,
Definitions, filed 10-21-82;
SPB Rule 1,
Definitions, filed 06-28-83;
SPB Rule 1,
Definitions, filed 03-07-86;
SPB Rule 1,
Definitions, filed 10-17-86;
SPB Rule 1,
Definitions, filed 07-30-87;
SPB-A, Glossary,
filed 04-04-90;
SPB-A, Glossary,
filed 10-19-90;
SPB 1, Definitions,
filed 12-15-92;
SPB 1, Definitions,
filed 02-10-94;
SPB Rule 2, General
Provisions, filed 05-22-80;
SPB Rule 2, General
Provisions, filed 06-03-81;
SPB Rule 2, General
Provisions, filed 07-22-82;
SPB Rule 2, General
Provisions, filed 10-21-82;
SPB Rule 2, General
Provisions, filed 06-28-83;
SPB Rule 2, General
Provisions, filed 03-07-86;
SPB Rule 2, General
Provisions, filed 10-17-86;
SPB-1, General
Applicability filed 04-04-90;
SPB-1, General
Applicability filed 10-19-90;
SPB-1, General
Applicability filed 12-24-91;
SPB 2, General
Provisions, filed 12-15-92;
SPB 2, General
Provisions, filed 02-10-94;
SPB 2, General
Provisions, filed 12-29-94.
History of Repealed Material:
1 NMAC 7.1, General Provisions, filed
06-13-97.
Other History:
1 NMAC 7.1, General Provisions, filed 01-12-96 replaced SPB 1, filed 02-14-94 and SPB 2, filed
12-29-94;
1 NMAC 7.1, General Provisions, filed 05-02-96;
1 NMAC 7.1, General Provisions, filed 06-13-97 replaced by 1.7.1 NMAC, General Provisions, effective 07/07/01.