New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES
Part 5 - RECRUITMENT, ASSESSMENT, SELECTION
Section 1.7.5.12 - SELECTION
Current through Register Vol. 35, No. 6, March 26, 2024
A. In accordance with the purpose of the Personnel Act NMSA, Section 10-9-2, selection shall be based solely on qualification and ability. Selection for any appointment to positions in the classified service shall be justified in writing and made from employment lists.
B. All employers subject to the Criminal Offender Employment Act [NMSA 1978, Sections 28-2-1 to 28-2-6 ] may take into consideration a conviction, but the conviction will not operate as an automatic bar to obtaining public employment. Employer may only take into consideration a conviction after the applicant has been selected as a finalist for the position.
C. Agencies shall develop policies governing their use of the employment lists; such policies shall be submitted to the director for approval.
D. Agencies shall be sensitive to creating diversity in the workplace.
E. Employment lists shall include names of ranked candidates who have made application and met the established requirements plus any candidates certified by the New Mexico department of education, division of vocational rehabilitation, the commission for the deaf and hard of hearing, or the commission for the blind, in accordance with the provisions of NMSA 1978, Section 28-10-12.
F. Temporary promotions: Employees may be temporarily promoted for a period not to exceed 12 months to a temporarily or effectively vacant position for which the agency certifies that the employee holds qualifications and abilities necessary for successful job performance. At the end of the temporary promotion period, employees shall return to their former position without right of appeal.
G. Intra-agency transfers: An agency may transfer an employee without the employee's consent to a position in the same classification within the same geographic location, which is 35 miles from the boundaries of the community in which the employee is employed or if the established requirements state that willingness to accept a change of geographic location is a condition of employment.
H. Exempt to career appointments: Employment in the exempt service shall not count towards the probationary period required by Subsection A of 1.7.2.8 NMAC.
I. Emergency appointments: Emergency appointments shall be made in accordance with 1.7.2.12 NMAC.
J. Reduction: Employees may request a classification reduction to a position for which the agency certifies that the employee holds qualifications and abilities necessary for successful job performance.
K. Physical examinations: Agencies may require physical examinations of candidates who have been selected for appointment contingent upon their meeting the prescribed physical health standards. The costs of such physical examinations shall be borne by the agency.
L. Human immunodeficiency virus-related (AIDS) test: No agency shall require a candidate or employee to take the human immunodeficiency virus-related (AIDS) test or disclose the results of same test as a condition of selection, promotion or continued employment unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification for the job in question. Agencies must adhere to the provisions of the Human Immunodeficiency Virus Test Act NMSA 1978 Sections 24-2B-1 to 24-2B-8 Cum. Supp. 1993).
