New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 4 - DISTRICT ATTORNEYS
Part 1 - GENERAL PROVISIONS
Section 10.4.1.8 - COVERAGE OF SERVICE
Universal Citation: 10 NM Admin Code 10.4.1.8
Current through Register Vol. 35, No. 18, September 24, 2024
A. Covered employees.
(1) Employees holding
covered positions affected by the District Attorney Personnel and Compensation
Act shall be recognized as covered employees if they have successfully
completed the probationary period.
(2) Once an employee in a covered position
attains covered status, they shall retain that status as long as they remain
in, transfer to, or are promoted into a covered position without a break in
employment. Nothing in the District Attorney Personnel and Compensation Act
shall preclude the reclassification or reallocation of any position held by an
employee.
B. At will employees.
(1) The positions of attorney,
district office manager and special program director are at will positions that
serve at the pleasure of the district attorney.
(2) Such at will employees shall have no
property interest in the continued position and may be dismissed with or
without cause.
C. Probationary employees.
(1) A probationary
appointment is the placement of an applicant into a position designated as
covered.
(2) A probationary period
of one (1) year from the date of hire is required of all employees in covered
positions. If leave without pay is taken during the probationary period, the
probationary period may be extended by the number of days of leave taken within
the applicable one (1) year period.
(3) Probationary employees may be terminated
at any time by the district attorney.
(4) Probationary employees have no rights to
utilize grievance procedures and the appeals provisions in this rule.
(5) The covered status of a probationer
begins the day following the end of the probationary period.
(6) All probationary employees shall be
evaluated prior to the end of their probationary period utilizing the approved
performance appraisal form.
(7) The
district attorney is responsible for taking action on the status of
probationary employees prior to the end of the probationary period.
(8) An employee transfer to another district
attorney's office will result in a new probationary period as defined in this
subsection.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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