New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 4 - DISTRICT ATTORNEYS
Part 1 - GENERAL PROVISIONS
Section 10.4.1.9 - ADMINISTRATION OF THE PLAN

Universal Citation: 10 NM Admin Code 10.4.1.9

Current through Register Vol. 35, No. 18, September 24, 2024

The responsibility for administration of the classification plan rests with the district attorneys and with the district attorney personnel review board.

A. District attorney personnel review board.

(1) The district attorney personnel review board ("board") shall consist of five (5) district attorneys including the president, vice-president and secretary-treasurer of the New Mexico district attorney's association and two (2) additional voting members, all elected annually by the district attorneys.

(2) Each board member shall be reimbursed as provided in the Per Diem and Mileage Act when traveling on board business directly related to the District Attorney Personnel and Compensation Act.

(3) As found in Section 7 of the District Attorney Personnel and Compensation Act (36-1A-7 et seq. NMSA 1978), the board's responsibilities for the administration of the classification plan are as follows:
(a) The board shall recommend to the district attorneys, as a group, regulations necessary or appropriate to implement and administer the District Attorney Personnel and Compensation Act.

(b) The board shall determine the qualifications for each class specification or classification series; including required levels of education, experience, special skills and legal knowledge.

(c) The board shall recommend salary grades and pay ranges to which class specifications and job classifications are assigned, subject to legislative appropriations.

(d) The board shall hear appeals solely involving suspension, demotion or termination of a covered employee and render its final decision, unless the covered employee elects, under Section 10 of the District Attorney Personnel and Compensation Act, to have the appeal heard by the state personnel office-designated hearing officer.

(e) The board shall make periodic reviews of the personnel regulations, classification plan and compensation ranges that govern employees to ensure that all federal action, legislative mandates and other substantive changes are incorporated into the regulations in a timely fashion and make recommendations thereon to the district attorneys.

(f) The board shall consider other personnel matters as designated by the district attorneys and they shall have the authority to override all actions based on a justification provided on a case by case basis. A quorum of the board shall consist of at least three (3) members.

B. District attorneys as a group: The responsibilities of the district attorneys as a group shall be:

(1) the adoption and promulgation of regulations to effectuate the provisions of the compensation plan for all employees;

(2) the conducting of periodic reviews of the regulations, classifications series and compensation ranges to ensure that applicable federal action, legislative mandates and other substantive changes are incorporated in the compensation plan in a timely fashion;

(3) the contracting of consultant services to reevaluate the classification and compensation plans to ensure their compatibility, subject to legislative appropriation, with classes covered by the Personnel Act and the judicial pay plan; and

(4) the preparation of an annual fiscal report specifying proposed changes, if any, to the compensation plan prior to each regular legislative session; before any proposed changes are implemented, they shall be reviewed by the legislative finance committee and approved by the department of finance and administration; competitive market compensation levels shall be reviewed at least every five (5) years and incorporated into the report; subsequent budget requests shall include this information.

C. Each district attorney.

(1) Primary responsibility for the day-to-day administration of the classification plan rests with each district attorney or their designee.

(2) Each district attorney shall submit position change requests and personnel action requests to the administrative office of the district attorneys for review. The administrative office of the district attorneys will forward reviewed requests to the department of finance and administration. These actions shall then be incorporated into a monthly personnel and classification report to be administered by the administrative office of the district attorneys and distributed to the district attorneys, the department of finance and administration and the legislative finance committee.

D. Administrative office of the district attorneys: The administrative office of the district attorneys shall ensure that the department of finance and administration and the legislative finance committee receive a table of organizational listing (TOOL) for all district attorney positions and employees. This monthly report shall include each employee's position number, name, title of authorized job, status, pay grade and salary and shall reflect any department of finance and administration-approved position changes or administrative office of the district attorneys-approved personnel actions.

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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