N.M. Admin. Code § 10.12.1.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 10.12.1.7 - DEFINITIONS

A. "Agency" means any state department, unit, 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 human resource director shall resolve disputes over how an anniversary date is derived.

C. "Applicant" means any person, who has applied for a position.

D. "Board" means the disciplinary review board.

E. "Break in employment" means any period of separation of at least one workday of not being in the public defender department.

F. "Candidate" means any person who is on the employment list for a position.

G. "Chief" means the chief public defender.

H."Classification" means a job that is occupationally and quantifiable distinct.

I."Compa-ration" means pay expressed as a percentage of the midpoint of a pay range.

J."Demotion" means an involuntary downward change for disciplinary reasons with a reduction in pay within an employee's pay band or from a position in one pay band to a position in a lower pay band with a reduction in pay, and/or removal of supervisory responsibilities and pay for disciplinary reasons.

K."Department" means the public defender department.

L."Dismissal" means the involuntary separation from employment for disciplinary reasons.

M."Employee" means a person in a position in the department. (Note: For purposes of brevity and consistency, this definition differs from Section 10-9-3 -(I) NMSA 1978 but in no way confers a greater right on certain persons than contemplated by Section 10-9-3(I) NMSA 1978).

N."Employer" means any authority having power to fill positions in the department.

O."Employment list" means the list of names, certified by the human resource director, from which a candidate may be selected for appointment.

P."Established requirements" means a position's individual job related qualification standards established by the department in accordance with the specific requirements and/or needs of the position and are subject to review by the human resource director.

Q."Examination" means quantitative competitive assessment of qualifications, knowledge, skills, fitness and abilities of an applicant including oral or written tests.

R."Exempt service" means at will positions in the department.

S."Filed" means received by the office.

T."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 other employees and may have the authority in the interest of the department 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 human resource 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.

U."Involuntary separation" means involuntary removal of an employee from the department without prejudice as provided for in 10.12.10.13 NMAC.

V."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 or directs a specific program or project. 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.

W."Midpoint" means the salary midway between the minimum and maximum pay rates of a pay range 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%.

X."Minimum qualifications" means statutory requirements as required by law, which shall be used to reject applicants.

Y."Office" means the human resources bureau.

Z."Pay range" means the range of pay rates, from minimum to maximum.

AA. "Probationer" means an employee in the department who has not completed the one-year probationary period.

BB. "Promotion" means the change of an employee from a position in one pay range to a position in a higher pay range.

CC. "Reduction" means a voluntary change without prejudice, within an employee's pay range, or from a position in one pay range to a position in a lower pay range, or voluntary removal of supervisory or leadworker responsibilities and pay.

DD. "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, stepbrother, brother-in-law, sister, step-sister, sister-in-law, grandparent, grandchild, uncle, aunt, nephew, niece, great-grandchild, and great-grandparent.

EE. "Resignation" means the voluntary separation of an employee from the department.

FF. "Rules" means the rules and regulations of the public defender department.

GG. "Status" means all of the rights and privileges of an appointment.

HH. "Suspension" means an involuntary leave of absence without pay for disciplinary reasons for a period not to exceed 30 calendar days.

II. "Transfer" means the movement of an employee from one position to another in the same pay range without a break in employment.

JJ. "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.

KK. "Writing or written" means in the written form and/or an alternative format, where deemed appropriate, and when requested.

N.M. Admin. Code § 10.12.1.7

Adopted by New Mexico Register, Volume XXVI, Issue 13, July 15, 2015, eff. 7/1/2015