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, 1/1/2020]
1.7.1.2 SCOPE: All state agencies in the classified service.
[1.7.1.2 NMAC - Rp,
1 NMAC 7.1.2, 1/1/2020]
1.7.1.3 STATUTORY AUTHORITY: Sections 10-9-3, 10-9-7, 10-9-10, 10-9-12
through 10-9-14 and Section 14-2-1 NMSA 1978.
[1.7.1.3 NMAC - Rp,
1 NMAC 7.1.3, 1/1/2020]
1.7.1.4 DURATION: Permanent.
[1.7.1.4 NMAC - Rp,
1 NMAC 7.1.4, 1/1/2020]
1.7.1.5 EFFECTIVE DATE: January 1, 2020 unless a later date is cited
at the end of a section.
[1.7.1.5 NMAC - Rp,
1 NMAC 7.1.5, 1/1/2020]
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, 1/1/2020]
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 transfer. The assignment of an employee to a new
classification which best represents the job performed by the employee does not
affect the employee’s anniversary date. 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. “Appointment” means the assumption of
job duties by a candidate who was offered and then accepted a classified
position in a state agency.
E. “Audit” means an examination or
inspection of an agency’s personnel and human resources functions and
activities, including but not limited to personnel transactions, recruitment,
leave administration, collective bargaining agreement administration, and
completion of personnel evaluations.
F. “Board” means the personnel board.
G. “Break in employment” means any period
of time of at least one workday of not being in the classified service.
H. “Candidate” means any applicant who is
on the employment list for a position.
I. “Classified service” means all
positions in the executive branch of state government which are not exempt by
law.
J. “Classification” means a job that is
occupationally and quantifiably distinct.
K. “Compa-ratio” means pay expressed as a
percentage of the midpoint of a pay band.
L. “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.
M. “Director” means the state personnel
director.
N. “Disciplinary action” means any action
taken by an agency to influence change in an employee’s performance or behavior
to the expected standard, including letters of reprimand, suspensions,
demotions and dismissals.
O. “Dismissal” means the involuntary
separation from employment.
P. “Diversity in the workplace” means an
acknowledgment of all people in the workplace 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.
Q. “Domestic partner” means two
individuals who have shared a common, primary residence for at least 12
consecutive months, sign an affidavit of domestic partnership, and meet all of
the following criteria:
(1) Both
domestic partners must be unmarried.
(2) Domestic
partners must have been in a mutually exclusive relationship, intending to do
so indefinitely, and the relationship is similar to a marriage relationship in
the State of New Mexico.
(3) Domestic
partners must meet the age requirements for marriage in New Mexico (18 years of
age) and be mentally competent to consent to contract.
(4) Domestic
partners must not be related by blood to the degree prohibited in a legal
marriage in the State of New Mexico.
(5) Domestic
partners must be jointly responsible for the common welfare of each other and
share financial obligations.
(6) Domestic
partner must not be married or a member of another domestic partnership; nor
have been so during the past 12 months. If domestic partnership dissolves and
the same two people want to become partners again, they must once again meet
the 12-month requirements.
(7) Domestic
partners must provide proof of one of the following: joint mortgage or lease;
joint ownership of a motor vehicle; joint bank account; joint credit account;
domestic partner named as beneficiary of life insurance; domestic partner named
as beneficiary of retirement benefits; domestic partner named as primary
beneficiary in the employee's will; domestic partner assigned durable property
or health care power of attorney; or documentation of sharing of household
expenses by both partners.
R. “Employee” means a person in a position
in the classified service. [note: For purposes of brevity and consistency, this
definition differs from Subsection I of Section 10-9-3 NMSA 1978, but in no way
confers a greater right on certain persons than contemplated by Subsection I of
Section 10-9-3 NMSA 1978.]
S. “Employer” means any authority having
power to fill positions in an agency.
T. “Employment list” the list of names of
candidates referred to a hiring manager by the agency’s Human Resources, from
which a candidate may be selected for an interview, and from which a candidate
may be selected for appointment.
U. “Employment records” means documents
that contain information related to a person’s employment or application for
employment.
V. “Examination”
means ranked competitive assessment of qualifications, knowledge, skills,
fitness and abilities of an applicant including tests.
W. “Exempt service” means all positions in
the executive branch of state government exempt from the classified service by
law.
X. “Filed” means received by the office.
Y. “Involuntary separation” means
involuntary removal of an employee from the classified service without prejudice
as provided for in 1.7.10.13 NMAC.
Z. “Line authority” means the assignment
of activities or approval authority by the director to State Personnel Office
staff or an agency in a manner that does not relinquish the director’s
administrative oversight or authority.
AA. “Manager” means an employee in a
position that manages internal staff or external staff, or 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, projects and resources and can change their direction,
objectives and assignments to meet performance and business needs.
BB. “Midpoint”
means the salary midway between the minimum and maximum pay rates of a pay band
for positions in the classified service.
Midpoint represents a compa-ratio value of 1.00 or one hundred percent.
CC. “Minimum qualifications” means
requirements approved by the board that must be met to be considered for a
position.
DD. “Office” means the state personnel
office.
EE. “Pay band” means a discrete range of
pay rates with fixed minimum and maximum limits to which classifications may be
assigned.
FF. “Probationer” means an employee in the classified service
who has not completed the one-year probationary period.
GG. “Promotion” means the change of an employee
from a classified position in one pay band to a classified position in a higher
pay band.
HH. “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.
II. “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.
JJ. “Resignation” means the voluntary separation of an
employee from the classified service.
KK. “Rules” means the rules and regulations of the
personnel board.
LL. “Signature” means handwritten or
electronic signature(s), provided that the mechanism for electronic signatures
is approved for use by the director, provides for authentication, and otherwise
complies with the Uniform Electronic Transactions Act, Sections 14-16-1 to 21
NMSA 1978.
MM. “Status” means all of the rights and privileges of an
appointment.
NN. “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.
OO. “Suspension” means an involuntary leave
of absence without pay for disciplinary reasons for a period not to exceed 30
calendar days.
PP. “Transfer” means the movement of an
employee from one position to another in the same pay band without a break in
employment.
QQ. “Without prejudice” means a declaration that no rights or
privileges of the employee concerned are waived or lost except as may be
expressly conceded or decided.
RR. “Writing or written” means in the written form and/or an alternative format, where deemed appropriate, and when requested, including electronic records that comply with the Uniform Electronic Transactions Ac, Sections 14-16-1 to 21 NMSA 1978.
[1.7.1.7 NMAC - Rp,
1 NMAC 7.1.7, 1/1/2020; A, 8/1/2021]
1.7.1.8 APPROVAL AUTHORITY:
A. Pursuant to the provision of Subsection A of Section 10-9-12 NMSA 1978, the director shall supervise all administrative and technical personnel activities of the state. The director may audit the administrative and technical personnel activities of the state. The director shall submit any findings of non-compliance with these rules to the board.
B. If it is established that an agency has violated the rules, an applicable collective bargaining agreement in place with the state, or the agency’s policies, and the agency is given adequate opportunity to correct violations and fails to do so, the director may suspend the agency’s line authority or right to approve personnel actions, to approve employment lists, to advertise employment positions, to negotiate with or to make agreements with exclusive bargaining representatives, or to perform any activities related to the agency’s violations and 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.
D. The director 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.
[1.7.1.8 NMAC - Rp,
1 NMAC 7.1.8, 1/1/2020]
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, 1/1/2020]
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, 1/1/2020]
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, 1/1/2020]
1.7.1.12 EMPLOYMENT RECORDS:
A. 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 review 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 or subpoena.
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; interview
notes; 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, 1/1/2020]
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, unless
otherwise approved by the director. If a
potential offer of settlement relates to a personnel action covered by these
rules, including, but not limited to, disciplinary appeals, grievance
arbitrations, and prohibited practice complaints, or a collective bargaining
agreement entered into by the state, an agency must secure approval from the
director prior to extending the offer. If in the judgment of the director, the
offer of settlement is in the best interest of the state, the director may
authorize the agency to extend the offer of settlement to the employee. If such
settlement also involves payment of monies by an agency, joint approval of the
cabinet secretary of the department of finance and administration signifying
budget availability and the director is required.
[1.7.1.13 NMAC - Rp,
1 NMAC 7.1.13, 7/7/2001, 1/1/2020]
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, 1/1/2020]
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 - Rp,
1 NMAC 7.1.15, 1/1/2020]
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 - Rp,
1 NMAC 7.1.16, 1/1/2020]
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 5/22/1980;
SPB Rule 1,
Definitions, filed 6/3/1981;
SPB Rule 1,
Definitions, filed 7/22/1982;
SPB Rule 1,
Definitions, filed 10/21/1982;
SPB Rule 1,
Definitions, filed 6/28/1983;
SPB Rule 1,
Definitions, filed 3/7/1986;
SPB Rule 1,
Definitions, filed 10/17/1986;
SPB Rule 1,
Definitions, filed 7/30/1987;
SPB-A, Glossary,
filed 4/4/1990;
SPB-A, Glossary,
filed 10/19/1990;
SPB 1, Definitions,
filed 12/15/1992;
SPB 1, Definitions,
filed 2/10/1994;
SPB Rule 2, General
Provisions, filed 5/22/1980;
SPB Rule 2, General
Provisions, filed 6/3/1981;
SPB Rule 2, General
Provisions, filed 7/22/1982;
SPB Rule 2, General
Provisions, filed 10/21/1982;
SPB Rule 2, General
Provisions, filed 6/28/1983;
SPB Rule 2, General
Provisions, filed 3/7/1986;
SPB Rule 2, General
Provisions, filed 10/17/1986;
SPB-1, General
Applicability filed 4/4/1990;
SPB-1, General
Applicability filed 10/19/1990;
SPB-1, General
Applicability filed 12/24/1991;
SPB 2, General
Provisions, filed 12/15/1992;
SPB 2, General
Provisions, filed 2/10/1994;
SPB 2, General
Provisions, filed 12/29/1994.
Other History:
1 NMAC 7.1, General Provisions, filed 1/12/1996 replaced SPB 1, filed 02/14/1994
and SPB 2, filed 12/29/1994;
1 NMAC 7.1, General Provisions, filed 5/2/1996;
1 NMAC 7.1, General Provisions, filed 6/13/1997 replaced by 1.7.1 NMAC, General Provisions, effective
7/7/2001.
History of Repealed Material:
1 NMAC 7.1, General Provisions, filed
6/13/1997.
1.7.1 NMAC, General Provisions, filed
6/13/1997, replaced by 1.7.1 NMAC, General Provisions, effective 1/1/2020.