TITLE 10 PUBLIC SAFETY AND LAW
ENFORCEMENT
CHAPTER 12 PUBLIC
DEFENDER DEPARTMENT
PART 1 GENERAL PROVISIONS
10.12.1.1 ISSUING
AGENCY: Public Defender Commission
[10.12.1.1 NMAC - N,
7/1/2015]
10.12.1.2 SCOPE: Applies to all employees.
[10.12.1.2 NMAC - N,
7/1/2015]
10.12.1.3 STATUTORY
AUTHORITY: Section 31-15-2.4(B)(6)
NMSA 1978; Section 31-15-7 NMSA 1978; 42 U.S.C Section 12101 et seq.; Section
14: NMSA 1978, Section 14-2-1 NMSA 1978 and 42 U.S.C Section 101 et seq; Chapter 173, laws of 1997.
[10.12.1.3 NMAC - N,
7/1/2015]
10.12.1.4 DURATION: Permanent.
[10.12.1.4 NMAC - N,
7/1/2015]
10.12.1.5 EFFECTIVE
DATE: 7/1/2015 unless a later
date is cited at the end of a section.
[10.12.1.5 NMAC - N,
7/1/2015]
10.12.1.6 OBJECTIVE: The objective of Part 1
of Chapter 12 is: to define words and phrases used throughout Chapter 12, to
cite provisions pertaining to different parts of Chapter 12, to require
maintenance of employment records, and to detail provisions that do not warrant
a separate part.
[10.12.1.6 NMAC - N,
7/1/2015]
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 quantifiably distinct.
I. “Compa-ratio”
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).
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, step-brother, 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.
[10.12.1.7 NMAC - N,
7/1/2015]
10.12.1.8 APPROVAL
AUTHORITY:
A. Pursuant to the provision of Section 31-15-7
NMSA 1978 the chief public defender shall supervise all administrative and
technical personnel activities of the department. The chief public defender may
designate duties as needed.
(1) The human resource director, pursuant
to direction from the chief, will establish a quality assurance review program.
The chief will review the quality assurance review program.
(2) The human resource director shall
ensure that all programs are reviewed, as outlined in the quality assurance
review program, which will enable the chief to supervise all administrative and
technical personnel activities of the state and ensure compliance with the
rules. The human resource director shall submit the findings to the chief.
[10.12.1.8 NMAC - N,
7/1/2015]
10.12.1.9 INTERPRETATIONS: The chief shall establish
a procedure for the issuance of interpretations of these rules.
[10.12.1.9 NMAC - N,
7/1/2015]
10.12.1.10 METHOD
OF SERVING NOTICE: Any notice required of the department by these rules, shall be
delivered by a method that provides proof of service or attempted service.
[10.12.1.10 NMAC - N,
7/1/2015]
10.12.1.11 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.
[10.12.1.11 NMAC - N, 7/1/2015]
10.12.1.12 EMPLOYMENT
RECORDS:
A. The office 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 their own
file. Employment-related confidential records shall be available for inspection
by prospective employers 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 a written rebuttal to
any material placed in their employment history. The department 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.
C. For the purpose of inspection of
public records under Section 14-2-1 NMSA 1978 et seq., 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 12101 et seq.]; letters of reference concerning employment,
licensing, or permits; records and documentation containing matters of opinion;
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 10.12.8 NMAC; and as otherwise provided by state or federal law.
[10.12.1.12 NMAC - N,
7/1/2015]
10.12.1.13 SETTLEMENT
AGREEMENTS:
Any settlement agreement reached by the department and an employee to resolve a
matter in dispute between them, that incorporates provisions covered by these
rules, must conform to the provisions of these rules and have the prior
approval of the chief. The chief may
approve a settlement agreement, which does not conform to the provisions of
these rules if, in the judgment of the chief, the settlement is in the best
interest of the public defender department.
[10.12.1.13 NMAC - N,
7/1/2015]
10.12.1.14 HUMAN
RESOURCE POLICIES: The department shall make human resource policies available to
employees and insure that policies conform to requirements of law.
[10.12.1.14 NMAC - N, 7/1/2015]
10.12.1.15 TRAINING
AND DEVELOPMENT:
The human resource director in conjunction with the training director shall
establish, pursuant to direction from the chief, maintain a training and
development work plan. The chief will
review the training and development work plan on an annual basis.
[10.12.1.15 NMAC - N,
7/1/2015]
10.12.1.16 SEVERABILITY: A determination by a
court of competent jurisdiction that any provision of these rules is unconstitutional or invalid shall not adversely
affect the constitutionality, validity or enforceability of the remaining
provisions.
[10.12.1.16 NMAC - N,
7/1/2015]
HISTORY OF 10.12.1 NMAC [RESERVED]