Otero County, NM Article IV Changes in Employment Status

§ 58-4.1 Promotion.

A. Otero County encourages the professional growth of its employees and rewards the initiative, creativity, effort, commitment, and diligence of its employees through the promotional process. County employees are encouraged to take advantage of promotional opportunities and apply for higher paying positions for which they qualify. Any employee whose job performance reflects an ability to do his or her present job in an exceptional manner and to handle more difficult assignments or greater responsibility may be considered eligible for promotion to available positions in a higher classified level.

B. When a position within Otero County becomes available, the following steps will be taken to ensure that current employees are considered for the vacant position:

(1) An announcement describing the position and noting the grade level will be posted in each department or office. In most cases, an announcement will be posted for a minimum of five workdays.

(2) Any employee possessing the minimum stated qualifications may apply for the position. This must be done prior to the closing date indicated on the announcement.

§ 58-4.2 Demotion.

An employee may be demoted to a position for which the employee is qualified when the employee would otherwise be terminated because the employee's position is being abolished due to lack of funds or lack of work and there are no appropriate vacancies at the same level; when the employee's job is being reclassified; when the employee does not demonstrate the necessary ability to render satisfactory performance in the position presently held, or when the employee voluntarily requests such a demotion, provided there is a position available.

§ 58-4.3 Transfers.

A. General transfer. An employee may be moved from one position to another of the same grade and pay range either voluntarily or involuntarily. An employee may be transferred if it is in the best interest of the County. Involuntary transfers are not eligible for grievance procedures. Shifting department or office needs may require that an employee be temporarily or permanently transferred from one geographic location to another within a department or office. An employee may be transferred from one position to another position at the same salary range within a department or office. If such a transfer involves a probationary employee, time served in the former position shall be credited toward achievement of regular full-time status and salary increases, and accumulated annual and sick leave shall be retained.

B. Transfers between departments. An employee that voluntarily requests a transfer from one department to a vacant position in another department may be required to accept the new position at its entry-level salary depending on their experience and qualifications required for the new position. The department head or elected official in the receiving department or office must consent to the transfer in order for it to be effective and may require a probationary period, not to exceed six months.

§ 58-4.4 Resignation.

An employee voluntarily resigning shall submit, in writing, a two-week minimum notice of resignation. Failure to provide this written notice may be grounds for refusal of future employment with Otero County. Unauthorized absence from work for a period of three consecutive regularly scheduled working days shall be considered a voluntary resignation.

§ 58-4.5 Procedure for workforce reduction.

A. After consultation with the elected official, the County Manager shall make the determination for layoffs. When layoffs of more than one employee are required, pursuant to workforce reductions, layoffs shall be determined using the following criteria:

(1) Temporary or part-time employees.

(2) Contract employees/independent contractor employee services.

(3) Performance of employee compared to other employees being laid off in same/similar positions.

(4) Value of the employee to the critical operation of the County or department.

(5) Length of service with the County.

B. Termination because of a reduction in force is not eligible for grievance procedures.

§ 58-4.6 Layoff return privileges.

Any full-time employee who is laid off and returns within six months of layoff shall not have to serve a probationary period if the employee returns to their previous position. A laid-off returning employee will be credited for all unused sick leave remaining at the time of layoff if the employee returns within the six-month period and serves for three continuous years. Layoff return privileges end:

A. Six months after the effective layoff date;

B. After an employee has refused employment in a position for which the employee is qualified and/or for which the pay rate is the same or higher than the position previously held;

C. When a laid off employee accepts another position with the County. A laid-off employee accepting another position with the County shall serve the required probationary period.

§ 58-4.7 Medical disability termination.

Employees may be involuntarily terminated upon completion of the twelve-week family/medical leave if the employee is physically unable to perform the essential duties of the employee's position as certified by a qualified, licensed physician. The provisions of this paragraph are subject to the provisions regarding Workers' Compensation Laws and On the Job Injury Leave found in §§ 58-9.11 and 58-9.12 of this chapter.

§ 58-4.8 Reinstatement.

Individuals that are rehired or reinstated as a regular employee are not entitled to any previous benefits such as sick leave, which may have been accrued during previous employment with the County.

§ 58-4.9 Employee job performance evaluations.

A. Job performance evaluations will be conducted yearly for each employee employed by Otero County. Department heads/elected officials will provide each employee under their management with an evaluation of performance. Performance evaluations shall be created by department heads/elected officials based, at a minimum, upon the following criteria:

(1) Job description.

(2) Professionalism.

(3) Training.

(4) Professional/personal achievements.

(5) Recommendations for future employee performance.

(6) Recommendations for future professional development.

B. For all employees not in a probationary period, evaluations will be performed a minimum of once a year or as deemed necessary by the department head/elected official. For employees within the probationary period, an evaluation will be completed at six months into the probationary period and an evaluation will be completed prior to the employee completing their probationary period. Employees shall receive copies of evaluations and be provided an opportunity to give written comments on the evaluations. Evaluations shall be signed by management, acknowledged by the employee and placed in the employee's personnel file.