A.
An employee hired to fill a regular classified position shall serve
a probationary period of 12 months, beginning on the first workday,
during which time the employee is terminable-at-will. The probationary
period is an integral part of the evaluation process and is utilized
for observing the employee's performance and obtaining the most
effective adjustment of a new employee to the position. The employee
must achieve a satisfactory performance or better by the end of the
twelve-month probationary period before the employee can become a
regular classified employee entitled to all of the rights and benefits
of that status. If the employee satisfactorily completes the probationary
period, the employee will become a regular employee. If the employee
does not satisfactorily complete the probationary period, the employee
will be terminated.
NOTE: The probationary period may be extended, at the discretion
of the County Manager, after consulting with the elected official,
or department head, for further evaluation if required.
B.
An employee hired to fill a regular classified law enforcement position
shall serve a minimum twelve-month probation period. During the probationary
period, the law enforcement employee shall obtain or be scheduled
for completion of the statutorily required law enforcement certification
for the position. Failure to obtain such certification or to be scheduled
for the academy within the twelve-month probationary period shall
bar the employee from becoming a full-time classified employee and
may result in the employee's dismissal. The probationary period
called for herein shall include a minimum of six months after the
date of the employee's certification.
C.
Additionally, a full-time classified employee may be put on probation
pursuant to the requirements of this section as part of a disciplinary
process. A probationary employee:
An employee who fills a temporary position and is subsequently
hired to fill a regular classified position shall serve the required
probationary period. The beginning date of the probationary period
is the date the employee changes from temporary to probationary status.
A former Otero County employee rehired at any time to fill a
position shall serve the required probationary period.
All employees:
A.
Are encouraged to register to vote.
B.
Have a right to express their opinion on all political subjects and
candidates.
C.
May serve as convention delegates.
D.
May sign nominating petitions and make voluntary contributions to
political organizations and participate in political activity.
E.
May serve as an election official, provided the employee is representing
the jurisdiction conducting the election rather than a political party.
All employees, elected officials, and Department heads are prohibited
from:
A.
Using official authority or influence for the purpose of interfering
with or affecting the result of an election or a nomination for office,
or for any other political purpose.
B.
Directly or indirectly coercing, attempting to coerce, commanding
or advising a state or local official or employee to pay, lend, or
contribute anything of value to a party, committee or organization,
agency, or person for a political purpose.
C.
Threatening to deny promotions to any employee who does not vote
for certain candidates, requiring employees to contribute part of
their pay to a political fund, influencing subordinate employees to
buy tickets to political fund-raisers and similar events, advising
employees to take part in political activity and matters of a similar
nature.
D.
Engaging in political activity while on duty.
E.
Using any County-owned equipment, supplies, vehicles, space or property
for political purposes.
Employees may not hold political office as an elected official
for Otero County, during employment with the County, except as provided
in provisions of the Hatch Act.
A.
In order to avoid the practice or appearance of nepotism in employment,
the following situations will be avoided without exception:
(1)
Immediate family shall not work in the same department when there
is a supervisory relationship between them. When there is a change
in assignment or relationships among County employees, which leads
to the supervision of or by other immediate family, the employee must
inform the elected official or department head, in writing, within
five working days. The supervisor or department head shall immediately
notify the County Manager and elected official, in writing. The County
Manager, after consulting with the elected official, will decide on
a course of action and advise the affected employees within five working
days of receipt of notification. Failure to inform the department
head, elected official or County Manager of the situation may result
in discipline. If the relationship will transgress the policy, the
County Manager shall determine the best course of action to be taken
for adhering to the policy upon consultation with the elected official.
B.
Any problem arising from such a situation should be referred to the
County Manager by the elected official or department head for review.
No employee shall engage in any business or transaction or accept
private employment or other public employment or public office which
is incompatible with the proper discharge of the employee's responsibilities,
or which gives the appearance of impropriety. Determination of a conflict
shall be made by the County Manager upon consultation with the elected
official.
Prior to accepting outside employment, an employee shall request,
in writing, permission to engage in outside employment or acquire
private interest in a business. Such employment or interests shall
not interfere with the efficient performance of his/her duties or
conflict, or give rise to suspicion of conflict with the interests
of the County, his/her department or office. The elected official
or department head will consult with the County Manager and document,
in writing, the underlying justification for approval or denial. The
elected official or department head shall indicate approval or disapproval
of the employee's outside employment on the letter submitted
by the employee. A copy of this letter will be forwarded to the personnel
office for placement in the employee's file.
The County will not tolerate disparaging conduct of verbal,
nonverbal and/or physical nature by any employee against another employee
on the grounds of race, color, sex, sexual orientation, gender identity,
religion, national origin, disability, age, spousal affiliation or
other protected classification. Anyone violating the provisions of
this section will be subject to disciplinary action up to, and including
termination. All employees are responsible for knowing and following
this policy.
A.
Otero County is committed to taking reasonable steps to provide a
professional working environment free from all forms of harassment,
whether based on sex, sexual orientation, gender identity, race, color,
religion, national origin, age, disability, spousal affiliation, or
any other protected classification. This means that verbal or physical
conduct that singles out, denigrates or shows hostility or aversion
toward someone because of race, religion, color, national origin,
age, disability, veteran status, citizenship or any other characteristic
protected by law is also prohibited.
B.
The County will not tolerate verbal or physical conduct by any employee
which harasses, disrupts or interferes with another employee's
work performance or which creates an intimidating, offensive or hostile
environment. This provision applies to all employees, elected officials
and volunteers. Any such behavior shall be reported immediately to
an affected employee's immediate supervisor, following the department's
chain of command, for guidance and a prompt, confidential investigation.
If the complaint involves the employee's immediate supervisor,
or if the problem continues, the employee may contact the County Manager
or his/her designee. Employees may be assured that appropriate corrective
measures will be taken and that there will be no retaliation for having
filed a complaint of harassment. The employee making the report shall
be informed of the findings and conclusions of investigations. Anyone
violating the provisions of this section will be subject to disciplinary
action up to, and including termination.
The County bases its determinations relative to employment,
training, compensation, and promotions on job-related qualifications
in compliance with Equal Employment Opportunity Commission laws and
regulations, which prohibit discrimination based on sex. Federal and
state laws make sexual harassment unlawful.
A.
Sexual harassment can occur in a variety of forms and is unlawful
discrimination. Sexual harassment in any form is strictly prohibited,
whether directed at employees, customers or others. It is the policy
of this County to ensure a work environment free of sexual harassment.
Unwelcome sexual advances, request for sexual favors, sexual demands,
or other verbal, nonverbal, physical, or visual conduct of a sexual
nature will constitute sexual harassment when:
(1)
Submission to the conduct is either an explicit or implicit
term or condition of employment.
(2)
Submission to or rejection of the conduct is used as a basis
for an employment decision.
(3)
The conduct has the purpose of affecting or unreasonably interfering
with an employee's work performance, or creating an intimidating,
hostile, or offensive work environment;
(4)
In third-party situations, one individual is offended by the
sexual interaction, conduct, or communications between others. The
County expects that employees will treat one another with courtesy,
dignity, and respect. Sexual harassment is a form of misconduct, which
constitutes a serious offense and subjects offenders to disciplinary
action, up to and including termination.
B.
The County will exercise reasonable care to prevent or correct any
sexually harassing behavior by providing training, by enacting this
policy, by launching prompt, thorough, and impartial investigations
of any complaints, and by enforcing appropriate disciplinary actions.
Each elected official, department head, and/or Supervisor is responsible
for complying with this policy and any victim of perceived harassment
is responsible for reporting sexual harassment complaints or observations
to the County Manager, elected official, Human Resources Director,
or County Attorney. In addition, each elected official, department
head, and/or Supervisor is responsible in distributing this policy
to all employees and, where appropriate, including in new employee
orientation material and publicizing in employee publications.
C.
To avoid misunderstandings about what might constitute sexual harassment,
the following examples are submitted, but are not all inclusive, of
what could constitute sexual harassment:
(1)
Repeated, unwanted social invitations.
(2)
Touch, e.g., hugs, brushing against, massages, fanny pats, hip-grinds,
and behavior that, if it occurred to a stranger on the street, would
subject the employee to charges of molestation, indecent exposure,
assault, or rape.
(3)
Sexual gestures or other offensive body movements, e.g., "the
finger," or grabbing personal areas of the body.
(4)
Sexually suggestive or abusive talk, e.g., dirty jokes, sexual
innuendoes, talking about body parts, and repeated, unwanted sexually
explicit invitations; bragging or speculating about one's own
or others' sexual performance.
(5)
Offensive printed or written materials, display of sexually
oriented visual items such as calendars, cartoons, photos or posters.
(6)
Discussing their sexual preference, sexual relationships or
even sexual matters seen on TV, YouTube, movies or other formats,
including books, magazines or any other electronic devices.
(7)
Any conduct that ridicules, or is malicious or abusive to the
individual because of the individual's gender, sex, sexual orientation,
gender identity, race, color, religion, national origin, age, disability,
spousal affiliation, or any other protected classification.
(8)
Asking employee questions of a sexual nature.
(9)
Threats or retaliation against an employee who refuses unwelcomed
sexual attention or sexual behavior.
(10)
Overt promises or practices that imply preferential treatment
for any employee in exchange for dates, sexual attention or sexual
behavior.
D.
The County will provide employees, supervisors, managers, and elected
officials sexual harassment prevention training, which explains prohibited
conduct, outlines the County's complaint procedure, and details
disciplinary and corrective actions. The County will not permit employment-based
retaliation against anyone who brings a complaint or speaks as a witness
in a sexual harassment investigation. Retaliation, reprisal, or other
adverse action for making a complaint or report of harassment in good
faith or for assisting in the investigation of any such complaint
is absolutely prohibited. Any incident of retaliation or intimidation
should be immediately reported to the County Manager, the highest-ranking
personnel officer or County Attorney and will subject the employee
to disciplinary action up to and including termination.
NOTE: Under no circumstances is a supervisor, department head,
or elected official authorized to investigate alleged violations of
this policy.
A.
Employees experiencing or witnessing sexual harassment must immediately
report it to the County Manager, highest ranking personnel officer
or County Attorney. Employees failing to report sexual harassment
may be subject to disciplinary action, up to and including termination.
The County Manager, highest ranking personnel officer, County Attorney,
or an outside party retained by County management shall promptly,
thoroughly, and impartially investigate any complaint or report of
any violation of this policy. Investigations will be initiated within
three working days after receipt of a complaint. To the extent possible,
the employee's confidentiality and that of any witness and the
alleged harasser will be protected against unnecessary disclosure.
However, the immediate supervisor, department head or elected official
shall be notified unless they are the alleged harasser. The County
will take prompt disciplinary and/or remedial action for violations
of this policy. Such discipline may range from a verbal warning to
termination from employment. The affected employee will be informed
of the findings when the investigation is complete. The County takes
complaints of violations of these provisions seriously. In addition,
false or dishonest complaints or reports are also a violation of these
provisions. The responsible party may be subject to disciplinary action,
up to and including termination.
B.
Nothing in this policy shall prohibit an employee from filing a complaint
directly with the Equal Employment Opportunity Commission (EEOC) or
the New Mexico Human Rights Division (NMHRD). This option may be used
when an employee feels he or she has not obtained relief from the
County. Employees are encouraged to seek consultation with the County
Manager, highest ranking personnel officer or County Attorney before
filing a formal complaint with the EEOC or NMHRD.
The County of Otero is a drug-free workplace and adopts this
policy in accordance with the Drug Free Workplace Act (41 U.S.C. § 701).
The Drug and Alcohol Policy applies to all county employees of Otero
County. This policy replaces any and all previous policies and practices.
This policy is effective immediately. Violation of this policy is
cause for dismissal from employment with the County.
A.
All County employees are strictly prohibited from:
(1)
Using or being under the influence of illegal drugs to any degree
during working hours or while actively engaged in the duties of employment,
including, but not limited to, lunch periods, breaks, or while on
call;
(2)
Consuming alcohol or having sufficient quantities of alcohol
in the employee's system to impair mental or bodily functions
to any degree during working hours or while actively engaged in the
duties of employment, including, but not limited to, lunch periods,
breaks, or while on call;
(3)
Using or being under the influence of prescription or over-the-counter
drugs during working hours or while actively engaged in the duties
of employment to the extent that the use of any such legal drug may
affect the safe and efficient performance of the employee's job
duties, or may endanger the safety of co-workers or members of the
public.
(4)
Possessing, selling, transferring, or purchasing of illegal
drugs or alcohol during working hours, while on County property, or
while operating County-owned vehicles or equipment. Possessing, selling,
transferring, or purchasing of illegal drugs or alcohol during working
hours, while on County property, or while operating County-owned vehicles
or equipment.
B.
Pre-employment.
(1)
All applicants for employment with the County will be required
to complete a pre-employment drug test as a condition for employment.
A certified licensed physician (Medical Review Officer-MRO) is responsible
for receiving all laboratory reports and reviewing those tests to
determine the validity of a positive test. Pre-employment job applicants
that test positive for a controlled substance will not be hired.
(2)
Any employee or applicant who tests positive for alcohol or
controlled substances will not be considered for employment by the
County for a minimum of one year from the date of testing.
C.
Drug and alcohol refusal and positive test result. Refusal of a drug
and alcohol test will lead to termination. Full-time or part-time
employees who test positive shall be subject to disciplinary action,
up to and including termination.
D.
Post-accident/injury testing.
(1)
All Otero County employees, while performing job duties, are
subject to post-accident or post-injury drug and alcohol testing.
(2)
Otero County shall conduct post-accident and post-injury drug
testing on all employees whose actions or conduct contributed to an
accident or injury and cannot be completely discounted as a contributing
factor to the accident. Testing will be conducted as soon as practical
after an accident or injury in accordance with the following:
(3)
Any person not reporting an accident shall be subject to disciplinary
action.
E.
Reasonable suspicion testing. Any employee may be drug/alcohol tested
based on a reasonable suspicion. The test must be based on specific,
contemporaneous, articulable, reliable observations concerning the
appearance, behavior, speech, or body odor of the employee.
F.
Random drug testing.
(1)
The County will randomly test at least 25% of safety-sensitive
employees from each department, each calendar year. A person may be
randomly selected more than once or not at all during the calendar
year.
(2)
Safety-sensitive positions include, but are not limited to:
Sheriffs Department, Road Department, Detention Center, Dispatch,
Emergency Services, Convenience Center and Wildlife Services. All
safety-sensitive employees will be placed in separate pools by department
and may be tested as often as monthly.
(3)
The County complies with the Department of Transportation (DOT)
rule, 49 CFR 40, which describes required procedures for conducting
workplace drug and alcohol testing for the federally regulated transportation
industry. Employees with commercial driver's licenses (CDLs)
are also subject to the testing requirements established by the Department
of Transportation. Random alcohol and/or substance abuse testing is
required for County CDL drivers on an unannounced basis in compliance
with these federal Department of Transportation (DOT) rules. Random
alcohol and/or substance abuse testing is characterized by randomly
selecting designated employees for drug and alcohol testing on an
unannounced basis.
(a)
Random selections are made using a scientifically valid method
that ensures each covered employee has an equal chance of being selected
each time a selection is made; thus, employees may be selected more
than once a year.
(b)
Random drug and alcohol tests will be conducted throughout the
year in an unpredictable pattern. Otero County reserves the right
to increase or decrease the frequency of testing based on its mission,
need, availability of resources, and experience in the program, consistent
with the duty to achieve a drug-free workplace.
(c)
The random selection process will be conducted in strict confidence
to ensure no employee is forewarned and the testing is unannounced.
A limited number of individuals will have knowledge of the random
selection to ensure confidentiality and the integrity of the testing
process.
(d)
Testing may be conducted any hour that employees are on duty.
(e)
An employee selected for random drug testing may obtain a deferral
of testing if the employee's supervisor concurs that a compelling
need necessitates a deferral. An employee who is in a leave status
or on an official travel status away from the test site may be a consideration
for a deferral of testing. An employee whose random drug test is deferred
will be subject to an announced test within the following 60 days.
(4)
The County reserves the right to make scheduled or random searches
of all sections of the premises generally accessible to employees
or the public and all vehicles owned or operated by Otero County.
G.
Written request. The employee may request, in writing, within five
calendar days from the date of final test results from the MRO for
any pre-employment, random, post-accident, or reasonable suspicion,
a retest of the same specimen at the employee's expense. The
employee may request the testing at a different laboratory, following
the proper chain of custody. The employee may also discuss positive
test results with the MRO and may provide a valid prescription for
a positive test result to the MRO.
H.
Drug-Free Workplace Act notification. Any employee convicted of a
drug or alcohol violation shall inform the Human Resources Director,
in writing, of the conviction no later than five calendar days after
the conviction. If required by the Drug-Free Workplace Act, the Human
Resources Director shall inform the appropriate federal agency of
the conviction. That employee shall automatically be subjected to
reasonable suspicion drug and alcohol testing for 60 months and must
complete an acceptable EAP rehabilitation program before returning
to work. Failure to notify the Human Resources Director may result
in termination.
I.
Authorized testing. Continued employment with the County necessitates
that an employee complies with the Drug-Free Workplace Act and this
policy. Refusal to submit to testing, refusal or failure to produce
an adequate specimen within two hours upon arrival at the collection
site, a positive test result, or tampering with a specimen is cause
for dismissal from employment.
J.
Confidentiality of records. All drug and alcohol testing information
is confidential and should be treated as such by anyone authorized
to review or compile records. The results of a drug/alcohol test of
Otero County employees may not be disclosed without prior written
consent of such employee unless the disclosure would be:
(1)
To the Medical Review Officer.
(2)
To the EAP administrator.
(3)
To any supervisor or management official within the County having
authority to take adverse personnel action against such employee.
(4)
Pursuant to the order of a court: of competent jurisdiction
or where required to defend against any challenge against any adverse
personnel action.
K.
Disciplinary action. Otero County has zero tolerance for drugs and
alcohol in the workplace. Any employees testing positive for a controlled
substance or a 0.04 alcohol level or greater or a refusal to take
a post-accident test, reasonable suspicion drug testing, or random
drug and alcohol testing shall be subject to disciplinary action up
to and including termination. If an employee tests positive for drugs
or alcohol, the employee will be placed on administrative leave pending
disciplinary action and/or rehabilitation alternatives.
L.
Employee Assistance Program. The County offers an Employee Assistance
Program (EAP) to all County employees. Employees may self-refer to
the program for help with an alcohol or drug problem. An employee
who self-refers may request to utilize accrued sick leave, annual
leave, or leave without pay during any treatment program, up to a
maximum of 12 weeks as per FMLA. Self-referral to the EAP is only
available to an employee prior to a drug or alcohol test being administered
to the employee, which results in a positive test result. Employees
who enter EAP are automatically deemed subject to reasonable suspicion
drug and alcohol testing for 60 months.
M.
Drug and alcohol concentrations. Concentrations of an illegal drug
or alcohol at or above the following levels [in nanogram/milliliter
(ng/ml)] shall be considered a positive test result after a confirmatory
GC/MS test of:
|
Substance
|
Level
(ng/ml)
|
|---|---|
|
Marijuana metabolite (THC)
|
50
|
|
Cocaine metabolite
|
150
|
|
Opiates
|
2,000
|
|
Codeine
|
2,000
|
|
Phencyclidine
|
25
|
|
Amphetamines
|
500
|
|
Methamphetamine
|
500
|
|
Alcohol/Ethanol
|
20
|
|
Benzodiazepine
|
200
|
|
Propoxyphene
|
150
|
N.
Permissive use of prescribed and over-the-counter drugs. The legal
use of prescribed and over-the-counter drugs is permitted while on
the premises of Otero County, while on duty, while conducting County-related
business or other activities off premises, while driving a County-owned
or -leased vehicle, or while operating or using other County-owned
or -leased property or equipment only if it does not impair an employee's
ability to perform the essential functions of the job (or operate
the vehicle, property or other equipment) effectively and in a safe
manner that does not endanger the employee, citizens or other individuals
in the workplace. Examples of impairment include, but are not limited
to, drowsiness, dizziness, confusion or feeling unsteady.
O.
Mandatory disclosure by employees. Employees taking prescription
medication and/or over-the-counter medication must report such use
to either their department head or the Human Resources Director if
there is a reasonable likelihood the medication will impair the employee's
ability to perform the essential functions of his/her job (or operate
a vehicle or other equipment, if applicable) effectively and in a
safe manner that does not endanger the employee, citizens or other
individuals in the workplace. Examples of impairment include, but
are not limited to, drowsiness, dizziness, confusion or feeling unsteady.
