HOUSE BILL 300
56th legislature - STATE OF NEW MEXICO - first session, 2023
Joy Garratt and Christine Chandler and
Patricia Roybal Caballero
RELATING TO PUBLIC EMPLOYEES; REQUIRING POLICY ENABLING PUBLIC EMPLOYEES TO TELEWORK; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 10, Article 7 NMSA 1978 is enacted to read:
"[NEW MATERIAL] PUBLIC EMPLOYEE TELEWORK POLICY.--Notwithstanding any statute or rule to the contrary, public employees shall be eligible to perform the public employees' work duties via telework; provided that specific work tasks do not require the employees' presence in a specific work site provided by the agency employing the employee."
SECTION 2. Section 10-9-13 NMSA 1978 (being Laws 1961, Chapter 240, Section 9, as amended) is amended to read:
"10-9-13. RULES--ADOPTION--COVERAGE.--Rules promulgated by the board shall be effective when filed as required by law. The rules shall provide, among other things, for:
A. a classification plan for all positions in the service;
B. a pay plan for all positions in the service;
C. competitive entrance and promotion tests to determine the qualifications, fitness and ability of applicants to perform the duties of the position for which they apply. Such rules shall also provide for the awarding to those applicants having a passing grade of two preference points for each year of residency in New Mexico not to exceed a total of ten preference points;
D. exemption from competitive entrance tests for those professional persons applying for classified positions in the service who possess recognized registration or certification by another state agency;
E. a period of probation of one year during which a probationer may be discharged or demoted or returned to the eligible list without benefit of hearing;
F. the establishment of employment lists for the certification of the highest standing candidates to the prospective employers and procedure to be followed in hiring from the lists;
G. hours of work, holiday and leave;
H. dismissal or demotion procedure for employees in the service, including presentation of written notice stating specific reasons and time for the employees to reply thereto, in writing, and appeals to the board;
I. the rejection of applicants who fail to meet reasonable requirements as to age, physical condition, training, experience or moral conduct; [and]
J. employment of any apparently qualified applicant for a period of not more than ninety days when an emergency condition exists and there are no applicants available on an appropriate employment list as provided in Subsection F of this section. The applicant, if employed, shall be paid at the same rate as a comparable position covered by the Personnel Act; and
K. a plan for telework under which an employee performs the duties and responsibilities of the employee's position from an approved work site other than the employee's assigned position location during any part of regular paid hours, including from an employee's residence."
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