HOUSE BILL 469
56th legislature - STATE OF NEW MEXICO - first session, 2023
Rod Montoya and T. Ryan Lane and Greg Nibert
RELATING TO DISTRICT ATTORNEYS; PROVIDING THAT THE ANNUAL SALARIES FOR DISTRICT ATTORNEYS SHALL BE ESTABLISHED BY THE LEGISLATURE; PROVIDING FOR COVERED POSITIONS TO BE DEFINED BY THE NEW MEXICO DISTRICT ATTORNEY ASSOCIATION PERSONNEL AND COMPENSATION PLAN; REPEALING SECTIONS 36-1-1, 36-1-21 AND 36-1A-14 NMSA 1978 (BEING LAWS 1909, CHAPTER 22, SECTION 1, LAWS 1889, CHAPTER 56, SECTION 11 AND LAWS 1991, CHAPTER 175, SECTION 14, AS AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 36-1-6 NMSA 1978 (being Laws 1976 (S.S.), Chapter 18, Section 1, as amended) is amended to read:
"36-1-6. DISTRICT ATTORNEYS--SALARIES.--
[A. For fiscal year 2000, district attorneys who serve in a district that does not include a class A county within the district shall receive an annual salary of seventy-four thousand four hundred eighty-one dollars ($74,481) and district attorneys who serve in a district that includes a class A county within the district shall receive an annual salary of seventy-eight thousand four hundred one dollars ($78,401).
B. For fiscal year 2001 and all subsequent fiscal years] The annual salary for district attorneys shall be established by the legislature in an appropriations act."
SECTION 2. Section 36-1A-3 NMSA 1978 (being Laws 1991, Chapter 175, Section 3) is amended to read:
"36-1A-3. DEFINITIONS.--As used in the District Attorney Personnel and Compensation Act:
A. "appeal" means a formal request for a full hearing before the board or authorized hearing officer to review a disciplinary action solely involving suspension, demotion or termination of a covered employee in a district attorney's office;
B. "board" means the district attorney personnel review board;
C. "class specification" means a written statement of the duties and responsibilities characteristic of a class of positions and includes the class title, supervision exercised and received, guidelines available, examples of work performed, working conditions and minimum qualifications or substitutions thereof that specify education, training, health, experience, knowledge, abilities and skills required for a position;
D. "classification series" means a group of class specifications or employment positions similar enough in powers and responsibilities that they can be covered by similar qualifications and titles. A classification series may consist of many levels, starting with the entry level position and advancing upward in duties, complexity, authority and responsibility;
E. "compensation plan" means a plan that establishes for each class in the plan a salary range that consists of at least minimum and maximum salaries, as authorized by the legislature;
F. "covered employee" means a person in a full-time or part-time covered position who has successfully completed the probationary period and is covered by all provisions of the District Attorney Personnel and Compensation Act;
G. "covered position" means any position within a district attorney's office except [the positions of district attorney, attorney, district office manager and special program director] those at will positions in the New Mexico district attorney association personnel and compensation plan;
H. "disciplinary action" means a suspension, demotion or dismissal of a covered employee;
I. "district attorneys" means the [present] current fourteen duly elected district attorneys, or a substitute appointee for one of them, plus any additional elected district attorneys or future appointees created after the effective date of the District Attorney Personnel and Compensation Act;
J. "employee" means a person in a full-time or part-time position in a district attorney's office, but shall not be construed to include district attorneys;
K. "performance evaluation" means the written appraisal of an employee's performance of assigned duties;
L. "position" means any position in a district attorney's office; and
M. "probationary employee" means a person who is appointed to a covered position but who has not yet completed the probationary period."
SECTION 3. Section 36-1A-4 NMSA 1978 (being Laws 1991, Chapter 175, Section 4) is amended to read:
"36-1A-4. COVERAGE OF SERVICE--EXEMPTIONS.--
A. The District Attorney Personnel and Compensation Act shall cover all employees; [except only covered] however, at will employees shall not be entitled to utilize grievance procedures and the appeals provisions in Section [9 of the District Attorney Personnel and Compensation Act] 36-1A-9 NMSA 1978.
B. [The positions of attorney, district office manager and special program director are "at will" positions that] "At will" positions shall be defined in the New Mexico district attorney association personnel and compensation plan. "At will" positions shall serve at the pleasure of the district attorney."
SECTION 4. Section 36-1A-5 NMSA 1978 (being Laws 1991, Chapter 175, Section 5) is amended to read:
"36-1A-5. PERSONNEL BOARD--APPOINTMENT.--There is created the "district attorney personnel review board". The board shall consist of five district attorneys, including a president, vice president, secretary-treasurer and two voting members, all elected [annually] every two years by the district attorneys."
SECTION 5. REPEAL.--Sections 36-1-1, 36-1-21 and 36-1A-14 NMSA 1978 (being Laws 1909, Chapter 22, Section 1, Laws 1889, Chapter 56, Section 11 and Laws 1991, Chapter 175, Section 14, as amended) are repealed.
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