0001| HOUSE BILL 349
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| LUCIANO "LUCKY" VARELA
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO DISTRICT ATTORNEYS; CREATING THE DISTRICT
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0012| ATTORNEYS' EMPLOYEES GRIEVANCE BOARD; PRESCRIBING POWERS AND
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0013| DUTIES; PROVIDING GROUNDS FOR GRIEVANCE; AMENDING, REPEALING
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0014| AND ENACTING SECTIONS OF THE NMSA 1978.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. A new section of the District Attorney
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0018| Personnel and Compensation Act is enacted to read:
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0019| "[NEW MATERIAL] DISTRICT ATTORNEYS' EMPLOYEES GRIEVANCE
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0020| BOARD CREATED.--
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0021| A. The "district attorneys' employees grievance
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0022| board" is created. The president of the district attorneys'
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0023| association shall appoint the members of the board. The
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0024| grievance board shall be composed of a deputy district
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0025| attorney, the personnel director of the administrative office
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0001| of the district attorneys and three full-time employees of a
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0002| district attorney's office. No two members shall be employed
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0003| by the same district attorney. The grievance board shall
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0004| select a chairman from its membership on an annual basis.
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0005| B. All grievance board members shall be appointed
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0006| for a term of two years.
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0007| C. If any grievance board member is employed by the
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0008| same district attorney as the appellant in an appeal, that
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0009| member shall be disqualified and an alternate member shall be
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0010| named by the chairman. If the appellant in an appeal is an
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0011| employee of the chairman of the grievance board, the president
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0012| of the district attorneys' association shall name a chairman
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0013| pro tempore to preside over the appeal.
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0014| D. If the personnel director of the administrative
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0015| office of the district attorneys is unable to serve in a
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0016| particular appeal, the president of the district attorneys'
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0017| association shall name a personnel officer from another state
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0018| agency to participate as a grievance board member in the
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0019| appeal.
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0020| E. Grievance board members may be reimbursed for
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0021| per diem and mileage in accordance with the Per Diem and
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0022| Mileage
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0023| Act."
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0024| Section 2. Section 36-1A-3 NMSA 1978 (being Laws 1991,
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0025| Chapter 175, Section 3) is amended to read:
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0001| "36-1A-3. DEFINITIONS.--As used in the District Attorney
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0002| Personnel and Compensation Act:
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0003| A. "appeal" means a formal request for a full
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0004| hearing before the grievance board [or authorized hearing
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officer] to review a disciplinary action solely involving
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0006| suspension, demotion, [or] termination or any action that
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0007| results in an economic loss to an employee, including matters
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0008| involving leave, of a covered employee in a district
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0009| attorney's office;
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0010| B. "board" means the district attorney personnel
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0011| review board;
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0012| C. "class specification" means a written statement
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0013| of the duties and responsibilities characteristic of a class of
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0014| positions and includes the class title, supervision exercised
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0015| and received, guidelines available, examples of work performed,
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0016| working conditions and minimum qualifications or substitutions
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0017| thereof that specify education, training, health, experience,
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0018| knowledge, abilities and skills required for a position;
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0019| D. "classification series" means a group of class
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0020| specifications or employment positions similar enough in powers
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0021| and responsibilities that they can be covered by similar
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0022| qualifications and titles. A classification series may consist
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0023| of many levels, starting with the entry level position and
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0024| advancing upward in duties, complexity, authority and
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0025| responsibility;
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0001| E. "compensation plan" means a plan that
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0002| establishes for each class in the plan a salary range that
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0003| consists of at least minimum and maximum salaries, as
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0004| authorized by the legislature;
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0005| F. "covered employee" means a person in a full-time
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0006| or part-time covered position who has successfully completed
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0007| the probationary period and is covered by all provisions of the
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0008| District Attorney Personnel and Compensation Act;
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0009| G. "covered position" means any position within a
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0010| district attorney's office except the positions of district
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0011| attorney, attorney, district office manager and special program
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0012| director;
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0013| H. "disciplinary action" means a suspension,
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0014| demotion, [or] dismissal or any action that results in an
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0015| economic loss to an employee, including matters involving
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0016| leave of a covered employee;
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0017| I. "district attorneys" means the [present]
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0018| current fourteen duly elected district attorneys, or a
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0019| substitute appointee for one of them, plus any additional
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0020| elected district attorneys or future appointees created after
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0021| the effective date of the District Attorney Personnel and
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0022| Compensation Act;
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0023| J. "employee" means a person in a full-time or
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0024| part-time position in a district attorney's office, but shall
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0025| not be construed to include district attorneys;
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0001| K. "grievance board" means the district attorneys'
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0002| employees grievance board;
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0003| [K.] L. "performance evaluation" means the
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0004| written appraisal of an employee's performance of assigned
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0005| duties;
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0006| [L.] M. "position" means any position in a
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0007| district attorney's office; and
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0008| [M.] N. "probationary employee" means a person
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0009| who is appointed to a covered position but who has not yet
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0010| completed the probationary period."
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0011| Section 3. Section 36-1A-7 NMSA 1978 (being Laws 1991,
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0012| Chapter 175, Section 7) is amended to read:
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0013| "36-1A-7. BOARD--DUTIES.--The board shall:
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0014| A. recommend to the district attorneys regulations
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0015| necessary or appropriate to implement and administer the
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0016| District Attorney Personnel and Compensation Act;
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0017| B. determine the qualifications for each class
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0018| specification or classification series, including required
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0019| levels of education, experience, special skills and legal
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0020| knowledge;
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0021| C. prepare class specifications to be performed in
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0022| each class of positions;
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0023| D. recommend a compensation plan of pay ranges to
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0024| which class specifications and classification series are
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0025| assigned, subject to legislative appropriations;
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0001| [E. hear appeals solely involving suspension,
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demotion or termination of a covered employee, and render its
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final decision, unless the covered employee elects under
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Section 9 of the District Attorney Personnel and Compensation
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Act to have the appeal heard by a state-personnel-office-
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designated hearing officer;
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F.] E. make periodic reviews of the personnel
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0008| regulations, classification plan and compensation ranges that
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0009| govern employees to ensure that all federal action, legislative
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0010| mandates and other substantive changes are incorporated into
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0011| the regulations in a timely fashion and make recommendations
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0012| thereon to the district attorneys;
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0013| [G.] F. recommend to the district attorneys to
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0014| contract for services of consultants necessary to perform a
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0015| compensation or classification plan of all district attorney
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0016| positions, subject to legislative appropriation; and
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0017| [H.] G. consider other personnel matters as
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0018| designated by the district attorneys, except appeals of
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0019| disciplinary actions."
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0020| Section 4. Section 36-1A-8 NMSA 1978 (being Laws 1991,
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0021| Chapter 175, Section 8) is amended to read:
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0022| "36-1A-8. RULES--ADOPTION--COVERAGE.--
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0023| A. Personnel rules shall be promulgated by the
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0024| district attorneys and shall be effective when filed as
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0025| required by law.
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0001| B. The personnel rules of the district attorneys
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0002| shall include provisions governing:
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0003| (1) a classification plan for all positions;
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0004| (2) a compensation plan for all positions;
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0005| (3) a reasonable period of probation during
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0006| which a probationary employee may be discharged, demoted or
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0007| transferred without benefit of hearing;
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0008| (4) hours of work requirements and holiday,
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0009| overtime and leave policies;
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0010| (5) the evaluation of performance of employees
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0011| for the purpose of improving staff effectiveness;
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0012| (6) any reduction in force needed due to lack
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0013| of funds or work, abolition of a position, material change in
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0014| duties or reorganization;
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0015| (7) promotions or transfers, which shall give
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0016| appropriate consideration to the applicant's qualifications,
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0017| skills, job performance and duties; and
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0018| (8) a disciplinary procedure, which shall
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0019| provide for an equitable response to infractions of rules or
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0020| work performance standards [and
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(9) an appeal process to review a disciplinary
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action solely involving suspension, demotion or termination]."
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0023| Section 5. Section 36-1A-9 NMSA 1978 (being Laws 1991,
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0024| Chapter 175, Section 9) is repealed and a new Section 36-1A-9
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0025| NMSA 1978 is enacted to read:
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0001| "36-1A-9. [NEW MATERIAL] APPEALS BY COVERED EMPLOYEES
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0002| TO THE GRIEVANCE BOARD.--
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0003| A. The grievance board shall adopt rules and
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0004| regulations for the internal resolution of disputes concerning
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0005| dismissal, demotion, suspension or an action that results in
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0006| economic loss within each district attorney's office. Such
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0007| rules shall be distributed to each district attorney and notice
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0008| of them shall be given to all employees. The director of the
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0009| administrative office of the district attorneys shall
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0010| promulgate forms for all grievance procedures.
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0011| B. A covered employee who is dismissed, demoted,
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0012| suspended or is the subject of an action that results in an
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0013| economic loss, including matters of leave, may, within thirty
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0014| days after exhaustion of all internal remedies, appeal the
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0015| dismissal, demotion, suspension or action resulting in economic
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0016| loss to the grievance board.
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0017| C. Appeals shall be heard by the grievance board.
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0018| The chairman of the grievance board shall, within ninety days,
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0019| set the appeal down for hearing at a time and place convenient
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0020| to the parties. The chairman of the grievance board shall
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0021| preside over and take evidence at any hearing held pursuant to
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0022| this section. The appellant and the affected district attorney
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0023| shall have the right to be heard publicly and to present facts
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0024| pertinent to the appeal. The appellant may be represented by
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0025| counsel of his choice at his own expense. Three members of the
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0001| grievance board shall constitute a quorum to transact business.
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0002| The grievance board shall render a final decision on the
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0003| appeal, which shall include findings of fact and conclusions of
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0004| law. The grievance board's decision shall be binding.
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0005| D. Formal rules of evidence shall not apply to
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0006| appeals to the grievance board, but the chairman may limit
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0007| material that is repetitious or irrelevant.
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0008| E. A record shall be made of the hearing, which
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0009| shall be transcribed if there is an appeal to the district
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0010| court. The cost of transcript may be assessed by the court to
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0011| the losing party on appeal.
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0012| F. If the grievance board finds that the action
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0013| taken was without just cause, the grievance board may modify
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0014| the disciplinary action or order the reinstatement of the
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0015| appellant to his former position or to a position of like
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0016| status and pay. When the grievance board orders a
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0017| reinstatement of an appellant, the reinstatement shall be
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0018| effective within thirty days after the service of a written
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0019| copy of the decision on the affected district attorney. The
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0020| grievance board may award back pay as of the date of the
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0021| dismissal, demotion or suspension, as of such later date as the
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0022| order may specify, or may reinstate leave if that was the
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0023| nature of the grievance.
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0024| G. Any party aggrieved by the decision of the
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0025| grievance board may appeal the decision to the district court
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0001| in the district in which he resides, is employed or maintains
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0002| his principal office, or to the district court for the district
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0003| of Santa Fe county. The appeal shall be initiated by filing a
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0004| notice of appeal with the clerk of the appropriate district
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0005| court within thirty days after the service on that party of a
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0006| written copy of the final decision of the grievance board.
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0007| Upon appeal the district court shall affirm the decision of the
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0008| grievance board unless the decision is found to be:
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0009| (1) arbitrary, capricious or an abuse of
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0010| discretion;
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0011| (2) not supported by substantial evidence; or
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0012| (3) otherwise not in accordance with law.
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0013| H. An appeal from the decision of the district
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0014| court may be taken to the court of appeals in accordance with
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0015| the rules of civil procedure."
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0016| - 10 - State of New Mexico
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0017| House of Representatives
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0018|
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0019| FORTY-THIRD LEGISLATURE
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0020| FIRST SESSION, 1997
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0021|
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0022|
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0023| February 7, 1997
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0024|
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0025|
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0001| Mr. Speaker:
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0002|
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0003| Your JUDICIARY COMMITTEE, to whom has been referred
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0004|
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0005| HOUSE BILL 349
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0006|
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0007| has had it under consideration and reports same with
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0008| recommendation that it DO PASS.
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0009|
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0010| Respectfully submitted,
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0011|
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0012|
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0013|
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0014|
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0015|
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0016| Thomas P. Foy, Chairman
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0017|
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0018|
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0019| Adopted Not Adopted
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0020|
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023| Date
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0024|
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0025| The roll call vote was 7 For 0 Against
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0001| Yes: 7
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0002| Excused: Alwin, King, Larranaga, Luna, State of New Mexico
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0003| House of Representatives
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0004|
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0005| FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION, 1997
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0007|
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0008|
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0009|
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0010|
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0011|
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0012| Mr. Speaker:
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0013|
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0014| Your COMMITTEE, to whom has been
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0015| referred
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0016|
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0017|
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, amended as follows:
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0021|
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0022|
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0023|
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0024| and thence referred to the COMMITTEE.
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0025|
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0001| Respectfully submitted,
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0002|
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0003|
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0004|
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0005|
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0006|
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0007| , Chairman
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0008|
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0009|
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0010| Adopted Not Adopted
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0011|
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014| Date
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0015|
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0016| The roll call vote was For Against
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0017| Yes:
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0018| No:
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0019| Excused:
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0020| Absent:
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0021|
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0022|
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0023|
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0024| G:\BILLTEXT\BILLW_97\H0349Rios, Sanchez
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0025| Absent: None
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0001|
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0002|
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0003| G:\BILLTEXT\BILLW_97\H0349
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0004|
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0005| FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION, 1997
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0007|
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0008|
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0009| March 5, 1997
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0010|
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0011| Mr. President:
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0012|
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0013| Your JUDICIARY COMMITTEE, to whom has been referred
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0014|
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0015| HOUSE BILL 349
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO PASS, and thence referred to the
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0019| FINANCE COMMITTEE.
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0020|
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0021| Respectfully submitted,
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0022|
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0023|
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0024|
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0025|
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0001| __________________________________
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0002| Fernando R. Macias, Chairman
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0003|
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0004|
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0005|
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0006| Adopted_______________________ Not
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0007| Adopted_______________________
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010|
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0011| Date ________________________
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0012|
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0013|
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0014| The roll call vote was 6 For 0 Against
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0015| Yes: 6
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0016| No: 0
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0017| Excused: Lopez, Sanchez
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0018| Absent: None
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0019|
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0020|
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0021| H0349JU1
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0022|
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0023|
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION, 1997
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0002|
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0003|
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0004| March 12, 1997
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0005|
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0006| Mr. President:
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0007|
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0008| Your FINANCE COMMITTEE, to whom has been referred
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0009|
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0010| HOUSE BILL 349
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0011|
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0012| has had it under consideration and reports same with
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0013| recommendation that it DO PASS.
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0014|
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0015| Respectfully submitted,
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0016|
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0017|
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0018|
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0019|
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0020| __________________________________
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0021| Ben D. Altamirano, Chairman
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0022|
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0023|
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0024|
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0025| Adopted_______________________ Not
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0001| Adopted_______________________
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004|
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0005|
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0006| Date ________________________
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0007|
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0008|
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0009| The roll call vote was 6 For 0 Against
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0010| Yes: 6
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0011| No: None
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0012| Excused: Carraro, Fidel, Ingle, Lyons, McKibben
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0013| Absent: None
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0014|
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0015|
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0016| H0349FC1
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