N.M. Admin. Code § 1.7.1.7 - DEFINITIONS
A.
"Anniversary date" means the date of hire or reemployment and is
changed as of the date of promotion, demotion, reduction, or transfer. The
assignment of an employee to a new classification which best represents the job
performed by the employee does not affect the employee's anniversary date. The
state personnel office (SPO) director shall resolve disputes over how an
anniversary date is derived.
B.
"Applicant" means any person, who has applied for a position in
the classified service.
C.
"Appointment" means the assumption of job duties by a candidate
who was offered and then accepted a classified position in a state
agency.
D.
"Audit"
means an examination or inspection of an agency's personnel and human resources
functions and activities, including but not limited to personnel transactions,
recruitment, leave administration, collective bargaining agreement
administration, and completion of personnel evaluations.
E.
"Break in employment" means
any period of time of at least one workday of not being in the classified
service.
F.
"Candidate" means any applicant who is on the employment list for
a position.
G.
"Classified
service" means all positions in the executive branch of state government
which are not exempt by law.
H.
"Classification" means a job that is occupationally and
quantifiably distinct.
I.
"Compa-ratio" means pay expressed as a percentage of the midpoint
of a pay band.
J.
"Demotion" means an involuntary downward change for disciplinary
reasons with a reduction in pay within an employee's pay band or from a
classified position in one pay band to a classified position in a lower pay
band with a reduction in pay, and/or removal of supervisory responsibilities
and pay for disciplinary reasons.
K.
"Disciplinary action" means
any action taken by an agency to influence change in an employee's performance
or behavior to the expected standard, including suspensions, demotions and
dismissals.
L.
"Dismissal" means the involuntary separation from
employment.
M.
"Diversity in
the workplace" means an acknowledgment of all people in the workplace
equally, regardless of their differences. Agencies' management of diversity
will ensure that efforts are made to adapt to and accept the importance of all
individuals who fall within a group identified for protection under equal
employment laws and regulations.
N.
"Domestic partner" means two individuals who have shared a common,
primary residence for at least 12 consecutive months, sign an affidavit of
domestic partnership, and meet all of the following criteria:
(1) Both domestic partners must be
unmarried.
(2) Domestic partners
must have been in a mutually exclusive relationship, intending to do so
indefinitely, and the relationship is similar to a marriage relationship in the
state of New Mexico.
(3) Domestic
partners must meet the age requirements for marriage in New Mexico (18 years of
age) and be mentally competent to consent to contract.
(4) Domestic partners must not be related by
blood to the degree prohibited in a legal marriage in the state of New
Mexico.
(5) Domestic partners must
be jointly responsible for the common welfare of each other and share financial
obligations.
(6) Domestic partner
must not be a member of another domestic partnership; nor have been so during
the past 12 months. If domestic partnership dissolves and the same two people
want to become partners again, they must once again meet the 12-month
requirements.
(7) Domestic partners
must provide proof of one of the following: joint mortgage or lease; joint
ownership of a motor vehicle; joint bank account; joint credit account;
domestic partner named as beneficiary of life insurance; domestic partner named
as beneficiary of retirement benefits; domestic partner named as primary
beneficiary in the employee's will; domestic partner assigned durable property
or health care power of attorney; or documentation of sharing of household
expenses by both partners.
O.
"Employment list" the list of
names of candidates referred to a hiring manager by the agency's human
resources, from which a candidate may be selected for an interview, and from
which a candidate may be selected for appointment.
P.
"Employment records" means
documents that contain information related to a person's employment or
application for employment.
Q.
"Examination" means assessment of qualifications, knowledge,
skills, and abilities of an applicant.
R.
"Exempt service" means all
positions in the executive branch of state government exempt from the
classified service by law.
S.
"Filed" means received by the office.
T.
"Involuntary separation"
means involuntary removal of an employee from the classified service without
prejudice as provided for in
1.7.10.13 NMAC.
U.
"Line authority" means the
assignment of activities or approval authority by the SPO director to state
personnel office staff or an agency in a manner that does not relinquish the
SPO director's administrative oversight or authority.
V.
"Manager" means an employee
in a position that manages internal staff or external staff, or who plans,
organizes, integrates, coordinates, and controls the activities of others. A
manager also is held accountable for the performance of people, services,
systems, programs, projects and resources and can change their direction,
objectives and assignments to meet performance and business needs.
W.
"Midpoint" means the salary
midway between the minimum and maximum pay rates of a pay band for positions in
the classified service. Midpoint represents a compa-ratio value of 1.00 or one
hundred percent.
X.
"Minimum
qualifications" means requirements approved by the board that must be
met to be considered for a position.
Y.
"Office" means the state
personnel office.
Z.
"Pay
band" means the range of pay rates, from minimum to maximum.
AA.
"Promotion" means the change
of an employee from a classified position in one pay band to a classified
position in a higher pay band.
BB.
"Reduction" means a voluntary change without prejudice, within an
employee's pay band, or from a classified position in one pay band to a
classified position in a lower pay band.
CC.
"Relation by blood or marriage
within the third degree" includes spouse, domestic partner, parent,
mother-in-law, father-in-law, step-parent, children, domestic partner children,
son-in-law, daughter-in-law, step-child, brother, step-brother, brother-in-law,
sister, step-sister, sister-in-law, grandparent, grandchild, uncle, aunt,
nephew, niece, great-grandchild, and great-grandparent.
DD.
"Resignation" means the
voluntary separation of an employee from the classified service.
EE.
"Rules" means the rules and
regulations of the personnel board.
FF.
"Service of Notice" shall be
complete on the date the notice is mailed via certified mail to the address of
record, delivered to a courier for delivery to the address of record, or hand
delivered.
GG.
"Signature" means handwritten or electronic signature(s), provided
that the mechanism for electronic signatures is approved for use by the SPO
director, provides for authentication, and otherwise complies with the Uniform
Electronic Transactions Act, Sections
14-16-1 to 21 NMSA 1978.
HH.
"Status" means all of the
rights and privileges of an appointment.
II.
"Supervisor" means an
employee in a non-manager classification who devotes a substantial amount of
work time to supervisory duties, regularly directs the work of other employees
and has the authority in the interest of the employer to hire, promote,
evaluate the performance of, or discipline other employees or to recommend such
actions effectively, but does not include an individual who performs merely
routine, incidental or clerical duties, or who occasionally assumes supervisory
or directory roles or whose duties are substantially similar to those of
subordinates, and does not include lead employees, employees who participate in
peer review or occasional employee evaluation programs.
JJ.
"Suspension" means an
involuntary leave of absence without pay for disciplinary reasons for a period
not to exceed 30 calendar days.
KK.
"Transfer" means the movement of an employee from one position to
another in the same pay band without a break in employment.
LL.
"Without prejudice" means a
declaration that no rights or privileges of the employee concerned are waived
or lost except as may be expressly conceded or decided.
MM.
"Writing or written" means
in the written form and/or an alternative format, where deemed appropriate, and
when requested, including electronic records that comply with the Uniform
Electronic Transactions Act, Sections
14-16-1 to 21 NMSA 1978.
Notes
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