N.M. Admin. Code § 1.8.4.17

Current through Register Vol. 35, No. 21, November 5, 2024

Section 1.8.4.17 - ENFORCEMENT AND INTERPRETATION

A. Violations of the provisions of this code of conduct shall constitute cause for dismissal, demotion or suspension as provided by Subsection C of Section 10-16-11 NMSA 1978.

B. This agency shall circulate this code of conduct to all agency officers and employees, require signed acknowledgements that all the agency officers and employees have read this code, and establish a written internal complaint procedure by which employees can seek to remedy violations of the provisions of this agency's code of conduct.

C. Agency complaint procedures shall:

(1) provide the respondent to a complaint notice of the complaint and an opportunity to be heard;

(2) be made available to all officers and employees of the agency;

(3) ensure that officers and employees have the right to present or make known their complaints, free from interference, restraint, discrimination, coercion, or reprisal;

(4) ensure that adjudication of internal agency complaints accord with due process; and

(5) utilize alternative methods of dispute resolution, including mediation, wherever appropriate to resolve conflicts in the workplace and encourage positive working relationships among officers and employees.

D. If an agency adopts a code of conduct that mirrors provisions set forth in 1.8.4 NMAC, then any officer or employee of the adopting agency may request an advisory opinion from the state ethics commission regarding the interpretation or application of any adopted code provision pursuant to Subsection A of Section 10-16G-8 NMSA 1978.

E. Any remedy or discipline available through internal agency complaint procedures established under this provision does not preclude other remedies or sanctions available at law.

N.M. Admin. Code § 1.8.4.17

Adopted by New Mexico Register, Volume XXXI, Issue 24, December 29, 2020, eff. 1/1/2021