N.M. Admin. Code § 10.12.10.9

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

Section 10.12.10.9 - REDUCTION IN FORCE

A. The department may lay off employees only for deletion of positions, shortage of work or funds, or other reasons that do not reflect discredit on the services of the employees.

B. The human resource director shall identify organizational units for purposes of a layoff and submit a written plan to the chief. Such organizational units may be recognized on the basis of geographic area, function, funding source, or other factors. The human resource director must define the classifications affected within the organizational unit.

C. Upon chief approval of a layoff plan, the department shall initiate a right of first refusal within the agency. All employees affected by the layoff shall be provided the following rights:

(1) employees to be affected by the reduction in force (RIF) shall be provided the right of first refusal to any position to be filled within the department for which they meet the established requirements, at the same or lower midpoint than the midpoint of the position the employee currently holds, unless there is an actual layoff candidate exercising RIF rights for that position;

(2) affected employees shall compete only with other department employees affected by the reduction in force;

(3) the list of eligible candidates for the open positions shall be comprised of those affected employees meeting the established requirements of the position;

(4) employees shall have 11 calendar days from the date of an offer to accept the position unless otherwise agreed; employees who do not accept an offer shall not lose the right of first refusal status to other positions; and

(5) the right of first refusal shall extend until the first effective date of layoff as defined in the plan.

D. The order of layoff due to reduction in force shall be by service date which is determined based upon the agency hire date. In the event of a tie, the human resource director or chief shall determine an appropriate mechanism for breaking the tie.

E. No employee in career status shall be laid off while there are term, probationary, emergency or temporary status employees in the same classification in the same organizational unit.

F. Employees in career status shall be given at least 14 calendar day's written notice of layoff. Notice shall be served by certified mail.

N.M. Admin. Code § 10.12.10.9

Adopted by New Mexico Register, Volume XXVI, Issue 13, July 15, 2015, eff. 7/1/2015