N.M. Admin. Code § 10.4.1.8

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

Section 10.4.1.8 - COVERAGE OF SERVICE

A. Covered employees.

(1) Employees holding covered positions affected by the District Attorney Personnel and Compensation Act shall be recognized as covered employees if they have successfully completed the probationary period.

(2) Once an employee in a covered position attains covered status, they shall retain that status as long as they remain in, transfer to, or are promoted into a covered position without a break in employment. Nothing in the District Attorney Personnel and Compensation Act shall preclude the reclassification or reallocation of any position held by an employee.

B. At will employees.

(1) The positions of attorney, district office manager and special program director are at will positions that serve at the pleasure of the district attorney.

(2) Such at will employees shall have no property interest in the continued position and may be dismissed with or without cause.

C. Probationary employees.

(1) A probationary appointment is the placement of an applicant into a position designated as covered.

(2) A probationary period of one (1) year from the date of hire is required of all employees in covered positions. If leave without pay is taken during the probationary period, the probationary period may be extended by the number of days of leave taken within the applicable one (1) year period.

(3) Probationary employees may be terminated at any time by the district attorney.

(4) Probationary employees have no rights to utilize grievance procedures and the appeals provisions in this rule.

(5) The covered status of a probationer begins the day following the end of the probationary period.

(6) All probationary employees shall be evaluated prior to the end of their probationary period utilizing the approved performance appraisal form.

(7) The district attorney is responsible for taking action on the status of probationary employees prior to the end of the probationary period.

(8) An employee transfer to another district attorney's office will result in a new probationary period as defined in this subsection.

N.M. Admin. Code § 10.4.1.8

10.4.1.8 NMAC - Rp, NMDAA 91-1.5.03, 6/30/2010