BILL RICHARDSON

GOVERNOR

MARILYN L. HILL
DEPUTY SECRETARY

CONROY CHINO
SECRETARY

STATE OF NEW MEXICO DEPARTMENT OF LABOR
401 Broadway, NE PO Box 1928 Albuquerque, NM 87103 (505) 841-8409 / FAX (505) 841-8491

MARLIN MACKEY
DEPUTY SECRETARY

POLICY ISSUANCE NO. 3

DATE: TO: FROM: SUBJECT:

JANUARY 2, 2006 ALL NMDOL EMPLOYEES CONROY CHINO, SECRETARY DISCIPLINE PURPOSE

To establish a policy by which disciplinary actions may be fairly and equitably administered. Also, to establish procedures on the use of progressive discipline.

POLICY I. INTRODUCTION A. State Personnel Board Rule 1 NMAC 7.11, Discipline and Union Agreement Article 24, Discipline requires that agencies use progressive discipline whenever appropriate. Progressive discipline can range from a reminder to an oral or written reprimand, to a suspension, demotion or dismissal. There are instances when a disciplinary action, including dismissal, is appropriate without having first imposed a less severe form of discipline. B. The primary purpose of discipline is to correct performance or behavior that is below acceptable standards or contrary to the agency’s legitimate interests, in a constructive manner that promotes employee responsibility.

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II. ADMINISTRATION A. DOCUMENTATION All disciplinary actions are initiated by the supervisor or manager. Documentation of oral warnings shall be maintained by the supervisor. Copies of written warnings and written reprimands shall be sent to the Human Resources Bureau (HRB) for inclusion in the employee’s personnel file. B. PROBATIONARY EMPLOYEES 1. Probationary employees and employees in temporary status may be suspended, demoted or dismissed immediately with written notice and without right of appeal to the State Personnel Board. The Secretary or his designee may delegate the authority to issue notice of a suspension, demotion or dismissal, which must state the reason(s) for the action. Such notices will be reviewed and approved by the Human Resources Bureau Chief, who may consult with the Legal Section, before the notice is issued.

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C. CAREER EMPLOYEES 1. Employees who have completed the probationary period may be suspended, demoted or dismissed only for just cause. Just cause includes, but is not limited to: inefficiency; incompetency; misconduct; negligence; insubordination; performance which continues to be unsatisfactory after the employee has been given a reasonable opportunity to correct it; absence without leave; any reasons prescribed in 1 NMAC 7.8; failure to comply with any provisions of SPB Rules; falsifying official records and/or documents such as employment applications, failure to pay fair share fees in accordance with the Collective Bargaining Agreement; or conviction of a felony or misdemeanor when the provisions of the Criminal Offender Employment Act apply. (See State Personnel Board Rule 1 NMAC 7.11.10, Just Cause).

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D. NOTICES 1. The supervisor will initiate a recommendation for suspension, demotion or dismissal by completing a Personnel Action Transmittal (PAT) with an attached memorandum of justification, including exhibits of any previous disciplinary actions. Formal disciplinary actions require a Notice of Contemplated Disciplinary Action to the employee which describes the conduct, actions, or omissions which form the basis for the contemplated disciplinary action; gives a general explanation of the

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evidence relied upon; advises the employee of their right to inspect and obtain copies of any documentary evidence relied upon; specifies what the contemplated action is; and states that the employee has eleven calendar days from service of the notice to respond in writing to the notice or to request an opportunity for an oral response. 3. The Division Director has the authority to issue a Notice of Contemplated Disciplinary Action as well as the responsibility to receive the employee’s written and/or oral response. The Secretary or his designee will be informed of all disciplinary actions and reserves the right to be involved in any actions at any time in the process. HRB will review supporting documentation and will assist in preparing the Notice of Contemplated Disciplinary Action. HRB will be responsible for securing the review and approval by the Legal Section prior to issuance of the Notice. A Notice of Final Disciplinary Action may be issued by the Division Director, Secretary or his designee. Such notice will specify the final action to be taken, which may be upholding the contemplated action, a lesser form of discipline than contemplated, or no disciplinary action.

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E. APPEALS 1. Non-Bargaining employees may appeal written warnings or reprimands by filing a complaint using the Department’s Complaint Procedure, Policy Issuance No. 4. Bargaining Unit employees must utilize the grievance procedure outlined in the Collective Bargaining Agreement. When formal discipline is the final disciplinary decision, the employee will be informed that the disciplinary action (suspension, demotion or dismissal) may be appealed to the State Personnel Board, and details for the appeal provided. Time lines for the above notifications and meetings will be consistent with the State Personnel Board Rule 1 NMAC 7.11, Discipline.

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EFFECTIVE DATE This policy is effective this date and supersedes all previous issuances on the subject.