Chapter 2.40
MERIT SYSTEM
Sections:
2.40.010 Establishment of a merit system.
2.40.010 Establishment of a merit system.
Pursuant to the provisions of Section 3-13-4 NMSA 1978, as amended, a merit system and personnel policy for the hiring, promotion, discharge and general regulation of municipal employees is established. [Ord. 247 § 1, 2008; Ord. 163 § 1, 1990; Ord. 131 § 1, 1983].
2.40.020 Personnel policy.
All appointments and promotions to positions in the service of the Village of Cimarron shall be based upon the merit and fitness of all applicants. Continued employment of employees covered by this chapter shall be subject to satisfactory performance of work, necessity for the performance of work involved and the availability of funds.
The personnel rules attached to the ordinance codified in this chapter are hereby incorporated and made a part of this chapter. [Ord. 247 § 2, 2008; Ord. 163 § 2, 1990; Ord. 131 § 2, 1983].
2.40.030 Personnel board.
A. A personnel board (the “board”) is hereby established. The board shall consist of the mayor, the members of the governing body, and one employee subject to the provisions of this chapter elected by employees covered by this chapter. The terms of each member of the board shall be two years. Members of the board shall serve without compensation.
B. The board shall have the following duties and powers:
1. Represent the public interest in the improvement of personnel administration;
2. Make any investigation which it may consider necessary or desirable concerning the administration of personnel;
3. Adopt such personnel rules as are necessary and desirable to carry out the personnel policy of this chapter. Such rules may include provisions governing appointments, promotions, transfers, separations, and employee evaluation. Rules concerning fringe benefits, hours and conditions of work, holidays, retirement and any other personnel matters may also be adopted;
4. Pursuant to VCMC 2.40.040 and upon a written petition of any employee covered by this chapter, the board may hold a hearing and render a decision concerning any rules adopted by the board. The decision of the board shall be final. [Ord. 131 § 3, 1983].
2.40.040 Employee grievances.
Any aggrieved employee may state to the board, either orally or in writing, any alleged grievance under this chapter or the personnel rules adopted pursuant to this chapter; provided, however, that any such statement must be presented to the board within 10 days of the occurrence of the alleged violation.
When an employee has filed a statement or presented an oral grievance in compliance with the preceding paragraph, the board shall, within 14 days from the filing of such a statement, hold a hearing concerning the allegations in the statement. Within 14 days from the date of the hearing, the board shall issue its decision in writing. If the board finds that a violation of this chapter or any rules issued pursuant to this chapter has occurred, it may grant such relief to the affected employee as it may deem appropriate. The decision of the board shall be final. [Ord. 131 § 4, 1983].
2.40.050 Coverage.
A. All appointed and hired employees of the Village of Cimarron are covered by the provisions of this chapter except:
1. The village attorney;
B. Within 10 days following the effective date of the ordinance codified in this chapter, an employee in a position covered by this chapter may file with the clerk-administrator a declaration stating that the employee does not desire to have his/her employment subject to this chapter together with the personnel policy issued pursuant to this chapter. If the employee chooses not to be covered by this chapter, the employee will not have the protection of the merit system and is at will subject to termination without just cause and, if the governing body chooses, ineligible for the benefits contained in the policy.
C. The contract of employment of employees covered by this chapter who do not comply with the provisions of subsection (B) of this section shall be subject to the provisions of this chapter and all rules and regulations issued pursuant to this chapter. [Amended during 2014 codification; Ord. 247 §3, 2008; Ord. 163 § 3, 1990; Ord. 131 § 5, 1983].
2.40.060 Penalty.
Any person found guilty of violating any provision of this chapter shall be punished by a fine of not more than $300.00 or by imprisonment in jail not exceeding 90 days or by both such fine and imprisonment. Every day any violation of this chapter shall continue shall constitute a separate offense. [Ord. 247 § 4, 2008; Ord. 163 § 4, 1990; Ord. 131 § 6, 1983].