City of Las Cruces - HR - Personnel Manual

Human Resources - Personnel Manual - Section 200

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•	Human Resources
•	Personnel Manual: Table of Contents

Table Of Contents

•	Sec 100: Introduction
•	Sec 200: Recruitment & Selection
•	Sec 300: Classification Plan
•	Sec 400: Compensation
•	Sec 500: Leave, Attendance & Holidays
•	Sec 600: Employee Work Rules & Procedures
•	Sec 700: Employee Training & Development
•	Sec 800: Management Authority & Responsibilities
•	Sec 900: Disciplinary Actions, Transfers & Terminations
•	Sec 1000: Performance Reviews
•	Sec 1100: Employee Grievances & Discrimination Complaints
•	Sec 1200: Benefits
•	Sec 1300: Definitions

200 RECRUITMENT AND SELECTION

POLICY. It is policy for the City of Las Cruces to recruit and select the most qualified persons for positions in the City's service. Recruitment and selection shall be conducted in a manner that will ensure open competition, provide equal employment opportunity, and prohibit discrimination or favoritism because of race, politics, religion, sex, sexual orientation, gender identity, color, ancestry, serious medical condition, national origin, age, or disability, and in accordance with the City’s Hiring Process: Application Review, Interviewing and Selection Guidance.

POSTINGS. When a request to fill a vacancy has been approved the following procedure shall be followed:

Job announcements will be posted in places available to the general public and all City employees. Postings will include pertinent job information, including minimum qualifications and entry level salary. All postings shall include the essential functions, work environment, physical and cognitive requirements, and selection criteria to be used, including any tests and/or skill assessment.

Job announcements shall be posted for not less than five business days. This period of time may be waived by the City Manager.

APPLICATION FORM. All applications for employment shall be made on forms or methods prescribed by the Human Resources Department. Although resumes that meet posted deadlines will be accepted, a City application form or release for reference check must also be completed by job applicants selected prior to or at the time of interview.

APPLICATION SUBMITTAL. All applications will be submitted to the Human Resources Department, unless authorized in writing by the Director of Human Resources.

REJECTION OF APPLICANTS. An applicant may be rejected if the applicant:
1. Does not meet the minimum qualifications for the position.
2. Has falsified, omitted, misrepresented or provided misleading information on an application or resume. (Employees who violate this section shall be subject to disciplinary action, up to and including dismissal).
3. Is unable to perform the essential functions of the position, with or without reasonable accommodations.
4. Has been convicted of a crime that renders him/her unqualified for the position to which he/she has applied.
5. Is under 18 years of age if being considered for Regular Full-time or Part-time employment.
6. Has established an unsatisfactory employment record.
7. Advocates the overthrow of the government of the United States by force or violence.
8. Submitted an application after an announcement closed or submitted an application for an unannounced position.
9. Submitted an incomplete application and/or failed to provide copies of documents cited in the job announcement prior to a final decision on hiring.
10. Receives a positive test result on a pre-employment drug test.
11. Failed background investigations.

APPLICATION REVIEW AND REFERRAL. The intent of the application review process is to maximize reliability, objectivity, and validity through a practical and job-related assessment of whether the applicant meets the minimum qualifications required for the position.
1. Selection Method. The hiring department, in consultation with the Human Resources Department, shall be responsible for determining valid selection methods to obtain the most qualified candidates for each vacancy.
2. Security. Selection material shall be confidential. Every precaution shall be taken by all persons participating in the development and maintenance of selection materials to maintain the highest level of integrity and security.
3. Nepotism Prohibited. Any supervisor or manager who is in a position to recommend employment or promotion of a relative (by blood, marriage or domestic partnership) shall advise his/her immediate supervisor, and withdraw from the selection process.
  
  Any employee asked to participate in a selection process where a relative (by blood, marriage or domestic partnership) shall immediately inform the hiring supervisor of their conflict of interest and withdraw from the selection process.
4. Preselection Prohibited. No City employee will promise job appointments to any person. All inquiries regarding vacancies should be referred to the Human Resources Department.
5. Education and Experience Substitutions
  All internal and external candidates seeking employment must meet the minimum qualifications outlined in the relevant job announcement. Should a job posting yield an insufficient pool of qualified candidates, the Human Resources Department in collaboration with the hiring department/section will determine whether to re-post the position or review applications for substitutions for degree requirements, education and/or experience.
  1. Substitution of Experience for Education
    If an applicant does not possess the required level of education one (1) year of relevant experience may be substituted for each year of required education. Relevant experience is experience that has equipped the applicant with the particular knowledge, skills, and abilities to perform successfully the duties of the position and is typically in or related to the work of the position to be filled.
    
    If an applicant possesses a non-related degree, consideration may be given for relevant work experience.
    
    For example, if a position requires a Bachelor’s degree in Public Administration and an applicant has no college credits, four years of professional-level accounting experience may substitute for a Bachelor’s degree. If a positions requires a Master’s degree and an applicant has neither a Bachelor’s degree or Master’s degree, six (6) years of relevant experience may be substituted for the required education.
  2. Substitution of Education for Experience.
    Unless otherwise specified, one (1) year of relevant education at the undergraduate level may be substituted for one year of required experience. Relevant education is education that has equipped the applicant with the particular knowledge, skills, and abilities to perform successfully the duties of the position and is typically in or related to the work of the position to be filled. Generally this substitution will be limited to one half of the required experience.
    
    For example, if a position requires two years of experience as an Accounting Technician, 30 credit hours of relevant study toward a Bachelor’s degree may be substituted for one year of experience. Credit for one year of experience will be given for each year of (18 credit hours) education above the Bachelor degree level. For example, if a position requires six (6) years of experience, a Master’s degree may be substituted for two (2) of the required experience. Relevant courses may be substituted for experience, provided an applicant submits a statement identifying the course for which they wish to be credited.
  3. Level of Experience
    Only related professional level experience will be credited for professional positions. Professional level experience involves work that is intellectual and varied in nature, requires advanced knowledge and education, and the exercise of discretion and judgment.
    
    Non-professional level experience may not be substituted for the required professional level experience. In certain instances, non-professional experience may be substituted for educational requirements when the applicant pool does not contain applicants who meet the minimum requirements of the position.
    
    Supervisory level experience will be credited if the experience involves supervision of two or more full-time positions. Supervisory experience involves work where one has the authority to conduct performance evaluations, approve requests for leave, and make recommendations regarding hiring, termination or other decisions affecting the employment status of others.
  4. Non-Allowable Substitutions For professions that require a college degree in order to obtain a license or certification to practice within the discipline, experience cannot serve as a substitute for education.
6. Interviews. The hiring department/section will arrange interviews and arrange a time and accessible location for the interview to take place.
  1. Interviews shall include a weighted scoring mechanism developed to provide a standardized way of rating answers to the interview questions.
  2. Applicants shall not be asked about items not relevant to the ability to do the job.
  3. Applicants invited for interviews shall be notified that they can request accommodations for a disability for the testing/interview processes and told how to make that request.
  4. The following paragraph shall be added to any correspondence scheduling an interview or test:
    “It is the policy of the City of Las Cruces to provide reasonable accommodations for qualified persons with disabilities who are employees or applicants for employment. If you need assistance or accommodation to interview and/or test because of a disability, please contact the Human Resources Department at 505-528-3100/Voice or 528-3169/TTY.
  5. If interviews are scheduled by telephone, the applicant shall be informed about the availability of reasonable accommodation in the interview and/or testing process.
  6. The contact person for the accommodation request should NOT be a member of the search committee or in a decision-making position in the search process.
  7. When a request for accommodation is received from an applicant, the contact person for the accommodation request shall consult with the Human Resources Department for assistance.
  8. The Human Resources representative shall discuss the necessary documentation of disability, the requested accommodation and possible alternatives with the applicant. The ADA Coordinator is available to assist the Human Resources representative.
  9. The Human Resources representative shall make a decision regarding the request, and if approved, take the necessary steps to insure the accommodation is provided. If the request is not approved, the Human Resources representative shall inform the applicant of the reason for denial of the requested accommodation, in writing, within 3 working days of the decision.
    
    Information about an applicant’s disability is CONFIDENTIAL and may not be shared with search committee members or decision-makers in the hiring process.
  10. The hiring department/section is responsible for conducting appropriate reference and employment verification.
Employment Testing. The Human Resources Director (or designee) will review all written, skills and field testing procedures to assure that these tests are valid and conducted in a standardized and impartial manner and are job related. This review shall ensure that these tests can be quantitatively scored prior to being administered. The posted job announcement will indicate that applicant testing will be required, and an invitation to request any reasonable accommodation needed for the test. Requests for reasonable accommodation shall be processed in accordance with the City’s Reasonable Accommodation Policy.

ADMINISTRATIVE HIRING PROCEDURES.
1. SECTION/DEPARTMENT:
  When a section has a staffing requirement, a memorandum is prepared by the hiring Section for Department Director approval and sent to the Human Resources Department. The memo should include essential information required in the advertisement, including;
  1. Dates to be advertised.
  2. Type or range of pay-monthly, hourly, salary range, or contract.
  3. Category of employment.
  4. Requested modifications to the current functions of the position.
  5. Where ads are to be published and funding source if advertisement is requested beyond the local market.
  6. Funding source.
  7. If the position will require a test to be administered, the requesting Section should specify the types of tests and special instructions needed for the administration of the tests.
2. HUMAN RESOURCES DEPARTMENT:
  1. With the Section Manager/Administrator establishes salary, grade/step, and job description.
  2. If job description needs to be updated, HR staff will coordinate with the Section Manager/Administrator to have it updated prior to job posting.
  3. If job description has significant changes that increase or decrease job value, a new position evaluation will be done. HR will recommend the new position value and salary range.
  4. Job advertisement is posted by HR in local newspapers, the City web site, and forwarded to local and national advertising agencies requested by the Section.
  5. HR staff responds to requests for additional information from the public regarding job ads.
  6. HR staff may screen all applications, including job required credentials such as diplomas, licenses, certifications, etc.
  7. Following the closing of the job advertisement, HR staff;
    1. Reviews selection processes and methods.
    2. May rate the applications, or forwards applications to Section for the screening, interview and selection process.
    3. May coordinate special tests such as written exams, or other job related assessments.
3. SECTION/DEPARTMENT
  Section Administrators/Managers and Department Directors are accountable for insuring that any part of the hiring process they choose to do is accomplished following legally prescribed hiring processes.
  1. Section Administrators/Managers, in collaboration with Human Resources, will determine the method for screening applications and set the date, location, and time for interviews.
  2. The Department or Section completes reference checks on candidates prior to recommending the hire.
  3. Once the selection process is complete, the Department submits the Personnel Action Notice (PAN) along with the application and all applicant materials to the Human Resources Department for processing.
  4. Section Administrators are responsible for notifying candidates interviewed but not selected following notification that the recommended hire has been approved.
  5. Section Administrators/Managers are responsible for providing Human Resources with all documentation, including rating sheets, interview questions asked and w eighted answer sheet, test results, etc.
4. HUMAN RESOURCES DEPARTMENT:
  1. Contacts the section to set starting date and informs the new employee of date, time and place to report to work.
  2. Sends out official letter of employment offer.
  3. Schedules new employees for post offer testing.
  4. Conducts criminal background checks and credit checks as applicable.
  5. In-processes selected new employees for employment, including;
    1. Obtain copies of the new employee’s relevant certifications, licenses, etc.
    2. Completes I-9 procedures.
    3. Processing post-offer testing results and informing department of results.
    4. Provides new employee orientation.
5. When directed by the City Manager, a Hiring Review Committee will be assembled and consist of the Human Resources Director, Budget Manager and one other appointee named by the City Manager. The Hiring Review Committee will convene and review all hiring requests and recommend approval/disapproval of each vacancy. The Department Director may appeal a disapproval by the Hiring Review Committee to the City Manager.
College Student Hiring Procedure

College students (New Mexico State University, Dona Ana Branch Community College, or other accredited college) may be hired on a full-time or part-time basis as needed by City departments.

Student placement will be mutually beneficial in that the students will meet organizational job requirements while receiving financial assistance and experience.

The number of student employees will vary according to City needs and may be adjusted at any time provided sufficient funds have been allocated by the requesting section(s).

All college students who, during at least eight (8) months in any calendar year, or during the period of employment, is enrolled at an educational institutions whose academic credits would be accepted by a state educational institution and carrying at least 12 credit hours or is enrolled in aneducational institution’s graduate studies program and carrying at least 9 credit hours shall be exempt from membership in PERA.
1. Definitions:
  1. Cooperative Education (Co-Op) Student - A college student obtaining experienced based-learning through paid employment in curriculum-related work assignments. The work assignments, and will meet department objectives. Co-op or Intern employment will not exceed a two semester maximum duration unless specifically approved by the City Manager.
  2. Co-Op Student Performance Appraisal - A performance appraisal form to be completed by a co-op student’s immediate supervisor once each semester which assesses the student ’s performance in personal and professional growth.
  3. Intern - A student assigned to a curriculum-related work experience with the City, which may be paid or unpaid. Internships are one-time work assignments completed for academic credit and are usually one semester in duration.
  4. Special Grant Student - A student assigned to a curriculum-related program whose wages are totally or partially paid by government or university funds (example: NMSU work-study program).
2. Procedure:
  1. Classification and Compensation
    1. A student wage schedule will be established by the City Manager on an annual basis for the upcoming budget year. Student co-op wages will be established according to class standing (e.g., a sophomore will be paid less than a junior).
    2. Department Directors shall determine the number and curriculum specialty of students desired for each upcoming budget cycle. Funding can be included in the part-time, temporary position requests; however, the function of each student must be justified and forwarded to the Budget Office as part of the budget preparation process.
    3. Wages for interns working a curriculum-related project must be approved by the City Manager, subject to justification by the Department Director.
    4. Interns being paid to work on City-generated projects or activities will be paid according to a City Manager approved student wage schedule. Interns will not be paid a wage for performing research that would not benefit the City and is for college credit only.
  2. Recruitment and Selection:
    1. All requests for student candidates will be submitted to the Human Resources Department who is responsible for providing a list of student co-op or temporary position openings to NMSU, DABCC, and other accredited colleges.
    2. Student candidates who are referred by the Human Resources Department will be interviewed by the requesting Section and given equal opportunity for placement without regard to any non-job related factor.
    3. Vacant co-op student positions must be evaluated in accordance with Section 208 of this manual to ensure that the position is warranted.
    4. The Personnel Action Notice (PAN) and any special documentation (student agreement, work-study agreement) required for the position must be submitted to the Human Resources Director for approval.
    5. The Human Resources Department will in-process the student and notify the requesting department/section to negotiate a starting work date. A co-op student must enroll with the college’s Cooperative Education Program every semester. The college’s Cooperative Education Program will confirm enrollment each semester.
    6. Students will not have grievance rights and may be terminated when they are determined unsuitable by their immediate supervisor and at the end of their student status. The appropriate Personnel Action Notice (PAN) with an explanation should be processed and submitted to the Human Resources Department.
Probation

Definition: Unless otherwise authorized by the City Manager, probation is a twelve (12) month trial period during which a determination is made as to whether or not an employee is suitable for their position. A new employee serves “at will” and can be dismissed with or without cause by the City for any legal reason.
1. New Hire Probation: Prior to the completion of the new hire probation period (12 months), management shall decide whether or not to recommend continued employment. If the decision is to discontinue employment, the incumbent shall be separated. If a decision is made to continue employment, a Personnel Action Notice shall be prepared by the hiring section changing the incumbent from probationary status to regular status.
Immigration Law Compliance
In compliance with the Immigration Reform and Control Act of 1986, each new or rehired employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility.

Non-citizen employees, whose work authorization has expired, will not be scheduled to work and will be placed on Leave Without Pay. The employee is responsible for obtaining Immigration and Naturalization documents verifying eligibility to work in the United States. Upon receipt of proper immigration documents, the I-9 form will be updated and the employee may be eligible for re-instatement.

Employee Orientation.

New Employee. New employees shall receive new employee orientation upon beginning City service. The purpose of orientation is to ensure maximum understanding of the requirements and conditions under which the individual is expected to function. The Human Resources Department will coordinate orientation for new employees.

Supervisor. Each Department Director will ensure that the section to which the new employee is to be assigned makes provisions for a supervisor to be available for specific orientation of the new employee regarding section functions, responsibilities, and unique requirements of the section using the department’s new employee checklist.