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HOUSE BILL 129
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Reena Szczepanski and Patricia Roybal Caballero
AN ACT
RELATING TO PUBLIC EMPLOYEES; REDUCING THE PERIOD OF EMPLOYMENT
PROBATION FOR PUBLIC EMPLOYEES FROM ONE YEAR TO ONE HUNDRED
EIGHTY DAYS; PROHIBITING AN ADDITIONAL PROBATIONARY PERIOD IF
AN EMPLOYEE ELECTS TO TRANSFER OR MOVE TO A DIFFERENT STATE
SERVICE ASSIGNMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 10-9-13 NMSA 1978 (being Laws 1961,
Chapter 240, Section 9, as amended) is amended to read:
"10-9-13. RULES--ADOPTION--COVERAGE.--Rules promulgated
by the board shall be effective when filed as required by law.
The rules shall provide, among other things, for:
A. a classification plan for all positions in the
service;
B. a pay plan for all positions in the service;
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C. competitive entrance and promotion tests to
determine the qualifications, fitness and ability of applicants
to perform the duties of the position for which they apply.
Such rules shall also provide for the awarding to those
applicants having a passing grade of two preference points for
each year of residency in New Mexico not to exceed a total of
ten preference points;
D. exemption from competitive entrance tests for
those professional persons applying for classified positions in
the service who possess recognized registration or
certification by another state agency;
E. a period of probation of [one year ] one hundred
eighty days during which a probationer may be discharged or
demoted or returned to the eligible list without benefit of
hearing; provided that, once an employee has completed the
initial probationary period, that employee shall not be
required to complete any additional probationary period upon
electing to transfer or otherwise move to another service
assignment;
F. the establishment of employment lists for the
certification of the highest standing candidates to the
prospective employers and procedure to be followed in hiring
from the lists;
G. hours of work, holiday and leave;
H. dismissal or demotion procedure for employees in
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the service, including presentation of written notice stating
specific reasons and time for the employees to reply thereto,
in writing, and appeals to the board;
I. the rejection of applicants who fail to meet
reasonable requirements as to age, physical condition,
training, experience or moral conduct; and
J. employment of any apparently qualified applicant
for a period of not more than ninety days when an emergency
condition exists and there are no applicants available on an
appropriate employment list as provided in Subsection F of this
section. The applicant, if employed, shall be paid at the same
rate as a comparable position covered by the Personnel Act."
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