1. A. The human resource director shall ensure that each position in the department is assigned to the classification that best represents the duties assigned by the employer and performed by the employee.
2. B. When a filled position is assigned a classification with a lower pay band, in accordance with the provisions Subsection A. of 10.12.3.9 NMAC, the employee may elect to take a reduction in accordance with Subsection DD of 10.12.1.7 NMAC, or overfill the position in their current classification.
3. C. A position assignment decision may be appealed to the chief through the department’s chain-of-command. Appeals to the chief must be in writing and include the employee’s analysis of the reasons for the appeal as well as the human resource director’s analysis for the reasons for reclassification of the position. The chief’s decision is final and binding.

[10.12.3.9 NMAC - N, 7/1/2015]