1. A. Promotion/reclassification. A promotion is a reassignment of an employee to a position with a higher salary range. Upon promotion, an employee’s salary may be increased up to the mid-point of the new job class. Any increases beyond mid-point of the new job class must be justified in writing based on qualifications, years of experience, expertise, etc. with prior approval of the board. No salary upon promotion may exceed the maximum rate of the new range.
2. B. Reduction in class. An employee may elect to or be placed in a job at a lower salary due to pending layoff or reduction-in-force or other reasons, if such position exists, with the approval of the district attorney. When a reduction in class occurs, the employee’s salary shall in no event be increased and shall be no greater than the maximum salary of that class.
3. C. Demotion. At the discretion of the district attorney, an employee may be demoted to a position at a lower salary range, due to unsatisfactory job performance, misconduct or other disciplinary considerations. When an employee is demoted, his/her present salary must be reduced by at least 5%, to a rate within the salary range of the class to which demoted and shall not exceed the maximum of the new salary range.
4. D. Range changes. Subject to legislative approval, the salaries of all employees affected by range changes due to market pricing reviews, job measurement studies, and classification studies shall be adjusted to at least the minimum rate of the new salary range.
5. E. Merit based salary increases. Subject to legislative appropriations, employee performance appraisals may be the basis for merit-based salary increases. A merit-based salary increase, however, may not exceed the maximum salary level for an employee’s job class according to the approved salary schedule.
6. F. Temporary salary adjustment. A district attorney may grant a temporary salary adjustment, for up to six (6) months, to an employee who temporarily accepts the duties of a higher classification. The temporary salary adjustment shall not exceed ten percent (10%) of the employee’s current salary. The district attorney shall, at the end of the temporary job assignment, revert the employee to his/her previous salary, plus any pay increases for which the employee may have been eligible.
7. G. Budgetary limitations. All provisions of this part relating to payment of salaries are contingent upon funds being available.
8. H. Effective date of salary changes. The effective date of all salary changes provided for in this part shall be the first day of a pay period following approval by the district attorney.

9. I. Out-of-cycle salary increase:

   (1) An employee may be awarded an out-of-cycle salary increase. Documentation must exist that justifies the increase. Employees will be limited to one (1) out-of-cycle salary increase per fiscal year, not including adjustments or other increases as approved and appropriated by the legislature. The increase shall not exceed fifteen percent (15%) of an incumbent’s current hourly rate.

   (2) The following requirements must be met when requesting out-of-cycle salary increases.

   (a) An out-of-cycle salary increase shall not be granted to a new employee unless the employee has completed a period of at least six (6) months in the same position.

   (b) An out-of-cycle salary increase shall not affect the date on which an employee is eligible for any other increase in salary.

   (c) An out-of-cycle salary increase shall not be requested unless adequate funds exist in the current budget. It may only be funded through vacancy savings or other approved revenues as long as the increase does not result in a request for a deficiency or supplemental appropriation from the legislature nor for emergency funding from the state board of finance.

   (d) An out-of-cycle salary increase may be in the form of either a lump sum payment or an increase to an employee’s base hourly rate.

   (e) An out-of-cycle salary increase shall not be requested if an employee’s last performance appraisal did not reflect a rating of “meets expectations” or higher.

   (f) All out-of-cycle salary increases shall be justified in writing to the personnel review board utilizing the request for out-of-cycle salary increase form and based on at least one of the following criteria:

   (i) An employee’s assigned duties have significantly exceeded the expected and established job requirements of the employee’s job class, and their performance remains at a fully effective level or higher.

   (ii) An employee’s performance of duties has involved overcoming unusual prolonged difficulties.

   (iii) An employee’s performance has involved special effort or special innovations resulting in significant economic savings or improvements.

   (iv) An employee’s salary is not comparable to their level of performance or job responsibility when compared with employees in similar positions with similar work experience.

   (v) An employee has been offered a job, in writing, by an employer outside of this personnel compensation plan and an incentive for emergency retention purposes is warranted.

   (g) The administrative office of the district attorneys must submit an approved request form (request for out-of-cycle salary increase) which shall be sent to both the department of finance and administration and the legislative finance committee analysts assigned to the district attorneys.

   (h) All out-of-cycle salary increases shall be approved by the district attorney personnel review board.

   (i) The total number of out-of-cycle salary increases shall not exceed 20% of all eligible employees per office during the fiscal year.

[10.4.3.11 NMAC - Rp, NMDAA 91-1.2, 06/30/2010]