1. A. A district attorney may pay a newly hired employee from the minimum rate to the midpoint of the salary range of the appointed class. The salary placement above the minimum rate must be based on the following documented assessments:

   (1) the employee possesses training or experience substantially above the minimum qualifications required for the class and the district attorney determines that the employee is exceptionally well qualified for the position; and

   (2) other factors may include the availability of suitable applicants, geographic location and special circumstances affecting the applicant or the district attorney.

2. B. The district attorney must base salary placement above the midpoint on documented assessment of the new employee’s relevant education, experience, salary history, review of salaries of current employees performing the same job, qualifications and other relevant factors. In such cases, the district attorney, subject to fund availability, may pay the new employee at any rate up to fifteen percent (15%) above the midpoint compensation rate with the prior approval of the board.

[10.4.3.9 NMAC - Rp, NMDAA 91-1.2.05, 06/30/2010]