1. A. For a period of six (6) months following a layoff, affected employees shall be given priority for reinstatement to their former positions at the same pay or to a similar position for which they qualify at a lower, equivalent or higher rate of pay in the reverse order in which they were laid off (see Subsections C and E of 10.4.5.8 NMAC).
2. B. The district attorney shall advise the employee to be recalled by certified or registered United States mail. Laid off employees have the responsibility of keeping the district attorney informed as to their current mailing address.

3. C. Recall rights shall cease:

   (1) six (6) months after the effective date of layoff;

   (2) when an employee refuses to accept employment with the district attorney in a position for which they are qualified and for which the pay is the same or comparable to that of the position from which they were laid off;

   (3) when an employee unconditionally accepts another position with the district attorney;

   (4) when a former employee fails to respond to an offer of re-employment; or

   (5) when a former employee who accepts re-employment after layoff fails to occupy the position within the allotted time.

   HISTORY OF 10.4.5 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center:

   NMDAA 90-1, New Mexico District Attorney’s Association Personnel Rules and Regulations for New Mexico District Attorneys Association, filed 2/22/90.

   NMDAA 91-1, Personnel and Compensation Plan for the Employees of the District Attorneys of the State of New Mexico, filed 6/11/91.

   History of Repealed Material:

   NMDAA 91-1, Personnel and Compensation Plan for the Employees of the District Attorneys of the State of New Mexico, filed 6/11/91 - Repealed effective 06/30/2010.

[10.4.5.9 NMAC - Rp, NMDAA 91-1.4.04, 06/30/2010]