The Personnel Act [Section 10-9-1 to 10-9-25, NMSA 1978] requires the State Personnel Office (SPO) to promulgate rules and provide a “dismissal or demotion procedure for employees in the service”, as well as a procedure for appeals of disciplinary action to the State Personnel Board (Board).

 

Classified employees who have met their probationary period [1 NMAC 7.2.8.1] and have either been demoted, dismissed, or suspended by a state agency have a right to appeal the disciplinary action to the Board for a public hearing.

 

As of June, 2009, employees covered by a collective bargaining agreement are given the option of choosing to have their disciplinary appeal decided by an arbitrator.