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A M E N D E D A G E N D A

The following will be considered at the Regular Meeting of the Doña Ana County Board of County Commissioners to be held on Tuesday, July 25, 2017 at 9:00 a.m. in the Doña Ana County Commission Chambers, 1st Floor, Doña Ana County Government Center, 845 North Motel Boulevard, Las Cruces:

• Invocation

• Pledge of Allegiance

• Roll Call of Commission Members Present and Determination of Quorum

THE DOÑA ANA COUNTY BOARD OF COUNTY COMMISSIONERS CONVENES AS THE BOARD OF COUNTY COMMISSIONERS AND THE COUNTY BOARD OF FINANCE IN OPEN SESSION.

• CHANGES TO THE AGENDA - Chuck McMahon, Interim County Manager, willdiscuss

• PET SHOWCASE - ASCMV Staff will present

1. MINUTES - Approval of the Minutes of the Regular Meeting of July 11, 2017

2. PUBLIC INPUT STAFF INPUTCOUNTY ELECTED OFFICIALS' INPUT COMMISSION INPUT

PROCLAMATIONS/PRESENTATIONS

3. Presentation of Contracts Executed from July 10 - July 21, 2017 - Pamela Wood, Contract Administrator, will present.

4. Update on Pending El Paso Electric Rate Proceedings - Tom Figart, Legal Department, will discuss

July 25, 2017 AMENDED AGENDA of 3

CONSENT AGENDA -The Board will be asked to approve by on motion the followingitems of recurring or routine business:

5. Approve Out-of-State Travel for One Engineering/Road Staff Member to Attend the StormCon 2017 Conference in Bellevue, Washington, August 26-31, 2017 - René Molina, Interim Engineering/Road Department Director, will discuss.

6. Approve Resolution Adopting a New Collective Bargaining Agreement between the County and The American Federation of State, County and Municipal Employees, New Mexico Council 18, Blue Collar, Local 2709 - Nelson Goodin, County Attorney, will discuss.

7. Approve Resolution Adopting an Amendment to the Collective Bargaining Agreement between the County and The American Federation of State, County and Municipal Employees, New Mexico Council 18, Detention Center, Local 1529 - Nelson Goodin, County Attorney, will discuss.

8. Approve Resolution Adopting an Amendment to the Collective Bargaining Agreement between the County and The American Federation of State, County and Municipal Employees, New Mexico Council 18, Court Security, Local 1879 - Nelson Gooding, County Attorney, will discuss.

APPROVALS

9A. Approve a Resolution Reducing the County Manager's Authority to Sign and Enter into Contracts on Behalf of Doña Ana County - District 5 Vice-Chairman John Vasquez will discuss.

9. Approve Agreement between South Central Regional Transit District and Doña Ana County and Delegate Signature Authority to the Interim County Manager - District 1 Commissioner Billy Garrett will discuss.

10. Approve a Resolution to Update Internal Auditors Advisory Committee Charter - Ernest Harvin, Internal Auditor, will discuss.

11. Approval of Doña Ana County's Fiscal Year 2016-2017 Fourth Quarter Financial Report Ending June 30, 2017 - Marisol Richardson, Budget Officer, Financial Services, will discuss.

12. Approve Resolution Adopting Doña Ana County's FY 2017-2018 Final Budget - Marisol Richardson, Budget Officer, Financial Services, will discuss.

13. Authorize Publication of Notice of Intent to Enact an Ordinance Authorizing the Operation of Off-Highway Motor Vehicles on Paved Streets or Highways Owned and Controlled by the County of Doña Ana - District 1 Commissioner Billy Garrett and District 3 Commissioner Benjamin Rawson, will discuss.

13B. Provide Direction to Staff Regarding Task Order for an Updated Labor Market Compensation Study - Deborah Weir, HR Director, will discuss.

July 25, 2017 AMENDED AGENDA Page 2 of 3 CONSENT AGENDA –The Board will be asked to approve by on motion the following items of recurring or routine business:

5. Approve Out-of-State Travel for One Engineering/Road Staff Member to Attend the StormCon 2017 Conference in Bellevue, Washington, August 26-31, 2017 – René Molina, Interim Engineering/Road Department Director, will discuss.

6. Approve Resolution Adopting a New Collective Bargaining Agreement between the County and The American Federation of State, County and Municipal Employees, New Mexico Council 18, Blue Collar, Local 2709 – Nelson Goodin, County Attorney, will discuss.

7. Approve Resolution Adopting an Amendment to the Collective Bargaining Agreement between the County and The American Federation of State, County and Municipal Employees, New Mexico Council 18, Detention Center, Local 1529 – Nelson Goodin, County Attorney, will discuss.

8. Approve Resolution Adopting an Amendment to the Collective Bargaining Agreement between the County and The American Federation of State, County and Municipal Employees, New Mexico Council 18, Court Security, Local 1879 – Nelson Gooding, County Attorney, will discuss.

APPROVALS

9A. Approve a Resolution Reducing the County Manager’s Authority to Sign and Enter into Contracts on Behalf of Doña Ana County – District 5 Vice-Chairman John Vasquez will discuss. 9. Approve Agreement between South Central Regional Transit District and Doña Ana County

and Delegate Signature Authority to the Interim County Manager – District 1 Commissioner Billy Garrett will discuss.

10. Approve a Resolution to Update Internal Auditors Advisory Committee Charter – Ernest Harvin, Internal Auditor, will discuss.

11. Approval of Doña Ana County’s Fiscal Year 2016-2017 Fourth Quarter Financial Report Ending June 30, 2017 – Marisol Richardson, Budget Officer, Financial Services, will discuss.

12. Approve Resolution Adopting Doña Ana County’s FY 2017-2018 Final Budget – Marisol Richardson, Budget Officer, Financial Services, will discuss.

13. Authorize Publication of Notice of Intent to Enact an Ordinance Authorizing the Operation of Off-Highway Motor Vehicles on Paved Streets or Highways Owned and Controlled by the County of Doña Ana – District 1 Commissioner Billy Garrett and District 3 Commissioner Benjamin Rawson, will discuss.

13B. Provide Direction to Staff Regarding Task Order for an Updated Labor Market Compensation Study – Deborah Weir, HR Director, will discuss.

July 25, 2017 AMENDED AGENDA Page 2 of 3

C O R R E SPO N D E N C E

14. Scott Krahling, County Clerk, will present to the Commission any claims received by Doña Ana County.

T H E D O Ñ A A N A C O U N T Y B O A R D O F C O U N T Y C O M M ISSIO N E R S M A Y C O N V E N E IN C L O SE D SE SSIO N , to discuss a limited personnel matter related to the performance of the interim county manager and to discuss the disposition of real property; as authorized by the Open Meetings Act, NMSA 1978, § 10-15-1 (H)(2) and (8).

T H E D O Ñ A A N A C O U N T Y B O A R D O F C O U N T Y C O M M ISSIO N E R S M A Y C O N V E N E IN O P E N SE SSIO N to take action, if any, on the closed session items.

T H E D O Ñ A A N A C O U N T Y B O A R D O F C O U N T Y C O M M ISSIO N E R S A D JO U R N S A S T H E B O A R D O F C O U N T Y C O M M ISSIO N E R S A N D T H E C O U N T Y B O A R D O F FIN A N C E IN O P E N SE SSIO N .

T H IS A G E N D A IS SU B JE C T T O C H A N G EN O T E : Doña Ana County will ensure effective communication with individuals with disabilities and will, upon request, provide auxiliary communication aids and services to afford those individuals equal opportunity for participation in Doña Ana County sponsored meetings, events, or activities. Any request should be made to the Americans with Disabilities Act Coordinator, in writing, or by phone, at least two business days prior to the event at which accommodation is needed. If you have any questions regarding examples of reasonable accommodations, please contact the ADA Coordinator, at 525-5884 (voice) or 525-2951 (TTY), 845 N. Motel Blvd. Las Cruces, NM 88007.

Spanish language interpretation services are now available upon request for participation in Doña Ana County sponsored meetings, events, or activities. Please contact the Community & Constituent Services Office at 525-6163, at least 48 hours prior to the event. Servicios de in terpretación en las juntas será disponib le por petición . Por favor en contacto la O ficina de Servicio a la C om unidad y C onstituyentes 525-6163 por lo m enos d os d ías hábiles por adelantado para pedir este servicio.

July 25, 2017 AMENDED AGENDA Page 2 of 3 CORRESPONDENCE

14. Scott Krahling, County Clerk, will present to the Commission any claims received by Doña

Ana County. THE DOÑA ANA COUNTY BOARD OF COUNTY COMMISSIONERS MAY CONVENE IN CLOSED SESSION, to discuss a limited personnel matter related to the performance of the interim county manager and to discuss the disposition of real property; as authorized by the Open Meetings Act, NMSA 1978, § 10-15-1 (H)(2) and (8). THE DOÑA ANA COUNTY BOARD OF COUNTY COMMISSIONERS MAY CONVENE IN OPEN SESSION to take action, if any, on the closed session items. THE DOÑA ANA COUNTY BOARD OF COUNTY COMMISSIONERS ADJOURNS AS THE BOARD OF COUNTY COMMISSIONERS AND THE COUNTY BOARD OF FINANCE IN OPEN SESSION.

THIS AGENDA IS SUBJECT TO CHANGE NOTE: Doña Ana County will ensure effective communication with individuals with disabilities and will, upon request, provide auxiliary communication aids and services to afford those individuals equal opportunity for participation in Doña Ana County sponsored meetings, events, or activities. Any request should be made to the Americans with Disabilities Act Coordinator, in writing, or by phone, at least two business days prior to the event at which accommodation is needed. If you have any questions regarding examples of reasonable accommodations, please contact the ADA Coordinator, at 525-5884 (voice) or 525-2951 (TTY), 845 N. Motel Blvd. Las Cruces, NM 88007. Spanish language interpretation services are now available upon request for participation in Doña Ana County sponsored meetings, events, or activities. Please contact the Community & Constituent Services Office at 525-6163, at least 48 hours prior to the event. Servicios de interpretación en las juntas será disponible por petición. Por favor en contacto la Oficina de Servicio a la Comunidad y Constituyentes 525-6163 por lo menos dos días hábiles por adelantado para pedir este servicio.

Scott Krahling/Cindy C. Padilla

D E SCR IPT IO N O F SUPPO R TING D O C U M EN T A T IO N A TTACH ED

SUM M ARY OF FINANCIAL IM PACT

A D M IN ISTR A TIV E R EV IEW A N D A PPR O V A L

Finance Legal County Manager/Agenda Review

Purchasing Human Resources Assistant County Manager/Peer Review

Planning Other

DOCUMENT CONTROL

Onginal/s for signature? Yes No For Recording?___Yes No

Return onginal/s to: Name Deni.

Send copy of recorded original/s (resolution and ordinances only) to: Name Dept.

Deadline for return of document/s? Yes, return by:

SUM M A R Y O F ITEM TO BE C O NSIDERED INCLU D IN G PR E SE N T A T IO N O F O PTIO NS FO R A C TIO N and A CTIO N REQ U ESTED

DOÑA ANA COUNTY BOARD OF COUNTY COMMISSIONERS

Doña Ana County Government Center 845 North Motel Boulevard

Las Cruces, New Mexico 88007 Telephone: (575) 647-7200 Toll-Free: (877) 827-7200

__July 25, 2017___Meeting Date

/__________Agenda Item Number

TITLE OF A G ENDA ITEM TO BE CO NSIDERED

Approval of Minutes for the BOCC Regular Meeting of July 11, 2017.

COUNTY CLERKInitiating Department

C ontact Person

MINUTES

Chair Isabella Solis called the Regular Meeting of the Doña Ana County Board of Commissioners to order at 9:00 a.m., on Tuesday, July 11, 2017, in the Doña Ana County Commission Chambers, 1st Floor, Doña Ana County Government Center, 845 North Motel Boulevard, Las Cruces.

Time: 09:01:23

District 4:Isabella Solis, Chair - Present District 5: John L. Vasquez, Vice-Chair - Present District 1 :Billy G. Garrett, Commissioner - Present District 3 Benjamin L. Rawson Commissioner - Present District 2:Ramon S. Gonzalez, Commissioner - Present

Invocation

Time: 09:01:31

Led by: Jess Williams, PIO Director

Pledge of Allegiance

Time: 09:02:13

Led by: Isabella Solis, BOCC Chair

Roll Call of Commission Members Present and Determination of Quorum

Time: 09:03:37

Led by: Lynn J. Ellins, Chief Deputy County Clerk

THE DOÑA ANA COUNTY BOARD OF COUNTY COMMISSIONERS CONVENES AS THE BOARD OF COUNTY COMMISSIONERS AND THE COUNTY BOARD OF FINANCE IN OPEN SESSION.

July 11, 2017, BOCC Regular Meeting /- 1

CHANGES TO THE AGENDA - Chuck McMahon, Interim County Manager, will discuss

Time: 09:03:06

Changes: Move Item #4 under Presentations after Item #6 under Presentations, the Commission agreed.

1. MINUTES - Approval of the Minutes of the Regular Meeting of June 27, 2017

Time: 09:03:39

Motion to Approve the Minutes with a Friendly Amendment to add/correct names of persons who spoke during public input:

Motion: Benjamin L. Rawson

Second: Ramon S. Gonzalez

District 1 :Billy G. Garrett - Yes District 2: Ramon S. Gonzalez - Yes District 3:Benjamin L. Rawson - Yes District 4: Isabella Solis - Yes District 5: John L. Vasquez - Yes

Motion passed

2. EMPLOYEE RECOGNITION - The Commission will recognize Doña Ana CountyEmployees for their years of service to Doña Ana County - Jess Williams, Public Information Director/Commission Liaison, will present.

Time: 09:40:50

Jess Williams, PIO Director, said that before they get started on Employee Recognitions that they will notice that as they go through the names, it doesn’t absolutely line up as to what was in their packet. He said that they have one person who is unable to be here so, are going to put that one off to a future meeting, had a couple of others that weren’t realized had already separated from DAC and had one that just doesn’t want to be recognized.

Name DenartmentYears of Service

Conant Carr Chaplain/Sheriffs Department 5Sergio Pando-Ruacho Fire & Emergency Services 5Jose Morales Fire & Emergency Services 5Arturo Nunez Fire & Emergency Services 5Peggy Strahan County Manager 10Alma Pacheco Fire & Emergency Services 10Dennis La Driere Community Development 10

July 11, 2017, BOCC Regular Meeting

Jose Gutierrez Saul Loya Detention Center

Detention Center Detention Center County Assessor

Sheriffs Department 101515151515

Jessica Lujan Genoveva Olivas Andy Segovia Graciela Chavez Facilities & Parks Department

Time: 09:12:38

Chair Solis stated that she wanted to acknowledge that they have the Probate Judge Diana Bustamante in the audience.

3. PUBLIC INPUT*

Time: 09:12:49

Given by: 1) Rocky Bacchus 2) Maria Ramirez 3) Jose Chavez

STAFF INPUT*

Time: 09:19:17

Given by: Chuck McMahon-Interim County Manager, Nicholas Hempel-Fire Chief and Vincent Pokluda

COUNTY ELECTED OFFICIALS’ INPUT*

Time: 09:21:14

Given by: Scott Krahling, County Clerk

COMMISSION INPUT*

Time: 09:26:56

Given by: Billy Garrett, Ramon Gonzalez, Benjamin Rawson, John Vasquez and Isabella Solis

*In order to listen to Public, Elected Officials, Staff and Commissioner’s Input comments go to Doña Ana County website: https://donanacountv.org/bocc/video.

PRESENTATIONS/PROCLAMATIONS

4. A Proclamation Declaring July 16 - 22 as Probation & Parole Officers Week in Doña Ana County - Introduced by District 1 Commissioner Billy Garrett: read by Jess Williams, Public Information/Commission Liaison.

Item #4 was moved to be presented after Item #6.

July 11, 2017, BOCC Regular Meeting /• 3

5. Proclaim July 26 as the 27in Anniversary of the Signing of The Americans With Disabilities Act - Introduced by Mea Haines. EEQ Specialist. HR Department: read by Jess Williams. Public Information/Commission Liaison.

Time: 09:41:31

Motion: Billy G. Garrett


District 1 :Billy G. Garrett - Yes District 2:Ramon S. Gonzalez - Yes District 3:Benjamin L. Rawson - Yes District 4:Isabella Solis - Yes District 5:John L. Vasquez - Yes

Motion passed

6. Presentation of Contracts Executed from June 23rd - July 7th 2017 - Pamela Wood, Contract Administrator, will present.

Time: 09:47:38

BACK TO ITEM #4

A Proclamation Declaring July 16 - 22 as Probation & Parole Officers Week in Doña Ana County - Introduced by District 1 Commissioner Billy Garrett; read by Jess Williams, Public Information/Commission Liaison.

Time: 09:50:45



District 1 :Billy G. Garrett - Yes District 2:Ramon S. Gonzalez - Yes District 3:Benjamin L. Rawson - Yes District 4: Isabella Solis - Yes District 5: John L. Vasquez - Yes

July 11, 2017, BOCC Regular Meeting

Motion passed

CONSENT AGENDA

Time: 09:58:11

Items Removed for Separate Discussion and Separate Vote: Items #9, #10, #11, #12 & #14.

7. Doña Ana County Treasurer’s Financial Report for the Month of May. 2017 - Eric Rodrimiez, County Treasurer, will discuss.

8. Approve a BLM Illegal Dumping Assistance Agreement, Delegate Signature Authority to the County Manager to Sign all Documents Related to the Agreement and Approve a Budget Revision and Resolution Related to the Agreement - Lee Galt, GIS Administrator, Community Development, will discuss.

RESOLUTION NO. 2017-62

9. Approve Out-of-State Travel for Animal Controls/Codes Employees to Attend National Animal Control and Human Officer (NACHO) Certification School Training in Louisville, K.Y, October 23 - 27, 2017 Vicki Lusk, Manager. Animal Controls & Codes, will discuss.

ITEM #9 WAS MOVED FOR SEPARATE DISCUSSION AND SEPARATE VOTE

10. Approve Out-of-State Travel for Animal Control/Codes Employee to Attend National Animal Control Association (NACA) Training Conference in Virginia Beach. Virginia. October 18-20.2017 - Vicki Tusk, Manager. Animal Control & Codes, will discuss.


11. Approve Award of Invitation to Bid 17-0042 for Materials Testing for the Engineering & Roads Department and Delegate Signature Authority to the County Manager for Related Contract Documents - Rene Molina, Interim Director of Engineering/Roads Department, will discuss.

July 11, 2017, BOCC Regular Meeting / . 5


12. Approve Award orCompetilive Sealed Bid 17-0046 and 17-0047 for Base Course and Fractured Aggregate and Delegate Simiature Authority to the County Manager for Related Contract Documents - Omar Soto. Road Superintendent, will discuss.


13. Resolution for FAA Grant Application for Construction of a Taxi way at the Jetport, and Delegate Signature Authority to the County Manager on Grant Agreement and all Related Documents - Bill Provance. Jetport Manager, will discuss.


14. Approve Proposal from J.G. Management Systems (JGMS) Tor Phase 2 of the Long Term Planning/Asset Management. Americans with Disabilities Act ( ADA) Checklist Data Analysis and Estimating Services for Doña Ana County and Delegate Signature Authority to County Manager for all Related Documents A miando Cordero. Director. Facilities: and Meg Haines. EEO Specialist. Human Resources, will discuss.


Motion to Approve Consent Agenda Items #7, #8 & #13



District l:Billy G. Garrett - Yes District 2: Ramon S. Gonzalez - Yes District 3:Benjamin L. Rawson - Yes District 4:Isabella Solis - Yes District 5: John L. Vasquez - Yes Motion passed

BACK TO ITEMS #9, #10, #11, #12 & #14:

July 11,2017, BOCC Regular Meeting / . 6

Approve Out-of-State Travel for Animal Controis/Codes Employees to Attend National Animal Control and Human Officer (NACHO') Certification School Training in Louisville, KY, October 23 - 27. 2017 - Vicki Lusk, Manager. Animal Controls & Codes, will discuss.

ITEM #9

ITEM #10

Approve Out-of-State Travel for Animal Control/Codes Employee to Attend National Animal Control Association (NACA') Training Conference in Virginia Beach. Virginia. October 18 - 20. 2017 - Vicki Lusk, Manager. Animal Control & Codes, will discuss.

NOTE: Items #9 and #10 were discussed together.

Time: 09:59:40

ITEM #11

Approve Award oflnvitation to Bid 17-0042 for Materials Testing for the Engineering & Roads Department and Delegate Signature Authority to the County Manager for Related Contract Documents - Rene Molina. Interim Director of Engineering/Roads Department, will discuss.

ITEM #12

Approve Award of Competitive Sealed Bid 17-0046 and 17-0047 for Base Course and Fractured Aggregate and Delegate Signature Authority to the County Manager lor Related Contract Documents — Omar Soto. Road Superintendent, will discuss.

NOTE: Items #11 and #12 were discussed together.

Time: 10:03:17

July 11, 2017, BOCC Regular Meeting / . 7

ITEM #14

Approve Proposal from J.G. Management Systems (JGMS) for Phase 2 of the Lona Term Planning/Asset Management, Americans with Disabilities Act (ADA) Checklist Data Analysis and Estimating Services for Doña Ana County and Delegate Signature Authority to County Manager lor all Related Documents Armando Cordero, Director. Facilities; and Meg Haines, EEO Specialist, Human Resources, will discuss.

Time: 10:08:00

Motion to Approve Items #9, #10, #11, #12 & #14:

Motion: John L. Vasquez



Motion passed

BREAK

Time: 10:17:21

BACK FROM BREAK

Time: 10:30:49

July 11, 2017, BOCC Regular Meeting / * 8

APPROVALS

15. Approve a Resolution to Continue the Membership of Doña Ana County with the South Central Council of Governments - Vincent S. Pokluda, Assistant County Manager, will discuss.

Time: 10:30:50


Second: John L. Vasquez


Motion passed


16. Approve Agreement between South Central Regional Transit District and Doña Ana County and Delegate Signature Authority to the Interim County Manager - District 1 Commissioner Billy Garrett will discuss.

Time: 11:01:44



Before Public Input Chair Solis said she wanted to acknowledge Senator Steinborn and State Rep. Nathan Small who are in the audience.

Public Input

Time: 11:04:11

Given by: 1) Mark Best 2) Dael Goodman 3) Nathan Small 4) Jeff Steinborn 5) Kathy Wooten 6) VictoriaQuavedo 7) Diane Trujillo 8) Esther Armijo 9) Peter Goodman 10) Marty R_____11) Greg White 12) MannyCastro and 13) Agapito Marquez

Commissioner Rawson Made a Motion as follows: In the Scope of Agreement, it would be Amended to read “Doña Ana County agrees to provide $350,000 in funds to the South Central Regional Transit

July 11, 2017, BOCC Regular Meeting / , 9

District’s fiscal agent in twelve (12) monthly payments with the first payment to be made within fourteen (14) days of ratification of this Agreement and subsequent payments made within fourteen (14) days of Doña Ana County receiving the report required in Paragraph 4 below, then Paragraph 3 in the Scope of Agreement would be removed in its entirety, the next portion of the Amendment is for Item 4 which would now be Item 3 and would read as follows “The South Central Regional Transit District agrees to account for all funds received hereunder and to provide Doña Ana County with a detailed monthly report of transit statistics and how the funds are utilized to ensure compliance with this Agreement and applicable State and Federal Laws. The report shall include but, shall not be limited to information regarding budgeted and actual revenues, number of riders by route including information on number of riders who board the bus at each stop, fares collected, number of riders who transfer, number of discounted fares and information regarding all toll collected by date for each route.” Item 5 which would now be Item 4, “As a condition of receiving the funds set forth above, the South Central Regional Transit District agrees it will not stop to pick up or drop off passengers in any county of municipality that is not a full dues paying member of the South Central Regional Transit District” and one clean up item under Section D which is the term and effective date “This Agreement shall be effective on the date it is fully executed by both parties as indicated below and through June 30,2018”:



Public Input

Time: 11:42:57

Given by: 1) David Armijo 2) Greg White 3) Jeff Steinborn 4) Mark Best 5) Nathan Small 6) Peter Goodman 7) Esther Armijo 8) Grant Price 9) Diane Trujillo 10) Agapito Marquez and 11) Evelyn Madrid Erhard

Time: 12:10:58

During Public Input FT A Circular was brought up and Nelson Goodin, County Attorney, commented.

Nelson Goodin, County Attorney, said that he looked at the Circular that was referenced on FTA Circular 4220.1F and indicates on there that subject or title of it is for third party contracting guidance purpose. “This circular provides contracting guidance for recipients of Federal assistance awarded by the Federal Transit Administration when using that Federal assistance to finance its procurement third party contracts. This revision incorporates the new procurement provisions of the moving ahead per progress in the 21st Century Act”. He stated the he is not sure if this geographical preference is what this is talking about. He said that looking at it briefly, there are some geographical preferences that are prohibited when it comes to certain types of contracting with third parties. He said that he wants to make it clear and doesn’t care from the standpoint of his job whether we have transit or don’t have transit, whether they fund it or don’t, that’s not his position, and what I am trying to say is just make sure we understand or don’t get mislead by some legal issues. He said that if this is something of a concern then he would recommend they give him time to fully analyze and see whether or not this is something that would be effective.

Discussion ensued.

Commissioner Vasquez stated that he would support Commissioner Rawson’s Motion with a Friendly Amendment to Remove 4.5 and leave 3 and that is “As a condition of receiving the funds set forth above the

July 11, 2017, BOCC Regular Meeting / # 10

SCRTD agrees it will not stop to pick up or drop off passengers in any county or municipality that is not full dues paying member of the SRCT.

Commissioner Rawson stated that he is ok with leaving Item 3 in, however it is very important to him, that the top of Page 2 and keep in mind that being a dues member is very minor for the City of Anthony and thinks that the City of Anthony is looking at $2,800 or something so, are talking very small dollars for a real small community and thinks it’s responsible for DAC to say we already put in our dues which is approximately $50,000 a year and then we are subsidizing other municipalities and counties that say we don’t want to participate, we just want to get the benefit from it and doesn’t think that’s appropriate for a community to say we are not willing to participate on a very minuscule level because DAC will pay for the whole thing and so, thinks it’s important to leave in Item #3 and leave in Section 5 which is the portion about no stops within a county or municipality that’s not a full dues paying member.

Commissioner Rawson stated that he will accept, as a Friendly Amendment to his Amendment, removing the strike through from the Amendment and leaving Section 3 in the Scope of Agreement and will accept that as a Friendly Amendment.

Commissioner Garrett stated that he felt they needed to go ahead and vote but, wanted to make it clear that he will be voting against the Amendment because of #5 and if in fact this is voted down, he will then reintroduce an amendment to carry the other changes that Commissioner Vasquez is in support of.

Nelson Goodin, County Attorney, said that he thinks they have a procedural issue now because they have the Motion made that was seconded by Commissioner Gonzalez and that Motion has basically changed. Said he didn’t know if Commissioner Gonzalez, having seconded the original Motion, is fine with the Friendly Amendment or if he thinks it is fine to go ahead and vote on the Motion as Amended if Commissioner Gonzalez accepts the Friendly Amendment as well.

Commissioner Gonzalez stated that he accepts the Friendly Amendment.

Nelson Goodin, County Attorney, said that they need to vote on the Motion offered by Commissioner Rawson and Commissioner Rawson is adding back into the Agreement Paragraph #3.

District 1 :Billy G. Garrett - No District 2:Ramon S. Gonzalez - Yes District 3:Benjamin L. Rawson - Yes District 4 Isabella Solis - Yes District 5: John L. Vasquez - No

Motion passed

Commissioner Rawson stated, as a point of order, there’s now an Amendment on the Agreement between the South Central Regional Transit District and Doña Ana County they now need to take a Vote on the Motion that was made by Commissioner Garrett and seconded by Commissioner Vasquez to Approve this Agreement and delegate signature authority to the Interim County Manager and should allow for public input.

Public Input

Time: 12:46:09

July 11,2017, BOCC Regular Meeting G i l

Given by: 1) Ester Armijo 2) Nathan Small 3) David Armijo 4) Mark Best 5) Peter Goodman 6) Jeff Steinborn and 7) Kathy Wooten

Commissioner Garrett Made a Motion that the Vote on the Amended Motion be Postponed until the next Commission meeting in order for them to 1) Make sure the entire public understands what they are voting on 2) That they allow the County Attorney a chance to look at the legal aspects of the question that has been raised about funding to allow the South Central Regional Transit Board a chance to look at the proposed changes so that they can make an informed decision. Said he is deeply concerned with #5.


Second: John Vasquez

Commissioner Rawson stated that he is opposed to the delay.

Commissioner Gonzalez stated that he doesn’t want the transit to lose any type of funding and agrees with Commissioner Garrett in regards to having Legal take a look at the funding.

Commissioner Vasquez asked Mr. David Armijo if this was delayed for another two weeks if that would affect funding.

Mr. Armijo stated no.

Commissioner Vasquez stated with that he would support delaying this for two weeks.

Commissioner Rawson so now they have a Motion to Postpone to a date certain and that date is July 25th.

District LBilly G. Garrett - Yes District 2:Ramon S. Gonzalez - Yes District 3:Benjamin L. Rawson - No District 4 Isabella Solis - No District 5:John L. Vasquez - Yes

Motion passed

BREAK

Time: 13:03:21

BACK FROM BREAK

Time: 13:16:37

17. Appointments to Doña Ana County Valuation Protest Board Paul Ponce. Chief Deputy Assessor, will discuss.

July 11, 2017, BOCC Regular Meeting 12

Time: 13:16:39

Appointments were made by Talley Votes.

Voting Members 1) Wayne Grinnell 2) James E. Koons

District 1 :Billy G. Garrett - Grinnell/Asher-Candon District 2: Ramon S. Gonzalez - Adamiak-Femandez District 3:Benjamin L. Rawson - Grinnell/Koons District 4:Isabella Solis - Grinnell/Koons District 5: John L. Vasquez - Grinnell/Koons

Alternate Members 1) Edie Adamiak 2) Valerie Fernandez

District 1 :Billy G. Garrett - Asher-Camden/Daly District 2:Ramon S. Gonzalez - Adamiak/Femandez District 3:Benjamin L. Rawson - Femandez/Marr District 4:Isabella Solis - Adamiak/Femadnez District 5: John L. Vasquez - Adamiak/Femandez

18. Provide Direction to Staff Regarding Request for Proposals for Consultant Services for County Manager Executive Search - Deborah Weir. Director. Human Resources, will discuss.

Time: 13:24:01

19. Approval of Additional Year-End Budget Resolution and Budget Revision for the Fiscal Year 2017 Budget - Marisol Richardson, Buduet Officer, Financial Services, will discuss.

Time: 14:18:45



District 1 :Billy G. Garrett - Yes District 2:Ramon S. Gonzalez - Yes District 3:Benjamin L. Rawson - Yes District 4:Isabella Solis - Yes District 5: John L. Vasquez - Yes

Motion passed


July 11,2017, BOCC Regular Meeting /, 13

20. Approve Publication of Title and General Summary and Notice of Public Hearing to Consider the Adoption of an Industrial Wastewater Ordinance - Nora Oliver, Office Supervisor, Utilities Department, will discuss.

Time: 14:21:31



District l:Billy G. Garrett - Yes District 2:Ramon S. Gonzalez - Yes District 3:Benjamin L. Rawson - Yes District 4 Isabella Solis - Yes District 5 John L. Vasquez - Yes

Motion passed

CORRESPONDENCE

21. Scott Krahliim, County Clerk, will present to the Commission any claims received by Doña Ana County.

Time: 14:23:47

THE DOÑA ANA COUNTY BOARD OF COUNTY COMMISSIONERS MAY CONVENE IN CLOSED SESSION, to discuss bargaining strategy preliminary to collective bargaining negotiations with the International Association o f Fire Firefighters (IAFF) Local 5037; American Federation o f State, County and Municipal Employees, NM Council 18, Local 1879 (Court Security) and Local 2709 (Blue Collar); and pursuant to the attorney-client privilege to discuss pending threatening litigation involving the property related to road improvements; as authorized by the Open Meetings Act, NMSA 1978, § 10-15-1 (H)(5) and (7).

Time: 14:24:11

Commissioner Rawson stated that he has a Motion to go into Closed Session that he is going to read but, wanted to clarify that it is different than the Motion that is on the Agenda for today just by removing Items. He stated that nothing has been added so, he moved the Board Convene in Closed Session pursuant to the Attorney client privilege to discuss pending threatening litigation involving the property related to road improvements; as authorized by the Open Meetings Act, NMSA 1978, § 10-15-1 (H) (7).

Commissioner Rawson stated that just as quick discussion on this because he does see people from union in the audience that does remove all of the unions from the Closed Session today.



July 11, 2017, BOCC Regular Meeting /. 14

District 1 :Billy G. Garrett - Yes District 2:Ramon S. Gonzalez - Yes District 3:Benjamin L. Rawson - Yes District 4: Isabella Solis - Yes District 5:John L. Vasquez - Yes

Motion passed

THE DOÑA ANA COUNTY BOARD OF COUNTY COMMISSIONRS MAY CONVENE IN OPEN SESSION to take action, if any, on the closed session items.

Time: 14:39:47

To let the Record reflect that nothing was discussed in Closed Session other than the Item(s) identified in the Motion to go into Closed Session.

THE DOÑA ANA COUNTY BOARD OF COUNTY COMMISSIONERS ADJOURNS AS THE BOARD OF COUNTY COMMISSIONERS AND THE COUNTY BOARD OF FINANCE IN OPEN SESSION.

Time: 14:39:56

The Commission Adjourned with no Objection.

BOARD OF COUNTY COMMISSIONERS OF DOÑA ANA COUNTY, NEW MEXICO

ATTEST:

Isabella Solis, Chair, District 4 For / Against

John L. Vasquez, Vice-Chair, District 5 For / Against

Billy G. Garrett, District 1 For / Against

Benjamin L. Rawson, District 3 For / Against

Ramon S. Gonzalez, District 2 For / Against

Scott Krahling County Clerk

July 11, 2017, BOCC Regular Meeting / , 15

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From: Lani DavisSent: Monday, July 10, 2017 3:45 PMTo: Marisol Richardson; Pamela WoodSubject: BCBS Budget

EE + Child(ren) 117 $ 848.90 $ 99,321.30EE + Spouse 72 $ 1,363.05 $ 98,139.60EE + Family 172 $ 1,786.43 $ 307,265.96EE Only 406 $ 607.00 $ 246,442.00

767$ 751,168.86Monthly

$ 9,014,026.32 Annual

Based on our open enrollment our total premiums (EE + ER) for FY18 is $9,014,026.32 Let me know if you need additional information.

Lani Davis, PHR, SHRM-CPSr. HR Adm inistrator - Benefits Doña Ana County 845 N. M otel Blvd.Las Cruces, NM 88007 Phone 575.525.5887 Fax 575-525-5888 I a n id @ d o n a a n a cou nty.o rg

ATTENTION:This message and all Its attachments may contain information that is CONFIDENTIAL and PRIVILEGED. It is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. If you received this message in error, please notify the sender by reply e-mail and delete the message immediately.

Legal DepartmentInitiating Department

Thomas R. FigartContact Person

DONA ANA COUNTY BOARD OF COUNTY COMMISSIONERS



July 25,2017Meeting Date

4i lieAgenda Item Number

TITLE OF A G EN D A ITEM TO BE CO NSIDERED

UPDATE ON PENDING EL PASO ELECTRIC RATE PROCEEDINGS

SUM M A R Y OF ITEM TO BE C O N SID E RED

Reporting on an active El Paso Electric Rate Case in which the County is a participant. No action to be taken.

DESCR IPTIO N OF SUPPO R TING D O C U M EN T A T IO N ATTACHEDUpdate Memorandum from County’s PRC Attorney Nairn Winter

SUM M A R Y OF FIN A NC IA L IM PACT

Possibly, an increase in County’s electric billings

Finance

Purchasing

A D M IN ISTR A TIV E R E V IE W AND APPRO VAL

____ Legal

Human Resources

County Manager/Agenda Review

Assistant County Manager

Planning Other

DOCUMENT CONTROL

Original/s for signature?: XNo For Recording?: X No

Return original/s to: N/A

Send copy of recorded original/s (resolution and ordinances only) to: Name: N/A Dept.: N/A

Deadline for return of document/s?: d Yes, return by: O No




Engineering Initiating Department

René Molina, Interim F.ngineering/Roatl Dept. Directo:^ Contact Person

2 -

July 25, 2017 Meeting Date

Agenda Item Number

TITLE O F A G EN D A IT EM TO BE CO N SID EREDAPPROVE OUT-OF-STATE TRAVEL FOR ONE ENGINEERING/ROAD STAFF MEMBER TO

ATTEND THE STORMCON 2017 CONFERENCE IN BELLEVUE, WASHINGTON, AUGUST 26-31,2017

SUM M A R Y OF IT EM TO BE CO NSIDERED IN C LU D IN G PR E SE N TATIO N O F O PTIO NS FO R A CTIO N and A CTIO N REQ UESTED

The Board is asked to approve out-of-state travel for one (1) Engineering/Road staff member to attend the StormCon 2017 conference in Bellevue, Washington, August 26-31, 2017. This conference will provide information and training on storm water quality, storm water pollution control and its application to EPA MS4 permitting requirements.

D ESC R IPT IO N O F SUPPO R T IN G D O C U M E N TA TIO N ATTAC H ED1. Executive Summary2. Registration and Schedule

SUM M A R Y OF FIN A NC IA L IM PACTEstimated Travel (Flight* Rental Car) 10080-30001-72677-300 $1,184.81Registration 10080-30001-72680-300 $ 850.00Estimated Lodging 10080-30001-72678-300 $1,081.08Estimated Meals 10080-30001-72676-300 $ 510.00Total Estimated Expense $3,625.89

j M ' FiiFinance

Purchasing

Planning

A D M IN ISTR A TIV E R EV IEW AND APPRO VAL

______ Legal

„______Human Resources

Other



DOCUMENT CONTROL

Original/s for signature? X Yes No For Recording? _X_Yes No

Return original/s to: R Molina__________ Name Engineering_______________ Dept.

Send copy of recorded original/s (resolution and ordinances only) to: R Molina_______Name Engineering

Deadline for return of document/s? Yes, return by: ASAP or ___No

Dept.

DOÑA ANA COUNTY ENGINEERING DEPARTMENT

EXECUTIVE SUMMARY

7/25/2017 BOCCMeet ingOut-of-State Travel Request - StormCon 2017 Conference in Bellevue, Washington, August

26-31,2017.

Background: As part of the Clean Water Act, Doña Ana County (DAC) was required to obtain a municipal separate storm sewer system (MS4) permit from EPA, and as such, has been adhering to the permit requirements. Through MS4 permitting, DAC established a storm water management program and must keep up-to-date on new trends and permit requirements. The StormCon 2017 Conference provides for educational tracks with extensive range of materials pertinent to our storm water management programs such as, storm water management, storm water quality and EPA program updates. It also provides for professional development hours necessary for maintaining professional engineer licensure as required by the New Mexico Engineering and Surveying Practice Act.

Action Requested: Doña Ana County Engineering/Road staff is requesting BOCC approval for out of state travel for one staff member to attend the StormCon 2017 conference.

StormCon® The North American Surface Water Quality Conference & ExpositionAugust 27-31, 2017 Meydenbauer Convention Center & Hyatt Regency Hotel - Bellevue, Washington

Send In this registration form, or register online at: www.StormCon.com

Registrant InformationFirst Name:_ Last Name: M oCompany/Agriricy/Aff I Notion:_____Address: A i& fc-/atv:

J w £ /

Phone:E -m a il: r t ^ S C -v V v1. Primary Business (Check only one)H i l Municipal Government (City, Township)□ 2. County Government□ 3 Special District/Authority□ 4. State Government□ 5. Federal Government□ 6. Other Government Agency dealing with surface water quality□ 7. Engineering/Design/Consulting Firm dealing with surface water quality□ 8. Contracting/Construction Firm dealing with surface water quality□ 9. Dealer/Representative/Distributor/Sales□ 10. Association/Society/Library/Educational Institution

Stato/Provlncc: AJ tAA. fax: ¿ jS T y y

Zip/Postal Code:. Country:. u S A

Web Site Address;Free Subscription (S^es! I wish to receive Stormwater magazine FREE□ No

What is Your Job Title?□ ,1. Owner/President/Vice President/Elected Official 0 2 . Manager/Director/Foreman/Supervisor/Inspector□ 3. Director/Chief/Superintendent□ 4. Engineer/Technician/Specialist/Designer□ 5. Program Manager/Coordinator/Project Manager/Planner□ 6. Other (Specify)

2. Pre-Conference Two Day Workshops

Developing Effective and Practical Storm Water Pollution Prevention PlansSupday, Monday, August 27 and 28, 8:30 a.m. - 4:00 p.m.[3 $275*00 Attendee- Speaker, Sponsor, Exhibitor □ $75.00 Student

CERTIFICATIONCertified Inspector of Sediment and Erosion Control (CISEC®)Sunday, August 27, Training Modules, 8:30 a.m - 5:00 p.m.Monday, August 28, Training Modules, 8:30 a,m. - 11:30 a.m.Monday, August 28, Exam, 1:00 p.m. - 5:00 p.m v □ $275.00Must be pre- approved to sit for the exam. See www.cisecinc.org for approval process

6. Registration Package Fees May 1 to August 1, 2017Full Conference Package (2.5 days): Tuesday, August 29, Wednesday, August 30, and Thursday,Aligns- II ' 7r$575.00 Attendee □ $500.00 Speaker, Sponsor, Exhibitor □ $125.00 Student 2-Day Conference Package: Tuesday, August 29, and Wednesday, August 30□ $575,00 Attendee □ $500,00 Speaker, Sponsor, Exhibitor □ $100,00 Student 2-Day Conference Package: Wednesday, August 30, and Thursday, August 31□ $575.00 Attendee □ $500.00 Speaker, Sponsor, Exhibitor □ $100.00 Student 1-Day Conference Package: Tuesday, August 29□ $475.00 Attendee □ $395.00 Speaker, Sponsor, Exhibitor □ $75.00 Student 1-Day Conference Package: Wednesday, August 30□ $475.00 Attendee □ $395.00 Speaker, Sponsor, Exhibitor □ $75 00 Student 1-Day Conference Package: Thursday, August 31□ $300 00 Attendee □ $285.00 Speaker, Sponsor, Exhibitor □ $50.00 Student

3. Pre-Conference One Day Workshops

BMP Selection to Improve Your WatershedMonday, August 28, 8:30 a.m. -4:00 p.m.□ $275.00 Attendee, Speaker, Sponsor, Exhibitor □ $75,00 Student

Construction Site SWPPP Compliance: Tools, Tips and TricksMonday, August 28, 8:30 a.m. -4:00 p.m.□ $275.00 Attendee, Speaker, Sponsor, Exhibitor □ $75.00 Student

Repairing Entrenched, Incised, and Degraded (Urbanized) Streams - Techniques and Case StudiesMonday, August 28, 8:30 a.m, - 4:00 p.m.□ $275,00 Attendee, Speaker, Sponsor, Exhibitor □ $75.00 Student

Fundamentals of Industrial Stormwater ManagementMonday, August 28, 8:30 a m -4:00 p.m.□ $275 00 Attendee, Speaker, Sponsor, Exhibitor □ $75.00 Student

Fundamentals of an MS4 Stormwater Management programSunday, August P. 7, 8:30 a m - 4:00 p m□ $275,00 Attendee, Speaker, Sponsor, Exhibitor □ $75.00 Student

Stormwater Pollution Modeling for LID, TMDL, and Retrofitting Analyses- WinSLAMMMonday, August 28, 8:30 a.m. -4:00 p.m□ $275.00 Attendee, Speaker, Sponsor, Exhibitor □ $75.00 Student

Biotic Ligand Model (BLM) Monday, August 28, 8:30 a.m. - 4:00 p.m.□ $275.00 Attendee, Speaker, Sponsor, Exhibitor □ $75.00 Student

7. Tour Registration: $85.00 eachStormwater Bus Tour

□ $85.00

Networking Lunch: $45.00 each□ Tuesday, August 29 □ Wednesday, August 30

NOTE: Tuesday and Wednesday Lunch is included with Conference Registration

8. Exhibit Hall Only: $50.00 each□ Tuesday, August 29 CD Wednesday, August 30

9. Please Indicate Method of Payment:CD Check (Please make checks payable to StormCon)Checks must be payable in US dollars and drawn on a US bank.Any processing fees will be billed to the registrant.Purchase Order Number: ______________(P.O. Number must be enclosed with this form Fee is to be paid in full prior to StormCon)

Please Charge: CD Visa (□ MasterCard CD AmEx CD DiscoverAccount Number:_______________________________________ ______________________Expiration Date:Cardholder Name SignatureAddress:__________________City:___________

_ Credit Code:

State/Province:_____Zip/Postal Code:_____Country:_________ _

5. EARLY BIRD Registration Package Fees Prior to May 1, 2017Full Conference Package (2.5 days): Tuesday, August 29, Wednesday, August 30, andThursday, August 31, 2016□ $535.00 Attendee □ $465.00 Speaker, Sponsor, Exhibitor □ $100.00 Student 2-Day Conference Package: Tuesday, August 29, and Wednesday, August 30□ $535,00 Attendee □ $465.00 Speaker, Sponsor, Exhibitor □ $100 00 Student 2-Day Conference Package; Wednesday, August30, and Thursday, August 31□ $520.00 Attendee □ $465.00 Speaker, Sponsor, Exhibitor □ $100 00 Student 1-Day Conference Package: Tuesday, August 29□ $375.00 Attendee □ $345.00 Speaker, Sponsor, Exhibitor □ $75.00 Student 1-Day Conference Package: Wednesday, August 30□ $375.00 Attendee □ $345.00 Speaker, Sponsor, Exhibitor □ $75.00 Student 1-Day Conference Package: Thursday, August 31□ $295 00 Attendee □ $270.00 Speaker, Sponsor, Exhibitor □ $50 00 Student

Please Note: To avoid delays in registration, please submit one completed registration form per person If you are paying by check or purchase order, please mail the registration form with your payment.

Cancellation Policy: Cancellations prior to July 2, 2017, will be subject to a processing fee of 35%. After July 2, 2017, registration fees will not be refunded, but may be applied to another individual's registration fees StormCon must be notified in writing prior to July 2, 2017 of any transferred registration. A completed form with the new attendee's information must accompany the notification.

Submit this completed registration form by mail to:Forester Media Inc., c/o StormCon RegistrationP.O. Box 3100, Santa Barbara, CA 93130or by e-mail to [email protected] by fax to: 805-682-0200, attention: StormCon RegistrationQuestions? Contact us at 805-679-7631 This form may be reproduced without the written permission of StormCon

RESOLUTION NO. 2017-_____

A RESOLUTION ADOPTING CHANGES TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN DOÑA ANA COUNTY AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 18, LOCAL 1529

WHEREAS, Doña Ana County (hereinafter “County”) and American Federation of State, County, And Municipal. Employees, Council 18, Local 1529, representing detention center employees (hereinafter “AFSCME”) have completed negotiations pursuant to Article 24 (Wage Increase and Re-Opener) of the existing collective bargaining agreement.

IT IS HEREBY RESOLVED by the Board of County Commissioners of Doña Ana County (hereinafter “BOCC”) that the Amendment to the collective bargaining agreement between the County and AFSCME representing detention center employees is approved and shall become effective upon this approval. Any increase in wages agreed to will become effective on the first day of the first full pay period following the approval of the agreement by the BOCC.

IT IS FURTHER RESOLVED, that the BOCC delegates signature authority of the Amendment to the Collective Bargaining Agreement to the county manager.

ADOPTED this 25th day of July, 2017.

BOARD OF COUNTY COMMISSIONERS OFDOÑA ANA COUNTY, NEW MEXICO


John L. Vasquez, Vice Chair, District 5 For / Against




ATTEST:


AGREEMENT BETWEEN

DONA ANA COUNTY, NEW MEXICO

AND

AMERICAN FEDERATION OF STATE, COUNTY

AND MUNICIPAL EMPLOYEES;NEW MEXICO COUNCIL 18,

BLUE COLLAR LOCAL 2709 AFL-CIO

Ardele 1 AUTHORITY

1. This agreement (hereinafter the “Agreement”) is entered into between Doña Ana County (hereinafter the “County”) and the County employees in the Doña Ana County Blue Collar Unit affiliated with Council 18 of the American Federation of State, County and Municipal Employees, AFL-CIO (hereinafter referred to as “Union”), in accordance with the provisions of DACC Chapter 73 Labor Management Relations.

2. DACC Chapter 73 Labor Management Relations was enacted to guarantee County employees the right to organize and bargain collectively with their County, to protect the rights of the County and the employees, to promote harmonious and cooperative relations between the County and the employees, and to acknowledge the obligation of the County and the employees to provide orderly and uninterrupted services to the citizens.

Article 2 RECOGNITION

1. Pursuant to applicable law, the County recognizes the Union as the sole and exclusive representative in all matters establishing and pertaining to all terms and conditions of employment for all employees in the bargaining unit occupational groups including part time and full time regular employees. Probationary employees will not be represented by the Union in disciplinary or work performance related actions. Probationary employees are at will employees during the probationary period of one year.

2. The Union shall provide the County with a written list of its stewards, Union officials, and other Union staff who are authorized to act on behalf of the Union within thirty (30) calendar days of the ratification and approval of this Agreement.

3. The Union shall provide written notice to the County of any change in Union stewards or officers within ten (10) work days of such change.

4. The notice required in paragraphs 2 and 3 will be in writing to the Director, Human Resources Department, 845 N. Motel Blvd., Room 2-190, Las Cruces, New Mexico 88007.

Article 3 UNION RIGHTS

1. Right of Access

A. Union staff representatives and employees who are officers of the Union and/or job stewards shall have reasonable access to work areas for the purpose of conducting Union business. It is understood that such representatives and officers, while visiting County facilities, will not disturb or interfere with the work of employees or other County

AFSCME Blue Collar

operations. Representatives shall notify the front desk or supervisor about their presence on County facilities and shall follow all required security and safety procedures.

B. The Union has the right to represent the interests of employees in the bargaining unit and those other rights specifically delineated in this Agreement. Representation of probationary employees is limited as stated in Article 2, paragraph 1.

Article 4 APPLICABLE HUMAN RESOURCES POLICIES AND PROCEDURES AS AMENDED MAY 24, 2011

1. It is the intent of the parties that the following sections from the Human Resources Policies and Procedures as Amended May 24, 2011, apply to the terms and conditions of employment of the members of the collective bargaining unit, except where the provisions within the sections may be in conflict with specific articles of the Agreement.

2. When the County intends to add, delete, or modify any of the following sections of the Human Resources Policies and Procedures, the County will notify the Union in writing of its intent to do so no less than thirty (30) calendar days prior to the implementation of the proposed change. If the Union does not object to the change, the change will apply to employees of the collective bargaining unit. If the Union objects to the change, the Union will notify the County in writing of its objection to the change within fourteen (14) calendar days of the date of the County’s sending the notification. The County and the Union will then meet within fourteen (14) calendar days of the objection. If the County and Union are unable to reach an agreement on the proposed change, the current language will continue to govern employees of the collective bargaining, except where there is a financial impact to the County and the County does not appropriate for an item.

1 -1. Prior Policies and Procedures1-2. Collective Bargaining Agreements1 -3. Management Rights and Responsibilities1- 4. Employee and Volunteer Rights and Responsibilities

2- 1. Equal Employment Opportunity2-2. Discrimination2-3. Discrimination and Harassment Procedures 2.4. Nepotism2-5. Conflict of Interest and Code of Ethics2-6. Personal Relationships2-7. Legal Matters2-8. External Communication2-9. Outside Employment

AFSCME Blue Collar 2017-2020

2-10. Political Activity 2-11. Fraud2-12. Reports of Misconduct or Wrongdoing2-13. Use of Public Property2-14. Reasonable Accommodation Policy2- 15. Break for Expressing Breast Milk

3- 1. Recruitment3-2. Eligibility for Employment3-3. Minimum Qualifications3-4. Placement within the Department3-5. Posting Procedures for Positions Not Filled Through Placements within the Department3-6. Exceptions to Posting3-7. Application Forms3-8. Filing of Applications3-9. Substitutions

1. Substitution of Experience for Education2. Substitution of Education for Experience3. Level of Experience4. Non-Allowable Substitutions

3-10. Disqualification of Applicants 3-11. Assessment of Applications 3-12. Applicant Tests3-13. Applicant Interviews 3-14. Hiring Recommendations 3-16. Closeout of Other Applicants 3-17. Recruitment for Unclassified Positions 3-18. Applicant Expenses3- 19. B ackground Checks

4- 1. Employment-Eligibility V erification4-2. Classified and Unclassified Positions4-3. Types of Positions4-4. Position Designations

1. Non-Exempt2. Exempt

4-5. Fair Labor Standards Act (FLSA) Compliance4-6. Probationary Status4-7. License/Occupational Certification4-8. Volunteers/Intems4-9. New-Employee Orientation


5-1. Classification and Compensation Plan5-2. Objectives for the Classification and Compensation Plan5-3. Classification Plan Administration5-4. Position Reclassifications5-5. New Job Classifications5-6. Job Evaluation Criteria5-7. Compensation Plan Update5-8. Compensation Administration

1. Starting Salary2. Promotions3. Lateral Transfers4. Demotions5. Temporary Assignments6. Move from Unrepresented to Represented

5-9. Overtime/Compensatory Time5- 11. Call-Back Pay

6- 1. Hours of Work1. Normal Workweek and Work Hours2. Flexible Work Time3. Alternative Work Schedule

6-2. Absences and Tardiness6-3. Meal and Rest Periods6-4. Standards of Conduct6-5. Pay Periods6-6. Time Reporting6-7. Payroll Disbursements6-8. Official Personnel Records6-9. Public-Record Information6.10. Access to the Official Personnel File6-11. Copies of Personnel Records6-12. Negative or Derogatory Information6-13. Verification of Employment6-14. References/Recommendations6-15. Personal Appearance6-16. Electronic Mail, Computer and On-Line Services

A. Condition of EmploymentB. Software CopyrightC. Prohibited UseD. PasswordsE. Consequences of Prohibited Use


6-17. U.S. Mail and Telephone Systems6-18. Bulletin Boards6-19. Photographs6-20. Cell-Phone Usage6-21. Children of Employees at Work6-22. County Driver Training6-23. Motor Vehicle Records Check6-24. Loss of Driver’s License6-25. Employee Parking6-26. Identification Badges6-27. Use of Tobacco Products In and Around County Property 6-28. Workplace Violence 6-29. Drug Free Workplace 6-30. Alcohol and Drug Testing

A. Random Drug and Alcohol Testing (CDL)B. Voluntary Self Identification by EmployeesC. Refusal to Submit to Drug or Alcohol TestingD. Positive Results of Drug and Alcohol TestingE. Confidentiality

6-31. Controlled Substances Abuse and Misuse 6-32. Tape Recording of Conversations6- 33. Supervisory Training Courses

7- 1. Workers-Compensation InsuranceA. ReportingB. Medical ProceduresC. FMLA CoordinationD. Re-Employment of an Injured County Employee

7-2. Modified Duty7-3. Group Insurance Coverage7-4. Retiree Health Insurance7-5. COBRA7-6. Domestic Partner Benefits7-7. Public Employee Retirement Association (PERA)7-8. Alternative Retirement Plan for Educational Retirement (ERB) Retirees7-9. Deferred Compensation Retirement Plan7-10. Employee Assistance Program7-11. Educational Assistance Program7-12. Certification/License Examination Expenses7-13. Medical Privacy


8-1. Leave Accrual and UsageA. Authorized LeaveB. Unauthorized Leave

8-3. Vacation Leave8-4. Sick Leave8-5. Sick Leave Bank8-6. Family Medical Leave Act8-7. Family Military Leave8-8. Fitness for Duty8-9. Military Leave8-10. Civic Duty Leave8-11. B ereavement Leave8-12. Blood Donation8-13. Emergency Volunteer Service Leave8-14. Administrative Leave Due To Inclement Weather and Hazardous Conditions8-15. Holidays and Personal Day8-16. Leave of Absence8-17. Administrative Leave with Pay8- 18. Domestic Abuse Leave

9- 1. Coaching and Counseling9-2. Work Performance Evaluations9- 3. Performance Improvement Plan

10- 1. Discipline System10-2. Grounds for Disciplinary Action10-3. Types of Discipline10- 8 Complaints

11- 2. Medical Separations11-3. Resignations11 -4. Exit Processing11-5. Separation Pay 11-6. Eligibility for Rehire

Article 5 EMPLOYEE INFORMATION

1. The County will provide, at the written request of the Union, the following information related to bargaining unit employees: name, address, phone number, job title, assignedsalary, office or department, and date of last hire. Requests for this information may not exceed two times in one calendar year. If the Union makes a request in excess of the two


times per calendar year limit, the Union will pay an administrative fee of $50.00 for each request beyond the two requests before the County is obligated to provide the information. The employee’s address and phone number will be those reflected in the employee’s personnel file.

2. The request by the Union will provide an email address to which the report may be sent.

Article 6 FAIR SHARE

1. Fair Share is the payment of an agency fee by bargaining unit members who are not dues- paying union members for expenses related to negotiating and administering the collective bargaining agreement. Any agency fee provision negotiated pursuant to this Agreement shall comply with all State and Federal requirements. Pursuant to this Agreement, the following procedure shall be implemented for payment of agency fees:

2. The Union will not collect agency fees unless the Union has provided proof to the County that no less than 50% of the employees within the collective bargaining unit are dues-paying members.

3. The amount of the agency fee shall include only costs related to the negotiation and administration of the collective bargaining agreement and the adjustment of grievances or disputes of bargaining unit employees, provided, however, that in no event shall the fee exceed 75% of the Union’s membership dues.

4. The procedures used by the Union for calculating and collecting the fee will comply with all State and Federal requirements. Those procedures will include provision of a notice to nonmembers every twelve (12) months informing them of the amount of the agency fee for the next twelve (12) months and the basis on which the amount was determined. The notice also will inform non-members that they have the right to challenge the amount of the agency fee through a procedure set forth in the notice, under which any challenges will be resolved by an impartial decision maker. To the extent that applicable State and Federal Law requires that any portion of a challenger’s agency fee be held in escrow pending resolution of the challenge, the Union will comply with any such requirement.

5. At the same time as it provides to non-members the notice described in subparagraph 3, the Union shall certify to the County, in writing, by a duly authorized officer, the amounts to be deducted as agency fees during the twelve (12) month period then commencing. Upon receipt of that certification, the County shall commence on the first full pay period following receipt of the notice making employee payroll deductions of the specified agency fee payments for each pay period of that twelve (12) month period.


6. All money deducted from wages for agency fees shall promptly be remitted to the Union after the payday covering the pay period of the deduction. If any employee has insufficient earnings for the pay period, no agency fee deduction will be made for that employee for that pay period.

7.

A. The Union will indemnify and hold the County harmless against any and all claims, demands, suits or other forms of liability, including payment of reasonable attorney fees and costs for counsel selected by the County, for any claim or challenge to imposition of an agency fee, subject to applicable law.

B. If an Arbitrator or Court finds that the Union has failed to indemnify and hold the County harmless against any and all claims, demands, suits or others forms of liability that shall arise out of or as a result of any conduct taken by the County for the purpose of complying with this section, it may award the County the ability to withhold payment of dues/agency fees until the obligation of indemnification is satisfied.

Article 7 DUES DEDUCTIONS

1. Upon receipt by the Human Resources Department of a voluntary authorization for dues deduction card signed by a non-probationary employee, the County will deduct from the pay of the employee, beginning the first full pay period after receipt of the card, membership dues levied by the Union in accordance with its dues structure and paragraph 6 below.

2. The employee may terminate the collection of union dues by presenting a document signed by the employee to the Human Resources Department between June 1st and June 30th of any year of this agreement directing the county to cease such collection. The Human Resources Department will notify the Union president within two (2) work days of receipt of the document. The tennination of dues will take effect at the end of the first full pay period in July of that year.

3. The County will forward to AFSCME Council 18 all dues withheld pursuant to valid authorization cards. Dues withheld for each payroll period will be forwarded to the person/office designated in writing by the AFSCME Council 18 Executive Director. AFSCME will inform the County Human Resources Department in writing of such designation within thirty (30) calendar days of the adoption of this agreement by both parties.

4. The Union will indemnify and hold the County harmless against any and all claims, demands, suits or other forms of liability that arise out of or as a result of the County's compliance with this Article.


5. Employees promoted or transferred to a position outside the bargaining unit will be automatically withdrawn from the union/bargaining unit by personnel action of the Human Resources Department.

6. Dues may be modified only one time in a calendar year unless otherwise agreed in writing by both parties. Modified dues rates shall become effective at the beginning of the first full pay period after receiving notice from the Union.

Article 8 DISCIPLINARY ACTIONS

1. Discipline shall only be for just cause.

2. The County reserves the right to investigate allegations of employee misconduct and/or poor performance.

3. An employee may be placed on administrative leave with pay, if appropriate, during an investigation of the employee.

4. During an investigation, no documentation related to the matter under investigation will be placed in the employee’s official personnel file until the investigation has been completed.

5. Interviews of the employee who is the subject of the investigation will be conducted when the employee is on duty or during the employee’s normal working hours, unless the urgency of the investigation requires otherwise.

6. Interviews of the employee who is the subject of the investigation will be conducted at County facilities, unless the urgency of the investigation requires otherwise.

7. An employee shall be permitted at any phase of an investigation which may reasonably lead to a suspension without pay, demotion, or termination, including interviews by a management representative, to have a representative of his/her choosing present for the purpose of advising the employee.

8. Prior to the imposition of discipline other than verbal or written reprimand or warning, the employee will be advised in writing of the charges against him/her. The writing will include the factual basis for the discipline and the proposed discipline including a summary of the circumstances giving rise to the charges; and the specific rules, regulations, policies, and/or procedures that have allegedly been violated.


9. Employees will cooperate in all investigations conducted by or on behalf of the County, including polygraph exams. After reviewing all the information collected in the course of an investigation of an employee, the department head or designee may order the employee to submit to a polygraph examination administered by a licensed polygraph examiner, provided that all other reasonable investigative means have been exhausted. Failure to cooperate may be the basis for disciplinary action, up to and including termination. Nothing herein shall preclude an employee from exercising any constitutional or statutory right to which the employee may be entitled.

10. Except as otherwise provided by an arbitrator or a court of law, disciplinary actions shall be noted in the employee’s official personnel file and shall not be purged.

11. Disciplinary actions involving counseling and documented verbal reprimands may not be appealed. The employee may attach a rebuttal to any written disciplinary documentation in the employee’s personnel file.

12. All other disciplinary actions may be appealed through the grievance procedure contained in this Agreement, including suspension without pay, demotion, and termination. In any disciplinary actions appealed to arbitration through the grievance procedure contained in this Agreement, the arbitrator shall apply just cause as the standard for discipline and use preponderance of evidence as the standard of proof (i.e.; 51% or higher).

13. All disciplinary actions, including oral reprimands, written reprimands, demotions, suspensions, or terminations will be for just cause. All findings will be handed down in a timely manner not to exceed twenty (20) business days from the conclusion of the investigation, which occurs when the official finding(s) form is issued by the department head or designee. The twenty (20) business days begins on the following business day and refers to Monday through Friday, excluding holidays.

14. An employee may be allowed to use up to 50% of the amount of suspension time, up to a maximum of ten (10) days of accrued vacation or comp time in lieu of suspension without pay. This option is available to the employee only if they do not appeal the suspension.

15. Pre-Determination Hearing

A. The employee is entitled to a pre-determination hearing whenever unpaid suspension, demotion or termination of employment has been recommended.


B. Following notification of intent to suspend, demote or terminate employment the employee may be placed on administrative leave, with pay, pending the predetermination hearing outcome with the approval of the Human Resources Director and County Manager.

C. Within five (5) work days of receipt of the Notice of Intent to Suspend, Demote or Terminate, the employee shall deliver a written memorandum to the Human Resources Director to indicate the employee is requesting a pre-determination hearing, with receipt acknowledged by the Human Resources Department.

D. If the employee does not request a pre-determination hearing, the employee is deemed to have waived his/her right to contest the matter and the action recommended in the notice of intent shall take effect.

E. In the event the employee requests a pre-determination hearing the department head or designee shall hold an informal hearing to allow the employee the opportunity to respond to the proposed disciplinary action.

F. The employee may be accompanied by a representative, in the capacity described below, may cross examine any witnesses who have provided statements, and may present documents on his/her behalf. If the representative is an attorney, the employee must so inform the human resources representative to allow the County time to arrange for its general counsel to be present at the hearing. The County reserves the right to have the general counsel present at any and all hearings.

G. The department head or designee is fully empowered to grant or refuse extensions of time, to set procedures for the hearing, to conduct the hearing, and to take actions relative to the proceedings.

H. The hearing may be continued at the request of either the employee or the department head or his/her designated. Requests to continue the hearing must be submitted to the Human Resources Director in writing at least three (3) work days before the hearing date. Continuances will not be granted to accommodate the schedule of representatives or witnesses. The Human Resources Director will notify all concerned parties of the continuance.

I. Failure of the employee to comply with these procedures and/or failure to appear at the time and place of the hearing will result in dismissal of employee’s request for a hearing and the action recommended in the notice of intent shall take effect.


J. If the department head or designee determines that the recommended disciplinary action was arbitrary or taken without just cause, the disciplinary action maybe revoked or modified. The department head or designee may otherwise modify or affirm the recommended disciplinary action.

K. The department head or designee shall make a determination regarding the proposed action based on the evidence presented at the pre-determination hearing.

L. The employee shall be notified by the department head or designee, within five (5) work days, of the results of the hearing.

M. The Notice of Determination will specify the disciplinary action to be imposed, and the effective date of the action. The notice will be delivered by mail to the employee’s address of record or by personal delivery.

N. The findings and decisions of the department head or designee may be appealed in accordance with the article governing appeals. Only employees who elect to have the pre-determination hearing shall have an appeal right.

O. Nature of the Pre-Determination Hearing.

(1) The hearing shall be informal. The technical rules of evidence and court procedure shall not apply, except that irrelevant, immaterial, or unduly repetitious material may be excluded. Evidence protected by the rules of privilege recognized by law may also be excluded.

(2) The Employee may present his own evidence and statement. The Employee may choose one representative to accompany him/her at the hearing. The Employee may choose a non-attorney union representative who may present evidence and argument on behalf of the Employee. The Employee may, in the alternative, and at their own cost choose an attorney representative to accompany him/her at the hearing, however, the attorney may attend only as an observer and may not participate in and obstruct the hearing process. In the event the attorney observer is disruptive to the proceedings the hearing officer may remove them from the hearing. County Management reserves the right to have a member of the Legal Department attend all hearings.

(3) The audio or video recording of the pre-determination hearing is not allowed.

P. Witnesses.


(1) The department head or designee may limit the number of witnesses on any issue, including character and reputation evidence.

(2) The department head or designee may exclude from the room any witness not at the time under examination. The employee, the department head, and their representatives may not be excluded unless their behavior is disruptive.

(3) Coordination of witnesses and collection of witness statements on behalf of the employee requesting the hearing are that employee's responsibility except in cases of discrimination, harassment or workplace violence. In cases of discrimination, harassment or workplace violence, the employee shall provide a witness list to Human Resources at the time the hearing is requested and Human Resources will arrange for the witness(s) to appear. In the event that a county employee is uncooperative when contacted, Human Resources shall be notified by the employee requesting the hearing and will assist in securing the employee’s cooperation.

Article 9 GRIEVANCE PROCEDURE

1. The purposes of this grievance procedure include:

A. To promote improved employer-employee relations by establishing grievance procedures on all disputes.

B. To afford each employee a systematic means of obtaining further consideration of problems.

C. To ensure that efforts are made to settle grievances at the lowest level.

D. To handle grievances as informally as possible.

2. The following matters are subject to the grievance procedure:

A. Any decision that violates this agreement, County ordinances, policies or procedures; Federal or State laws or regulations; or established public policy, with the following exceptions'.

(1) Verbal reprimands.

(2) Performance evaluations.

(3) Non-selection for vacant positions.


(4) Disputes as to whether an established County policy or practice is good or appropriate.

(5) Management style, job direction and assignment of tasks/duties.

(6) Reassignment or transfer provided there is no loss in pay.

(7) Resignation by the employee.

(8) Staffing patterns.

3. Grievances must be initiated within ten (10) work days of the incident giving rise to the grievance.

4. Informal Grievance Procedure.

A. Any employee who has a grievance should first try to settle it through discussion with his/her immediate supervisor. This step should be taken without undue delay.

B. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to initiate a formal grievance within the ten (10) work day deadline.

5. Formal Grievance Procedure.

A. Issues that cannot be resolved through the informal grievance procedure may be taken to the formal procedure. The levels of review in the formal grievance procedure follow the chain of supervision and are listed below:

B. First Step. The grievant shall serve a written grievance with the grievant’s immediate supervisor and the Human Resources Department unless the grievance is against the immediate supervisor in which case the employee shall serve the written grievance at the next supervisory level and the Human Resources Department within ten (10) work days of the precipitating event or five (5) work days of concluding the informal grievance process whichever is later.

C. Second Step. If the grievance is not resolved within ten (10) work days at the First Step, the grievant may serve a copy of the written grievance to the department head or designee. This written grievance must be served within ten (10) work days from the date of the immediate supervisor’s response or the date that a response was due, whichever is earlier, or the grievance is forever barred.


D. Third Step. If the grievance is not resolved within ten (10) work days at the Second Step, the grievant may serve a copy of the written grievance with the County Manager. This written grievance must be served within ten (10) work days from the date of the department head or designee’s response or the date that a response was due, whichever is earlier, or the grievance is forever barred.

(1) The County Manager will issue a final decision within ten (10) work days of receiving the grievance

6. Conduct of Grievance Procedure

A. The time limits specified above may be extended by mutual agreement of the employee and management.

B. Once a grievance has been dismissed, either through direct action or by inaction, the grievance cannot be reinstated by the employee.

C. Employees shall be free from reprisal for using the grievance procedures.

7. Arbitration. The County or the Union may request arbitration of the final decision of theCounty Manager. The request for arbitration must be submitted in writing to the Director,Human Resources Department within ten (10) work days of receiving the final decision. Thedeadline to request arbitration may not be extended.

A. An employee must have the written concurrence of the Union at the time the request for arbitration is submitted. Failure to have the written concurrence of the Union will bar the request for arbitration.

B. The Union and the County will each pay one-half of the arbitrator’s fees and expenses.

C. The Arbitrator will be selected from a list of five (5) arbitrators provided by the Federal Mediation & Conciliation Service. If the Union and County cannot agree on an arbitrator from the list, the Union will exercise the first and third strike of names and the County will exercise the second and fourth strike of names. The remaining name will be the Arbitrator for the matter.

D. The Arbitrator will be bound by the laws of the State of New Mexico.

E. Hearing.

(1) The hearing will be informal.


(2) The Arbitrator will issue a final decision within sixty (60) calendar days of concluding the hearing.

Article 10 CONTRACTING OUT

1. Unless otherwise provided by law, the County recognizes the integrity of the bargaining unit and will use bargaining unit employees to perform bargaining unit functions in preference to contracting out County work. However, it is the prerogative, right, and responsibility of the County to determine the work that is to be performed by an employee, a contractor, or members of this bargaining unit. In the event the County proposes to use non-bargaining unit individuals to perform bargaining unit work, the County will provide the Union with notice at the earliest opportunity, but normally at least forty-five (45) calendar days in advance. The Union may request, within three (3) work days of receiving the notice, a meeting to discuss its concerns. The County will be available to meet with the Union within ten (10) work days of the Union’s request.

2. The County will inform the Union, in writing, about the kind of work it would contract out and the approximate duration of the project.

3. The County is committed to contract out work on a case-by-case basis and according to specific needs as demanded by specific projects. The primary intent of contracting out bargaining unit work will not be to displace bargaining unit employees.

4. Jobs that are currently contracted out by the County may continue to be contracted out in the same manner.

Article 11 HOURS OF WORK FOR BUILDING ATTENDANTS

1. Hours of work for building attendants will be as follows:

5:00 a.m. - 2:00 p.m. to include a one (1) hour lunch 6:00 a.m. - 3:00 p.m. to include a one (1) hour lunch 7:00 a.m. - 4:00 p.m. to include a one (1) hour lunch 8:00 a.m. - 5:00 p.m. to include a one (1) hour lunch 9:00 a.m. - 6:00 p.m. to include a one (1) hour lunch

2. Shift preference will be assigned by seniority. In order to preserve a good balance of experience and skills on each shift, no more than 50% of building attendants on a shift will be assigned based on seniority. When there is an uneven number of building attendants assigned to a shift, no more than 50% minus one building attendant will be assigned based on seniority.


3. Management shall give five (5) calendar days notice of any transfer resulting in a change of shift or work day, except when management has determined that an operational necessity does not permit the five (5) calendar day notice.

Article 12 CREW/WORK ASSIGNMENTS

1. Management will determine the makeup of each crew or work assignment by job description.

2. Employees will bid for crew or work assignments every six (6) months in June and December of each year.

3. Crew/work assignments within each crew or work assignment will be determined by seniority in Classification.

4. Management and the Union agree that the purpose of this article is to allow employees with seniority to have the first option of crew and work assignment over less senior employees within the same job description.

5. All ties in seniority will be broken by lots.

Article 13 LAY OFFS-REDUCTION-IN-FORCE

1. Separation. An employee may be laid off due to a shortage of County funds, elimination of positions, or elimination of work.

2. Notice. When a department anticipates a layoff for any of the above reasons, the Human Resources Department will provide notice to the Union and the employee, absent exigent circumstances, at least thirty (30) calendar days in advance of the effective date of the layoff.

3. Order of Layoff. Employees will be laid off based on seniority, with the least senior employee being laid off first. The criteria for implementing a layoff will be by the following priority:

A. Seniority with the County;

B. Seniority in the Department;

C. Seniority at a particular job; and

D. For employees in codes and animal control, this step will be based on their first attended National Animal Control Association test score.


E. Drawing of lots.

4. A classified employee scheduled for layoff may be assigned to another position provided:

A. The employee’s work status is satisfactory.

B. The employee meets the qualifications for the position.

C. The employee agrees to accept the pay rate of the position.

5. An employee who because of a layoff transfers out of the bargaining unit to accept another position with the County may return to the former position if it is available within three hundred sixty-five (365) calendar days without any loss of seniority. The employee shall make his decision to return to the former position within five (5) calendar days of being notified in writing that the position is available.

Article 14 ON-CALL PAY

1. Employees, other than animal control officers, who are required to be in “on-call” status during other than normal business work hours within a pay period shall be compensated at the rate of $70 per week.

2. Animal control officers will generally be in “on-call” status for one day at a time. On-call status will generally rotate through all animal control officers subject to on-call before an officer is on-call again. Each animal control officer who is subject to the rotating on-call status will receive $30.00 additional pay every pay period as compensation for their rotating through on-call status.

Article 15 OVERTIME

1. All overtime will be assigned to the employee whose job description meets the work requirements of the overtime and who has seniority. Overtime will rotate by seniority through all employees whose job description meets the work requirements of the overtime. Each department’s manager will keep sufficient records of overtime assignments to demonstrate that overtime assigmnents have been properly made in accordance with this article.

2. An employee may decline the overtime assignment if another employee who meets the requirements of the overtime work is readily available. Management will make the determination if a less senior employee is readily available to meet the overtime work requirement.


3. Management and the Union agree that the purpose of this article is to allow employees with seniority to have the option of working overtime before less senior employees.

Article 16 PROMOTIONS AND TRANSFERS

1. Qualified employees within the bargaining unit will be given first consideration for filling a vacancy within the bargaining unit, promotions within the bargaining unit, transfer or assignment within the bargaining unit.

2. Selection for promotion or transfer will be made on basis of education, experience, training, skills, job performance and other abilities, as well as test scores, where applicable. Where these are equal among candidates, seniority in the department will be the deciding factor.

3. When there is a vacancy within a department which could allow an employee assigned to that unit a promotional opportunity, a notice of such vacancy will be posted on the appropriate bulletin boards for a period of seven (7) calendar days. In cases where a promotional testing list exists, vacancies will not be posted but selection will be made from the list. All circulars will be made available to the Union President.

4. An employee who applies for a position and does not meet the stated criteria/qualifications will, upon written request, be given appropriate written reason(s) why the applicant was not qualified. The reasons shall be returned to the applicant within twenty (20) calendar days after the written request has been received. The written reason(s) is intended to be instructional for the applicant. The reason(s) shall not be grievable under this agreement’s Grievance procedure unless the reason(s) violate protections set forth in this agreement. The Union President or his/her designee may meet with the department director on recommended criteria for consideration when a position vacancy exists.

5. Pay Adjustments:

A. If an employee applies for and is selected for a position within a higher grade than the employee’s current assigned grade, the employee will receive the entry rate of pay of the higher grade.

B. In the case of a demotion, the employee shall be placed in the pay grade for the position to which the employee is demoted at a rate of pay commensurate with the employee’s education, years of service, and directly related work experience as compared to other represented employees in the new pay grade.


Article 17 NEW EMPLOYEES AND NEW JOB CLASSIFICATIONS

1. New employees hired into existing bargaining unit job classifications shall be considered part of the bargaining unit and shall be entitled to all benefits and obligations as other bargaining unit employees after completion of the probationary period.

2. When the County creates a new classification, it shall infonn the Union within thirty (30) calendar days as to whether the new classification is to be placed in the bargaining unit or in a different group. If the County decides to place the new classification outside of the bargaining unit, the Union has the right, within fifteen (15) calendar days after receipt of notification, to appeal such decision with the Director of Human Resources or Designee. A meeting between the Director of Human Resources and a Union staff representative or Union Officer as determined by the Union shall take place within fifteen (15) calendar days after receipt of the appeal to attempt to resolve the matter. The County and the Union shall be permitted to have two additional representatives at the meeting.

3. If the County and the Union are not able to agree on the proper placement of a new job classification, either party may file a petition for a unit clarification hearing with the local Labor Relations Board.

Article 18 JOB DESCRIPTIONS AND CLASSIFICATION CHANGE

1. No changes will be made to existing job descriptions within the bargaining unit without fourteen (14) calendar days notification to the Union. At the written request of the Union, the parties will meet and discuss changes in an existing job description.

2. The Union may request annually a copy of job descriptions for bargaining unit positions. The County will provide a copy of the job description unless it has not changed from the previous year.

Article 19 UNIFORMED JOB CLASSIFICATIONS (EXCLUDING ANIMAL CONTROL AND CODES)

1. The County shall provide the following uniform articles to new employees in positions that are required to wear uniforms:

A. Five shirts;

B. Five pairs of pants;


C. One jacket;D. One pair of work boots.

2. The County may require additional uniform articles, and if it does so, it will provide an appropriate number of such articles to the employee.

3. The County will replace uniform articles that become damaged or too worn. If there is a disagreement relating to the replacement of a uniform article, the department director’s determination shall be final.

4. The County shall provide proper tools for employees to complete their work safely.

Article 20 UNIFORM AND EQUIPMENT FOR ANIMALCONTROL/CODES OFFICERS

1. The Dona Ana County shall provide the following uniform articles to each hired Animal Control and Codes Enforcement Officer:

A. Six long sleeve shirts;

B. Six short sleeve shirts;

i. Or 12 shirts of their choosing

C. Six pants;

D. One winter jacket;

E. One raincoat;

F. One pair of boots;

G. Bite Stick Holder;

H. Radio holder;

I. OC Spray Holder;

J. Mini mag and holder;

K. Cell phone;


L. Tough book/computer;

M. Utility belt Set with four keepers.

2. An officer may elect to purchase a different brand of boots. If an officer chooses to do so, the officer shall be allowed a credit of $50.00 for the boot purchase. The officer shall be responsible for any cost, including taxes, shipping, etc., that exceeds $50.00. The boots must be black and cannot be any type of tennis shoe. Management reserves the right to disapprove the wear of any boot that it determines to be inappropriate for wear at work. An officer may receive advance approval of the desired boot by providing a photograph of the boot to Doña Ana County for approval.

3. Doña Ana County shall replace any item in paragraph la through lm when it has become damaged or too worn for wear at work. The officer must return the old uniform article to receive a new article at no cost. If there is a disagreement relating to the replacement of a uniform article, Doña Ana County’s determination shall be final.

Article 21 HEALTH ATDS & PERSONAL ITEMS DAMAGED IN THE LINE OF DUTY

1. Health aids damaged in the scope of assigned work will be repaired or replaced by the County. Health aids include prescription eye glasses, hearing aids, insulin pumps, and other medically prescribed aids.

Article 22 INOCULATION AND IMMUNIZATION

1. An Employee who while on duty is exposed to a contagious disease and who requests inoculation and immunizations for such disease will receive the medically necessary inoculation and immunizations for himself and his family at the County’s expense.

2. The County will take appropriate measures, as determined by County Risk Management, to protect employees from contagious diseases.

Article 23 MEETING SPACE

1. A Union staff member or union officer may request use of meeting rooms during normal department business hours on County facilities to conduct union business with employees in the bargaining unit. County employees attending union meetings during normal department business hours will be on authorized leave status or normal scheduled time off.


2. The County shall not interfere with the rights of employees and the Union to meet on matters related to the investigation or filing of a grievance.

3. The Union shall attempt to reserve meeting rooms by providing at least seven (7) calendar days notice. A request for use of meeting rooms by bargaining unit employees must be submitted to the department or office head or designee for approval. The department head or designee should respond to the person requesting the room no later than two (2) calendar days after the request is received.

Article 24 BULLETIN BOARDS

1. The County shall provide space for union bulletin boards in areas accessible and frequented by Bargaining Unit Employees. Bulletin Board must be similar in size and style as currently exists in the County facilities. The bulletin board used by the Union shall be secured with a lock and the Union shall designate no more than two officers as custodians of the keys to the bulletin board. The names of the two officers will be provided to the Department Director within five (5) calendar days of their designation or change in designation. Use of the bulletin board shall be limited to the posting of notices concerning union business such as information related to the recreational and social affairs of the Union or Chapter; Union or Chapter meetings, Union or Chapter elections; reports of enactments and judicial decisions affecting public employee labor relations; and notices or announcements pertaining to the activities of the Chapter, State or National Association.

2. The union bulletin boards shall not be used for political purposes or for statements/criticism concerning management.

Article 25 SAVINGS CLAUSE

1. If any provision of this agreement is declared invalid by any tribunal of competent jurisdiction, the validity of the remaining portions of the agreement shall not be affected.

2. If such a declaration of invalidity occurs, the parties will meet within two weeks of the declaration, to negotiate a provision to replace the provision that has been declared invalid.

Article 26 INSURANCE

1. Health and dental insurance premiums shall be paid on the following basis:

For employees hired prior to July 1, 2015, health and dental insurance premium shall be paid onthe following basis:


COVERAGE TYPE PREMIUM SPLIT

Employee - Single County 100%

Employee Plus One

Employee Plus Family

CountyEmployee

CountyEmployee

75%25%

75%25%

For employees hired on or after July 1, 2015, health and dental insurance premiums shall be paid on the following basis:


Employee - Single Salary < $30,000 County 80% Employee 20%Salary = $30,000 0 $49,999 County 75% Employee 25% Salary = $50,000+ County 70% Employee 30%

Employee Plus One Salary < $30,000 County 80% Employee 20%Salary = $30,000 0 $49,999 County 75% Employee 25%Salary = $50,000+ County 70% Employee 30%

Employee Plus Family Salary < $30,000 County 80% Employee 20%Salary = $30,000 0 $49,999 County 75% Employee 25%Salary = $50,000+ County 70% Employee 30%

2. Life insurance benefit is $50,000.00 coverage for the employee, $10,000.00 for spouse/ domestic partner, and $5,000.00 for dependent children. Life insurance premiums shall be paid on the following basis:


Employee - Single

Employee Plus One

Employee Plus Family

County

CountyEmployee

CountyEmployee

100%

75%25%

75%25%


Article 28 WAGE INCREASE AND RE-OPENER

1. Bargaining Unit employees’ compensation shall be determined using the compensation plan (Attached as Appendix A) for the employee’s classification with steps based upon their years of service in classification. Employees will be moved to their appropriate step with their base pay being increased to the appropriate pay for that step over a two year period.

2. Salaries will be increased by one half of the amount necessary to bring the employee to the appropriate step on the first full pay period following ratification of this article by the Union and Board of County Commissioners.

3. Salaries will be increased by the additional amount necessary to bring an employee fully to the appropriate step on the first full pay period of the fiscal year beginning in July of 2016.

4. Advancement to all future steps will occur on the first full pay period of the fiscal year.

5. The Union and the County may re-open this agreement for two items each (not includingwages) in March 2018 and 2019.


Article 29 DURATION OF AGREEMEENT

1. This collective bargaining agreement shall become effective on the date it is ratified by the Doña Ana County Board of Commissioners.

2. This agreement is effective until March 15, 2020.

Article 30 RENEWAL OF AGREEMENT

1. This collective bargaining agreement shall terminate as specified in the article discussing duration of the agreement unless Management or the Union has notified the other in writing within one hundred twenty (120) calendar days prior to the agreement’s termination date that the party desires to enter a successor agreement. If a party gives such notice, the agreement will continue to be in effect for one hundred eighty (180) calendar days from the date such notice is received by the other party or until the parties have entered a new agreement whichever occurs first. Negotiations shall commence within thirty (30) calendar days after a party submits its initial proposals or on a mutually agreed-upon time.

Article 31 ENTIRE AGREEMENT

1. This Agreement, upon ratification, supersedes all prior practices and agreements, whether written or oral, unless specifically stated to the contrary herein, and constitutes the complete and entire agreement between the parties and concludes collective bargaining for its term.

2. Management and the Union, for the duration of this agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to or covered by this agreement, except where it has specifically been agreed to do so in the agreement.

3. The parties acknowledge that, during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement.

DATED this the____day of _ _____ 2017.


Doña Ana County Interim County Manager

By:__________________Name: Charles McMahon

By:

Name: Scott Krahling County Clerk


AFSCME Council 18 Council Representative

By:_______________________Name: Jimmie Snow, President




Legal_____________Initiating Department

Nelson J. Goodin Contact Person

TITLE OF A G EN D A ITEM TO BE CO NSIDEREDAPPROVE RESOLUTION ADOPTING AN AMENDMENT TO THE COLLECTIVE BARGAINING

AGREEMENT BETWEEN THE COUNTY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, NEW MEXICO COUNCIL 18, DETENTION

CENTER, LOCAL 1529__________________________________SUM M A R Y OF ITEM TO BE CO NSIDERED

On July 8, 2016 Doña Ana County and American Federation of State, County and Municipal Employees, New Mexico Council 18, Detention Center, Local 1529 entered into a Collective Bargaining Agreement. Pursuant Article 24 (Wage Increase and Reopener) the parties were allowed to re-open the agreement for wage negotiations and two additional issues in March 2017. The union requested a reopener. As a result of the re-opener the parties agreed to new articles; Article 4.2 (Sick Leave Incentive) which incentivizes employees to not use excessive sick leave to help address staffing issues; Article 16 .2 (Training) to increase the frequency that academies are held to address staffing issues; and Article 19.3 (Holidays) which adds into the contract the Holidays that have been previously approved by the BOCC. The contract also amends Article 24 (Wage Increase and Reopener). The amendment keeps in place the existing pay scale but extends it from 17 to 25 years for Officers to account for the recent changes to PERA increasing the maximum retirement to 30 years of service and to add the Sergeants to the pay scale as they were recently added to the union. The Amendment also creates a new Article 4.1 (Sick Leave Buy Back) which incorporates into the contract the Sick Leave Buy BackProgram previously approved by the BOCC.____________________________ _________

D E SCR IPT IO N O F SUPPO R TING D O C U M EN T AT IO N ATTACHEDResolutionAmendment to Collective Bargaining Agreement

SUM M A R Y OF FIN A NC IA L IM PA C T

Minimal to the extent that current officers or sergeants move to a new step in the pay plan upon it being extended.

Finance

Purchasing

Planning

DOCUMENT CONTROL

Original/s for signature?: □ Yes D No For Recording?: □ Yes □ No

Return original/s to: Name: Nelson J. Goodin______________Dept.: Legal

Send copy of recorded original/s (resolution and ordinances only) to: Name: Nelson J, Goodin Dept.: Legal

Deadline for return of document/s?: d Yes, return by: D No

July 25,2017_______Meeting Date

7Agenda Item Number

RESOLUTION NO. 2017-____


WHEREAS, Doña Ana County (hereinafter “County”) and American Federation of State, County, And Municipal Employees, Council 18, Local 1529, representing detention center employees (hereinafter “AFSCME”) have completed negotiations pursuant to Article 24 (Wage Increase and Re-Opener) of the existing collective bargaining agreement.










ATTEST:


AMENDMENT TO

AGREEMENT BETWEEN


AND


AND MUNICIPAL EMPLOYEES;NEW MEXICO COUNCIL 18,

DETENTION CENTER LOCAL 1529 AFL-CIO

Amendment to Contract July 25, 2017

AMENDMENT TOAGREEMENT BETWEEN DONA ANA COUNTY, NEW MEXICO

ANDAMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES;

NEW MEXICO COUNCIL 18, DETENTION CENTER LOCAL 1529 AFL-CIO

Pursuant to Article 25, of the contract between Dona Ana County, New Mexico and the

American Federation of State, County and Municipal Employees; New Mexico Council 18,

Detention Center Local 1529 AFL-CIO, which was executed on July 8, 2016, the contract

negotiations were reopened beginning April 26, 2017. As a result of those negotiations, the

contract and Memorandum of Understanding is amended as follows:

New Article 4.1 (Previously approved by the BOCC and the Union by Memorandum of

Understanting)

Article 4.1 SICK LEAVE BUY BACK

I. PURPOSE: This program allows an employee to convert a portion of their sick leave balance to additional vacation leave or cash compensation while employed by Doña Ana County; to establish procedures related to and method of payment for unused sick leave balances for eligible employees while on active employment with the County and upon retirement and provides a wellness incentive to encourage employees to stay healthy and to be judicious with the utilization of sick leave hours.

II. POLICY: The Sick Leave Buy-Back means that eligible employees may elect to convert unused sick leave hours to additional vacation or to receive payments at their current regular salary in exchange for unused sick leave credits.

a. There are no limits to the amount of sick leave that can be accrued during anemployee’s service with the County.

b. Employees who have accumulated Sick Leave in excess of four hundred eight (480)hours may, at their option sell back to the County any hours in excess of four hundredeight (480) hours in accordance with the following requirements:

i. Notification of intent to sell Sick Leave must be given to Human Resources between December 1 to December 15. Maximum Sick leave that may be sold back to the County in any given year will be one hundred twenty (120) hours.

ii. Rate of exchange for Sick Leave will be at a ratio of 3 hours of sick leave to 1 hour of vacation leave or payment and will be paid in accordance with the following schedule:

1. Employees who elect to convert to Vacation Leave: Sick leave converted to Vacation Leave will be posted to employee’s balance at the beginning of the first full pay period in January of the following year.

Maximum for carryover of vacation hours is two hundred forty (240) hours to the next fiscal year.

2. Employees who elect to receive payment for Sick Leave: An extra payment will be made the first full pay period following December 16 Cash-outs are subject to state and federal taxes.

New Article 4.2:

Article 4.2 SICK LEAVE INCENTIVE

An employee who does not use sick leave on more than one day (regardless of the actual number of hours used on that day) for a calendar quarter shall receive one day of administrative leave which must be used in one single day. This incentive will cease when the staffing level of funded grade 11 officers reaches ninety percent (90%) and will resume if the staffing level of funded grade 11 officers falls below eighty-five percent (85%).

New Article 16.2:

Article 16.2 TRAINING

Doña Ana County shall conduct a Training Academy of detention officers at least every calendar quarter when there is a vacancy rate of more than three percent (3%) of funded grade 11 officers provided there are at least seven (7) cadets that have been hired.

New Article 19.3:

Article 19.3 HOLIDAYS

Paid Holidays are define as follows:

1. Paid Legal holidays are defined as follows:

Columbus Day

Employer will provide a list of the actual dates for each holiday by the first pay period of each calendar year.

New Years’ Day Martin Luther King Day President’s Day Memorial Day Independence Day Labor Day New Year’s Eve

Veteran’s Day Thanksgiving Day Day after ThanksgivingChristmas Eve Christmas Day

2. In addition to the holidays set forth above, employee shall receive on paid “Personal Day” per year.

Article 24 WAGE INCREASE AND REQPENER

3. Bargaining Unit employees’ compensation shall be determined using the following compensation plan for the employee’s classification with steps based upon their years of service in classification. Employees will be moved to their appropriate step with their base pay being increased to the appropriate pay for that step over a two year period.

COMPENSATION PLANYears in Grade Progression

Position Step 1 2 3 4 5 6 7 8 9 10Classified Officer 11 $13.26 $13.97 $14.30 $14.65 $15.01 $15.37 $15.75 $16.10 $16.53 $16.93Sergeant 16 $16.28 $16.69 $17.11 $17.53 $17.97 $18.42 $18.88 $19.36 $19.84 $20.33

Position Step 11 12 13 14 15 16 17 18___ 19 .20Classified Officer 11 $17.34 $17.76 $18.20 $18.64 $19.09 $19.56 $20.03 $20.33 $21.04 $21.57Sergeant 16 $20.84 $21.23 $21.90 $22.45 $23.01 $23.58 $24.17 $24.77 $25.39 $26.03

Position Step 21 22 23 24 25Classified Officer 11 $22.11 $22.66 $23.23 $23.81 $24.40 |Sergeant 16 $26.68 $27.35

This amendment becomes effective upon ratification by the union and the Board of County Commissioners.

Dated th is______day of July 2017.

AFSCME Council 18, Local 1529 Doña Ana CountyCouncil Representative Interim County Manager

By:Name: President

By:___________Name: Charles McMahon

ATTEST:By:

Scott Krahling, County Clerk


Doña A na C ounty G overnm ent C enter 845 N orth M otel B oulevard

L as C ruces, New M exico 88007 Telephone: (575) 647-7200 Toll-Free: (877) 827-7200

Legal________________In itia ting D epartm ent

Nelson J. Goodin C on tact Person

TITLE OF AGENDA ITEM TO BE CONSIDERED

APPROVE RESOLUTION ADOPTING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE COUNTY AND THE AMERICAN FEDERATION OF STATE,

COUNTY AND MUNICIPAL EMPLOYEES, NEW MEXICO COUNCIL 18, COURT SECURITY,____________________________________ LOCAL 1879___________________________________

SUMMARY OF ITEM TO BE CONSIDERED

On July 1, 2016 Doña Ana County and American Federation of State, County and Municipal Employees, New Mexico Council 18, Court Security, Local 1879 entered into a Collective Bargaining Agreement. Pursuant Article 24 (Wage Increase and Reopener) the parties were allowed to re-open the agreement for wage negotiations and two additional issues in March 2017. The union requested a reopener. As a result of the re-opener the parties agreed to new articles 17 (Partial Day Per Diem) which establishes the procedure to be used by transport officers in claiming partial day per diem, and Article 19.3 (Holidays) which adds into the contract the Holidays that have been previously approved by the BOCC. The contract also amends Article 24 (Wage Increase and Reopener). The amendment keeps in place the existing pay scale but adds a section to allow individuals with certain prior experience to be hired into a pay grade that gives credit for prior experience. The Amendment also creates a new Article 4.1 (Sick Leave Buy Back) which incorporates into thecontract the Sick Leave Buy Back Program previously approved by the BOCC.________________________________

DESCRIPTION OF SUPPORTING DOCUMENTATION ATTACHEDResolutionAmendment to Collective Bargaining Agreement

SUMMARY OF FINANCIAL IMPACT

Minimal to the extent that current officers or sergeants move to a new step in the pay plan upon it being extended.

Finance

____ Purchasing

____ Planning

D O C U M EN T C O N T R O L

Original/s for signature?: Q Yes D No For Recording?: Cl Yes Cl No

Return original/s to: Name: Nelson J, Goodin______________Dept.: Legal

Send copy of recorded original/s (resolution and ordinances only) to: Name: Nelson J. Goodin Dept.: Legal

Deadline for return of documcnt/s?: Q Yes, return by: CJ No

Ju ly 25, 2017________M eeting Date

A genda Item N um ber

RESOLUTION NO. 2017-____


WHEREAS, Doña Ana County (hereinafter “County”) and American Federation of State, County, And Municipal Employees, Council 18, Local 1879, representing court security and transport employees (hereinafter “AFSCME”) have completed negotiations pursuant to Article 24 (Wage Increase and Re-Opener) of the existing collective bargaining agreement.










ATTEST:


CORRECT

PAROvtí,

AMENDMENT TO AGREEMENT BETWEEN


AND


AND MUNICIPAL EMPLOYEES;

NEW MEXICO COUNCIL 18,

COURT SECURITY LOCAL 1879 AFL-CIO

Amendment to Agreement, July 2017

AMENDMENT TOAGREEMENT BETWEEN DOÑA ANA COUNTY, NEW MEXICO

ANDAMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES;

NEW MEXICO COUNCIL 18, COURT SECURITY, LOCAL 1879, AFL-CIO

Pursuant to Article 24, of the contract between Dona Ana County, New Mexico and the

American Federation of State, County and Municipal Employees; New Mexico Council 18,

Court Security, Local 1879 AFL-CIO, which was executed on July 8, 2016, the contract

negotiations were reopened beginning March 8, 2017. As a result of those negotiations, the

contract is amended as follows:

New Article 4.1 (Previously approved by the BOCC and the Union by Memorandum of

Understanding)

Article 4.1 SICK LEAVE BUY BACKI. PURPOSE: This program allows an employee to convert a portion of their sick leave

balance to additional vacation leave or cash compensation while employed by Doña Ana County; to establish procedures related to and method of payment for unused sick leave balances for eligible employees while on active employment with the County and upon retirement and provides a wellness incentive to encourage employees to stay healthy and to be judicious with the utilization of sick leave hours.

II. POLICY: The Sick Leave Buy-Back means that eligible employees may elect to convert unused sick leave hours to additional vacation or to receive payments at their current regular salary in exchange for unused sick leave credits.

a. There are no limits to the amount of sick leave that can be accrued during an employee’s service with the County.

b. Employees who have accumulated Sick Leave in excess of four hundred eight (480) hours may, at their option sell back to the County any hours in excess of four hundred eight (480) hours in accordance with the following requirements:

i. Notification of intent to sell Sick Leave must be given to Human Resources between December 1 to December 15. Maximum Sick leave that may be sold back to the County in any given year will be one hundred twenty (120) hours.

ii. Rate of exchange for Sick Leave will be at a ratio of 3 hours of sick leave to 1 hour of vacation leave or payment and will be paid in accordance with the following schedule:


1. Employees who elect to convert to Vacation Leave: Sick leave converted to Vacation Leave will be posted to employee’s balance at the beginning of the first full pay period in January of the following year. Maximum for carryover of vacation hours is two hundred forty (240) hours to the next fiscal year.

2. Employees who elect to receive payment for Sick Leave: An extra payment will be made the first full pay period following December 16. Cash-outs are subject to state and federal taxes.

New Article 17.

Article 17 PARTIAL-DAY PER DIEM

1. Transport/Court Security personnel shall be eligible for partial-day per diem. Claims for partial-day per diem shall be processed on an individual basis pursuant to the procedures and rules established in this article. The New Mexico Per Diem and Mileage Act (NMSA 1978 §10-8-1 et seq.), Regulations Governing the Per Diem and Mileage Act (NMAC §2.42.2.1 et seq.), and Doña Ana County Travel, Per-Diem and Mileage Policies (DAC Code Chapter 111) are incorporated herein by reference.

2. Pursuant to NMAC §2.42.2.8(B)(l)(e) and DAC Code §111-11(B), the County hereby exercises its authority to determine the meaning of “occasionally and irregularly” for the purposes of eligibility for partial-day per diem. In addition to the provisions of the above- referenced subsections, “occasionally” is further defined as eight travel trips or less in any three-month period for which partial-day per diem is claimed. Conversely, nine travel trips or more by any employee in a three-month period for which partial-day per diem is claimed shall be considered more than just occasional; therefore, that employee shall be ineligible for partial-day per diem for travel occurring during the three-month period in question.

3. Employees shall submit claims for partial-day per diem during the first week of January, April, July, and October for travel occurring during the previous three months.

4. The Sheriffs department supervisory personnel shall maintain accurate travel records of employees subject to this collective bargaining agreement and shall provide appropriate documentation to the finance department consistent with the provisions of paragraph 2 of this article to adequately support any claim for partial-day per diem from any member of the bargaining unit that is subject to this agreement.


New Article 19.3:

Article 19.3 HOLIDAYS

Paid Holidays are define as follows:

1. Paid Legal holidays are defined as follows:

New Years’ Day Martin Luther King Day President’s Day Memorial Day Independence Day Labor Day Columbus Day

Veteran’s Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year’s Eve

Employer will provide a list of the actual dates for each holiday by the first pay period of each calendar year.

2. In addition to the holidays set forth above, employee shall receive on paid “Personal Day” per year.

Article 24 WAGE INCREASE AND REOPENER

1. A lateral hire will be given credit for full years of service as an applicable detention and/or corrections officer, or other directly related experience as determined by the Human Resources Director, minus one year, up to a maximum of the starting rate beginning for step six (6) pay rate. Credit for prior years of service applies only to the rate of pay and not to other seniority.

2. An employee who voluntarily terminates employment on good terms (not as a result of any disciplinary action or in lieu of disciplinary action or with disciplinary action pending), and returns to employment within one year of separation from the county, will return at the pay step at which they left. An employee who returns to employment after one year will be given credit for prior years of service as set forth in paragraph 1 above.

3. Bargaining Unit employees’ compensation shall be determined using the following compensation plan for the employee’s classification with steps based upon their years of service in classification.


COMPENSATION PLAN Years in Progression

Step NewHire 1 2 3 4 5 6 7 8

Salary $12.96 $13.37 $13.77 $14.18 $14.59 $15.00 $15.40 $15.81 $16.22

Step 9 10 11 12 13 14 15 16 17

Salary $16.62 $17.03 $17.44 $17.84 $18.25 $18.65 $19.07 $19.47 $19.88

Step 18 19 20 21 22 23

Salary $20.29 $20.69 $21.10 $21.51 $21.92 $22.32

4. Advancement to all future steps will occur on the first full pay period of the fiscal year.

Tentative Agreement.

This amendment becomes effective upon ratification by the union and the Board of County Commissioners.

Dated this______day of July 2017.

AFSCME Council 18, Local 1879 Doña Ana CountyCouncil Representative Interim County Manager

By: ______________________Name: Leonard, Torrez, President

By:__________________Name: Charles McMahon

ATTEST:By:

Scott Krahling, County Clerk



Doña A na C ounty G overnm ent C en te r 845 N orth M otel B oulevard

Las C ruces, New M exico 88007 Telephone: (575) 647-7200 Toll-Free: (877) 827-7200

C om m issioner John L. V asquez In itia ting D epartm en t

C om m issioner John L. V asquez C on tact Person

July 25, 2017______M eeting Date

ÍAA genda Item N um ber


APPROVE A RESOLUTION REDUCING THE COUNTY MANAGER’S AUTHORITY TO SIGN AND ENTER INTO CONTRACTS ON BEHALF OF DOÑA ANA COUNTY

SUMMARY OF ITEM TO BE CONSIDERED

Resolution 2010-59 granted the County Manager Authority to sign certain contracts up to $50,000 on behalf of the county. Commissioner Vasquez has requested a resolution to reduce that authority to $25,000.

DESCRIPTION OF SUPPORTING DOCUMENTATION ATTACHED

Proposed resolution Resolution 2010-59

None



Original/s for signature?: O Yes 0 No For Recording?: I I Yes I 1 No

Return original/s to: Name:_______________ Dept.: Legal

Send copy of recorded originai/s (resolution and ordinances only) to: Name: N/A Dept.: N/A

Deadline for return of document/s?: I~~l Yes, return hv: CH No

DOÑA ANA COUNTY RESOLUTION NO. 2017-____ _

A RESOLUTION REDUCING THE COUNTY MANAGER’S AUTHORITY TO SIGN AND ENTER INTO CONTRACTS ON BEHALF OF DOÑA ANA COUNTY

WHEREAS, the Board of County Commissioners of Doña Ana County is the fiscal

agent for all County funds and for certain state and federal funds obtained via grants or other

appropriations; and

WHEREAS, the Board of County Commissioners previously adopted Resolution 2010

59 which delegated to the County Manager certain authority to sign contracts on behalf of the

County; and

WHEREAS, it is desirable to reduce the County Manager’s authority to enter into certain

contracts from the previously approved $50,000.00 to $25,000.00.

NOW, THEREFORE BE IT RESOLVED, that resolution 2010-59 is amended to

adjust the amount of contract authority granted to the County Manager as follows:

1. The County Manager is hereby authorized to approve and sign contracts, including intergovernmental agreements and leases of personal and real property, in the best interests of the County, with an annual cost to the County of $25,000.00 or less, provided they are procured in accordance with the County's purchasing policies and procedures. The County Manager is further authorized to issue change orders, task orders, amendments, and modifications, except if such action results in the annual contract cost exceeding $25,000.00.

BE IT FURTHER RESOLVED, that all other provision of Resolution 2010-59 remain in

full force and effect.

RESOLVED this____day o f__________ , 2017.


Isabella A. Solis, Chair, District 4 For/Against

John L. Vasquez, Vice Chair, District 5 For/Against

Billy G. Garrett, District 1 For/Against

Ramon S. Gonzalez, District 2 For/Against

Benjamin L. Rawson, District 3 For/Against

ATTEST:


RESOLUTION NO. 2010- 59

Resolution Delegating to the County Manager Limited Contract and Grant Approval Authority

WHEREAS, the Board of Commissioners of Doña Ana County (“Board”) is the fiscal agent for all County funds and for certain state and federal funds obtained via grants or other appropriations; and

WHEREAS, the Board desires to streamline the contracts process to enhance the efficiency of the system to the benefit of the County and those with whom the County does business; and

WHEREAS, the various County departments seek approval of a great number of contracts for their respective operations each fiscal year; and

WHEREAS, the Board relies on its staff to bring all matters involving policy making decisions or involving the expenditure of substantial County funds before it for consideration and approval; however, in other transactions which may be described as the "day to day operations" of the County, it is desirable to delegate authority to the County Manager to ensure the expeditious processing of same;

NOW, THEREFORE, the Board hereby resolves to supersede Doña Ana County Resolutions #2000-30, #2000-85 and #2005-30 with the provisions herein, to adjust the amount of contract authority granted to the County Manager and to continue to authorize the County Manager to take the administrative action necessary to implement direction previously provided by the Board in the following areas for all future fiscal years in the absence of a modifying or amending Resolution:

1. The County Manager is hereby authorized to approve and sign contracts, including intergovernmental agreements and leases of personal and real property, in the best interests of the County, with an annual cost to the County of $50,000.00 or less, provided they are procured in accordance with the County's purchasing policies and procedures. The County Manager is further authorized to issue change orders, task orders, amendments, and modifications, except if such action results in the annual contract cost exceeding $50,000.00.

2. Once a bid, proposal, contract, or lease with an annual cost greater than $50,000.00 has been awarded to a specific person or business entity by the Board at one of its public meetings, the County Manager is authorized to negotiate and sign the final contract on behalf of the Board. The County Manager is further authorized to issue change orders, task orders, amendments, modifications, and renewals, subject only to any limitations imposed in the specific action item approved by the Board.

I

Recorded07/14/2010D

AC

3. The County Manager is authorized to execute all documents necessary to finalize any real estate transactions for approved road improvement or other public works projects, provided the purchase price is less than Five Thousand Dollars ($5,000.00) and is within the approved budget for the project, unless the Commission has specifically withheld the authority otherwise granted through this Resolution.

4. The County Manager is authorized to approve and sign grant applications and resultant grant agreements subject to the reservation of authority by the Board as set out in Paragraph 10 herein. Whenever a budget allocation is voted on by the Board in accordance with Paragraph 10 and approved as an external grant, and which is to be distributed pursuant to certain terms and conditions of a grant agreement to be formalized, and once the Department of Finance & Administration ("DFA") has approved the County's budget, the Manager is authorized to finalize and sign file external grant agreement on behalf of the Board.

5. The County Manager is authorized to sign and execute all Indigent Health Care and Health Services Fund external grant agreements pursuant to the Board's approval of the budget for those funds to those entities.

6. The County Manager is authorized to settle claims in matters where the County is either the claimant or the respondent where the value of the claim is $50,000.00 or less.

7. The County Manager is authorized to enter into and execute any mutual aid agreement which does not compromise the ability of the various Independent Fire Districts, any individual Fire District, or the County generally in responding to calls for emergency response services.

It is further resolved that the Board shall retain all authority to review and approve the following types of contracts absent a specific delegation of such authority by the Board:

8. Joint Powers Agreements;

9. Deeds, Easements, and Contracts involving the purchase or sale of interests in real estate, unless such document meets the criteria set out in paragraph 3 above;

10. Grant Agreements for state or federal funds which have a negative immediate or future financial impact on the County budget exceeding $50,000; such negative impacts may include the requirement for matching funds or the temporary funding of new positions for which the County may be obligated to maintain in the future;

11. Franchise or Right-of-Way Agreements; and

12. Contracts and leases of personal and real property exceeding $50,000.00 annually.

2

DV

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S/i-

I/A

Ope

paoo

aH

RecordedO

7/1

4/2

01QDAC


D oña A na C oun ty G overnm ent C enter 845 N orth M otel B oulevard

L as C ruces, New M exico 88007 T elephone: (575) 647-7200 Toll-Free: (877) 827-7200

C om m issioner G a rre tt In itia ting D epartm en t

C om m issioner G a rre tt C ontact Person

Ju ly 25, 2017 M eeting Date

1A genda Item N um ber


APPROVE AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL TRANSIT DISTRICT AND DOÑA ANA COUNTY AND DELEGATE SIGNATURE

AUTHORITY TO THE INTERIM COUNTY MANAGER SUMMARY OF ITEM TO BE CONSIDERED

On May 23, 2017, the BOCC approved the FY 2018 Preliminary Budget that included $350,000 to be contributed to the South Central Regional Transit District (“SCRTD”) for capital and operational expenses. On July 11, 2017, the BOCC considered an Agreement between the SCRTD and Doña Ana County. An Amendment was made to the proposed Agreement after which a motion was made, and passed, to postpone further consideration of the matter until the July 25, 2017 meeting.


Proposed Agreement as amended at the July 11, 2017 meeting


$350,000

____ Finance

____ Purchasing

____ Planning


Original/s for signature?: I I Yes I I No For Recording?: I I Yes I I No

Return original/s to: Name: Dept.: Legal

Send copy of recorded original/s (resolution and ordinances only) to: Name: N/A Dept.: N/A

Deadline for return of document/s?: □ Yes, return by: □ No

AGREEMENTBETWEEN

SOUTH CENTRAL REGIONAL TRANSIT DISTRICT AND

DOÑA ANA COUNTY

This AGREEMENT (the "Agreement") is entered into by and between the South Central Regional Transit

District ("SCRTD") and Doña Ana County (DAC). For good and valuable consideration, including mutual

covenants between the parties hereto the receipt of which is acknowledged, the parties do hereby

agree as follows:

A. PURPOSE

The purpose of this Agreement is to formalize the terms and conditions by which DAC will provide

$350,000 in current funds to the SCRTD for capital and operational expenses in support of Public

Transportation to areas in Doña Ana County covered in the SCRTD Transit Plan.

B. SCOPE OF AGREEMENT

1. DAC agrees to provide $350,000 in funds to the SCRTD's Fiscal Agent in twelve monthly

payments with the first payment to be made within 14 days of ratification of this Agreement

and subsequent payments made within 14 days of DAC receiving the report required in

paragraph 4 below.

2. The SCRTD agrees to utilize the funds provided hereunder for working capital and as matching

funds for federal grants to operate transit systems in accordance with state law.

3. The SCRTD agrees to solicit transit projects from the DAC and regional partners to be funded

with the District's disbursement. These projects must complement or be part of the regional

transit system and are subject to approval by the District Board following public review and

discussion.

4. The SCRTD agrees to account for all funds received hereunder and to provide DAC with a

detailed monthly report of transit statistics and how the funds are utilized to ensure compliance

with this Agreement and applicable State and Federal Law. The report shall include, but shall

not be limited to, information regarding budgeted and actual revenues, number of riders by

route including information on number of riders who board the buses at each stop, fares

collected, number of riders with transfers, number of discounted fares and information

regarding all toll collected by date for each route.

5. As a condition of receiving the funds set forth above, the SCRTD agrees it will not stop to pick up

or drop off passengers in any county or municipality that is not a full dues paying member of the

SCRTD.

C. COSTS

All costs of the parties in implementing this Agreement shall be borne by the respective parties.

D. TERM AND EFFECTIVE DATE

1. This Agreement shall be effective on the date it is fully executed by both parties as indicated

below through June 30, 2018.

2. This Agreement replaces and supersedes the MOU between the DAC and SCRTD that was signed

on March 16, 2016.

E. TERMINATION

This Agreement may be terminated by either of the parties hereto upon written notice delivered to

the other party at least one hundred twenty (120) days prior to the intended date of termination.

F. LIABILITY

Each party shall be solely responsible for fiscal or other sanctions occasioned as a result of its own

violation of requirements applicable to the performance of this Agreement. Each party shall be

liable for its own actions or inactions in accordance with state law and nothing herein shall be

deemed a waiver, indemnity or to otherwise create or effect liabilities between the parties.

G. THIRD-PARTY BENEFICIARIES

By entering into the Agreement, the parties do not intend to create in the public, or any member

thereof, a third-party beneficiary or to authorize anyone not a party to the Agreement to maintain a

suit for wrongful death bodily and/or personal injury to persons, damage to property, and/or any

other claim(s) whatsoever pursuant to the persons, damage to property, and/or any other claim(s)

whatsoever pursuant to the provisions of this Agreement. No person shall claim any right, title or

interest under this Agreement or seek to enforce this Agreement as a third-party beneficiary of this

Agreement.

H. NEW MEXICO TORT CLAIMS ACT

By entering into this Agreement, neither party shall be responsible for liability incurred as a result of

the other party's acts or omissions in connection with this Agreement. Any liability incurred in

connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort

Claims Act, Sections 41-4-1, et seq., NMSA (1978). This paragraph is intended only to define the

liabilities between the parties hereto and it is not intended to modify, in any way, the parties'

liabilities as governed by common law or the New Mexico Tort Claims Act. No provision in this

agreement modifies and/or waives any provision of the New Mexico Tort Claims Act.

I. AMENDMENT

This Agreement shall not be altered, changed or modified except by an amendment in writing

executed by the parties hereto.

J. SEVERABILITY

In the event tha t any of the items or provisions herein are found to be in conflict with any applicable

statue or rule of law or are otherwise held to be invalid, then such provision shall be deemed

inoperative to the extent of such conflict or invalidity, and the remainder of provisions shall, to the

extent possible, remain in full force and effect.

K. NOTICES

Any notices required to be given pursuant to this Agreement shall be in writing and served by personal

delivery or by mail, postage prepaid, to the parties of the following addresses:

DAC SCRTD845 N. Motel Blvd. 300 W. Lohman AvenueLas Cruces, New Mexico 88007 Las Cruces, NM 88005

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below:

DOÑA ANA COUNTYBy It's Interim County Manager Chuck McMahon

SOUTH CENTRAL REGIONAL TRANSIT DISTRICTBy It's Board Chairman Javier Perea

DATED THIS______ DAY OF JULY 2017


Doña A na C ounty G overnm ent C enter 845 N orth M otel Boulevard

Las C ruces, New Mexico 88007 Telephone: (575) 647-7200 Toll-Free: (877) 827-7200

¡County ManagcijIn itiating D epartm ent

Agenda Item N um berITticsi I lai viii Internal AudiouC ontact Person

July 25. 2017M eeting Date

M

TITLE OF AGENDA ITEM TO BE CONSIDEREDAPPROVE A RESOLUTION TO UPDATE THE INTERNAL AUDIT ADVISORY COMMITTEE

CHARTER AND DELEGATE SIGNATURE AUTHORITY TO THE BOARD OF COUNTY COMMISSIONERS’ CHAIRPERSON TO SIGN THE UPDATED CHARTER.

SUMMARY OF ITEM TO BE CONSIDERED INCLUDING PRESENTATION OF OPTIONS FOR ACTION and ACTION REQUESTED

Staff is requesting amendments which would supersede Resolution No. 96-13 and Resolution No. 04-80.Those amendments should be reflected in the Internal Audit Advisory Committee Charter. The revised charter shall also contain updates deemed appropriate by the Internal Auditor.

DESCRIPTION OF SUPPORTING DOCUMENTATION ATTACHED The following documents are attached:Executive SummaryProposed Resolution to update the Internal Audit Advisory Committee Charter Superseding Internal Audit Advisory Committee Charter (Exhibit A)Resolution No. 96-13 & Resolution No. 04-80Current Internal Audit Advisory Committee Charter (Exhibit B)Current Internal Audit Advisory Committee Charter with proposed amendments (Redline)

SUMMARY OF FINANCIAL IMPACTThere is No Financial Impact

Finance

Purchasing

P lanning_

ADMINISTRATIVE REVIEW AND APPROVAL

Legal

H um an Resources

O ther

“ C ounts M anager/¿S Agenda Review

A ssistant County M anager

D O C U M ENT C O N TRO L

Original/s for signature? d Ves d No For Recording? d V es d No

Return original/s to: Internal Auditor Name Ernest Harvin Dept. County Manager

Send copy of recorded original/s (resolution and ordinances only) to: Internal Auditor Name Ernest Harvin Dept. County Manager

Deadline for return of document/s? Yes, return by: 0 8 /15 /2017 or d No

Overview

This is a request to amend (1) Resolution No. 96-13, (2) Resolution No. 04-80, and (3) the current Internal Audit Advisory Committee Charter. The aforementioned resolutions both established and updated the Internal Audit Advisory Committee, prescribing that the five Committee members be County Commissioners, elected officials, and/or department heads. The existing Charter incorporates these resolutions by requiring that two Committee members be internal Doña Ana County candidates.

While the existing Resolutions and Charter guided the internal audit function from 1996 to 2009, the results of recent research into industry best practices as well as liaisons with peer and senior internal auditors indicate that updates to Doña Ana County’s existing guidelines are prudent. Herein, the Internal Audit Advisory Committee is selected and appointed by the Board of County Commissioners. The Board of County Commissioners set policy, and give guidance to the Internal Audit Advisory Committee. The Committee in turn interprets these policies and directs the internal auditor to apply these policies and guidelines to the internal audit function. The Internal Audit Advisory Committee, which is appointed and replaced at the Board’s discretion, renders a service to the Board of County Commissioners which in turn allows the Board to remain independent and irreproachable, while controlling the input portion of the audit function.

Qualified external candidates for the Internal Audit Advisory Committee can allow for neutral, unbiased guidance of the internal audit function. Thus, we propose that if at all possible the Committee be composed of at least one member who is currently employed in each of the following capacities respectively - (1) education, (2) state government, and (3) city government. Herein, at least three applicants will have acquired the experience necessary to understand the operations of larger-sized organizations, such as County government. Audit experience is very much preferred, and those who are Certified Public Accountants, Certified Internal Auditors, accounting educators, or have related experience and/or backgrounds in business, finance, accounting, or auditing are encouraged to apply.

The Internal Auditor requests amendments to (1) Resolution No. 96-13, (2) Resolution No. 0480, and (3) the current Internal Audit Advisory Committee Charter as specified in the ‘Detail’ section below.

Doña Ana County - Internal AuditorExecutive Summary

Internal Audit Advisory Committee CharterJuly 25, 2017

Detail

1. Resolution No. 96-13:“.. .Audit Review Committee made up of two County Commissioners, two elected officials and one department head...”

Proposed Update: “.. .Internal Audit Advisory Committee shall consist of five members, all of whom are volunteers from the community...”

2. Resolution No. 96-13: “An annual audit plan will be developed by the contracted Internal Auditors and submitted to the Audit Review Committee for approval.”

Proposed Update: Remove this sentence: The Internal Audit Advisory Committee will take on this tasking in collaboration with the internal auditor.

3. Resolution No. 04-80: “.. .Audit Advisory Committee comprised of three private-sector members and two Commissioners....”

Proposed Update: “ .. .Committee shall consist of five members, all of whom are volunteers from the community, and approved by the BOCC.”

4. Resolution No. 04-80: “WHEREAS, the private-sector members.. .are...”

Proposed Update: A new Resolution with the names of newly appointed Committee members should replace the verbiage above.

5. Resolution No. 04-80: “WHEREAS, the Board hereby appoints Commissioners.

Proposed Update: Remove this paragraph.

6. Audit Advisory Committee Charter: “.. .is to act in an advisory capacity to the Board of County Commissioners...”

Proposed Update: “ .. .is to act in an advisory capacity to the internal auditor...”

7. Audit Advisory Committee Charter: “Oversight shall include: hiring/firing of internal audit director”

Proposed Update: Remove the statement above so the Charter complies with current Code (reference chapter 45 - Human Resources) and language, as adopted by the Board of County Commissioners of Doña Ana County on 4-8-2008 by Ordinance No. 235-08.





8. Audit Advisory Committee Charter: “Review and approval of audit reports..

Proposed Update: “Review and comment on audit reports...”. The word ‘approval’ carries a bias which could degrade auditor independence.

9. Audit Advisory Committee Charter: “Review and concurrence with the Internal Audit job descriptions; Joint performance evaluation and compensation....”

Proposed Update: Remove the statement above so the Charter complies with current Code (reference chapter 45 - Human Resources) and language, as adopted by the Board of County Commissioners of Doña Ana County on 4-8-2008 by Ordinance No. 235-08.

10. Audit Advisory Committee Charter: The current Charter proposes a Committee of two non-voting members (the County Director of Finance and the Assistant County Manager), as well as three members from the Doña Ana County community.

Proposed Update: Assemble a Committee of five members from the community, all with voting rights.

11. Audit Advisory Committee Charter:Proposed Update: Expound upon the Committee Membership and Qualifications section by (1) specifying audit experience desired, (2) including a paragraph on required Ethics, and (3) including a membership revocation paragraph.

Additional Notes

The Board of County Commissioners may consider a new Resolution which incorporates both Resolution No. 96-13 and Resolution No. 04-80, along with the recommended updates.

DOÑA ANA COUNTY RESO LU TIO N NO. 2 0 1 7 ________

A RESOLUTIO N APPR O V ING UPDATES TO THE INTERNAL AUDIT ADVISORYCOM M ITTEE CHARTER

W HEREAS, the governing body in and for the County o f Doña Ana, State of New Mexico, has undertaken extensive efforts to approve and fill the position o f Internal Auditor; and

W HEREAS, the internal audit function supports the Board o f County Commissioners' guiding principles o f perpetual improvement in system integrity, transparency, and accountability; and

W HEREAS, Resolution No. 96-13 and Resolution No. 04-80 have been approved to establish the Internal Audit Advisory Committee, in an effort to guide the internal audit process by suggesting audit areas, improving existing protocols and establishing new protocol advisories as merited by internal audit discoveries, notations, and findings; and

W HEREAS, the County o f Doña Ana, State o f New Mexico has an Internal Audit Advisory Committee Charter (incorporated herein as Exhibit B) which was established to aid its members in directing an unbiased and neutral internal audit function; and

W HEREAS, past and current resolutions and charters are reviewed, modified, and approved as necessary to appoint and govern the Internal Audit Advisory Committee; and

NOW THER EFO RE, BE IT RESOLVED, that the Board o f County Commissioners o f Doña Ana County, State o f N ew M exico, approve this resolution, superseding Resolution No. 96-13 and Resolution No. 04-80, and hereby the amended Internal Audit Advisory Committee Charter (incorporated herein as Exhibit A).

Resolved in the Board session this 25th day o f July, 2017


STATE OF NEW MEXICOCOUNTY OF DOÑA ANA

Isabella Solis, Chair, District 4 For/Against

John L. Vasquez, Vice-Chair, District 5 For/Against

Billy G. Garrett, District 1 For/Against

Ramon S. Gonzalez, District 2 For/Against

/¿>.i

DOÑA ANA COUNTY RESOLUTION NO. 2017


Benjamin L. Rawson, District 3 For/Against

ATTEST:

Scott A. Krahling County Clerk

It. S'

EXHIBIT A

DOÑA ANA COUNTYINTERNAL AUDIT ADVISORY COMMITTEE CHARTER

AUTHORITY

The Doña Ana Internal Audit Advisory Committee, hereinafter referred to as the Committee, was established by the Board o f County Commissioners (BOCC) as early as February 27, 1996, by Resolution #96-13. The Committee was then known as the Audit Review Committee. Since then, both the title and make-up o f the Committee has been modified by a series o f Resolutions.

PURPOSE

The BOCC solicits and appoints members to the Committee; it adopts and approves policy, and gives guidance to the Committee. The Committee in turn, interprets BOCC policy and guidance and directs the internal auditor to apply this direction to the internal audit function under industry guidelines such as generally accepted accounting principles and generally accepted auditing standards. Thus, the primary function o f the Committee is to act in an advisory capacity to the internal auditor, providing the internal auditor with general guidance in the internal audit process, setting priorities and potential areas for investigation, and giving advisement regarding technical issues. With input from and in conjunction with the internal auditor, the Committee develops an audit plan (1-3 years) for BOCC approval. The Committee shall monitor the internal audit function and shall advise the internal auditor, who reports functionally to the Committee and administratively to the county manager.

The Committee also provides an open line o f communication between the internal auditor and the BOCC. The Committee’s role is advisory only in the capacity that it does not relieve county management o f its responsibilities for preparing financial statements that accurately and fairly present the county’s financial results and condition, nor the independent auditors o f their responsibilities relating to the audit or review o f financial statements. The Committee’s advisory duties shall include:

> Collaboration with the internal auditor to develop and present to the BOCC, an annual and/or multi-year audit plan. While a BOCC approved audit plan will serve as a guide for current and future audits, the Committee should allow for audit plan modifications as necessary to meet changing requirements;

> Providing assurance there are no unjustified restrictions nor limitations imposed on the internal auditor during the performance o f his/her duties;

A Review and provide input on or updates to - the Internal Audit Advisory Committee Charter, audit plans, and activities;

> Meeting on a regular basis with the internal auditor to discuss reports, findings and any matter Committee members or the internal auditor believe to be relevant for discussion;

'r- Review and comment on audit reports prior to submission to the BOCC for presentation and discussion;

A Conferring with county management in a timely manner, regarding audit findings or concerns;

/O’le

r- At the request o f the BOCC or county manager, provide input on the internal auditor's performance as well as the effectiveness o f the internal audit function.

COMMITTEE MEMBERSHIP AND QUALIFICATIONS

The Committee shall consist o f five members, all o f whom are volunteers from the community, and approved by the BOCC. Three o f the five members will serve initial two year terms, while two members will serve initial one year terms. The three Committee members who receive the most nominations from Commissioners will serve an initial two-year term. All Committee members shall have voting rights, and individual Committee member tenures may be extended or renewed, per BOCC approval.

Committee Membership Selection - The county Director o f Public Information should post openings for prospective Doña Ana County Committee members on the county’s website and via the local media outlets. Resumes and letters o f interest will be directed to the Office o f the County Manager.

Resumes and letters o f interest which are received for Committee membership shall be submitted to the BOCC for review and selection. Once the Committee has been established, a Chairperson and Vice-Chairperson will be elected by the members o f the Committee for a one-year term.

Audit Experience - While all Committee members shall have an understanding o f public or private industry audit management practices, i f at all possible the Committee will be composed o f at least one member who is currently employed in each o f the following capacities respectively - (1) education, (2) state government, and (3) city government. Herein, at least three applicants will have acquired the experience necessary to understand the operations oflarger- sized organizations, such as County government. Audit experience is very much preferred, and those who are Certified Public Accountants, Certified Internal Auditors, accounting educators, or have related experience and/or backgrounds in business, finance, accounting, or auditing are encouraged to apply. Each Committee member shall be financially literate upon appointment to the Committee.

Ethics - One o f the functions o f the Committee is to assist in the promotion and maintenance o f an ethical culture in Doña Ana County government. Members o f the Committee shall demonstrate the highest standard o f ethical behavior, integrity, objectivity, confidentiality, and competency. A Committee nominee must not currently be under investigation for a crime nor be on probation, and all nominees must pass a background examination.

Independence - All Committee members shall be independent, objective, and apolitical.Members o f the Committee shall ensure that they do not have a conflict o f interest due to personal, political, business, or other interests or activities. If any member has a conflict o f interest in an area that is considered for an audit, that member will bring this to the attention of both the Committee and the BOCC so that appropriate actions can be taken.

Confidentiality - Confidentiality o f information presented and/or discussed during all Committee meetings shall be maintained by each Committee member and attendee. Members o f the

/ * - 7

Committee shall sign a non-disclosure agreement. Breaches o f this agreement may result in removal/dismissal from the Committee.

Committee Membership Revocation - Committee members can be removed from the Committee before the completion o f their term by voluntary resignation, or by BOCC majority decision. Within six months o f being established, the Committee should create guidelines, procedures, and/or by-laws as applicable by which to govern the internal operations o f the Committee.

MEETINGS & ANNEAL REPORTS

Meetings - The Committee shall meet regularly at a day and time determined by the members. Unscheduled meetings may occur when deemed necessary by the Committee Chairperson. The Committee shall keep summarized minutes o f its meetings.

Annual Report — The Committee shall prepare a report o f audit activities, when requested by the BOCC. The release o f this report will be subject to both New M exico’s Inspection o f Public Records Act as well as laws which govern the maintenance o f client confidentiality, when applicable.

AMENDMENT OF THE CHARTER

The Committee is responsible for maintenance o f this Charter; to ensure that it is reviewed and revised as necessary. Any amendment(s) is subject to review o f and approval by the BOCC.

ADOPTION OF INTERNAL AUDIT ADVISORY COMMITTEE CHARTER

The Internal Audit Advisory Committee Charter is the formal document that specifies the Internal Audit Advisory Committee’s authority and responsibilities. The charter is important to the County management, and the audit staff. The adoption o f the Internal Audit Advisory Committee Charter underscores the importance o f independence o f the Internal Audit function for Doña Ana County operations.

Isabella SolisBoard o f County Commissioners Chairperson

Cc: Internal Audit Advisory Committee July 25, 2017

Boaráíóf County Doftó Ana Coujn

Jnissioners ;w Mexico

A placa, Chairman ( AGilbert

ABSENTember KeSCEvaiis, M e n tó

Á Á Á A r f /1Paul B. Carry, Member (Aye)

Stjfjn o f He*» Monica County of Done Aon. ip S.RCEPTlOH NO. L ^ X1 hereby certify that thlc IiKtruffieoi was filed fee

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l i T t i c o r d i j Z k IiI County.

Printer Friendly View Page 1 of 2

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Resolution No. 04-80Resolution of Boils Aes& Cosrnty

Á RESOLUTION

W HEREAS, the Dona Ana County Board o f Commissioners is tasked to represent and address the needs of itsresidents, and

W HEREAS, the Doña Ana County Board o f Commissioners has established an Internal Audit AdvisoryCommittee comprised o f three private-sector members and two Commissioners, and

WHEREAS, the committee will act in an advisory capacity to the full Board of County Commissioners in aneffort to guide the internal audit process by suggesting audit areas, improving existing protocols andestablishing new protocol advisories as merited by internal audit discoveries, notations and findings, and

W HEREAS, the private-sector members o f the committee appointed by the Board of County Commissionersare David Conner, C Jt. ‘Rick’ Merplla and Patricia Mitchell, one o f whom shall be designated as a one-yearappointee and two of who will designated as two-year appointees by a random drawing o f standard playingcards, and

W HEREAS, the Board hereby appoints Commissioners ^ & * 4 * L * ^ to serve fl’one-.yrar-lnrm -on the Committee and faeJTiU J V 5 / ■te-Berw-a-two yaar-ttami on theJBewwfflttgcand to individually and collectively represent the Board o f Coiutty Commissioners oo^me' represen t m e n oaru o í w uum y w uiium ssiuricis uy^tiie v^/pm uttee,

S i^ NOW THEREFORE, the Dona Ana County Briard o f Commissioners does hereby sanction the Doña Ana

County Internal Audit Advisory Committee and does further charge the members to schedule regular meetingsand subsequently advise the Board on internal audit issues.

PASSED, APPROVED AND ADOPTED this 12th day o f October, 2004

ice Chairman (Aye)

r i - Attested: Rita Torres, County Clerk

........,

12É#y ■■■"

m m/ *.

tegosaing d duly recorded «s8 TYhi/ >- ../ . V-- (0;V

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http://docs.donaanacounty.org/appxtender/DocPrintFriendly.aspx?DataSottrce=DAC_Clerk Documents... 10/9/2008

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EXHIBIT BDOÑA ANA COUNTY

INTERNAL AUDIT COMMITTEE CHARTER

AUTHORITY

The Dona Ana Internal Audit Committee (DAIAC) was established by the Board o f County Commissioners (BOCC) as the Internal Audit Advisory Committee by Resolution #04-?7 on July 27, 2004. #04-80

PURPOSE

The primary function o f the Dona Ana Internal Audit Committee is to act in an advisory capacity to the Board o f County Commissioners to guide the internal audit process. The Committee's function is also one o f oversight only and does not relieve County management o f its responsibilities for preparing financial statements that accurately and fairly present the county's financial results and condition, or the independent auditors o f their responsibilities relating to the audit or review o f financial statements. The committee also provides an open line o f communication between the Internal Audit Department, external auditors, and the Board o f County Commissioners.

The Internal Audit Committee shall monitor the internal audit function, and shall oversee the internal auditor who shall report functionally to the Committee and administratively to the County Manager. Oversight shall include:

• Review and concurrence with the appointment, replacement, or dismissal o f the Internal Audit Director;

• Providing assurance there are no unjustified restrictions or limitations imposed on the Internal Audit Department staff during the performance o f their duties;

• Review and approval o f the Internal Audit Department Charter, audit plans and activities, staffing, and organizational structure o f the audit function;

• Review and evaluation o f the effectiveness o f the internal audit function;• Meeting on a regular basis with the Internal Audit Director to discuss reports, findings and

any matter committee members or the Auditor feels should be discussed;• Review and approval o f audit reports prior to submission to the Board of

County Commissioners for discussion and presentation;• Conferring with County management, as necessary, regarding audit findings or concerns;• Review and concurrence with the Internal Audit job descriptions;• Joint performance evaluation and compensation recommendation for the Internal Audit

Director with the County Manager.

COMMITTEE MEMBERSHIP AND QUALIFICATIONS

The Internal Audit Committee will consist o f five members; three voting members, and two nonvoting members. The voting members shall be volunteers from the community and approved by resolution by the Board o f County Commissioners for two year temas. The nonvoting members will be the County Director o f Finance and the Assistant County Manager, or designee. The committee Chairperson will be appointed from the voting members by the Board o f County Commissioners for a one year term.

Membership Selection - The County Communications Officer will post openings for voting members

EXHIBIT Bon the County's website and in the local newspaper. Resumes will be directed to the Office o f the County Manager, and forwarded to the Committee Chairperson for review and discussion at the monthly Internal Audit Committee meeting. Qualified applicants will be interviewed by committee members. Membership selections will be recommended to the Board o f County Commissioners for appointment.

Audit Experience - All voting members shall have a strong understanding o f public or private industry audit management practices. Audit experience is preferable.

Independence - All voting members shall be independent, objective and apolitical.

Financial Literacy - Each Committee member shall be financially literate upon appointment to the committee.

Confidentiality - Confidentiality o f information presented and/or discussed during all Committee meetings shall be maintained by each Committee member. Breaches o f confidentiality may result in dismissal from the Committee.

MEETINGS AND ANNUAL REPORTS

• Meetings - The committee shall meet on the first Monday o f each month. Special meetings may be scheduled when deemed necessary by the Committee Chairperson. The Committee Chairperson may also meet separately with County management and/or the Board o f County Commissioners, as needed.

• Committee Business - The Committee shall keep written minutes o f its meetings. Copies will be sent to the County Manager and Board o f County Commissioners via email.

• Annual Report - The Committee Chairperson will present an Annual Report o f Audit Activities to the Board o f County Commissioners.

AMENDMENT OF THE CHARTER

The Internal Audit Committee is responsible for maintenance o f this Charter to ensure that it is reviewed annually and is revised as necessary. Any amendment is subject to review and approval o f the Internal Audit Committee and Board o f County Commissioners.

EXECUTIVE ENDORSEMENT OF THE INTERNAL AUDIT DEPARTMENT CHARTER

The Internal Audit Committee Charter is the formal document that specifies the Internal Audit Committee's authority and responsibilities. The charter is important to County management, and the audit staff. Our endorsement o f the Internal Audit Committee Charter underscores the importance o f Independence o f the Internal Audit Department function for Doña Ana County operations.

10225Revision 2-1 -2010

fO .ll

DONA ANA COUNTYPROPOSED INTERNAL AUDIT COMMITTEE CHARTER

AUTHORITY

by—the—Beard—ef—<County

The Doña Ana Internal Audit Advisory Committee, hereinafter referred to as the Committee, was established by the Board o f County Commissioners (BOCC) as early as February 27, 1996, by Resolution #96-13. The Committee was then known as the Audit Review Committee. Since then, both the title and make-up o f the Committee has been modified by a series o f Resolutions.

PURPOSE

The BOCC solicits and appoints members to the Committee; it adopts and approves policy, and gives guidance to the Committee. The Committee in turn, interprets BOCC policy and guidance and directs the internal auditor to apply this direction to the internal audit function under industry guidelines such as generally accepted accounting principles and generally accepted auditing standards, to apply this to the internal audit function. Thus, the primary function o f the Dona Ana Internal Audi#Committee is to act in an advisory capacity to the Board o f County

internal audit process, recommending priorities and potential areas for investigation, and giving advisement regarding technical issues. With input from and in conjunction with the internal auditor, the Committee develops an audit plan (1-3 years) for BOCC approval. The Committee shall monitor the internal audit function and shall advise the internal auditor, who reports functionally to the Committee and administratively to the county manager.

The Committee also provides an open line o f communication between the internal auditor and the BOCC. The Committee’s role is advisory only in the capacity that it The Committee's function is also one o f oversight only and does not relieve County management o f its responsibilities for preparing financial statements that accurately and fairly present the county's financial results and condition, nor the independent auditors o f their responsibilities relating to the audit or review o f financial statements. The Committee’s advisory duties shall include: The committee also provides an open line o f communication between the Internal Audit Department, external-auditors, and the Board o f County-Commissioners.

auditor who shall report functionally to the Committee and administratively to the County Manager. Oversight------------------------------------------------------ shaH------------------------------------------------------ ine-fude^

•— Review and concurrence with the appointment, replacement, or dismissal o f the Internal Audit Directory

• Collaboration with the internal auditor to develop and present to the BOCC, an annual and/or multi-year audit plan. While a BOCC approved audit plan will serve as a guide for current and future audits, the Committee should allow for audit plan modifications as necessary to meet changing requirements;

• Providing assurance there are no unjustified restrictions nor limitations imposed on the Internal Audit Department staff during the performance o f their duties;

• Review and provide input on or updates to - of the Internal Audit Department Charter, audit plans,, and activities, staffing, and organizational structure of the audit function;

•— Review and-evaluation of the effectiveness of the internal audit function;• Meeting on a regular basis with the Internal internal Audit auditor Director to discuss reports,

findings and any matter committee members or the internal auditorAuditor believe to be

• Review and comment on approval—of—audit reports prior to submission to the Board—of County CommissionersBOCC for discussion and presentation;

• Conferring with County management, in a timely manner, as necessary, regarding audit findings or concerns;

• At the request of the BOCC or county manager, provide input on the internal auditor’s performance as well as the effectiveness of the internal audit function.

•—Review and concurrence with the Internal Audit job descriptions;•—Joint performance evaluation and compensation recommendation for the Internal Audit

Director with-the County Manager.

COMMITTEE M EM BERSHIP AND QUALIFICATIONS

The Internal Audit Committee willCommittee shall consist of five members-;-three voting members,- and two nonvoting members^all of whom are volunteers from the community and approved by the BOCC. Three of the five members will serve initial T-he-voting-members shall be volunteers-from the-e-ennnunity-and-approved by resehition by the-Bearfi ef-County-Cemmissieners-foF-two year terms-, while two members will serve initial one year terms. The three Committee members who receive the most nominations from Commissioners will serve an initial two-year term. All Committee members shall have voting rights, and individual Committee member tenures may be extended or renewed, per BOCC approval.

or designee. The committee Chairperson will be appointed from the voting members by the Board of County Commissioners for a one year term.

OfficerDirector of PublicCommittee Membership Selection - Information -will post openings for prospective Doña Ana County Committee voting-members on the County's website and in-via the local newspapermedia outlets. Resumes and letters of interest will be directed to the Office of the County Managerr .

Resumes and letters of interest which are received for Committee membership shall be submitted to the BOCC and forwarded to the Committee Chairperson for review and discussion selection. aCthe monthly Internal- Audit Committee-meeting. Qualified-applicants will be interviewed by committee inemhers^Membership-seleetionif-will be-recommended to the-Boarchof County-Commissioners for appointment. Once the Committee has been established, a Chairperson and Vice-Chairperson will be elected by the members of the Committee for a one-year term.

Audit Experience - While all Committee members shall have an All voting members shall have a strong-understanding of public or private industry audit management practices, if at all possible the Committee will be composed of at least one member who is currently employed in each of the following capacities respectively - (1) education, (2) state government, and (3) city government. Such applicants will have acquired the experience necessary to understand the operations of larger-sized organizations, such as County government. Audit experience is very much preferred, and those who

are Certified Public Accountants, Certified Internal Auditors, accounting educators, or have related experience and/or backgrounds in business, finance, accounting, or auditing are encouraged to apply. Each Committee member shall be financially literate upon appointment to the Committee. Audit experience is preferable.

Ethics - One of the functions of the Committee is to assist in the promotion and maintenance of an ethical culture in Doña Ana County government. Members of the Committee shall demonstrate the hiuhesl standard of ethical behavior, integrity, objectivity, confidentiality, and competency. A Committee nominee must not currently be under investigation for a crime nor be on probation, and all nominees must pass a background examination.

Independence - All -voting- Committee members shall be independent, objective., and apolitical. Members of the Committee shall ensure that they do not have a conflict of interest due to personal. political, business, or other interests or activities. If any member has a conflict of interest in an area that is considered for an audit, that member will bring this to the attention of both the Committee and the BOCC so that appropriate actions,can be taken.

committee.

Confidentiality - Confidentiality of information presented and/or discussed during all Committee meetings shall be maintained by each Committee member and attendee. Members of the Committee shall sign a non-disclosure agreement. Breaches of confidentiality may result in removal/dismissal from the Committee.

Committee Membership Revocation - Committee members can be removed from the Committee before the completion of their term by voluntary resignation, or by BOCC majority decision. Within six months of bein g established, the Committee should create guidelines. procedures, and/or bylaws as applicable bv which to govern the internal operations of the Committee.

M EETINGS AND ANNUAL REPORTS

The Internal Audit Committee is responsible for maintenance of this Charter, to ensure that it is reviewed annually and is-revised as necessary. Any amendment(s) is subject to review and approval

wijjnlssio tiers Chairman¡oard-of Count'

ADOPTION OF INTERNAL AUDIT ADVISORY COM M ITTEE CHARTER

E X E C U T IV E E N D O R S E M E N T O F T H E IN T E R N A L U D I T D E P A R T M E N T C H A U TER

The Internal Audit Advisory Committee Charter is the fonnal document that specifies the InternalAudit Committee's authority and responsibilities. The charter is important to County management,and the audit staff. Qur-The endorsement adoption of the Internal Audit Advisory Committee Charterunderscores the importance of Independence independence of the Internal Audit Department functionfor Doña Ana County operations.

X Xv Ronnie-W right( TKcar Vasquez^Butte'fIntern a 1 A udit Committee Chairman

Revision 2 1 2010




Financial ServicesInitiating Department

Jo Ann Rowe. Financial Services Director Contact Person

July 25.2017 Meeting Date

Agenda Item Number

TITLE OF AGENDA ITEM TO BE CONSIDEREDAPPROVAL OF DOÑA ANA COUNTY’S FISCAL YEAR 2016-2017 FOURTH QUARTER

FINANCIAL REPORT ENDING JUNE 30,2017


Approval of fiscal year 2016-2017 fourth quarter financial report ending June 30, 2017. The Department of Finance and Administration (DFA) requires that Doña Ana County submit the fourth quarter financial report to BOCC for formal approval. This resolution is necessary to maintain compliance with DFA rules and regulations.

DESCRIPTION OF SUPPORTING DOCUMENTATION ATTACHEDBudget ResolutionDFA Quarterly Recapitulation

SUMMARY OF FINANCIAL IMPACTThis budget resolution represents the County’s fourth quarter transactions for fiscal year 2016-2017 as reported to DFA

1nance

Purchasing

Planning


______ Legal

______ Human Resources

Other



DOCUMENT CONTROL

Original/s for signature? ^ Yes □ No For Recording? £3 Yes □ No

Return original/s to: Marisol Richardson Name Finance Dept.

Send copy of recorded original/s (resolution and ordinances only) to: Name

Deadline for return of document/s? Yes, return by: or □ No

Dept.

RESOLUTION NO. 17 _______ _

FY2017 FINAL QUARTER FINANCIAL REPORT YEAR ENDING JUNE 30, 2017


WHEREAS, the governing body in and for the County of Doña Ana, State of New Mexico, has developed a budget for fiscal year 2017-2018; and

WHEREAS, the final quarterly report has been reviewed and approved to ensure the accuracy of the beginning balances used on the fiscal year 2017-2018 budget; and

WHEREAS, it is hereby certified that the contents in this report are true and correct to the best of our knowledge and that this reports depicts all funds for fiscal year 2016-2017.

NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Doña Ana County, State of New Mexico, hereby approves the final quarterly report for fiscal year 20 lb- 2017 and respectfully requests approval from the Local Government Division of the Department of Finance and Administration.

Resolved in the Board session this 25th day of July, 2017.







ATTEST:





Financial ServicesInitiating Department

Jo Ann Rowe. Financial Services Director Contact Person

July 25. 2017 Meeting Date

JPlAgenda Item Number

TITLE OF AGENDA ITEM TO BE CONSIDEREDAPPROVE RESOLUTION ADOPTING DOÑA ANA COUNTY’S FY2017-2018 FINAL BUDGET


Approval of Final Budget Resolution for Fiscal Year 2017-2018 to properly reflect the transactions as identified by the staff of the DAC Finance Department. This resolution is necessary to maintain compliance with New Mexico Department of Finance and Administration (DFA) rules and regulations.

DESCRIPTION OF SUPPORTING DOCUMENTATION ATTACHEDBudget Resolution FY18 Budget RecapitulationFY18 Schedule of Transfers___________________ ________________________________________

SUMMARY OF FINANCIAL IMPACTThis budget resolution will establish the County’s Final operating budget for FY2017-2018 and will become effective when approved by DFA for operations beginning July 1, 2017.

^ 0( J f %— Finance

Purchasing

Planning


______ Legal

________ Human Resources

___ Other

County Manager/ Agenda Review


DOCUMENT CONTROL

Original/s for signature? 13 Yes □ No For Recording? |3Y es □ No

Return original/s to: Marisol Richardson Name Finance Dept.

Send copy of recorded original/s (resolution and ordinances only) to: Name Dept.

Deadline for return of document/s? Yes, return by: or D No

BUDGET RESOLUTION NO. 17_____

2017 - 2018 BUDGET RESOLUTION (106th FISCAL YEAR)


WHEREAS, the governing body in and for the County of Doña Ana, State of New Mexico, has developed a final budget for the fiscal year 2017 -2018; and

WHEREAS, said final budget was developed on the basis of need of the County; and

WHEREAS, it is the majority opinion of this Board that the proposed final budget meets the requirements as currently determined for the fiscal year 2017-2018.

NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Doña Ana County, State of New Mexico, hereby adopts this final budget attached hereto and respectfully requests approval from the Local Government Division of the Department of Finance and Administration.

Resolved in the Board session this 25dl of July, 2017.







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DOÑA ANA COUNTY ORDINANCE NO. 2017-____

ORDINANCE AUTHORIZING THE OPERATION OF OFF-HIGHWAY MOTOR VEHICLES ON PAVED STREETS OR HIGHWAYS OWNED AND CONTROLLED BY THE COUNTY OF DOÑA ANA AS SET FORTH IN THIS ORDINANCE.

WHEREAS, the New Mexico Legislature amended Section 66-3-1011 NMSA 1978 to allow the operation of off-highway motor vehicles on a paved street or highway owned and controlled by the authorizing entity, subject to certain conditions;

WHEREAS, the Board of County Commissioners of Doña Ana County, New Mexico deem it desirable to allow the operation of off-highway motor vehicles on paved streets or highways owned and controlled by the County of Doña Ana, subject to certain conditions;

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DOÑA ANA COUNTY, NEW MEXICO:

SECTION 1: PURPOSE. The purpose of this Ordinance is to allow the operation of off-highway motor vehicles on a paved street or highway owned and controlled by the County of Doña Ana, as authorized in this Ordinance.

SECTION 2: TITLE OF ORDINANCE. This Ordinance shall be referred to as the “Off- Highway Motor Vehicle Ordinance”.

SECTION 3: DEFINITIONS. “Off-highway motor vehicle” means a motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes:

A. "all-terrain vehicle", which means a motor vehicle fifty inches or less in width, having an unladen dry weight of one thousand pounds or less, traveling on three or more low-pressure tires and having a seat designed to be straddled by the operator and handlebar-type steering control;

B. "recreational off-highway vehicle", which means a motor vehicle designed for travel on four or more non-highway tires, for recreational use by one or more persons, and having:

(1) a steering wheel for steering control;

(2) non-straddle seating;

(3) maximum speed capability greater than thirty-five miles per hour;

(4) gross vehicle weight rating no greater than one thousand seven hundred fifty pounds;

(5) less than eighty inches in overall width, exclusive of accessories;

(6) engine displacement of less than one thousand cubic centimeters; and

t í . \

(7) identification by means of a seventeen-character vehicle identification number; or

C. by rule of the Department of Game and Fish, any other vehicles that may enter the marketthat fit the general profile of vehicles operated off the highway for recreational purposes.

SECTION 4: OPERATION OF OFF-HIGHWAY MOTOR VEHICLES ON PAVED STREETS OR HIGHWAYS OWNED AND CONTROLLED BY THE COUNTY OF DOÑA ANA.

A. A person shall not operate an off-highway motor vehicle on any:

(1) limited access highway or freeway at any time; or

(2) paved street or highway except as provided in Subsection B, C, or D of this section.

B. Off-highway motor vehicles may cross streets or highways, except limited access highways or freeways, if the crossings are made after coming to a complete stop prior to entering the roadway. Off-highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then cross in the most direct manner as close to a perpendicular angle as possible.

C. A recreational off-highway vehicle or an all-terrain vehicle may be operated on a paved street or highway owned and controlled by the County of Doña Ana if:

(1) the vehicle has one or more headlights and one or more taillights that comply with the Off-Highway Motor Vehicle Act;

(2) the vehicle has brakes, mirrors and mufflers;

(3) the operator has valid driver's licenses or permits as required under the Motor Vehicle Code and off-highway motor vehicle safety permits as required under the Off-Highway Motor Vehicle Act;

(4) the operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act [Sections 66-5-201 through 66-5-230 NMSA 1978];

(5) the operator of the vehicle is using eye protection that complies with the Off- Highway Motor Vehicle Act; and

(6) if the operator is under eighteen years of age, the operator is wearing a safety helmet that complies with the Off-Highway Motor Vehicle Act.

D. Except for sections of the Motor Vehicle Code that are in conflict with the licensing and equipment requirements of the Off-Highway Motor Vehicle Act, any operator using an off-highway motor vehicle on a paved street or highway shall be subject to the requirements and penalties for operators of moving and parked vehicles under the Motor Vehicle Code.

SECTION 5: SPEED LIMIT. The Off-Highway Motor Vehicle Act allows the County to establish separate speed limits for off-highway motor vehicles. The speed limits shall be as follows:

A. The speed limit for all-terrain vehicles operated within the county shall be thirty-five miles per hour or the posted speed limit, whichever is less. If the posted speed limit is higher than thirty-five miles per hour, the operator shall operate the all-terrain vehicle on the extreme right hand side of the roadway.

B. The speed limit for recreational off-highway vehicles operated within the County shall be forty-five miles per hour or the posted speed limit, whichever is less.

SECTION 6: PASSENGERS. The Off-Highway Motor Vehicle Act allows the County to establish operating restrictions for off-highway motor vehicles. The operating restrictions shall be as follows:

A. A person operating a recreational off-highway vehicle shall ride only upon the permanent and regular seat attached thereto and such operator shall not carry any other person nor shall any other person ride on a recreational off-highway vehicle unless such vehicle is designed to carry more than one person, if designed for two persons, or upon another seat firmly attached to the recreational off-highway vehicle at the rear of the operator.

B. A person under the age of eighteen shall not operate an all-terrain vehicle while carrying a passenger.

C. A person shall ride an all-terrain vehicle only while sitting astride the seat, facing forward, with one leg on either side of the off-highway motor vehicle.

D. No person shall ride upon an all-terrain vehicle while carrying any package, bundle, or other article which prevents him from keeping both hands on the handlebars,

E. No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation of the all-terrain vehicle or the view of the operator.

SECTIO N 7: O BEDIENCE TO TRAFFIC LAW S REQUIRED. Any person operating an off- highway motor vehicle shall obey all traffic laws, rules and regulations and shall be subject to the provisions of Articles 1 through 8 of Chapter 66 NMSA 1978.

SECTIO N 8: SEVERABILITY. In the event that any clause, sentence, paragraph, section, or other portion of this Ordinance is found by any Court of competent jurisdiction to be invalid, it is the intent of the Board of County Commissioners that the remaining portions of the Ordinance be given full force and effect. It is the expressed intent of the Board of County Commissioners to adopt each section, phrase, paragraph, and word of this Ordinance separately.

SECTIO N 9: EFFECTIVE DATE.

This ordinance shall become effective thirty days after the ordinance has been recorded in the office of the Doña Ana County Clerk.

ENACTED this_____ day o f______ 2017

BOARD ENACTED th is_____day o f_______, 2017





Isabella A. Solis, District 4 For / Against

John L. Vasquez, District 5 For / Against

ATTEST:


NOTICE OF PUBLIC HEARING

On July 25, 2017, the Board of County Commissioners of Doña Ana County directed that a public hearing be conducted at a regularly scheduled Board meeting on August 22, 2017, at 9:00 a.m. on the question of whether to enact an ordinance that allows for the operation of off-highway motor vehicles on paved streets or highways owned and controlled by the County of Doña Ana. The public hearing will be held at the Doña Ana County Government Center located at 845 N. Motel Blvd., Las Cruces, New Mexico. Should you require special accommodations as a result of a disability, please contact the County ADA Coordinator at 525-5884 (voice), 525-5951 (TTY), or 1-877-827-7200 (toll free), or write to ADA Coordinator, 845 N. Motel Blvd., Las Cruces, New Mexico 88007.

THE OFFICIAL TITLE OF THE PROPOSED ORDINANCE IS: OFF-HIGHWAY MOTOR VEHICLE ORDINANCE.

GENERAL SUMMARY:The proposed ordinance is to allow the operation of recreational off-highway motor vehicles (allterrain vehicles and recreational off-highway vehicles) as defined therein, on a paved street or highway owned and controlled by the County of Doña Ana, as provided for under NMSA 1978, § 66-3-1011.

A copy of the proposed ordinance is available for inspection at the Office of the County Clerk, Doña Ana County Government Center, 845 N. Motel Blvd., Las Cruces, New Mexico during regular business hours.

Publish: Las Cruces Sun-News on .

Untitled document

66-3-1001.1. Definitions.As used in the Off-Highway Motor Vehicle Act:A. "board" means the off-highway motor vehicle advisory board;B. "department" means the department of game and fish;C. "division" means the motor vehicle division of the taxation and revenue department;D. "fund" means the trail safety fund;E. "off-highway motor vehicle" means a motor vehicle designed by the manufacturer for

operation exclusively off the highway or road and includes:(1) "all-terrain vehicle", which means a motor vehicle fifty inches or less in width, having

an unladen dry weight of one thousand pounds or less, traveling on three or more low-pressure tires and having a seat designed to be straddled by the operator and handlebar-type steering control;

(2) "off-highway motorcycle", which means a motor vehicle traveling on not more than two tires and having a seat designed to be straddled by the operator and that has handlebar-type steering control;

(3) "snowmobile", which means a motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners or low-pressure tires;

(4) "recreational off-highway vehicle", which means a motor vehicle designed for travel on four or more non-highway tires, for recreational use by one or more persons, and having:

(a) a steering wheel for steering control;(b) non-straddle seating;(c) maximum speed capability greater than thirty-five miles per hour;(d) gross vehicle weight rating no greater than one thousand seven hundred fifty

pounds;(e) less than eighty inches in overall width, exclusive of accessories;(f) engine displacement of less than one thousand cubic centimeters; and(g) identification by means of a seventeen-character vehicle identification number; or

(5) by rule of the department, any other vehicles that may enter the market that fit the general profile of vehicles operated off the highway for recreational purposes;

F. "staging area" means a parking lot, trailhead or other location to or from which an off- highway motor vehicle is transported so that it may be placed into operation or removed from operation; and

G. "unpaved public roadway" means a dirt graveled street or road that is constructed, signed and maintained for regular passenger-car use by the general public.History: Laws 2005, ch. 325, § i; 2009, ch. 53, § L

The 2009 amendment, effective April 1, 2009, in Subsection A, changed "safety" to "advisory"; added Subsection B; in Subsection C, added "of the taxation and revenue department"; and added Paragraphs (4) and (5) of Subsection E.

Temporary provisions. — Laws 2009, ch. 53, § 14, provided that on July 1, 2009, all records, personnel, appropriations, money, equipment, supplies and other property of the tourism department pursuant to administration and enforcement of the Off-Highway Motor Vehicle Act shall be transferred to the department of game and fish and all contracts pursuant to the Off-Highway Motor Vehicle Act shall be binding and effective on the department of game and fish.

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Untitled document

66-3-1001.1. Definitions.SliEulc lirrl

As used in the Off-Highway Motor Vehicle Act:A. "board" means the off-highway motor vehicle advisory board;B. "department" means the department of game and fish;C. "division" means the motor vehicle division of the taxation and revenue department;D. "fund" means the trail safety fund;E. "off-highway motor vehicle" means a motor vehicle designed by the manufacturer for

operation exclusively off the highway or road and includes:(1) "all-terrain vehicle", which means a motor vehicle fifty inches or less in width, having

an unladen dry weight of one thousand pounds or less, traveling on three or more low-pressure tires and having a seat designed to be straddled by the operator and handlebar-type steering control;

(2) "off-highway motorcycle", which means a motor vehicle traveling on not more than two tires and having a seat designed to be straddled by the operator and that has handlebar-type steering control;

(3) "snowmobile", which means a motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners or low-pressure tires;

(4) "recreational off-highway vehicle", which means a motor vehicle designed for travel on four or more non-highway tires, for recreational use by one or more persons, and having:

(a) a steering wheel for steering control;(b) non-straddle seating;(c) maximum speed capability greater than thirty-five miles per hour;(d) gross vehicle weight rating no greater than one thousand seven hundred fifty

pounds;(e) less than eighty inches in overall width, exclusive of accessories;(f) engine displacement of less than one thousand cubic centimeters; and(g) identification by means of a seventeen-character vehicle identification number; or

(5) by rule of the department, any other vehicles that may enter the market that fit the general profile of vehicles operated off the highway for recreational purposes;

F. "staging area" means a parking lot, trailhead or other location to or from which an off- highway motor vehicle is transported so that it may be placed into operation or removed from operation; and

G. "unpaved public roadway" means a dirt graveled street or road that is constructed, signed and maintained for regular passenger-car use by the general public.History: Laws 2005, ch. 325, § J_; 2009, ch. 53, § J_.Annotation*

The 2009 amendment, effective April 1, 2009, in Subsection A, changed "safety" to "advisory"; added Subsection B; in Subsection C, added "of the taxation and revenue department"; and added Paragraphs (4) and (5) of Subsection E.

Temporary provisions. — Laws 2009, ch. 53, § 14, provided that on July 1, 2009, all records, personnel, appropriations, money, equipment, supplies and other property of the tourism department pursuant to administration and enforcement of the Off-Highway Motor Vehicle Act shall be transferred to the department of game and fish and all contracts pursuant to the Off-Highway Motor Vehicle Act shall be binding and effective on the department of game and fish.

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Untitled document

66-3-1011. Operation on streets or highways; prohibited areas.Sliluk led

A. A person shall not operate an off-highway motor vehicle on any:(1) limited access highway or freeway at any time; or(2) paved street or highway except as provided in Subsection B, C, D or E of this section.

B. Off-highway motor vehicles may cross streets or highways, except limited access highways or freeways, if the crossings are made after coming to a complete stop prior to entering the roadway. Off-highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then cross in the most direct manner as close to a perpendicular angle as possible.

C. If authorized by ordinance or resolution of a local authority or the state transportation commission, a recreational off-highway vehicle or an all-terrain vehicle may be operated on a paved street or highway owned and controlled by the authorizing entity if:

(1) the vehicle has one or more headlights and one or more taillights that comply with the Off-Highway Motor Vehicle Act;

(2) the vehicle has brakes, mirrors and mufflers;(3) the operator has valid driver's licenses or permits as required under the Motor Vehicle

Code and off-highway motor vehicle safety permits as required under the Off-Highway Motor Vehicle Act;

(4) the operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act [Sections 66-5-201 through 66-5-239 NMSA 1978];

(5) the operator of the vehicle is using eye protection that complies with the Off-Highway Motor Vehicle Act; and

(6) if the operator is under eighteen years of age, the operator is wearing a safety helmet that complies with the Off-Highway Motor Vehicle Act.

D. Except for sections of the Motor Vehicle Code that are in conflict with the licensing and equipment requirements of the Off-Highway Motor Vehicle Act, any operator using an off- highway motor vehicle on a paved street or highway shall be subject to the requirements and penalties for operators of moving and parked vehicles under the Motor Vehicle Code.

E. By ordinance or resolution, a local authority or state transportation commission may establish separate speed limits and operating restrictions for off-highway vehicles where they are authorized to operate on paved streets or highways pursuant to Subsection C of this section.

F. A person shall not operate an off-highway motor vehicle on state game commission- owned, -controlled or -administered land except as specifically allowed pursuant to Chapter 17. Article 6 NMSA 1978.

G. A person shall not operate an off-highway motor vehicle on land owned, controlled or administered by the state parks division of the energy, minerals and natural resources department, pursuant to Chapter 16, Article 2 NMSA 1978, except in areas designated by and permitted by rules adopted by the secretary of energy, minerals and natural resources.

H. Unless authorized, a person shall not:(1) remove, deface or destroy any official sign installed by a state, federal, local or

private land management agency; or(2) install any off-highway motor vehicle-related sign.

Mutiny

History: 1953 Comp., § 64-42-11. enacted by Laws 1975, ch. 240, § Jl; recompiled as 1953 Comp, § 64-3-1011, by Laws 1978, ch. 35, § 207; 1985, ch. 189, § H ; 2005, ch. 325, § 14; 2009, ch. 53, § 7; 2016, ch. 91, § I; 2017, ch. 70, § 4.

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Annotation*

Cross references. — For controlled access highways generally, se e 67-11-1 NMSA 1978 et seq.

The 2017 amendment, effective July 1, 2017, removed the requirement that a helmet be used by adults driving or riding off-highway vehicles on paved roads, limited the requirement to operators under eighteen years of age, and provided that any operator using an off-highway motor vehicle on a paved street or highway shall be subject to the requirements and penalties of the Motor Vehicle Code; in Subsection A, Paragraph A(2), after "B, C", deleted "or", and after "D", added "or E"; in Subsection C, Paragraph C(3), after "operator has", deleted "a", after "valid driver’s", deleted "license, instruction permit or provisional license and an off-highway motor vehicle safety permit" and added "licenses or permits as required under the Motor Vehicle Code and off-highway motor vehicle safety permits as required under the Off-Highway Motor Vehicle Act", in Paragraph C(5), after "vehicle is", deleted "wearing" and added "using", and after "protection", deleted "and" and added "that complies with the Off-Highway Motor Vehicle Act; and", added paragraph designation "(6)", and in Paragraph C(6), added "if the operator is under eighteen years of age, the operator is wearing", and after "that", deleted "comply" and added "complies"; and added a new Subsection D and redesignated the succeeding subsections accordingly.

The 2016 amendment, effective May 18, 2016, allowed recreational off-highway and all-terrain vehicles to be driven on streets, roads and highways if authorized by local ordinance or resolution, and allowed local authorities or the state transportation commission to establish separate speed limits and operating restrictions for off-highway vehicles; in Subsection A, Paragraph (2), deleted "any", and after "Subsection B", added "C or D"; and added new Subsections C and D, and redesignated the succeeding subsections accordingly.

The 2009 amendment, effective April 1,2009, added Subsection E.

The 2005 amendment, effective January 1, 2006, added Subsection A(2) to provide that a person shall not operate an off-highway motor vehicle on a paves street or highway except as provided in Subsection B; provided in Subsection B that an off-highway motor vehicle may not cross a limited access highway or freeway; added Subsection C to provide that a person shall not operate an off-highway motor vehicle on state game commission land except as allowed in Chapter 17, Article 6 NMSA 1978; and added Subsection D to provide that a person shall not operate an off-highway motor vehicle on state park land except on designated and permitted areas.

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Human Resources Initiating Department

July 25. 2017 Meeting Date

Deborah Weir. HR Director Contact Person

13 6Agenda Item Number


PROVIDE DIRECTION TO STAFF REGARDING TASK ORDER FOR AN UPDATED LABORMARKET COMPENSATION STUDY


County Codes 45-6. Administration of Human Resources System and 45-9. Compensation Plan direct that a compensation plan be created and maintained. Human Resources policy 5-7. Compensation Plan Update requires the plan to be reviewed annually in order to maintain competitiveness. The compensation study would provide updated salary data and the level of competitiveness compared to the labor market. The study will provide the County Commission with the necessary analysis to make compensation decisions related to the strategic plan goals, collective bargaining negotiations, and recruitment and retention efforts. ________


County Code 45-6. Administration of Human Resources SystemCounty Code 45-9. Compensation PlanHuman Resources Policy 5-7. Compensation Plan Update


Cost not to exceed $39,500.00

A D M IN ISTR A TIV E R EV IEW A N D A PPR O V A L

______ Finance ______ Legal

______ Purchasing Human Resources

______ Planning ______ Other

DOCUMENT CONTROL

Original/s Tor signature? ___Yes No For Recording?___ Yes No

Return original/s to: _______________N am e_____________________ Dept.

Send copy of recorded original/s (resolution and ordinances only) to: _______________ N am e_____________________ Dept.

Deadline for return of document/s? Yes, return by :_________________ or ___No


. Assistant County Manager

Doña Ana County, NM

Doña Ana County, NM Friday, July 21, 2 0 7 7

Chapter 45. Human Resources

§ 45-6. Administration of human resources system.

A. Under the supervision of the County Manager, the Human Resources Director will administer the Doña Ana County Merit System set forth in this chapter, consistent with the Human Resources Policies to be adopted in accordance herewith, and in accordance with all future approved directives and administrative instructions.

B. The Human Resources Director will ensure that employment decisions, including, but not limited to, recruitment, selection, promotion, reassignment, corrective action, compensation and o ther conditions or privileges of employment, are based on the individual's ability to perform the essential functions of the job.

C. The Human Resources Director, under the supervision of the County Manager, will continue to establish program s to develop, implement, and maintain procedures for the conditions of employment, evaluation of work perform ance, employee conduct, leave usage, and other aspects of human resources management for County employees, in compliance with applicable laws and policies.

D. The Human Resources Director, under the supervision of the County Manager, will continue to establish program s to develop, implement, and maintain the County's compensation plan, including a salary schedule reflecting the pay ranges for each job classification and other pay policies.

§ 45-9. Compensation plan.

A. The compensation plan shall consist of wages; salaries, and all o ther benefits of value to an employee that result in a cost to the County.

B. The Human Resources Director, with approval from the County Manager and the Board of County Commissioners by resolution, will establish, maintain, and publish a compensation plan. The compensation plan shall group all positions into classes, based on duty, responsibility, authority, and other qualifications required for satisfactory performance. Experience, education, licenses, certifications, skills, and other specifications shall be established for each class.

C. The compensation plan will include a salary schedule consisting of pay grade ranges containing a minimum and maximum salary or grade and step range for each job, and factors for determining the appropriate rate of pay for each.

D. The compensation plan may provide for periodic cost-of-living adjustments, merit increases, longevity, and other benefits that the Board of County Commissioners deems appropriate.

E. The compensation plan, including the salary schedule, is subject to the availability of funds and the financial condition of the County.

http://ecode360.com/print/DO2860?guid=9673737,9673755 7/21/2017

5-7. COMPENSATION PLAN UPDATE.

A. The Compensation Plan will be reviewed annually to maintaincompetitiveness.

1. Market Review. The Human Resources Department will conduct a market analysis to determine salary changes in the benchmark positions. This may be done through a custom survey of the market competitors or through the analysis of trend data.

2. Salary-Grade Assignments, The Human Resources Department will evaluate the salary-grade assignments and recommend changes to respond to changes in the market conditions.

3. Cost-Impact Analysis. The Human ResourcesDepartment will analyze costs associated with the recommended changes and develop a recommended budget for salary changes. This recommended budget will be reviewed with County management for approval. If approved, the County Manager will present the proposal for the compensation plan to the BOCC in the form of a resolution.