SB 168 DISTRICT ATTORNEY SALARIES

Sen Steven P. Neville

Actions: [2] SCC/SJC/SFC-SCC

Scheduled: Not Scheduled

 Senate Bill 168 (SB 168) requires that the salaries for district attorneys be 95% of the salary of an appellate judge, removes the designation of “at will” positions and provides that “at will” positions are to be defined by the New Mexico District Attorney Association Personnel and Compensation Plan, and repeals sections of law.   

 First, Senate Bill 168 (SB 168) requires that the annual salary for district attorneys be 95% of the annual salary of a judge of the court of appeals. It adds that no additional salaries are to be paid to the district attorney except for per diem and mileage for necessary and official business travel. 

Second, the bill amends the definition of “covered position” as used in the District Attorney and Personnel and Compensation Act (Act) to mean any position within the district attorney’s office except those at-will positions in the New Mexico District Attorney Association Personnel and Compensation Plan (Plan).  It provides that “at-will” positions must be defined in that Plan and these employees will serve at the pleasure of the district attorney. The bill adds that at-will employees are not entitled to utilize the grievance procedures in the Act.  

Third, SB 168 increases the length of term on the District Attorney Personnel Review Board from one year to two years.  

SB 168 repeals Section 36-1-2 (assistant district attorneys), 36-1-21 (penalty for aiding the defense) and 36-1A-14 (existing personnel rules are in effect until new rules are established under the Act). 

 Currently, “covered position” means any position within a district attorney’s office except for the district attorney, attorney, district office manager and special program director.  Currently, the statute provides that attorneys, district manager, and special program directors are “at will” employees.  Currently, only covered employees are entitled to use the grievance procedures in the Act.  

 SB 168 is identical to HB 204