Making an Irrevocable Election. In accordance with the Personnel Act (NMSA 1978, Section 10-9-18), an Employee who has completed the probationary period and has been dismissed, demoted, or suspended has the right to an appeal. The Employee may have the appeal decided by the SPB in accordance with SPB Rules or may make an irrevocable election to have the appeal decided by an Arbitrator,
Making an Irrevocable Election. In accordance with the Personnel Act (NMSA 1978, Section 10-9-18), an Employee who has completed the probationary period and has been dismissed, demoted, or suspended has the right to an appeal. The Employee may have the appeal decided by the SPB in accordance with SPB Rules or may make an irrevocable election to have the appeal decided by an Arbitrator, but not both. No later than thirty (30) calendar days from the effective date of the dismissal, demotion, or suspension, a notice of appeal and irrevocable election must be made in writing and filed with the SPO Director. The notice must indicate whether the Employee is choosing to have the SPB or an Arbitrator decide the appeal and must be accompanied with a copy of the NFA.
