The policy requires 30 days’ notice, creates a transfer window for affected workers and generally requires vacant and temporary positions to be cut before regular full-time jobs

Damien Willis, Organ Mountain News

LAS CRUCES - New Mexico State University has adopted a new policy governing layoffs of employees who are not covered by collective bargaining agreements, establishing a formal process that includes 30 days’ notice, opportunities to transfer into vacant positions and limited recall rights after a layoff.

The policy, ARP 7.66, was approved by NMSU President Valerio Ferme on June 22 and applies across the NMSU system. University Policy Officer Donna Ottaviano presented it to the Board of Regents during its Aug. 18 meeting as part of a broader report on policy changes approved between March and July.

Ottaviano told the Regents the new rule defines what constitutes a reduction in force and distinguishes those layoffs from other personnel actions.

“This policy clearly defines what constitutes a reduction in force and what that looks like for the university, as compared to other processes that might result in personnel actions,” Ottaviano said.

The policy defines a reduction in force as the involuntary elimination of a position because of reduced or eliminated funding, changing business needs, reorganization or changes in the university’s work needs caused by internal or external factors.

Before a reduction in force can occur, the affected university unit must submit documentation to NMSU’s Human Resources Office of People Relations, including a written rationale, an analysis of which programs or services should be reduced, positions proposed for elimination and an explanation of how remaining work will be performed.

Both the associate vice president of Human Resource Services and the president must approve the reduction before affected employees can be notified.

Notice, transfers and order of cuts

The policy requires NMSU to give affected employees 30 calendar days’ notice before a layoff.

During that same period, regular employees facing elimination of their positions can work with Human Resources to seek transfers. Employees who apply for posted vacancies and meet the minimum qualifications are guaranteed a first-level interview.

Temporary, term and probationary employees are excluded from that transfer provision.

The policy also directs university units to eliminate or reduce vacant, temporary, term and part-time positions within an affected work unit before cutting regular full-time positions.

Recall rights and other protections

Once a position has been eliminated through a reduction in force, NMSU cannot refill it for 12 consecutive months.

Laid-off employees may also be recalled during the first 90 calendar days after separation. The policy says recalls may be made by seniority whenever possible, provided the former employee meets the minimum qualifications for the newly vacant position.

A transfer or recall can result in a different title, pay grade or salary.

Employees using NMSU’s tuition benefit when their positions are eliminated are allowed to keep that benefit through the semester in which they are enrolled.

The new policy does not cover employees whose collective bargaining agreements already address reductions in force. Ottaviano told the Regents that the university’s existing ARP 7.65 remains reserved for bargaining-unit employees.

The Regents did not vote on the policy Aug. 18. Under NMSU’s policy framework, the president had already approved it, and the item came to the board as an informational report. The Regents asked no questions about the new reduction-in-force rules.

Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.