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					Administrative Instructions


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                      City of Albuquerque
                    Administrative Instructions
                                Current through August 17, 2005
                                          Published by:
                      American Legal Publishing Corporation
                                 432 Walnut Street, 12th Floor
                                     Cincinnati, Ohio 45202
                                       Tel: (800) 445-5588
                                      Fax: (513) 763-3562
                              Email: customerservice@amlegal.com
                               Internet: http://www.amlegal.com



                                          Introduction
The activities of the City of Albuquerque are subject to the provisions of various laws, rules
and regulations, including the following:
                *      New Mexico State Statutes
               *       Federal and State Grant Provisions
               *       City Charter
               *       City Ordinances
               *       Administrative Instructions
               *       Chief Administrative Officer‟s Policies and Procedures Manual
               *       Executive Instructions
               *       Personnel Rules and Regulations
               *       Purchasing Rules and Regulations
The purpose of Administrative Instructions is to provide policies and procedures for activities
which are not adequately controlled by other rules and regulations. The need for the policies
and procedures may result from activities related to a process which has been implemented, or
the need may result from a change in external regulations or other factors in the environment
of the activity.
The City of Albuquerque‟s Administrative Instructions are rules and regulations which have
been written by various City departments and approved by the City‟s Chief Administrative


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Officer (CAO). After approval by the CAO, they are assigned numbers and are distributed to
the City‟s departments. Any changes to Administrative Instructions must be approved by the
CAO before they are distributed.
After an Administrative Instruction is approved, all departments and City employees shall
comply with its provisions, unless a department has a written exemption signed by the CAO.
Department directors should distribute copies of Administrative Instructions to departmental
personnel whose activities are affected by them.




            Procedures for Approval, Issuance and
            Revision of Administrative Instructions

Administrative Instructions are divided into eight subject-matter categories.
        1.      Administrative
        2.      Financial
        3.      Purchases
        4.      Vehicles
        5.      City Real Estate
        6.      Other Property
        7.      Personnel
        8.      Miscellaneous
Each Administrative Instruction is assigned a number. The number consists of the appropriate
category number, a hyphen and a consecutive number for that particular category of
Administrative Instruction. For example, Administrative Instruction No. 5-2 would be the
second Administrative Instruction related to City Real Estate.
A department which determines that an Administrative Instruction is needed should prepare a
draft and have it approved by the department director. The Administrative Instruction should
then be submitted to the Mayor/CAO Department for review and approval. After it had been
approved by the CAO, the Department of the Mayor/CAO will assign it a number. The
Mayor/CAO Department will then distribute it to all City departments.
When a department determines that an Administrative Instruction should be revised, the
department should submit to the CAO a draft of the revised Administrative Instruction, along
with an explanation for the revision. The Mayor/CAO Department will review and will
distribute the approved revised Administrative Instruction.
Revised Administrative Instructions and new Administrative Instructions which are
subsequently issued will have the date of issuance on each page.
In January and June of each year, the Mayor/CAO Department will revise the Table of
Contents incorporating changes which have occurred in the Administrative Instructions. The
Table of Contents will then be issued to all departments with the issue date shown by each
revised or newly-issued Administrative Instruction. It is the responsibility of departments to
assign a contact person for purposes of updating this manual. It should be their responsibility
to use the updated Table of Contents to ensure that the Department has a current and complete

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set of Administrative Instructions on file.
Should you have any questions regarding the Administrative Instruction process, please
contact the Department of the Mayor/CAO.



                           Executive Instructions


                             December 1, 2001
                        EXECUTIVE INSTRUCTION NO. 1


SUBJECT: Assumption of Office and Policy Directives
In accordance with the Charter of the City of Albuquerque and the statutes of the State of New
Mexico, I, Jim Baca, have assumed the position of Mayor of the City of Albuquerque, New
Mexico as of December 1, 1997.
All policy directives and guidance of the previous administration will remain in effect and
enforced, unless rescinded or amended by subsequent instructions.
Jim Baca
Mayor


                             December 1, 2001
                        EXECUTIVE INSTRUCTION NO. 2


SUBJECT: Signature Authority
1.      The signature authority of the City of Albuquerque is vested in the Mayor as the Chief
Executive of the City, unless otherwise delegated.
2.      Signature authority for the City of Albuquerque is herewith delegated to the Chief
Administrative Officer, unless specifically reserved to the Mayor. by statute, ordinance or
regulation.
3.      In the absence of a Chief Administrative Officer, the Mayor may appoint an acting
Chief Administrative Officer. All signature authority delegated to the Chief Administrative
Officer is vested in the acting Chief Administrative Officer.
4.      The Chief Administrative Officer may delegate vested signature authority by
administrative directive or instruction.
Martin J. Chavez
Mayor




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                                 July 1, 2004
                         EXECUTIVE INSTRUCTION NO. 3


SUBJECT: Appointment of Chief Administrative Officer
I herewith appoint James B. Lewis as Chief Administrative Officer for the City of
Albuquerque. James Lewis will serve as the Chief Administrative Officer and will have
responsibility for enforcement of the Merit System Ordinance among his other duties.
Martin J. Chavez /s/
Martin J. Chavez
Mayor


                                 June 2, 2003
                         EXECUTIVE INSTRUCTION NO. 4


SUBJECT: City Clerk Appointment
Effective June 2, 2003, I hereby appoint Judy Chavez as City Clerk with the authority to
exercise all the duties and responsibilities of that position. The City Clerk will report directly
to the Chief Administrative Officer.
Martin J. Chavez /s/
Martin J. Chavez
Mayor


                              December 1, 1997
                         EXECUTIVE INSTRUCTION NO. 5


SUBJECT: Water Conservation By City Of Albuquerque Municipal
         Government
As the largest single user of the City of Albuquerque Municipal water supply, the City
government shall engage in water conservation. All departments shall analyze their water use
and methods to reduce that use. Water waste elimination and water use reduction
opportunities that require minimal expense shall be implemented. Other water reduction
strategies shall be identified with budget requirements and shall be submitted for
consideration in the FY98 budget cycle.
The Chief Administrative Officer is hereby directed to issue specific administrative
instructions to implement this executive instruction.
Jim Baca
Mayor

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January 5, 1998
Date


                              December 1, 1997
                         EXECUTIVE INSTRUCTION NO. 6


SUBJECT: Nondiscrimination Policy
The city of Albuquerque acknowledges its continuing commitment to protecting individual
rights and privileges. In accordance with this commitment, the City prohibits discrimination
in the operation of government on the basis of race, color, religion, national origin or ancestry,
disability, age, gender, Vietnam Era or disabled veteran status, sexual orientation or medical
condition.
Jim Baca
Mayor
December 1, 1997
Date


                              December 1, 1997
                         EXECUTIVE INSTRUCTION NO. 7


SUBJECT: Confidentiality of Settlements
It is hereby declared to be the policy of this administration that agreements entered into in
order to settle claims or litigation against the City of Albuquerque will not contain provisions
providing for the confidentiality of the settlement documents or provisions prohibiting
disclosure or entering into the settlement.
Martin J. Chavez
Mayor


                              September 2, 1998
                         EXECUTIVE INSTRUCTION NO. 8


SUBJECT: Accessibility in Parks, Open Space and Trail Facilities
Federal law requires the City to plan, design and develop parks, open space and trail facilities
in accordance with the requirements of the Americans with Disabilities Act for public
recreation facilities. Providing maximum access to the City's parks, open space and trails is
important to the City and to all users of these recreation facilities. Parks, open space and trails


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should be designed, not merely to meet the requirements of federal law, but for the highest
level of accessibility possible. The consideration of accessibility in the planning phase and
the incorporation of maximum accessible facilities in the design phase for the development of
parks, open space and trails will minimize the increase in cost of constructing accessible
facilities in these recreation facilities.
The departments that are responsible for the planning, design and development of new parks,
open space and trails shall plan the development of these recreation facilities for the highest
level of accessibility possible and shall incorporate the highest level of accessible features into
the design for the developed recreation facilities.
Jim Baca
Mayor


                                 June 3, 1999
                         EXECUTIVE INSTRUCTION NO. 9


SUBJECT: Emission Testing
In light of the Environmental Health Department's review/evaluation of the City of
Albuquerque's compliance with the vehicle emissions program, I am directing the City's Fleet
Manager to initiate a program to ensure that all appropriate city vehicles are emission tested
on an annual basis rather than the required every other year. The city must set an example for
all our citizens by going the extra mile to ensure we maintain our air quality at the highest
possible level.
Jim Baca
Mayor


                                March 7, 2000
                        EXECUTIVE INSTRUCTION NO. 10


SUBJECT: Extension of Benefits to Domestic Partners of Employees
The City of Albuquerque recognizes and values the diverse composition of its employees.
The City acknowledges that people's lives have evolved from when laws governing family
relationships were enacted. Perpetuation of the traditional definitions of "family" excludes a
significant segment of the employee population, deprives them of recognition and validation,
and denies certain rights that should be afforded to persons who share their homes, their hearts
and their lives. In recognition of the City's commitment to nondiscrimination and fair
treatment of its employees, I am directing the Chief Administrative Officer to issue an
administrative instruction to implement this Executive Instruction.
Jim Baca
Mayor


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                               August 8, 2000
                        EXECUTIVE INSTRUCTION NO. 11


SUBJECT: Telephone Courtesy
Policy:
Every time an employee of the City makes or receives a telephone call at work, he or she is
representing the City. It is the policy of the City of Albuquerque that customers and citizens
are treated in a courteous and professional manner.
Telephone Etiquette:
Not only is it important that calls be answered promptly and with a professional tone of voice,
but also that customers and citizens are able to identify employees with whom they speak on
the telephone. Employees should be accountable to our citizens for the quality of their service.
Employees of the City of Albuquerque whose primary contact is with the public shall, when
answering the telephone, identify their department or work unit as a City of Albuquerque
government function, along with their name.
Example:        "City of Albuquerque. Mayor's Office. This is Jane."
                "City Water Customer Services. This is John. How may I help you?"
                "Albuquerque Convention Center. This is Steve. How may I direct your call?"
                "City Human Resources Department. This is JoEllen. How may I help you?"
                "City of Albuquerque. Transit Department. This is Frank."
Telephone Call Responsibility:
Employees should be concerned problem solvers. City employees should make every effort to
assist callers before transferring them to someone else. If transferring, make sure it is to the
appropriate person to avoid the "bureaucratic bounce". Calls should be answered promptly
and with a professional tone of voice.
Since everyone's time is valuable, realize that placing someone on hold may be a time waster.
Should it take longer than expected to gather information, return to the line periodically to
assure the caller their request is still being worked on.
To avoid placing callers on hold for an extended period of time, offer to promptly return the
call when the information is acquired.
Jim Baca
Mayor


                             November 17, 2000
                        EXECUTIVE INSTRUCTION NO. 12


SUBJECT: Elimination of Water Waste through Plumbing Fixture Leaks
         and Malfunctions in City Facilities
City government uses almost 5% of the water provided by the municipal water supply,

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making it the single largest water-using entity in Albuquerque. I am committed to City
government itself using water wisely and efficiently both to reduce water use and set an
example for the community.
Water conservation is a key component of my effort to ensure a sustainable water supply.
City government has made significant progress in reducing its water use while providing
expanding services for a growing population. Leaking or malfunctioning plumbing fixtures
which still occur in City-owned facilities and are not always repaired or replaced promptly,
however, continue to set an example in conflict with the City's adopted conservation program.
While these leaks and malfunctions may not appear large, they are often highly visible to City
employees and the public.
To eliminate this problem, City plumbing maintenance staff must respond quickly and
effectively to reported or observed leaks and malfunctions. Reporting of the leaks and
malfunctions by City employees and visitors to City facilities must also be expedited.
The Chief Administrative Officer is hereby directed to issue specific administrative
instructions to implement this executive instruction.
Jim Baca
Mayor
Date: 12-4-00


                             November 17, 2000
                        EXECUTIVE INSTRUCTION NO. 13


SUBJECT: Correspondence Management and Standards
Policy: Since the quality of correspondence prepared in the City of Albuquerque reflects
directly on the City and the services the City provides, it is expected that correspondence will
be handled promptly and provide requested information in a courteous, compassionate manner
that mirrors a customer-service orientation. Correspondence management is the responsibility
of key management officials who will ensure that:
a)      City correspondence will be created in a timely, economical and efficient manner;
b)     Style and usage of correspondence will reflect good business practices;
c)     All correspondence prepared in the City should be written in concise and simple
       language;
d)     The signature level will be based on the content of the correspondence, as well as the
       organizational level of the addressee;
e)     Correspondence prepared in the City of Albuquerque will:
              1)    Be responsive to all issues or questions raised,
               2)     Reflect completed staff work; that is, be appropriately researched, fully
               coordinated, and clearly presented in a concise, logical manner.
Correspondence Standards: All correspondence will be prepared in accordance with the

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guidelines set out in the City of Albuquerque Correspondence Handbook, dated October 1,
2000.
Timeliness: Correspondence should be prepared in a timely manner. An interim response
may be appropriate, depending on the nature of the inquiry.
Information Copies: When controlling correspondence that is internally generated or
received directly, offices will provide information copies to all elements of the organization
affected by the subject matter; those expected to concur in the reply; and any offices who are
otherwise likely to have an interest in the response (including those outside of the City of
Albuquerque).
Mayor/CAO Correspondence: All correspondence requiring the signature of the Mayor or
CAO will be prepared in accordance with the guidelines set out in the City of Albuquerque
Correspondence Handbook, dated October 1, 2000.
The Mayor's administrative assistant will assign due dates for responses prepared for the
Mayor's signature. When the established time frame for responding to an inquiry cannot be
met, an extension should be requested early in the process by contacting the Mayor's
administrative assistant.. An interim response may be required. Requests for extension
should be made prior to the assigned response date.
Where Mayor's correspondence touches on an issue involving more than one
department/office, the action office is expected to take the lead in coordinating and developing
a reply. If the action office received correspondence which could be answered more
appropriately by another office, reassignment may be requested by contacting the Mayor's
administrative assistant in person or by e-mail. The assignee will first contact the office to
which reassignment is proposed to ensure that there is agreement on the reassignment. If
agreement cannot be reached, the Mayor's administrative assistant will determine the assignee
who will assume responsibility for handling the correspondence.
Jim Baca
Mayor
Date: 12-6-00


                                July 1, 2004
                        EXECUTIVE INSTRUCTION NO. 14


SUBJECT: Submission of Reports to the Mayor and/or City Council
Resolutions and Ordinances enacted by the City Council sometimes require Departments to
submit periodic reports to the Mayor and/or City Council. Departments must ensure that these
reports are completed and submitted to the appropriate party in a timely manner. Such reports
shall be submitted via Executive Communication to assure that they are filed in the electronic
system. Reports shall be routed through the Budget Office prior to signature by the Chief
Administrative Officer.


               ________________________
               James B. Lewis

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               Chief Administrative Officer


                May 6, 2003 EXECUTIVE INSTRUCTION NO. 15


SUBJECT: Gender Identity Non Discriminatory Policy
The City of Albuquerque acknowledges its continuing commitment to protect individual
rights and privileges. In accordance with this commitment, the City prohibits discrimination in
city employment and in the operation of government on the basis of gender identity.
Martin J. Chavez /s/
Martin J. Chavez
Mayor
5/6/03
Date


              June 20, 2003 EXECUTIVE INSTRUCTION NO. 16


SUBJECT: New Mexico Commission for the Blind
I hereby reiterate the City of Albuquerque's intention to comply with the Horace DeVargas
Act, §§22-14-24 through 22-14-29 NMSA 1978, with regard to the placement of vending
stands on City property.
The purposes of the Act -- to enlarge economic opportunities for the blind and to stimulate
them to greater efforts in striving to make themselves self-supporting -- will be furthered by
establishing vending stands throughout the City that are operated by blind licensees of the
Commission for the Blind and allowing the Commission a preference in the future
establishment and operation of vending stands on City property.
The City has in the past and will continue to cooperate with the Commission to survey City
property and identify suitable locations for the operation of vending stands by blind persons,
to issue permits for the operation of vending stands by blind persons, and to cooperate in the
installation of vending stands.
The City shall provide appropriate vending space and utility services for the operation of
vending stands at no cost to the Commission or to the blind licensees.
In addition, in the future selection of vending stand operators for City facilities, the City will
give blind persons licensed by the Commission a preference, if available and capable of
serving as operators at such locations.
The City acknowledges the good work of the Commission and its licensees and shall
cooperate with the Commission to the greatest possible extent.
                        ______________________________
                        Martin J. Chávez
                        Mayor


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                             September 18, 2004
                        EXECUTIVE INSTRUCTION NO. 17


SUBJECT: Community Service Referrals
Any community service referrals that the City of Albuquerque receives for Metropolitan
Courts must be directed to the Anti-Litter Initiative in the Solid Waste Department. The Anti-
litter Team of the Anti-Litter Initiative in the Solid Waste Department shall be the
clearinghouse for all community service referrals.
Martin J. Chávez
Mayor


                               July 15, 2005
                       EXECUTIVE INSTRUCTION NO. 18


SUBJECT: Prohibiting Smoking in the Rio Grande Valley State Park.
PURPOSE:
This Executive Instruction governs smoking in the Rio Grande Valley State Park. The
potential severity of a catastrophic wildfire in the Rio Grande Valley State Park, which
includes the bosque, and the resulting endangerment of life and property due to fire in the
bosque is due in part to the improper disposal of lit tobacco products. Due to the size of the
bosque, it is difficult to monitor and control proper use of burning tobacco products by those
people present in the Park. As a result all smoking shall be prohibited in the Park.
DEFINITIONS:
"Rio Grande Valley State Park" means the park area established in the Rio Grande Valley
State Park Act, has its boundaries defined in Section 16-4-12 NMSA 1978 and is under the
management of the City of Albuquerque pursuant to the Rio Grande Valley State Park Act.
"Smoke or Smoking" means inhaling, exhaling, or burning any lighted cigar, cigarette, pipe or
other combustible tobacco product.
PROHIBITION:
No person, including but not limited to the public and all City employees, shall smoke within
the boundaries of the Rio Grande Valley State Park at any time either inside or outside of any
structure or any type of vehicle. Any person who violates this Executive Instruction shall be
required to leave the Rio Grande Valley State Park. Appropriate "no smoking" signs shall be
posted to alert the public to the requirements of this Executive Instruction.
Martin J. Chavez
Mayor




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                                   Administrative


                          January 5, 2000
            ADMINISTRATIVE INSTRUCTION NO. 1-1 (Revised)


SUBJECT: Signature Authority (General Policy)
Section 5-5-13 R.O.A.1994 provides that the Mayor is authorized to enter into agreements of
any type on behalf of the City and that the Mayor may delegate this signature authority be
executive instruction. Section 5-5-10(D)(1) R.O.A. 1994 also provides that purchases of
professional/technical services of $55,000 or less may be made by negotiation and execution
of a contract signed by the City Purchasing Officer, and processed through the Central
Purchasing Office; or signed by the CIP Official for such contracts processed through CIP.
Executive Instruction No. 2, dated December 1, 1997, provides that the Mayor's signature
authority is delegated to the Chief Administration Officer unless such signature authority is
specifically reserved to the Mayor by statute, ordinance, resolution or regulation.
Executive Instruction No. 2 also provides that the Chief Administrative Officer may delegate
signature authority by administrative directive or instruction. This Administrative Instruction
delegates to designated City officials final signature authority for the execution of written
agreements and certain other types of legal documents. The right of approval of such
documents granted by statute, ordinance, resolution or regulation may differ from the final
signature authority as provided herein. The official with final signature authority should not
execute a document until all such required approvals are obtained. In particular where the
City Council has the right of approval of a contract, it should not be executed until after the
Council approval is obtained. This Administrative Instruction contains references to additional
required approvals but should not be considered an exhaustive listing.
Signature authority for written agreements which bind the City and which are not specifically
delegated in this Administrative Instruction, or by separate instruction, directive or other
document, is reserved to the Chief Administrative Officer.
All contracts or agreements prepared by the City requiring the approval of the Mayor, the
Chief Administrative Officer or the City Council shall contain a paragraph, the substance of
which provides that the contract or agreement shall not be binding upon the City until
approved by the highest of these approval authorities.
Unless a different rule is specified in this Administrative Instruction or in another directive of
the Chief Administrative Officer, signature authority delegated herein may be further
delegated in writing as follows:

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               1.     For a short period (thirty (30) days or less), to another City employee of
               equal rank or an immediate subordinate by the individual to whom authority is
               delegated in this Administrative Instruction; or
               2.     For a longer or indefinite period, to any City employee approved by the
               Chief Administrative Officer.
The Purchasing Officer and Capital Improvement Program Official may also delegate the
signature authority granted to them by the Public Purchases Ordinance by written directive.
Said signature authority may be delegated:
       1.      For a short period (thirty (30) days or less) to an immediate subordinate.
       2.      For a longer or indefinite period, to an employee of equal or greater rank.
An individual to whom signature authority is delegated as provided above is not authorized to
delegate that authority to another individual.
If Department names or officials' titles are changed after the effective date of this
Administrative Instruction, the authority delegated herein shall fall to the successors to such
officials. If it is not clear to whom the authority falls, the Chief Administrative Officer shall
specify the official who has the signature authority.
Unless otherwise specifically delegated to another City official by statute, ordnance,
resolution, regulation, directive or instruction, final signature authority for the City is
delegated to the following officials listed below for the types of contracts and under the
circumstances indicated:
A.      Contracts for Professional/Technical Services
               1.    For design professional (architect, engineer and landscape architect)
               agreements (§ 14-7-2-1, et seq. R.O.A. 1994) where the contract amount is:
                              a.     $55,000 or less - Director responsible for the Selection
                       Advisory Committee ("SAC") function, Director of User Department
                       and CIP Official.
                               b.      More than $55,000 - CAO
                      (Where contract amount is more than $25,000 approval by Council is
               required as provided in §14-7-2-6 R.O.A.1994)
               2.      For legal services contracts where the contract amount is:
                       a.      $55,000 or less - City Attorney and Purchasing Officer
                       b.      More than $55,000 - CAO
                       (Where the contract amount exceeds $55,000 or is expected, at the time
               of contracting, to exceed $55,000; where a supplement to the contract causes
               the contract to exceed $55,000; or where the total amount of all contracts with
               a single business exceeds $75,000 for the fiscal year, approval by Council is
               required. (§5-5-19(A)(3)(b) R.O.A. 1994)

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              3.    For all other professional/technical services contracts where contract
              amount is:
                      a.      $55,000 or less - Department Director and Purchasing Officer
                      b.      More than $55,000 - CAO
                     (Where contract amount exceeds $55,000; where a supplement to the
              contract to exceed $55,000; or where the total amount of all contracts with a
              single business exceeds $75,000 for the fiscal year, approval by Council is
              required (§5-5-19(A)(3)(c), (d) & (e) R.O.A. 1994)
              4.     Review and approval by Legal Department and by Purchasing or CIP is
              required of all professional/technical contracts.
B.     Concession Contracts and Revenue-Producing Contracts
              1.     Concession contracts are contracts which allow the use of City property
              for sale of goods, services, advertising, etc. to generate a profit for the
              Contractor and to provide revenues to the City. For purposes of this
              Administrative Instruction such a contract for a term of six months or less shall
              be considered a short term concession contract.
              2.     For short term concession contracts where estimated revenues to the
              City over a 12 month period are:
                      a.      $25,000 or less - Department Director
                      b.      More than $25,000 -CAO
                     (Where estimated revenues to the City over a 12 month period are more
              than $55,000 approval by Council is required. (§5-5-19(A)(4) R.O.A. 1994)
              3.     For long term concession contracts, the signature authority for Real
              Property Agreements (established below) applies.
              4.    For contracts for the loan of City-owned exhibits where estimated or
              known revenues to the City are:
                      a.      $25,000 or less - Department Director
                      b.      More than $25,000 - CAO
              5.      For all other revenue-producing contracts (excludes real property and
              grant agreements covered below) where estimated or known revenues to the
              City are:
                      a.      $25,000 or less - Department Director
                      b.      More than $25,000 - CAO
              6.     Review and approval by the Legal Department and by Purchasing is
              required of all concession and revenue-producing contracts.

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C.     Real Property Agreements
              1.    For leases of City-owned property (income generating) §5-2-4 R.O.A.
              1994:
                             a.    Where the term is longer than two (2) years or the rent is
                      more than $500/month -CAW
                             b.     For leases other than those described in Section C.1.a
                      above - Department Director
                     (Leases of City-owned property where the term is longer than two (2)
              years or the term is longer than one (1) month and rent is more than
              $500/month require approval by Council.)
              2.     For leases of private or non-City-owned property to the City (§5-2-6
              R.O.A. 1994) (Does not include construction and utility easements):
                             a.      Where the term is longer than six (6) months or the rent
                      is more than $500/month -CAO
                             b.      For any leases of non-City-owned property other than
                      those described in Section C.2.a. above - Department Director
                     (Leases of non-City-owned property where the term is longer than six
              (6) months and the rent is more than $500/month require approval by Council.)
              3.      For contracts for the sale of City property (§5-2-1 R.O.A. 1994) - CAO
                     (Certain contracts for the disposal of City property over $50,000 require
              submittal to Council at the first regularly scheduled meeting after execution.)
              4.     For contracts for the purchase of real property (§5-2-5 R.O.A. 1994),
              excluding contracts listed in Section C.6 below, where the purchase amount is:
              .
                            a.     $50,000 or less - Director supervising the Property
                      Manager and applicable Department Director
                             b.    More than $50,000 - CAO, Director supervising the
                      Property Manager and applicable Department Director
                     (Contracts for the purchase of real property over $50,000 require
              approval by Council unless funds have been appropriated specifically or
              generally for the purchase.)
              5.      For all written contracts for the purchase or sale, including lease, of
              water rights - CAO
                     (Consult Council Resolutions and State Statutes to determine if Council
              approval is required.)



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              6.      For miscellaneous real property documents:
                              a.     encroachment agreements, licenses, easements and
                      similar permits on City-owned property (excludes short term
                      concession contracts or leases of City-owned property described above
                      in Section C.1.), and encroachment agreements, licenses, easements and
                      similar permits for non- City-owned property to the City (excludes
                      private development agreements described in Section D.4. below) -
                      Applicable Department Director and Director supervising the Property
                      Manager.
                             b.      right-of-way acquisition agreements (which do not
                      involve the purchase of real property) - Applicable Department Director
                      and Director supervising the Property Manager.
                             c.      vacation of public rights-of-way and easements - CAO
                      following action by the Development Review Board (§14-14-7-1 et seq.
                      R.O.A. 1994).
                             d.    releases of real property liens - Director supervising the
                      Property Manger.
                               e.     plats of City property - CAO
                             f.     all agreements pertaining to the real property
                      administered pursuant to the Open Space Trust Fund and Land
                      Administration Ordinance (§4-2-3-1 et seq. R.O.A. 1994) - CAO
              7.      For quitclaim deeds and special warranty deeds - CAO
              8.     Review and approval by Legal Department, by Purchasing or CIP and
              the Property Manager is required of all real property agreements.
D.     Construction and Related Agreements
                              See Administrative Instruction 1-1-A
E.     Intergovernmental Agreements
              1.      All Joint Powers Agreements - CAO 2. For grant agreements with
              governmental agencies (§2-11-16 R.O.A. 1994), where the amount granted to
              the City is:
                      a.       $55,000 or less - Department Director
                      b.       More than $55,000 - CAO
                     (All applications or proposals for federal grants require Council
              approval, with three exceptions, see §2-11-16 R.O.A. 1994)
              3.     For all other agreements with governmental agencies, including but not
              limited to, memoranda of understanding (MOU's), cooperative agreements,

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              revenue-producing agreements, service agreements and professional/technical
              agreements where the amount of the contract, if any, is:
                      a.      $55,000 or less - Department Director and Purchasing Officer
                      b.      More than $55,000 - CAO
              4.     Review and approval by Legal Department and Purchasing or CIP is
              required of all intergovernmental agreements.
F.     Social Services Agreements
              1.      For all social services agreements, as defined in §5-5-3 R.O.A 1994:
                      a.      $55,000 or less - Department Director and Purchasing Officer
                      b.      More than $55,000 - CAO
G.     Miscellaneous Written Agreements
              1.      For maintenance/software support agreement - Purchasing Officer
              2.     For software licenses and other computer-related agreement -
              Purchasing Officer
              3.      For purchase or lease of equipment/personal property - Purchasing
              Officer
              4.      For animal agreements - Department Director
                      a.      Zoo animal agreements - Zoo Director
                      b.      Police animal agreements - Police Chief
              5.     For ambulance services and other emergency rescue services (§5-5-19
              R.O.A. 1994) - CAO
                      (Contracts for ambulance services and other emergency rescue services
              require Council approval.)
              6.  For One Percent for Art Agreements (§10-5-1 et seq. R.O.A. 1994) -
              CAO
                     (One Percent for Art Agreements may require Council approval as
              determined by the Ordinances applicable to the type of contract.)
              7.     For Urban Enhancement Trust Fund Agreements (§4-2-1-1 et seq.
              R.O.A. 1994) which are:
                              a.     capital projects (§4-2-1-3(A)(1)(a) R.O.A. 1994) - The
                      rules for construction (Section D.1. and 2.) and design professional
                      contracts (A.1.) above must be followed, as applicable.
                              b.     other projects (§4-2-1-3(A)(1)(b) R.O.A. 1994) - The

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                       rules of this Administrative Instruction applicable to the type of
                       contract shall apply. If for professional/technical services:
                               1)      $55,000 or less - Department Director, if applicable and
               CIP Official
                               2)     More than $55,000 - CAO
                      (Urban Enhancement Trust Fund Agreements may require Council
               approval as determined by the Ordinances applicable to the type of contract.)
               8.     For contracts where the City incurs an expense for the use/loan of non-
               City exhibits where the contract amount is:
                       a.      $55,000 or less - Department Director and Purchasing Officer
                       b.      More than $55,000 - CAO
               9.     For the purchase of insurance or the issuance of certificates of self-
               insurance - Risk Manager
               10.    For non-monetary or small amount ($500 or less) agreements and
               permits issued by a department on a regular basis - Department Director
               11.    For agreements resolving any air quality action initiated by the
               Environmental Health Department - Department Director or Deputy Director.
               Note: This Administrative Instruction does not supersede the "Delegation of
               Signature Authority to the Albuquerque Environmental Health Department
               Director" signed by the CAO March 6, 1998.
               12.    Review and approval by Legal Department and by Purchasing or CIP is
               required of all miscellaneous written agreements.
Unless a specific exception is provided herein, this Administrative Instruction supersedes any
and all prior Administrative Instructions or directives relating to signature authority including,
but not limited to Administrative Instruction No. 1-1, dated May 25, 1999, which is hereby
rescinded in its entirety, and Chapter 3, Article 18 of the Chief Administrative Officer's 1983
Policies and Procedures Manual (Revised 12/86), which is revised consistent with this
Administrative Instruction.
This Administrative Instruction is effective for all agreements and documents prepared on or
after the approval date indicated below.
Lawrence Rael
Chief Administrative Officer
Date: 1/5/00




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July 18, 2003 ADMINISTRATIVE INSTRUCTION NO. 1-1-A (Amended
                          07-18-03)


              SUBJECT: Signature Authority (General Policy)
Administrative Instruction No. 1-1 (revised January 5, 2000) is hereby amended to delete
Paragraph D. in its entirety, and replace it with the following:
D.     Construction and Related Agreements
                              See Administrative Instruction 1-1-A
       1.     For construction contracts where contract amount is:
                             a.     $1,000,000 or less – Public Works Director or Municipal
                     Development Director (if the CAO has signed the Notice of Award)
                               b.     More than $1,000,000 – CAO
              2.     For change orders to construction contracts where the change to the
              contract amount is:
                            a.     $50,000 or less – Public Works Director or Municipal
                      Development director, User Department Director, CIP Official
                               b.     More than $50,000 – CAO
              3.     For special assessment district (improvement district) contracts and
              change orders. The rules for construction (Section D.1 and 2) and design
              professional contract (A.1) above apply.
              4.     For private development agreements and related documents (listed
              below) – Public Works Director or City Engineer.
                              a.     Subdivision improvement agreements, including but not
                      limited to Procedures A, B and C agreements
                               b.     Easements or non-city property
                               c.     Encroachment agreements
                               d.     Sidewalk variance agreements
                               e.     Drainage covenants
                               f.     Licenses revocable permits
                               g.     Special permit agreements
              (Additional signatures and approvals and procedures applicable to private

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               development agreements and related documents are set out in the Development
               Process Manual.)
        5.     Review and approval by Legal Department and by CIP is required of all
construction and related agreements.
Unless a specific exception is provided herein, this Administrative Instruction supersedes any
and all prior Administrative Instruction or directives relating to signature authority including,
but not limited to Administrative Instruction No. 1-1 revised January 5, 2000, paragraph D. of
which is hereby rescinded in its entirety, and Chapter 3, Article 18 of the Chief Administrative
Officer's 1983 Policies and Procedures Manual (revised 12/86), which is revised consistent
with this Administrative Instruction.
This Administrative Instruction is effective for all agreements and documents prepared on or
after the approval date indicated below.
                       ________________________________________
                       Jay J. Czar, Chief Administrative Officer       Date




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 1-2


SUBJECT: Posting of Signs, Notices, and Flyers
The official policy of the City of Albuquerque concerning the posting of signs, notices, flyers,
etc., in the lobby areas of all floors of the Albuquerque/Bernalillo County Government Center
is as follows:
         Only Official notices of City and County Governments may be posted.
       All such notices must be approved by the Office of the Mayor/CAO before posting.
       Approved notices will be assigned an approval number and may then be posted.
       Notices not associated with official business of the city or county will not be approved.
       Announcements for private businesses, benefits, parties, graduations, political
       elections, celebrations, etc., will not be approved.
       When approved, notices must be posted by the individual requesting the approval and
       will not be done by the Building Maintenance personnel.
       Notices must be posted with an invisible scotch-type tape. Other items such as nails,
       staples, tacks, masking tape, glue, etc., may not be used for the posting.
       Approved notices may be posted no more than seven (7) days prior to the event. With
       special approval from the CAO or his designee, notices may be posted for more than
       seven (7) days. Upon conclusion of the event, notices must be removed.
       Notices not bearing an approval from the Mayor/CAO's Office will be removed by
       Building Maintenance personnel.
Arthur A. Blumenfeld
Chief Administrative Officer




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 1-3


SUBJECT: Litigation Review, Settlement Approval, Legal Defense
         Contracts and Expenses, Legal Opinion Requests, Defense of
         City Employees, and Witness Fees
PURPOSE OF ADMINISTRATIVE INSTRUCTION
The purposes of the Administrative Instruction are: 1) to provide procedures for litigation
review and settlement approval for all claims or actions brought by or against the City of
Albuquerque which are not subject to the review and approval of the Risk Management
Review Board; 2) to specify the procedure for approval and payment of legal expenses; 3) to
specify the procedure for requesting legal opinions; 4) to establish procedures for the defense
of City employees in litigation; and 5) to establish procedures for handling subpoenas and
witness fees to City employees.
I.      Litigation Review Board Created
       There is hereby created the Litigation Review Board which shall be composed of three
       members: one member appointed by the Chief Administrative Officer or a person
       designated by the CAO; the City Attorney or a person designated by the City
       Attorney; and the director of the department to which the settlement will be charged or
       allocated or a person designated by such director. The Legal Department shall provide
       any necessary support services to the Litigation Review Board. The Litigation Review
       Board shall be responsible for assuring the most beneficial resolution of all losses and
       claims, except those claims set forth below, in the best interests of the City, consistent
       with the provisions of the New Mexico Constitution, state law and City ordinances.
       This Administrative Instruction shall not be applicable to workmen's compensation
       cases, tort claims, civil rights actions, property and casualty claims, surety bond
       claims, foreclosures and collections by or against the City.
       A.      Duties of the Litigation Review Board
               Upon request of the City Attorney, the Litigation Review Board shall meet to
               review and approve or disapprove the handling, payment and disposition of all
               cases or controversies which are not subject to the review and approval of the
               Risk Management Review Board when the
               amount in actual controversy exceeds $50,000, including, but not limited to:
               claims arising out of the capital improvement program of the City;
               condemnation actions or inverse condemnation actions; breach of contract
               cases by or against the City; and all other cases or controversies involving
               property owned by the City of Albuquerque.
       B.      Approval of the Chief Administrative Officer

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              No settlement of any case or controversy shall be final without the prior written
              approval of the Chief Administrative Officer if such settlement:
              1.      Exceeds $10,000 but is less than $50,000. The City Attorney may
                      approve any settlement not exceeding $10,000, provided that if the
                      claim or controversy exceeds $2,500, the "client" department
                      (department to which the settlement will be charged or allocated) shall
                      be consulted prior to any approval of the settlement. If the client
                      department objects to the settlement, the settlement may be submitted
                      to the Chief Administrative Officer for his approval. No settlement
                      offer exceeding $1,000 shall be approved by the City Attorney unless
                      the client department has completed a written report setting forth the
                      nature of the controversy; or
              2.      May result in the entry of an order or writ which either prohibits a City
                      officer or employee from performing some act or which orders a City
                      officer or employee to perform some act.
II.    Approval and Payment of Legal Expenses
       A.     Approval of Contracts and Agreements for Consultants, Appraisers and Expert
              Witnesses
              The City Attorney may enter into written contracts or letter agreements for
              expert witnesses or consultants, including accountants and appraisers to be
              retained by the City in conjunction with any litigated matter, in accordance
              with the Public Purchases Ordinance and other applicable ordinances or
              policies.
       B.     Payment of Legal Expenses and Costs in Connection with Cases or
              Controversies Involving the City
              All legal expenses and costs shall be paid as follows:
              1.      Upon submission by the City Attorney, or by the client department if
                      the case is related to the acquisition of property or right of way and is
                      financed by bonds or other capital improvement funds;
              2.      Except as provided in 1 above, if the City is the Plaintiff in such action,
                      the legal expenses and costs shall be paid by the client department with
                      the prior approval of the department director and charged to its
                      designated fund appropriation;
              3.      All legal expenses and costs pertaining to workmen's compensation
                      cases, tort claims, civil rights actions, property and casualty claims, and
                      surety bond claims by or against the City shall be paid from the Risk
                      Management Fund as provided in the Risk Management Manual;
              4.      All legal expenses and costs not set forth in 1, 2 or 3 above, including
                      expenses related to administrative hearings, shall be paid by the client


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                      department.
III. Legal Opinions
       Formal written legal opinions by the City Attorney's Office may be requested by
       "clients," who shall be the Mayor, Chief Administrative Officer (CAO), department
       directors, agency heads, City Councillors and chairpersons of city boards,
       commissions, and committees, acting in their official capacity. Members of city
       boards, commissions, and committees shall not be considered "clients" for these
       purposes. Such opinion requests shall be made in accordance with the following
       procedures:
       A.     Pre-opinion Conference. Prior to the submission of a request for a formal legal
              opinion, the requesting client and/or the client's representatives shall meet with
              the assigned attorney in order to discuss the matter and to explore the facts and
              circumstances to determine if a formal legal opinion is necessary, and if so, to
              properly formulate the questions to be included in the request.
       B.     The question or questions must then be submitted in written form by the client
              to the City Attorney.
       C.     A formal legal opinion will be issued in writing and be approved by the City
              Attorney. A copy will be provided to the client and to the CAO, unless the
              client is a City Councillor. The City Attorney's office will maintain copies of
              all formal legal opinions, which will be considered confidential and privileged
              communications unless released by the client.
       D.     Requests for legal opinions from a City Councillor shall be made in writing to
              the City Attorney and such opinions shall be considered confidential and
              privileged unless released by the client councillor.
IV.     Defense of City Employees Involved in Litigation
       A.     In the event any City employee or official has taken action which may result in
              a lawsuit as a result of and in the course of his/her employment:
                              1.     The matter is to be immediately reported by the person
                      and his/her supervisor to the Risk Management Department.
                            2.      An immediate investigation of the incident will be made
                      by Risk Management to determine liability on the part of the City
                      employee or the City or both.
      B.      If the liability on the part of the employee or official arises out of the
employee's duties:
              1.       The City of Albuquerque will defend the City employee or official and
                       pay for any judgment obtained against the employee, pursuant to the
                       Tort Claims Act.
              2.      However, if it is shown that the employee or official acted fraudulently
                      or with actual intentional malice in causing the liability, the City is

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                      entitled to recover from the employee or official the cost of providing
                      the defense, plus the amount of any judgment or settlement paid.
        C.     In specific situations, the employee may be defended by third parties, such as
               insurance carriers, without consent of or participation of the City.
V.      Subpoena of City Personnel for Court Hearings
        A.     Employees who are served with a subpoena must accept the subpoena whether
               or not they are given a check for their appearance.
               1.     If the subpoena is delivered without a check, the employee must ask for
                      a check. If the person who delivers the subpoena does not have a
                      check, the employee must notify his/her supervisor, whose
                      responsibility it will be to assure that a check is ultimately received.
               2.     The person who subpoenaed the employee must arrange for delivery of
                      a witness fee check, or the court may require that it be done. The
                      employee must appear in response to the subpoena whether or not a
                      check is received.
               3.     The check should be in the amount provided by statute for witness
fees.
This amount is presently $75 per day in state courts as set forth in §§10-8-4 and 38-6-4,
N.M.S.A. 1978, and $40 per day in federal courts as set forth in 28 U.S.C. Section 1821. The
witness fee should include mileage fees for testimony in courts not located in Albuquerque.
The mileage fee is $.25 per mile for state courts and $.25 per mile for federal courts. Witness
fees are subject to change by the Legislature.
        B.     Disposition of the payment
               1.     If the substance of the testimony concerns the employee's functions as
                      an employee of the City, the employee is expected to endorse the check
                      to the City to return the check to his department director and utilize
                      City time for such testimony. At the option of the department director,
                      the employee may take vacation leave for the testimony in lieu of
                      returning the check to the City.
               2.     If the substance of the testimony is unrelated to the employee's
                      functions as an employee of the City, or if such testimony is required
                      on a day the employee would not otherwise be expected to work for the
                      City, such check may be retained by the employee with no further
                      reimbursement due from the City.
Arthur A. Blumenfeld
Chief Administrative Officer




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 1-4


SUBJECT: Risk Management Claims Review Board
In accordance with Article XV, Chapter 1, of the Revised Ordinance, there is hereby created a
Risk Management Claims Review Board whose scope shall be to review claims relating to
Workers‟ Compensation, torts, civil rights, property, casualty, surety, and breach of contract.
The membership of the Risk Management Claims Review Board shall consist of the
following:
1.     The City Attorney (or designated representative);
2.     The Director of Finance and Management (or designated representative);
3.     The Chief Administrative Officer (or designated representative);
4.     The Director of Personnel (or designated representative);
5.     A department head appointed by the Chief Administrative Officer (or designated
       representative);
6.     A representative of Risk Management, shall be a non-voting member; and
7.     A member of the staff of the City Council designated by the President of the City
       Council, who shall be a non-voting member.
The Risk Management Claims Review Board shall review claims and problems within the
City of Albuquerque as more fully set in the Risk Management Manual.
This instruction is effective immediately.
Arthur A. Blumenfeld
Chief Administrative Officer




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                           March 9, 2005
            ADMINISTRATIVE INSTRUCTION NO. 1-5 (Revised)


SUBJECT: Records Retention and Disposition Committee
Except as otherwise required by federal or state law or regulation or by contract, the retention
periods for general records common to and maintained by all City departments, agencies and
offices shall be as listed in the Retention and Disposition Schedules for General
Administrative, Finance and Personnel Records as approved by the Records Analysis and
Disposal Committee.

The Records Analysis and Disposal Committee is established to analyze the current individual
department records retention schedules to insure compliance with State and Federal
regulations, to determine whether modification is necessary and to recommend changes. The
committee shall not have rule making authority and shall be considered a task force for
purposes of Section 2-6-1-5 ROA 1994. The Committee shall have an annual general meeting
and shall meet throughout the year to consider changes and additions to the retention
schedule. City agencies requesting changes or additions to the retention schedule shall meet
with the Committee to present and discuss proposed additions or changes to the retention
schedule. The Committee shall make its recommendations on proposed additions and changes
to the Mayor.

The Committee membership shall be the City Clerk, as chair, an assistant City Clerk
appointed by the City Clerk, and a management level member and alternate member from the
following departments: Municipal Development, Finance and Administrative Services,
Information Systems Division, Environmental Health, Albuquerque Police Department, Fire
Department, Aviation and Human Resources. Department members and their alternates shall
be appointed by their Department Director.

The records retention schedule approved by the Records Analysis and Disposal Committee
shall be developed so as to meet the specific minimum bookkeeping, auditing, legal and
historical needs of the City.


                              __________________________
                              James B. Lewis               Date
                              Chief Administrative Officer




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                       December 28, 2004
      ADMINISTRATIVE INSTRUCTION NO. 1-6 (Revised 12/28/04)


SUBJECT: Objectives, Duties, and Responsibilities of the Office of
         Internal Audit and Investigations
The Office of Internal Audit and Investigations was established by City Ordinance the
Accountability in Government Ordinance.

The independent Office of Internal Audit and Investigations assists the City Council, the
Mayor and the Chief Administrative Officer in performing their oversight responsibilities for
City functions and activities by conducting audits to assure accountability, management
studies to improve integrity, and investigations to deter waste, fraud and mismanagement.

All officials, employees, vendors and contractors of the City shall timely furnish the Office of
Internal Audit and Investigations with requested information and records in their custody
regarding City activities. In addition, they shall provide access for the Office of Internal
Audit and Investigations to inspect all property, equipment and facilities in their custody.

City employees and officials shall promptly notify the Office of Internal Audit and
Investigations of known or suspected instances of theft or other disappearance of cash, checks
or property, of misfeasance or nonfeasance, defalcations and non-compliance with laws and
City regulations.

The Office of Internal Audit and Investigations shall adhere to professional standards in
conducting its work and will be considered independent as defined by those standards.



       __________________________
       James B. Lewis, Chief Administrative Officer          Date




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                             May 7, 2002
             ADMINISTRATIVE INSTRUCTION NO. 1-7 (Revised)


SUBJECT: Inspection of Public Records Act Regulations
Section 1.     Scope.
These regulations prescribe procedures for making City records available to the public for
inspection and copying pursuant to the provisions of the Inspection of Public Records Act
(Section 14-2-1 et seq., NMSA 1978, hereinafter the "Act"), and provide notice of procedures
for obtaining City records otherwise publicly available. These regulations do not affect the
dissemination or distribution of City originated, or City contractor-originated, information to
the public under any other City public, technical, or other information program or policy.
Section 2.     Definitions.
"City records" or "records" are all documents, papers, letters, books, maps, tapes,
photographs, recordings and other materials, regardless of physical form or characteristics,
that are used, created, received, maintained or held by or on behalf of the City and that relate
to City business, whether or not the records are required by law to be created or maintained.
City records do not include records such as:
        (1)     Publicly available books, periodicals, or other publications that are owned or
copyrighted by non-City sources; or
        (2)     Personal records in possession of City employees that have not been circulated,
were not required to be created or retained by the City, and can be retained or discarded at the
author s sole discretion, or records of a personal nature that are not associated with any
government business; or
        (3)     Non-substantive and/or uncirculated, except for typing and recording purposes,
information in logs or schedule books of City officers or employees; or
        (4)     All records that are exempt, as provided in Section 5, herein.
"Unusual circumstances" mean--
        (1)     The need to search for and collect the requested records from field facilities or
other establishments that are separate from the office processing the request;
        (2)     The need to search for, collect, and appropriately examine a voluminous
amount of separate and distinct records which are demanded in a single request; or
        (3)     The need for consultation with one or more City departments having a
substantial interest in the determination of the request.
Section 3.      Availability of records.
(1)     Upon request by any person, the City will make available for public inspection and
copying any record described with reasonable particularity in the possession and control of the
City under the provisions of this regulation, and except those that are exempt under Section 5
herein. Requests may be directed either to the City Clerk or to a departmental custodian.
(2)     The requirement that a request describe the records sought with reasonable

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particularity means, for purposes of this regulation, that the records be identified in sufficient
detail to enable City personnel to reasonably identify and locate the records. A request for a
specific category of records shall be regarded as fulfilling this requirement if it enables
responsive records to be identified by an inspection that is not unreasonably burdensome or
disruptive of City operations. All written requests must provide the name, address and
telephone number of the person seeking access to the records. Whenever possible, a request
shall include specific information about each record sought, such as the date, title or name,
author, recipient, and subject matter of the record. In addition, if the request seeks non-exempt
records pertaining to pending litigation, the request should, if possible, indicate the title of the
case, the court in which the case was filed, and the nature or subject matter of the case. If a
City department determines that a request does not describe the records sought with
reasonable particularity, the department shall advise the requestor why the request is
insufficient. The department also shall extend to the requestor an opportunity to confer with
department personnel in order to reformulate the request in a manner that will meet the
requirements of this regulation.
(3)      Persons requesting City records need not state the reason for such request.
Section 4.      Department responsibility.
(1)     The City Clerk, as chief records custodian of City records, shall have primary
responsibility for ensuring compliance with the Act. Each department of the City shall
designate a person, or persons, to be the records custodians) for such departments, who shall
cooperate and coordinate with the chief records custodian to respond to requests to inspect
public records.
(2)     The City Clerk or departmental custodians shall respond to oral requests for non-
exempt City records immediately, if such records are determined to be public records and are
readily available, or as soon as practicable under the circumstances.
(3)     The City Clerk or departmental custodians shall respond to written request for non-
exempt City records immediately, or as soon as practicable under the circumstances, but in no
event later than fifteen (15) days after receipt of such request, unless unusual circumstances
exist, as defined herein. If the City Clerk or departmental custodian believes it will not be
possible to permit inspection within three (3) business days, the custodian shall explain in
writing when the records will be available for inspection or when the City will respond to the
request. The three-day period shall begin when a written request is delivered to the City Clerk
or department by a requestor.
(4)     If a department does not have possession of the records sought, or cannot respond to
the written request without consultation with another department, the departmental custodian
shall promptly forward the request to the appropriate department. Upon forwarding the
request to another department, the custodian shall so notify the requestor in writing and shall
state the reason for the absence of the records sought and the location where the custodian
believes the records may be found.
(5)     If a written request seeks an unusually voluminous amount of documents, is
excessively burdensome or broad, or where other unusual circumstances exist, a custodian
shall notify the requestor in writing within fifteen (15) days of receipt of a request that
additional time will be necessary to respond. The custodian shall then respond to the request
within a reasonable period of time under the circumstances.
Section 5.      Exempt records or information.


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(1)     Upon receiving a request, whether oral or written, a custodian shall first determine
whether any records sought are exempt from disclosure as defined in this section. Where a
request seeks records that contain exempt documents or information, the custodian shall, prior
to the release of the records:
        (a)     Separate out the exempt information and retain exempt documents; or
        (b)     Redact or delete exempt information from documents that are otherwise
nonexempt; or
        (c)     Where a request seeks information from a computer database, which cannot
practically be released in its entirety or which contains confidential or exempt information, the
custodian may release a partial printout of the database.
(2)     The following records and/or information are exempt, and shall not be released:
        (a)     All health or medical information that identifies specific individuals or
patients, including medical records pertaining to physical or mental examinations or
treatment, and including records that are submitted for insurance payment for medical
expenses.
        (b)     Letters of reference concerning employment, licensing or permits.
        (c)     Records containing subjective (nonfactual) matters of opinion in personnel
files.
        (d)     Law enforcement records that reveal confidential sources, methods,
information or identify individuals who are accused but not charged with a crime, provided
that such identifying information is necessary to protect criminal investigative material, such
as confidential sources, methods, information or informants, the disclosure of which could
seriously interfere with the effectiveness of an investigation. Such exempt records include
evidence in any form received or compiled in connection with any criminal investigation or
prosecution, including inactive matters or closed investigations to the extent they contain
exempt information.
        (e)     Records that are maintained by the City under a promise of confidentiality, as
provided by the Confidential Materials Act, Section 14-3A-1 to -2, NMSA 1978.
        (f)     Voter information, except for non-exempt voter registration lists and voter data
(limited to name, gender, address, political party affiliation and precinct), and provided that
the requestor provides a written request for such non-exempt data and signs an affidavit
stating that such data will not be used for commercial or unlawful purposes.
        (g)     Records with regard to the ownership or pledge of public securities.
        (h)     Any information concerning the location of archaeological resources, unless a
custodian determines that release of such information will further the purposes of the Cultural
Properties Act (Sections 18-6-1 to 18-6-17), NMSA 1978), as set forth in Section 18-6-2 of
that Act and determines that release will not create a risk or loss or archeological resources.
        (i)     Any information contained in vital records (certificates of birth and deaths),
except as authorized by law.
        (j)     Records and information about recipients of services under the Drug Abuse
Act, Section 26-2-1, et seq., NMSA 1978.
        (k)     All social records concerning prisoners and persons on probation or parole. 1.
Social, medical and psychological records obtained by juvenile probation and parole officers.
        (m)     All records concerning a family in need of court-ordered services, including
social records, diagnostic evaluation, psychiatric or psychological reports, videotapes,
transcripts and audio recordings or a child's statement of abuse or medical reports.


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        (n)     Files and records concerning adoption proceedings. o. Information received
from an insurance company regarding a fire loss investigation.
        (p)     Information concerning annual average net earnings submitted by a business to
obtain relocation assistance payments after being displaced by the acquisition of real property
for a governmental program.
        (q)     The record of any alcoholic or drug-impaired person who voluntarily was
submitted for treatment at an approved public treatment facility.
        (r)     Information obtained in the course of an on-site consultation and any trade-
secret information obtained under the Occupational Health and Safety Act.
        (s)     The filing of an application for a distress merchandise sale, the contents of the
application and issuance of a distress sale license until after public notice of the proposed sale
is given by the applicant.
        (t)     Confidential business information and trade secrets obtained under the Air
Quality Control Act.
        (u)     Legal opinions or advice provided by the City Attorney's Office under
protection of the attorney-client privilege.
        (v)     Trade secrets that relate to the City procurement process, or acquisition of
property, and that have been requested to be kept confidential by any person or business.
        (w)     Any other records that are deemed exempt under federal or state law.
Section 6.      Denial and Referral of Requests
(1)      Except as provided in paragraph (2) of this section, if, as a result of the review of a
request, the custodian finds that disclosure of the City records should be denied in whole or
part, the custodian will submit that finding to the City Attorney, who will make an
independent determination whether the disclosure of the City records should be denied in
whole or in part. If the City Attorney determines that the City records sought are exempt from
disclosure, the City Attorney shall notify the requestor of the determination in the manner
provided in Section 6(3).
(2)      For City records located in the City Attorney's Office, the City Attorney shall make the
initial determination of whether to deny City records in whole or in part instead of the City
Clerk. If the City Attorney determines the City records sought are exempt from disclosure and
their disclosure is contrary to the public interest and will adversely affect the rights of any
person, the City Attorney shall furnish that determination to the Chief Administrative Officer
who shall notify the requestor of the determination in the manner provided in Section 6 (3)
below.
(3)      If a written request has been denied, the custodian shall provide the requestor with a
written explanation of the denial. The written denial shall: a. Describe the records sought. b.
Set forth the names and titles or positions of each person responsible for the denial; and c. Be
delivered or mailed to the person requesting the records within fifteen (15) days after the
request for inspection was received.
(4)      In unusual circumstances where it does not appear possible to complete action on a
request within the maximum fifteen (15) day limit as provided in Section 4, the City Clerk
may seek and agreement with the requestor for a specified extension of time in which to act
upon the request. The City shall confirm the agreement for an extension of time in writing.
Section 7.       Copying Fees
Custodian of City records may charge reasonable copying fees. Limited to the actual costs of


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copying, not in excess of $.50 per page, and may require advance payment of fees before
making copies, and shall provide a receipt upon request. A custodian may not charge a fee for
the cost of determining whether any public record is subject to disclosure.
Section 8.      Retention Schedules
Records shall be retained in accordance with the schedules set forth in the City of
Albuquerque Records Management Manual.
This Administrative Instruction supersedes any and all prior Administrative Instructions or
directives relating to Inspection of Public Records Act and is effective on the approval date
indicated below.
Jay J. Czar
Chief Administrative Officer
Date: 5/7/02




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                         November 21, 2000
            ADMINISTRATIVE INSTRUCTION NO. 1-8 (Revised)


SUBJECT: Acceptance of Lawsuits and Subpoenas
The City, its employees, and its officials are frequently asked to accept service of lawsuits and
subpoenas relating to City business. "Service" occurs when a summons and complaint or
subpoena are delivered to the City, its employees or officials. Service of legal documents
creates a legal duty to respond and, therefore, these procedures should be carefully followed.
Summons and Complaint
1.     The City Clerk is the City of Albuquerque's agent authorized to accept the service of a
       summons and complaint for: City of Albuquerque, Mayor, Chief Administrative
       Officer, City Councilors, and City Departments. The City Clerk will accept a
       summons and complaint addressed to the Mayor, Chief Administrative Officer or City
       Councilor if it is received by mail. The City Clerk will not accept a summons and
       complaint to the City if it is by mail. The City Clerk shall not accept service of a
       summons and complaint addressed to anyone else.
2.     Summons and complaint addressed to a City employee or official, not covered in
       paragraph 1, should only be accepted by the employee or official named in the
       summons. Employees or officials may get served at work, at home, by mail, or by
       posting at their home. The named employee or official shall immediately give a copy
       of the legal documents to their Department Director's office or the Mayor's office. The
       Department or the Mayor's office shall immediately deliver the legal documents to the
       City Attorney's office.
3.     The City Attorney may accept service as provided by law.
Subpoenas
1.     Subpoenas must be personally served on the individual named in the subpoenas with
       only two exceptions; The City Clerk or Deputy City Clerks may accept service of
       subpoenas directed to the Mayor or Chief Administrative Officer. City employees may
       accept service only of those subpoenas which are issued in their name.
2.     If the subpoena is served on the individual City employee named in the subpoena, the
       employee shall accept service and determine if a witness fee in the correct amount is
       attached to the subpoena. Currently, the correct amount of the witness fee is $75.00
       for cases in state courts and $40.00 for cases in federal courts. If the response to the
       subpoena will be accomplished through appearance on City time, the employee is to
       immediately turn the witness fee over to his or her department finance officer. If the
       appearance will be done on the employee's personal time, the employee may keep the
       witness fee.

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3.     If the correct witness fee is missing, the employee named in the subpoena shall accept
       service, make a written note to his or her supervisor that the fee is missing and make
       an oral demand for the correct witness fee.
4.     Following acceptance of a subpoena, the employee is to immediately contact the City
       Attorney's office. The City Attorney's office will instruct the employee on how to
       handle the subpoena.
Writs of Garnishment
1.     The Payroll Division of the Department of Finance and Administrative Services shall
       accept service of all writs of garnishment. No other person or department shall accept
       service of writs of garnishment.
Lawrence Rael
Chief Administrative Officer
Date: 11/21/00




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                            June 10, 1998
                 ADMINISTRATIVE INSTRUCTION NO. 1-9-1


SUBJECT: Litigation Defense of Members of Informal Councils,
         Committees and Task Forces
        In order to obtain and maintain the best assistance and involvement by the
Albuquerque citizenry in City government, the City Attorney shall provide a defense for
members of informal City task forces, review committees, advisory councils, or other
informal committees established to assist the City in various subjects and studies. This policy
applies to those informal committees not created by City Council and covered by the
indemnification ordinance. The City will provide a defense when liability is sought for
actions alleged to have been committed by the member while acting within the scope of the
member's duties, responsibilities and service to the committee. At the time of providing such
defense, an agreement will be entered into with the member that the City will have the right to
recover the amount expended by the City if it is shown that the member acted fraudulently or
with actual intentional malice.
        The Chief Administrative Officer will designate which of the City task forces, review
committees, advisory councils, or other informal committees will be eligible for such a
defense. In order for the Chief Administrative Officer to make these designations, all
department directors are directed to request approval by the Chief Administrative Officer of
all such committees and task forces in service to their department and approval of
indemnification of those committees and task forces. Department directors shall request
approval of creation and indemnification of committees in an ongoing manner as they are
established. Those committees and task forces currently in existence but not approved by the
Chief Administrative Officer shall cease to exist.
Lawrence Rael
Chief Administrative Officer
Date: 6/15/98




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                            February 1, 1999
                  ADMINISTRATIVE INSTRUCTION NO. 1-10


SUBJECT: Authority of Albuquerque Housing Services to Appear and
         Prosecute Actions Pursuant to the Uniform Owner-Resident
         Relations Act
The Metropolitan Court Rules provide that in an action brought pursuant to the provisions of
the Uniform Owner-Resident Act, if the party is a governmental entity, and the appearance is
by an employee of the governmental entity, the employee must be authorized by the entity to
institute or cause to be instituted an action on behalf of the entity. NMRA Rule 3-107B(5).
This Administrative Instruction authorizes Albuquerque Housing Services through its
Manager, Rental Assistance Manager, Supervisors and Tenant Advisors to appear and
prosecute actions brought pursuant to the Uniform Owner-Resident Relations Act.
Lawrence Rael
Chief Administrative Officer
Date: 2/19/99




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                          January 4, 2000
           ADMINISTRATIVE INSTRUCTION NO. 1-11 (Revised)


SUBJECT: Adoption of Procedure for Administration of the Grievance
         Resolution Procedure Established by the Merit System
         Ordinance
Purpose
To adopt procedure for orderly and expeditious administration of the Grievance Resolution
Procedure established by the Merit System Ordinance.
Policy
The City has enacted the Grievance Resolution Procedure of the Merit System Ordinance to
provide a means for reconciling complaints concerning minor disciplinary actions and
working conditions or departmental rules. The purpose of the Grievance Resolution Procedure
is to promote harmonious relations among employees, supervisors and managers; to
encourage the settlement of disagreements informally at the employee-supervisor level; to
provide an orderly procedure to handle grievances through the various supervisory levels
when necessary; to resolve grievances as quickly as possible; and to discourage the filing of
unfounded grievances.
The Grievance Resolution Committee created by the Merit System Ordinance serves in an
advisory capacity to investigate disputes and make a recommendation to the Chief
Administrative Officer on resolving the disputes. The Chief Administrative Officer is the sole
decision maker.
Procedures for Filing and Processing Grievances
A.     General Rules:
             1.       When calculating time limits under this Administrative Instruction the
             date of the act or occurrence that triggers the time limit shall not be included. If
             the last day of the time limit is a weekend or holiday, the following business
             day shall be considered the last day.
              2.     Failure of an employee to comply with the time limits established by
              the Merit System Ordinance shall result in the grievance being dismissed. A
              grievance dismissed for failure to comply with time limits may not be refiled.
              3.     A written grievance shall be deemed submitted on the date it is received
              by the City office where it is filed.
              4.      A written response shall be deemed submitted on the date it is received
              by the employee, if hand delivered, or the date it is placed in the United States
              mail to the employee's last known address. Whenever the City or the employee


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              delivers a paper to the other party which requires a response within a certain
              time period and the paper is delivered by U.S. mail, an additional three (3) days
              shall    be     added      to     the    time    period      for     responding.


              5.      The original Grievance Request Form (attached), which the employee
              fills out to initiate the grievance, will be used throughout the entire grievance
              process. When the form is hand delivered directly to the employee, the form
              will be returned to the employee through the City Clerk's Office.
B.     Step One:
              1.     The employee shall initiate a grievance by filing a request for review
              with the City Employee Mediation Program in the Alternative Dispute
              Resolution (ADR) Office, 4th Floor City/County Building, 768-4500 (FAX
              768-4525).
              2.     The request for review shall be submitted in writing, on the Grievance
              Resolution Form attached as Appendix 1 to this Administrative Instruction.
              3.      The request for review shall be submitted within ten (10) calendar days
              of the date the act being grieved or from the date the employee became aware
              of the action.
              4.     Within seven (7) calendar days of receipt of the request for review, the
              City ADR Coordinator or his/her designee will determine if mediation of the
              dispute is appropriate.
              5.     If the City ADR Coordinator or his/her designee determines that
              mediation of the dispute is not appropriate, the ADR Coordinator shall notify
              the employee in writing, and the employee may proceed to Step Two of the
              Grievance Resolution Procedure.
              6.      If the City ADR Coordinator or his/her designee determines that
              mediation of the dispute is appropriate, the mediation will be held according to
              the guidelines of the City Employee Mediation Program.
              7.     If the mediation process results in a resolution consistent with existing
              City policy and acceptable to all mediation participants, the matter shall be
              deemed concluded.
              8.     If the parties do not resolve the grievance in mediation, the ADR
              Coordinator shall notify the employee in writing, that the employee may
              proceed to Step Two of the Grievance Resolution Procedure.
C.     Step Two:
              1.     The employee shall initiate Step Two of the Grievance Resolution
              Procedure by submitting the grievance to his/her Department Director within
              seven (7) calendar days after the mediation or the decision of the ADR
              Coordinator that mediation is not appropriate.


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              2.     The grievance shall be in writing on the Grievance Request Form,
              attached as Appendix 1 to this Administrative Instruction.
              3.      Either the employee or the Department Director may request a meeting.
              4.    The decision of whether or not to have a meeting between the
              Department Director and the employee shall be at the sole discretion of the
              Department Director.
              5.     Within seven (7) calendar days from the meeting, or, if no meeting is
              held, within seven (7) calendar days of receipt of the grievance, the
              Department Director should respond, in writing to the employee on the original
              Grievance Request Form..
              6.     If the employee is not satisfied with the decision of the Department
              Director, the employee may proceed to Step Three of the Grievance Resolution
              Procedure.
D.     Step Three:
              1.      Within seven (7) calendar days after the Department Director submits
              his/her written response to the employee, the employee shall submit his/her
              Step Three grievance, in writing, to the Office of the City Clerk, which shall be
              responsible for receiving Step Three Grievances on behalf of the Chief
              Administrative Officer.
              2.     The Step Three Grievance shall be submitted on the Grievance Request
              Form attached to this Administrative Instruction as Appendix 1.
              3.     Upon receipt of the grievance, the Office of the City Clerk shall
              forward the written grievance to the Chief Administrative Officer or his/her
              designee who shall determine grievability on behalf of the Chief
              Administrative Officer.
              4.      If the Chief Administrative Officer of his/her designee determines that
              the matter is not grievable, the Chief Administrative Officer shall notify the
              employee in writing, on Part 9 of the original Grievance Request Form, and the
              matter shall be deemed concluded.
              5.      If the Chief Administrative Officer or his/her designee determines that
              the matter is grievable, the Chief Administrative Officer shall convene a
              Grievance Resolution Committee to investigate the dispute and recommend a
              resolution.
Rules and Procedures for the Grievance Resolution Committee
A.     Qualifications of Members of the Grievance Resolution Committee:
              1.      Members of the Grievance Resolution Committee shall be full-time,
              permanent non-probationary employees.
              2.     An individual shall not serve on a Grievance Resolution Committee if
              he/she has received a disciplinary suspension or demotion within the last two

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              (2) years, unless the disciplinary action was overturned by action of a
              Grievance Resolution Committee, the Personnel Board or a court of competent
              jurisdiction.
              3.     An individual shall not serve on a Grievance Resolution Committee for
              any individual employed within his/her own department/division.
              4.     An individual shall not serve on a Grievance Resolution Committee for
              any grievant or respondent to whom the Grievance Resolution Committee
              member is related by blood or by marriage.
              5.     An individual shall not serve on a Grievance Resolution Committee if
              he/she is a member of a bargaining unit which has established an alternative
              process for all grievances subject to the Grievance Resolution Committee
              Process.
              6.      Individuals selected for the Grievance Resolution Committee shall
              receive a minimum of four (4) hours training. All training for the Grievance
              Resolution Committee shall be approved by the Chief Administrative Officer
              or his/her designee.
B.     Selection of Members of the Grievance Resolution Committee
               1.      A pool of twenty-five (25) qualified supervisory and twenty-five (25)
               qualified non-supervisory employees shall be established from a list of
               randomly selected employees. A new pool of qualified employees shall be
               established as often as is determined necessary by the Chief Administrative
               Officer.
              2.    Each Grievance Resolution Committee that is convened shall consist of
              two (2) supervisory and two (2) non-supervisory employees, selected at
              random from the pool of qualified employees.
              3.     Individuals selected to serve on a Grievance Resolution Committee
              shall not be excused from service for any reason, unless the individual is
              employed within the same department/division as the grievant, or the
              individual is related by blood or marriage to the grievant or the respondent.
C.     Grievance Resolution Committee Hearing Procedures
              1.      Upon selection of the Grievance Resolution Committee, the City
              Clerk's Office shall notify the grievant, respondent and committee members of
              the selection.
              2.     The City Clerk's Office shall act as facilitator for the Grievance
              Resolution Committee.
              3.   Within thirty (30) days of selection, the Grievance Resolution
              Committee shall convene a hearing to investigate the matter.
              4.     Within ten (10) working days prior to the investigative hearing, the
              grievant and respondent shall submit any documentation they wish to have


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              considered by the Grievance Resolution Committee to the City Clerk's Office.
              The City Clerk's Office shall be responsible for preparing copies of the
              documentation and providing them to the respective parties and the Grievance
              Resolution Committee members prior to the hearing.
              5.      Within ten (10) working days prior to the investigative hearing, the
              grievant and respondent shall submit a list of any individuals they wish to
              appear before the Grievance Resolution Committee in support of their position.
              The City Clerk's Office shall be responsible for notifying those employees who
              are requested to appear before the Grievance Resolution Committee.
              6.     Grievants and respondents appearing before the Grievance Resolution
              Committee may be accompanied by a representative, but the role of the
              representative is limited to advising the grievant or respondent. A
              representative may not make arguments, question the committee or individuals
              appearing before the committee or make objections to the proceedings.
              7.     The Grievance Resolution Committee may make a decision based on
              the documents submitted, or it may permit the grievant and the respondent to
              make a presentation to the Grievance Resolution Committee. The total time
              allowed for a presentation by a party to the committee shall not exceed one-
              half hour for each party.
              8.     In addition to any presentation made by the grievant and respondent,
              the Grievance Resolution Committee may elect to question individuals who
              have been requested to appear in support of a party's position. A grievant or
              respondent may submit, in writing to the Grievance Resolution Committee,
              questions he/she wishes to have asked, but only the committee members may
              ask questions of any individual. The total time allowed for questioning all
              individuals supporting a party's position shall not exceed one (1) hour for each
              party.
              9.      At the conclusion of the investigative hearing, the Grievance
              Resolution Committee shall deliberate in closed session. Following
              deliberations, the Grievance Resolution Committee shall make a written
              recommendation and forward it to the Chief Administrative Officer.
              10.    The written recommendation shall be submitted within five (5) working
              days of the conclusion of the investigative hearing.
Chief Administrative Officer Review
              1.    The Chief Administrative Officer shall              review   the   written
              recommendation and make a final written resolution.
              2.    The final written resolution shall be forwarded to the employee and the
              Department Director by the Office of the City Clerk.
              3.     The Chief Administrative Officer's decision shall be the final step in the
              Grievance Resolution Process.

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Lawrence Rael
Chief Administrative Officer




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                                  City of Albuquerque
                              GRIEVANCE REQUEST FORM
THE GRIEVANT IS RESPONSIBLE FOR INSURING THAT PARTS 1 THROUGH 6 OF THIS FORM
                              ARE COMPLETED

                                PLEASE PRINT OR TYPE


NAME: _____________________________ SSN:________________________________

HOME PHONE: _____________________ WORK PHONE: _____________________

HOME ADDRESS:
_________________________________________________________________

DEPARTMENT: _____________________ DIVISION: _________________________

POSITION: _________________________ SUPERVISOR'S NAME:_______________

WORK SCHEDULE (DAYS AND SHIFT): ____________________________________

DATE(S) OF INCIDENT(S) OR DISCIPLINARY ACTION: ______________________

REASONING FOR GRIEVANCE:

       DISCIPLINE: ___________ OTHER ______________


1.     Employee completes Part 1 and submits form to the Employee Mediation Program
       (ADR office, 4th Floor City/County Building, 768-4500; Fax 768-4525) within 10
       calendar days of the incident to be grieved.

HAVE YOU RECEIVED A FLYER ABOUT THE MEDIATION PROGRAM?

Yes ______ No ______


WHICH OF THE FOLLOWING MIGHT HELP RESOLVE YOUR GRIEVANCE?

_____ Communicate about workplace issues  _____ Clear up misunderstandings
_____ Confirm job expectations            _____ Clarify workplace policies
_____ Other
________________________________________________________________________



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2.     Employee Mediation Program Completes Part 2 and returns form to employee

DATE RECEIVED BY EMPLOYEE MEDIATION PROGRAM ___________________

WAS GRIEVANCE MEDIATED? YES _______ Date _____________ NO _______

WAS THE GRIEVANCE RESOLVED?       YES _______ NO _______
(IF NO, YOU MAY PROCEED TO THE NEXT STEP IN THE GRIEVANCE RESOLUTION
PROCEDURE.)


ADR SIGNATURE: ____________ DATE RETURNED TO EMPLOYEE: __________



                  PLEASE NOTE: MEDIATION MAY BE REQUESTED
                    AT ANY STEP IN THE GRIEVANCE PROCESS




3.     Employee completes Part 3 and submits form to Department Director within 7
       calendar days of the date the form is returned from ADR

STATEMENT OF PROBLEM: (Please use additional pages, if necessary, and attach to this
form)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
_____________________________________________




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SUGGESTED
SOLUTION:_____________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________


HAVE YOU FILED A PREVIOUS GRIEVANCE ON THIS ISSUE?

NO _________      YES _________
IF YES, LIST DATE(S):

_________________________________________________________________
I would like to grieve the above action(s) under Section 3-1-23 of the Merit System
Ordinance.

____________________________                __________________
Employee Signature                          Date


4.      Department Director completes Part 4 and returns form to employee within 7 calendar
        days of meeting with the employee or receipt of this form if no meeting is held.

DATE GRIEVANCE RECEIVED BY DEPARTMENT DIRECTOR ________________

DEPARTMENT DIRECTOR HELD MEETING? NO _________ YES _________

     DATE _________

WRITTEN RESPONSE OF DIRECTOR: (Please use additional pages, if necessary, and
attach)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
_________________________________________________________________________
SIGNATURE OF DIRECTOR:
____________________________________________________________
DATE DIRECTOR RETURNED TO EMPLOYEE:
____________________________________________



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5.     Employee submits form to the City Clerk within 7 calendar days of receiving the form
from the Director.




6.     City Clerk completes Part 6, CAO's designee reviews for grievability and returns to
       City Clerk; City Clerk returns a copy of form to employee and retains the original.



DATE RECEIVED BY CITY CLERK:

______________________________________________________


DATE GRIEVANCE SUBMITTED TO CAO's DESIGNEE FOR REVIEW: __________


IS GRIEVANCE REVIEWABLE BY COMMITTEE: YES _________                     NO _________



7.     City Clerk completes Part 7 and submits form to Grievance Committee.

DATE COMMITTEE CONVENED:
_______________________________________________________

COMMITTEE MEMBERS:


SUPERVISORS: ___________________________________

       _______________________________


NONSUPERVISORS: _______________________________

       _______________________________

FACILITATOR:
_______________________________________________________________________


8.     Grievance Committee completes Part 8 and returns form to City Clerk.


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RECOMMENDED RESOLUTION:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
_____________________________________________

_____________________________________________
SIGNATURES OF COMMITTEE MEMBERS:

Name: _________________________________________ Date: _________________

Name: _________________________________________ Date: _________________

Name: _________________________________________ Date: _________________

Name: _________________________________________ Date: _________________




9.     City Clerk submits to CAO, CAO completes Part 9 and returns form to City Clerk.

DATE RECEIVED BY CAO: _________________________________________


CAO DECISION:
______________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
________________________________________


CAO SIGNATURE: ____________________________                 DATE __________________



10.    City Clerk completes Part 10 and retains original form in City Clerk's office.



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COPY SENT TO:         EMPLOYEE: ______________________

                      DIRECTOR: ____________________


COPIES SENT BY:
____________________________________________________________________




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                              July 15, 2003
                  ADMINISTRATIVE INSTRUCTION NO. 1-13


SUBJECT: NOTARY PUBLIC ACTS and FEES
Certain Departments of City government have need for a notary public in connection with the
execution of official City documents. To mitigate delays in the prompt handling of these
documents, it is appropriate that those Departments have one or more persons who are
authorized by the State to perform notarial acts.
Effective July 1, 2003, the New Mexico Secretary of State implemented new requirements
with respect to notaries public under the provisions of the Notary Public Act passed by the
2003 New Mexico Legislature. After the effective date of the Act, any application for
appointment or re-appointment as a New Mexico notary public must be accompanied by an
application fee of $20.00. In addition, the application must be accompanied by a bond in the
amount of $10,000.00 executed by a licensed surety for a term of four years commencing on
the commission's effective date and terminating on its expiration date.
The Legal Department will maintain a master list of all notaries public for whom the City
provides the required bond and pays the application fee. Each Department must provide a
letter of justification at least thirty (30) days in advance of the date when an application for
appointment or re-appointment is to be filed. If the Legal Department concurs with the
justification, the Legal Department will make the necessary arrangements for the required
surety bond. Upon receipt from the licensed surety, the bond, application and an E&O policy
naming the City of Albuquerque will be forwarded to the applicant. The applicant will fill out
the application for appointment or re-appointment, obtain the application fee from their
Department and submit: 1) the application form; 2) the application fee; and 3) the surety bond
to the New Mexico Secretary of State. The applicant will retain the E&O policy. Charges for
the surety bond will be charged to the requesting Department.
Persons for whom the City has paid the costs associated with compliance with the Notary
Public Act are encouraged to limit their notarial acts to those rendered on behalf of the City
during their period of employment with the City. Further, such persons are required to
maintain a log of all acts undertaken as a notary public, which log shall be submitted to the
Legal Department for review at the request of the Legal Department.
This policy is effective for the fiscal year beginning July 1, 2003.
                       _________________________________________
                       Jay J. Czar, Chief Administrative Officer Date




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                              July 1, 2004
                  ADMINISTRATIVE INSTRUCTION NO. 1-14


SUBJECT: Submission of Reports to the Mayor and/or City Council
Resolutions and Ordinances enacted by the City Council sometimes require Departments to
submit periodic reports to the Mayor and/or City Council. Departments must ensure that these
reports are completed and submitted to the appropriate party in a timely manner. Such reports
shall be submitted via Executive Communication to assure that they are filed in the electronic
system. Reports shall be routed through the Budget Office prior to signature by the Chief
Administrative Officer.


________________________
James B. Lewis
Chief Administrative Officer




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                                         Financial


                           February 3, 1994
                 ADMINISTRATIVE INSTRUCTION NO. 2-1-1A


SUBJECT: Signature Authority (Budget and Financial Documents)
This Administrative Instruction replaces certain portions of the former Administrative
Instruction 1, dated March 29, 1986, and supplements the provisions of Administrative
Instruction No. 1-1-1 issued this date. This Administrative Instruction is promulgated
pursuant to Executive Instruction No. 2, dated December 18, 1985, which provides that
signature authority for the City of Albuquerque is delegated by the Mayor to the Chief
Administrative Officer, unless such signature authority is specifically reserved to the Mayor
by statute, ordinance, resolution or regulation, and also provides that the Chief Administrative
Officer may delegate signature authority by directive.
This Administrative Instruction describes the signature authority for specified documents
related to the City's administration of budget and financial matters. For items not covered in
this Administrative Instruction reference should be made to the City of Albuquerque Travel
Regulations, the Treasury Division's Cash Imprest Funds policy, and any policies and
procedures of the City's Accounting, Budget and Treasury Divisions, as currently or hereafter
enacted or amended.
Unless a different rule is specified in this Administrative Instruction or in another directive of
the Chief Administrative Officer, signature authority delegated herein may be further
delegated in writing as follows:
                1.      For a short period (thirty (30) days or less), to another City employee of
                equal rank or an immediate subordinate by the individual to whom authority is
                delegated in this Administrative Instruction; or
               2.     For a longer or indefinite period, to any City employee approved by the
               Chief Administrative Officer.
If Department names or officials' titles are changed after the effective date of this
Administrative Instruction, the authority delegated herein shall fall to the successors to such
officials. If it is not clear to whom the authority falls, the Chief Administrative Officer shall
specify the official who has the signature authority.
Unless otherwise specifically delegated to another City official by statute, ordinance,
resolution, regulation, directive or instruction, final signature authority for the City is

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delegated to the following officials listed below in the areas and circumstances indicated:
A.     Budget
       1.      Line Item operating budget adjustments within programs -- Budget Officer
       2.      Budget adjustment between programs [if the lesser of $100,000 or 5% of the
               program's budget in accordance with 1-8-12 R.O. 1974] -- Mayor
       3.      Budget adjustment between CIP projects if not greater than 20% of the original
               project amount (1-10-6.D. R.O. 1974) -- CAO
               (Council approval required for changes exceeding 20% or if funds have not
               been appropriated, as provided in 1-10-6.D. R.O. 1974.)
B.     Financial Documents
       1.      Travel and Related Expenses -- As provided in City of Albuquerque Travel
               Regulations.
       2.      Petty cash vouchers/vehicle mileage reimbursement -- Department Director
       3.      Payment Authority
               a.     Execution of drafts from the Risk Management Fund -- Risk Manager
               b.     Execution of all other drafts, checks and other financial instruments --
                      City Treasurer
       4.      Endorsement of checks, drafts and other financial instruments made payable in
               whole or in part to the City -- City Treasurer
       5.      Cash Management and Banking Agreements, including, but not limited to,
               credit or debit card agreements, agreements for incoming ACH or wire transfer
               of monies to City bank accounts -- City Treasurer
       6.      Bank Accounts
               a.     Authorization to create -- CAO
               b.     Authorization of signature authority on all accounts -- City Treasurer
                      and DFM Director
C.     Signature authority as assigned in this Administrative Instruction may be delegated in
       writing by the official with the assigned authority to any supervisory employee under
       his or her direction.
This Administrative Instruction supersedes any and all prior Administrative Instructions or
directives relating to the signature authority described herein, including, but not limited to
Administrative Instruction No. 1, dated March 29, 1986.
This Administrative Instruction shall become effective for all applicable documents prepared
on or after the approval date indicated below.
Lawrence Rael
Chief Administrative Officer

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Date: 2/3/94


                             September 1, 1992
                    ADMINISTRATIVE INSTRUCTION NO. 2-1


SUBJECT: Assessment of Indirect Overhead
A.     City policy --- It is the City's policy to recover General Fund costs incurred in
       providing services to departments and agencies which are not financed by the General
       Fund. Therefore, indirect costs will be assessed against all applicable activities in
       accordance with the City's approved Central Services Cost Allocation Plan.
       a.      Charges for indirect costs are to be considered a basic element of project and
               program budgets. They are not to be considered a residual after other costs
               have been determined.
       b.      Indirect costs are to be included in the following situations:
               1.     For all grant proposals.
               2.     In setting rates for utilities.
               3.     In establishing capital project budgets.
               4.     As one of the elements of cost in the establishment of City fees or other
                      charges.
               5.     In other appropriate areas.
       c.      An exception to the indirect cost assessment policy can be made where an area
               of services is part of an approved city plan an@ the external funding source
               does not allow such costs or the external funding is on a direct reimbursement
               for goods or services only. Such an exception shall require documentation
               from the external funding source.
       d.      Any other exceptions must be approved by the Chief Administrative Officer.
B.     Direct Charges --- In providing a specific service, if the hours used and the hourly cost
       to provide the service can be isolated, the cost for the service shall be billed directly
       when the service is provided.
C.     Capital Overhead Rate --- A rate to recover the costs of central service support shall be
       charged to all capital projects.
       a.      The capital overhead rate shall be calculated once a year by dividing the
               budgeted costs of operating the Engineering (engineering costs not recovered
               through direct charges) and the Capital Implementation Program by the
               projected capital expenditures. The central service costs allocated to the capital


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               projects program shall also be included as part of the costs to be recovered.
       b.      All capital projects shall be assessed a capital overhead charge equal to the rate
               established for the year. It is a department's responsibility to seek an
               appropriation for those projects that lack the resources to pay the capital
               overhead charge.
       c.      There will be no exemptions which waive capital indirect overhead charges.
Arthur A. Blumenfeld
Chief Administrative Officer


                         September 3, 2003
            ADMINISTRATIVE INSTRUCTION NO. 2-2 (Revised)


SUBJECT: Credit, Collections and Accounts Receivable Policy
A.     Introduction.
In order to properly authorize credit, recognize, record, collect and report all monies which are
due the City, but not received at the time of a transaction, the City has adopted the following
policy to govern the recording and management of its accounts receivable ("A/R").
Departments that extend credit will be responsible for the administration of those transactions
in accordance with this policy, which supersedes Administrative Instruction 2-2, dated
September 1, 1992.
B.      Definition of Accounts Receivable.
A receivable is any extension of credit by the City to a recipient of goods or services or an
agreement resulting in payments to the City, all of which must be substantiated and
measurable through appropriate documentation.
C.     Credit Policy.
       1.       Minimum amount.
                Credit should not be extended for a receivable that is less than $25.00. Smaller,
repetitive charges should be accumulated and billed on a quarterly basis or paid in advance.
        2.      Forms of payment that may be used as alternatives to an extension of credit.
                a.      Cash.
                b.      Personal check.
                c.      Cashier's check.
                d.      Money order.
                e.      Credit card.
                f.      Debit card.
                g.      Check truncation (requires customer's prior written approval).
                h.      Direct debit (requires customer's prior written approval).
                i.      Electronic representment (customer must receive prior notice).
                j.      Payment in advance.

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        3.      Minimum documentation required to enforce debtor's obligation to pay and to
record the terms and conditions of such repayment.
                a.      Form of contract.
                        1)        Express.
                                  a)     Required.
                                  b)     Verbal contracts that are not documented are a violation
of this policy.
                                  c)     Promissory notes require the name and description of the
transaction, due date, terms, including security or collateral, and notarized signatures of the
City's debtor(s) plus job titles and any other specific information that would help in
identifying or skip tracing a debtor such as date of birth, social security number, and a driver's
license number.
                                  d)     Current joint powers agreements shall be in force for all
intergovernmental transactions.
                                  e)     City consignments such as bus passes should be
formally acknowledged by the consignee's signature recorded on a receipt for the goods
accepted.
                                  f)     The DFAS Accounting Division miscellaneous A/R
input form and the signature block thereon for customer's signature shall be used, if no other
form of contract available.
                        2)        Implied.
                                  a)     Undocumented agreements are not acceptable.
                                  b)     An implied contract is a presumed obligation based upon
inference rather than a specific, documented agreement.
                b.      Surety bonds.
                        1)        Taxpayers may be required to post bond based on their
estimated tax liability, if the terms and conditions are approved by the Legal Department.
                        2)        Departments may also require surety bonds from customers in
order to secure open accounts with significant payment risk, such as those maintained for
building contractors who obtain numerous building related permits.
                c.      Direct debit. Obtain written authority in advance to debit customer's
account, if payment is not rendered within agreed upon deadline.
                d.      Collection in advance. Require prepayment, if it has been determined
that the customer has been delinquent or is a bad credit risk.
        4.      Assessment of interest and penalties.
                a.      In the absence of a written contract fixing an interest rate, the rate of
interest shall be 0.0411 percent per day (15% per year simple interest) in the following cases.
                        1)        For money due by contract.
                        2)        For money retained by a customer's agent without the
customer's consent, expressed or implied.
                        3)        Upon the settlement of matured accounts from the day the
balance is ascertained.
                b.      Interest may be charged to current or open accounts beginning thirty
days after the delivery of the last article or service.
                c.      All invoices must include written notice of the date certain when
interest or penalties will be charged, if the account is not brought current.


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               d.     Interest may not be charged when there is no "prior" notice that interest
is accruing.
               e.     Partial payments shall be applied to the oldest interest and penalties
first.
                f.      Interest charges shall not be imposed in those instances where the
contract states that no interest will accrue regardless of what statutes may allow.
D.     Collections.
         1.     Due process.
                a.      Past due notices, statements and collection calls must be initiated no
later than 60 days after the initial invoice was mailed to a delinquent account. Statements
should be repeated monthly until the bill is paid, or until a payment agreement is established,
or the account is placed on hold.
                b.      After 30 days invoice should be mailed.
                c.      After 60 days send a statement showing arrears and make first follow-
up call. See sample collection letters attached as EXHIBITS TWO and THREE.
                d.      After 90 days send second statement and place second collection call.
                e.      After 120 days request that a third collection letter be composed and
delivered by assigned attorney in the Legal Department, if the debt is more than $1,000.
                f.      Report delinquency to the credit bureau.
                        1)      If there has been no response to the third collection letter.
                        2)      And, if the Mayor's Office has approved the dissemination of
that information through the credit bureau.
         2.     Collection calls.
                a.      City staff shall place no more than two (2) phone calls to a delinquent
account per item for which payment is in arrears.
                b.      Calls must be made during normal business hours.
                c.      Calls shall not rise to the level of harassment and shall not employ
threats or other forms of intimidation in conformance with applicable laws and regulations
including Truth in Lending, Federal Reserve Regulations CC and Z, and the Uniform
Commercial Code.
                d.      In the event that the City has contracted with an agency to collect a
given debt, City staff shall not call the debtor about that debt.
        3.      Withholding service until debt is paid.
                a.      Withholding one or more City services until a debt is paid may be
permissible.
                b.      Decision to withhold services shall be policy based, not made on a
case-by-case basis.
                c.      The Legal Department shall be advised of and shall review all such
withholdings for legal ramifications, before their implementation.
                d.      No such withholdings shall occur without written authorization from
the Legal Department.
        4.      Uniform treatment.
                a.      Government has an obligation to apply credit standards uniformly.
                b.      Discriminatory treatment, however, may be justified by an adequately
documented prior credit history.
                c.      Remedies such as requiring payments or surety bonds prior to rendering

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service must have a rational basis and must be equivalent for debtors with similar credit
histories.
        5.      Appropriate uses of collection agency services.
                a.     Collection of bona fide debts, i.e., documented and undisputed.
                b.     Collector provides value added such as skip tracing.
                c.     The DFAS Purchasing Division shall manage the acquisition of
collection services contractors for individual departments.
        6.      Collection of insufficient funds ("NSF") checks.
                a.     Collection is centralized in the Treasury Division, except for payments
processed by Albuquerque Housing Services and the Water/Wastewater and Solid Waste
Departments.
                b.     Banks will make second and third presentments, if directed to do so,
and may charge the maker a fee if electronic representment is utilized.
                c.     Collection agent may charge service fee for an RCK transaction of up
to $30.00 using a separate ACH debit, if maker has signed prior authorization.
                d.     City departments may charge a fee of up to $30.00 for NSF checks
received, but prior written notice must be given to the maker. Such notice would customarily
consist of a prominent writing conspicuously displayed at the point of sale, on bills or
invoices and in contracts or application forms.
        7.      Assistance available from the Legal Department.
                a.     For debts of at least $1,000, but less than $25,000, the assigned attorney
will write formal collection letter to debtor, if requested.
                b.     For debts of at least $25,000.
                       1)      Legal action shall be taken.
                       2)      Contact assistant city attorney assigned to collections.
                       3)      The City may sue other governments that owe it money.
                       4)      Settlement agreements, including terms and conditions of
payment, should be drafted with the assistance of the Legal Department.
                c.     Documentation provided to the assigned attorney should be as complete
as possible and include.
                       1)      All related correspondence.
                       2)      Information about the past credit history of the debtor.
                       3)      Back-up for invoices.
                       4)      Any other available information about the debtor such as other
businesses that the same individual may operate.
                d.     Liens, as authorized by statute, ordinance or contract.
                       1)      Shall be filed within 30 days of customer's refusal to settle.
                       2)      Statute of Limitations (time limit for filing a lien).
                               a)       Contract = 4 years.
                               b)       Open account = 3 years.
                e.     Bankruptcies.
                       1)      When the City is listed by court as creditor.
                               a)       All notices of bankruptcy naming the City, as a creditor,
shall be immediately forwarded to the Legal Department who will, in turn, notify the
appropriate parties. Copies should also be sent to the Treasury Division.
                               b)       All departmental level collection efforts must cease.


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Departments shall not contact a customer in bankruptcy about their bills by phone or mail.
                               c)      Claims of bankruptcy shall be honored only if supported
by a physical copy of the court order naming the City as a debtor.
                               d)      Taxes due and intentional torts are not dischargeable.
                               e)      Passive payments received from a bankrupt business
shall be deposited, as appropriate, to either the common fund account or water clearing
account.
                               f)      The City may be compelled to extend credit to a
company in reorganization, if withholding such credit would endanger the viability of the
business.
                        2)     In the event that the City is not listed by the court as a creditor.
                               a)      Proceed with collection efforts.
                               b)      Provide service, but reconsider the degree to which the
extension of further credit may be prudent.
                               c)      Deposit all payments received.
E.      Accounts Receivable Process Requirements.
       1.       Separation of duties.
                a.     Duties will be assigned in such a manner that responsibilities or the
authority to extend credit, prepare billing, make adjustments to billings, or receive and record
payments are separated.
                b.     Exemptions, discounts and other deviations from standard pricing
schedules and ordinances shall be formally approved in writing by the department's director or
authorized by ordinance.
                c.     Where one individual must perform multiple tasks, written control
policies must be established, followed and documented. Under no circumstances, however,
shall "one" individual be permitted to perform all such duties.
                d.     In no instance shall the individual responsible for setting up a
receivable account be permitted to receive and/or post payments to that account.
        2.      Extension of credit.
Credit shall be extended pursuant to the City's credit policy, which is set forth in Section C of
this Administrative Instruction.
        3.      Recording of credit transactions.
                a.     All extensions of credit shall be recorded in an approved A/R system
concurrently with their preparation.
                b.     All receivable systems shall be approved by the Department of Finance
and Administrative Services and shall interface with the City's general ledger ("GL") system.
                c.     Albuquerque Housing Services shall be exempt from the interface
requirement and shall enter its outstanding receivables in the GL at year-end.
                d.     In the absence of alternative departmental specifications, invoices for
goods and services shall contain the following information.
                       1)      Customer name, address, zip code, federal tax ID number or
social security number.
                       2)      Billing period (period during which services were performed).
                       3)      Department name.
                       4)      Name and phone number of contact person.
                       5)      Amount.

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                        6)      Description of services provided.
                        7)      Amount of Governmental Gross Receipts Tax, if appropriate.
                        8)      Total amount of invoice.
                        9)      Remittance address.
                        10)     Due date with payment terms.
                        11)     Any additional information necessary in order to satisfy
contractual requirements.
                        12)     PO number and contract number, if available or appropriate.
                        13)     Fund, account and activity.
        4.      Timely preparation of source data.
The A/R system data input form shall be prepared and processed immediately after
establishing a receivable, as defined above, unless specifically exempted by contractual
agreement.
        5.      Placing accounts on hold.
Written justification for the suspension of monthly invoicing of an account must be
documented and filed together with related source documents establishing the account.
        6.      Monthly aging reports.
All A/R systems must provide monthly aging reports.
        7.      Certification required.
Anyone accepting payments on behalf of the City must be certified to process cash through
the City's cash handling class, which is conducted by the Treasury Division.
        8.      Timeliness.
                a.      Timely handling of A/R is required at all stages of the process.
                        1)      Posting original transaction to an A/R system is required within
a week of delivery of goods or services.
                        2)      Billing is required within a week of delivery of goods or
services.
                        3)      Collection is required on a monthly basis.
                        4)      Reconciliation is required on a monthly basis.
                        5)      Bankruptcy notices shall be forwarded to the Legal Department
and a copy sent to the Treasury Division immediately upon receipt.
                b.      Deposit and recording of payments.
                        1)      All payments shall be deposited within one business day in
accordance with Administrative Instruction No. 2-8 and as required by statute.
                        2)      All payments shall be posted to the applicable A/R system
within one business day of receipt.
                                a)      Payments that must be researched in order to ascertain
the proper customer account for posting shall be recorded in a suspense account until properly
posted.
                                b)      Payments that cannot be matched with a customer
account shall be posted to miscellaneous revenue at the fund level.
                                c)      Checks shall not be returned to maker. Call or send the
customer a copy of the check with a request for an explanation instead.
        9.      Monitoring and reconciliation of accounts.
Departments shall be responsible for reconciling their A/R to the centralized GL system on a
monthly basis.


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       10.      Collection of delinquent accounts.
                a.      Departments shall be responsible for the collection of their delinquent
accounts. This effort will be coordinated with the Treasury Division. Any exceptions shall be
approved by DFAS.
                b.      Departments shall, on a monthly basis, be responsible for reviewing
and monitoring A/R aging reports.
                c.      Departments shall annually review the A/R write-off list prepared by
the Treasury Division and report in writing which receivables are uncollectable prior to
preparation of the annual write-off legislation.
        11.     Retention of documents.
                a.      Departments shall maintain all original documentation pertaining to an
unpaid/open invoice and shall make them accessible for review and audit.
                b.      Records shall be retained in the department for one year after the close
of the fiscal year in which payment was received and then stored according to the City's
document retention policy or as required by law or regulation.
                c.      Once a receivable is written off, the original supporting documentation
shall be forwarded to the Treasury Division where it shall be retained and made available for
audit for a period of twelve (12) months.
        12.     Documentation of departmental procedures required.
                a.      Departments shall be responsible for developing written procedures to
implement this policy within ninety days from the dated date of this document. These
procedures shall conform to the City's credit policy and to the internal controls established in
this Administrative Instruction. See EXHIBIT ONE for an example of such written
procedures.
                b.      Departmental procedures shall be reviewed and documented no less
than annually.
                c.      All such written procedures shall be reviewed by DFAS prior to their
implementation.
                        ______________________
                        Jay Czar
                        Chief Administrative Officer

                                      EXHIBIT ONE
                                  Operating Procedures Template
        Following is an annotated outline of an "Operating Procedures Template," which may
be used as a step-by-step reference to assist departments in writing their A/R procedures.
Department Name: ___________
A/R Activity: _________
Date Procedures were approved or amended: __________
A.      Definition of Accounts Receivable.
        1.      Any normal extensions of credit by the department or division should be
explained and supported by citations of the City's credit policy.
        2.      Department should identify goods and services for which they normally extend
credit.
                a.     Examples of items that are not appropriate for posting to the
miscellaneous A/R system include, but are not limited to.

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                      1)      Utility bills.
                      2)      Daily parking fees.
                      3)      Inexpensive items such as maps.
                      4)      Individual entrance fees.
                      5)      Pet adoption fees.
                      6)      Facility permit and rental fees unless an "express" contract is in
force.
                      7)      Convenience center tipping fees unless an "express" contract is
in force.
                        8)     Fines.
                        9)     Taxes.
                 b.     Examples of representative goods and services that are appropriate to
bill utilizing the miscellaneous A/R system include, but are not limited to.
                        1)     AMAFCA.
                               a)     Payroll.
                               b)     Warehouse.
                               c)     Administrative charges.
                        2)     Aviation.
                               a)     Space rentals.
                               b)     Other support facilities and services.
                        3)     Building maintenance.
                               a)     Plaza del Sol rent.
                               b)     State grants.
                        4)     City Clerk.
                               a)     Lease agreements.
                        5)     Code enforcement.
                               a)     Permits.
                               b)     Inspections.
                        6)     Council of governments.
                               a)     Payroll processing fees.
                        7)     Convention center.
                               a)     Space rental.
                               b)     Utilities.
                               c)     Merchandise sales.
                        8)     Corrections and detention.
                               a)     Bernalillo County JPA.
                               b)     Billings to state and federal governments.
                        9)     Cultural services.
                               a)     Group admissions.
                               b)     Facility rentals.
                               c)     Joint powers agreements with Bernalillo County.
                        10)    DFAS.
                               a)     SAD title searches.
                               b)     Joint powers agreements.
                        11)    Environmental health.
                               a)     Permits.


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                               b)      Emissions „paper.'
                               c)      Inspection certificates.
                               d)      Vehicle station pollution certification.
                               e)      Animal license renewals.
                               f)      Pollution control.
                       12)     Family and community services.
                               a)      Space rent.
                               b)      Agreements.
                               c)      Child care.
                               d)      Grants.
                       13)     Fire department.
                               a)      Academy training services.
                       14)     Human resources.
                               a)      Health and dental insurance during LWOP.
                               b)      Bernalillo County insurance assessments.
                       15)     Parks and recreation.
                               a)      Albuquerque Public Schools maintenance fees.
                               b)      Grants.
                               c)      Fuel sales to golf pros.
                               d)      Shooting range services.
                       16)     Police department.
                               a)      Multiple copies of accident reports.
                               b)      Chief's overtime.
                       17)     Public works department.
                               a)      Laboratory testing.
                               b)      Water rights agreements.
                               c)      Grants.
                               d)      Bernalillo County fuel.
                               e)      Sales of surplus water.
                       18)     Real property.
                               a)      Contractual property rental.
                       19)     Solid waste management.
                               a)      Re-cycled materials.
                               b)      Weed and litter services.
                               c)      Trash bag sales to area merchants.
                       20)     Transit and parking.
                               a)      Bus services, tokens and passes.
                               b)      Monthly parking contracts.
       3.      Departments should also carefully document any exceptions that must be
handled differently than the normal A/R process. Directions for handling these deviations
should be addressed throughout these procedures.
B.     Separation of Duties.
Clearly spell out each of the functions that must be performed from the delivery of goods or
services and the extension of credit to the ultimate receipt of payment or write-off. These
should be done in a step-by-step manner. For each step, please list by position title the
appropriate party to carry out the task.


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C.      Extension of Credit.
        1.      Delegation of authority to extend credit must be specified.
                a.      Who, including title.
                b.      Maximum amount.
                c.      Why? What is the purpose?
        2.      All extensions of credit shall be in compliance with the City's credit policy.
D.      Recording of Transactions.
        1.      Identify by position title who has responsibility for entering transactions or
submitting A/R forms and who has the authority to correct errors that may occur.
        2.      Employees making these entries must receive the appropriate training.
E.      Preparation of A/R Source Documentation.
        1.      Determine and define what circumstances shall govern whether an item is
entered in the A/R system.
        2.      List tasks associated with the preparation of an invoice in chronological order
and designate the party responsible for each task.
        3.      Identify by position title who must approve a completed invoice before it can
be entered into the applicable receivables system.
        4.      Show hierarchy of authority for credit approval, if one exists, and the dollar
levels associated with each level of authority.
F.      A/R Source Documents on File (must include the following data at a minimum).
        1.      Customer name, address and zip code.
2.      Billing period (period during which services were performed).
        3.      Department name.
       4.      Name, phone number of customer contact.
       5.      Amount.
       6.      Description of services provided.
       7.      Total amount of invoice.
       8.      Remittance address.
       9.      Due dates.
       10.     Payment terms, if applicable.
       11.     PO number and contract number, if appropriate.
       12.     Fund, account and activity.
      13.      Any additional information necessary in order to satisfy contractual
agreements.
G.     Initial Customer Invoice (must include the following data at a minimum unless
superseded by departmental requirements).
       1.      Customer name, address and zip code.
       2.      Billing period (period during which services were performed).


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       3.      Department name.
       4.      Phone number of departmental contact.
       5.      Description of services provided.
       6.      Amount due.
       7.      Amount of Governmental Gross Receipts Tax, if appropriate.
       8.      Total amount of invoice.
       9.      Remittance address.
       10.     Due date with payment terms.
       11.     PO number and contract number, if appropriate.
H.     Source Data Transmittal.
       1.      If your department uses the DFAS Accounting Division miscellaneous
receivables system, complete the required information and return the DFAS A/R form to the
DFAS Accounting Division.
        2.     Train staff in the preparation of the appropriate paperwork. You may want to
include the DFAS Accounting Division A/R form in the procedures with examples of the
correct way to fill it out.
       3.      If your department uses its own A/R system, document your processing
procedures.
I.      Retention of Documents.
        1.       Retain back up documentation in the department for one year after the close of
the fiscal year that payment was received.
       2.      Documentation shall be available for review and audit.
       3.      Documentation shall be stored according to the City's retention policy.
       4.     All original documents pertaining to an unpaid /open invoice shall be held in
the department until paid or written off.
       5.     Documentation supporting a receivable that is written off shall be sent to the
Treasury Division.
J.      Timeliness.
        1.      Explain in this section the importance of performing all these functions in a
timely fashion.
        2.      Timely handling of A/R is required at all stages of the process.
                a.     Posting to the A/R system is required within a week of delivery of
goods or services.
                b.     Billing is required within a week of delivery of goods or services.
                c.     Collections are required on a monthly basis.


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               d.       Reconciliation is required on a monthly basis.
               e.       Write-offs are proposed only when necessary.
               f.       Bankruptcy notices should be sent to the Legal Department with a copy
to the Treasury Division immediately upon receipt.
K.      Recording of Payments.
        1.     Describe how the department will insure the proper recording of payments.
        2.     In this section explain how payments are recorded. This is the place to explain
the actual physical activities that must take place.
L.      Monthly Aging of Reports.
        1.     Explain the method(s) of analyzing monthly aging reports, no matter what
system is used.
        2.     For miscellaneous A/Rs on the City's GL, staff should be trained in COGNOS.
M.      Monitoring and Reconciliation of Accounts.
        1.     Describe what steps you expect staff to take in order to monitor A/Rs to
determine if payment has or has not been made. Additionally, explain how to reconcile and
the importance of doing so. You should verify that staff has been trained to use the tools
already available for doing so. The following table identifies the systems where such
information can be obtained:
 AVAILABLE           CUSTOMER          OPEN     CLOSED        PAYMENT     AGING
INFORMATION        INFORMATION        ITEMS      ITEMS       INQUIRIES/ CATEGORIES
                                                             HISTORIES

GEAC A/R                  X             X           X            X             X
SYSTEM

BUDPRO DATA               X
ENTRY

VPS                       X             X           X            X             X
PAGECENTER

COGNOS - AR               X             X                                X
OPEN ITEMS


N.     Collection of Delinquent Accounts.
       1.       Department shall identify, by position title, who in the department will be
charged with collection efforts.
       2.       This section should also identify what collection efforts, such as statements,
phone calls, etc., will be undertaken. These efforts shall comply with the guidelines in
Administrative Instruction 2-2, Credit, Collections and A/R Policies.
O.     Bankruptcies.
       1.       Two very important items here.
                a.       If you are in receipt of a bankruptcy notice naming the City as creditor,
send copies immediately to both the Legal Department and the Treasury Division.
                b.       All department level billing and collection efforts must cease.
       2.       If the City is not named by the court as a creditor, continue doing business, but
reconsider the degree to which the extension of further credit may be prudent.
       3.       See subsection D.7.e., Administrative Instruction 2-2, Assistance Available

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from the Legal Department: Bankruptcies, for more detail.
                                   EXHIBIT TWO




                                    Legal Department
                                   Post Office Box 2248
                            Albuquerque, New Mexico 87103
                      Telephone: (505) 768-4500 Fax: (505) 768-4525
Mártin J. Chavez, Mayor                     Robert M. White, City Attorney
      (Date)
      (Address)
      (Address)
Re:    Unpaid Debt -- $______
       ______________________________
       Date Debt Incurred: ______________


Dear ________________:
       In connection with the above-referenced __________________ this office seeks
payment of the _____ fees incurred as a result of ___________________________. This
amount is ________[time period] delinquent and this is an attempt to collect the debt before
the account is referred for collection. Demand is hereby made for payment of the sum of
$_____________ to this office within ten (10) days from the date of this letter.
         If you have any questions or wish to make payment arrangements, please contact
_______________ at (505) _________. If payment is not received in this office within the
time period specified, the City of Albuquerque will pursue all available collection remedies
against you, including but not limited to garnishment, attachment and/or Sheriff's Sales. Your
attention to this matter is strongly suggested.
                              Very truly yours,
                              ___________________


                                     EXHIBIT THREE




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                                     Legal Department
                                    Post Office Box 2248
                             Albuquerque, New Mexico 87103
                       Telephone: (505) 768-4500 Fax: (505) 768-4525
Mártin J. Chavez, Mayor                              Robert M. White, City Attorney
      (Date)
      (Address)
      (Address)
Re:    Unpaid Debt -- $______
       ______________________________
       Date Debt Incurred: ______________
Dear ________________:
         In connection with the above-referenced __________________ this office seeks
payment of the _____ fees incurred as a result of
____________________________________________. This amount is ________[time
period] delinquent and this is a second and final attempt to collect the debt before the account
is referred for collection. A prior notice was sent to you on ____________. Payment of the
sum of $_____________ needs to be received by this office within five (5) days from the date
of this letter.
        If you have any questions or wish to make payment arrangements, please contact
_______________ at (505) _________. If payment is not received in this office within the
time period specified, the City of Albuquerque will pursue all available collection remedies
against you, including but not limited to garnishment, attachment and/or Sheriff's Sales.
                                      Very truly yours,
                                      _____________



                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 2-3


SUBJECT: City Check Distribution Policy


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You are hereby directed to ensure your department's compliance with the Check Distribution
policy which is:
CHECK DISTRIBUTION POLICY
Sound financial practices require adequate internal controls to safeguard city assets against
loss from unauthorized use or disposition. This instruction establishes city policy for the
distribution of accounts payable and payroll checks.
A.      Accounts Payable Checks
       To comply with internal accounting control requirements, city checks will be
       transmitted to payees (vendors, city staff, etc.) directly by the Accounting Division,
       Finance and Management Department.
       Checks required to complete the following types of transactions shall be obtained
       directly from the Treasurer's Office:
       1.      Closing transactions on purchase of land.
       2.      Debt service payments.
       3.      Certain legal settlements.
       4.      Settlements for particular bills where a lien release is required.
       Checks will be issued by the Treasurer's Office only to officially designated
       individuals with appropriate identification cards containing a photograph of the
       individual and issued by the Chief Administrative Officer. Specific procedures for
       such checks can be obtained from the Accounting Office.
B.     Payroll Checks
       To insure adequate control over the distribution of payroll checks the following policy
       is established:
       1.      Payroll checks and direct deposit receipts will be issued by the Treasurer's
               office to only one authorized representative of each department upon
               presentation of appropriate city identification cards containing a photograph of
               the individual and issued by the Chief Administrative Officer.
       2.      Individuals who complete time sheets (payroll clerks, timekeepers, etc.) will
               not be eligible to obtain payroll checks from the Treasurer's Office.
       3.      Departments will further distribute checks to employees at department
               locations.
       After department representatives have received checks from the Treasurer's Office, it
       is the responsibility of each department to distribute checks to all department
       employees. This secondary distribution shall be made from department locations other
       than the City/County Civic Center building lobby.
       Unless otherwise authorized, payroll checks will be made available by the Treasurer's
       Office after 3:00 p.m. on the Thursday preceding pay dates.

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       Checks will be distributed to designated department representatives on a first come
       first serve basis.
       4.     Other payroll distribution guidelines include:
              Early release on payday requires a written request addressed to City Treasurer
              twenty-four hours in advance by department director and/or their representative
              identifying the name of employee, the employee's social security number
              together with the reasons for requesting early release. Early release will be for
              emergency reasons only.
              Unclaimed checks after 30 days will be returned to Treasury by the receiving
              department and logged in by employee name, date returned, check number, and
              dollar amount. The check will then be stamped "UNCLAIMED" and
              forwarded to the Payroll Office. A copy of the log will also be forwarded by
              Treasury to the Financial Reporting Section of Accounting. The Payroll Office
              will determine whether or not the check should have been prepared. If the
              check should not have been prepared, it will be "voided." If a check is actually
              an unclaimed payroll check, it will be reported to the Financial Reporting
              Section for recording as a liability."
              Handouts are to be controlled. A sample of all materials, other than normal
              payroll information, which an individual or organization is requesting to have
              distributed with the payroll shall be submitted at least 24 hours in advance of
              their distribution to the CAO's Office for approval. Neither the Treasurer's
              Office nor the Payroll Office will permit the distribution of these materials
              with the payroll without the written approval of the CAO or his designee.
              Direct payroll deposits are encouraged by the administration. This program
              benefits all employees. If an employee is not at work, the paycheck is
              deposited in the employee's bank account automatically. Most direct
              depositions are available in the employee's account at the start of business
              Friday. Employees do not have to spend time going to the bank.
Also, among the instructions which may need to be reemphasized to staff are:
1.     No more than one individual from a given department should be allowed to pick up the
       department's payroll at any one time;
2.     No one should be released to go to the Treasury payroll window before 3:00 p.m.
Arthur A. Blumenfeld
Chief Administrative Officer


                           September 1, 1992
                  ADMINISTRATIVE INSTRUCTION NO. 2-4




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SUBJECT: Mysterious Disappearance of City Monies Resulting From
         Burglary, Loss, Theft and/or Employee Dishonesty, Including
         Counterfeit Currency, Forged Checks and/or Cash Imprest
         Funds
1.     General
       This Administrative Instruction establishes City policy regarding disappearance of
       City monies (currency, coin, passes, tokens, tickets, checking accounts, etc.) resulting
       from burglary, loss, theft, dishonesty, counterfeit currency, forged checks and/or cash
       imprest funds.
       Treasury Division will administer City policy regarding mysterious disappearances of
       City monies.
2.     Notification Requirements
       Employees and/or Management Personnel (Missing Monies) - Discovery of missing
       City monies requires timely notification of appropriate departmental management and
       City Treasury Division.
       The following information and administrative action should be taken:
       A.     Notify the Albuquerque Police Department and request Offense and Incident
              Report associated with missing monies. Provide current xerox copy of
              authorized cash site application to investigating officer.
              1.      Method and time of discovery;
              2.      Date, amount and/or damages or missing property if known.
       B.     Notify Department of Finance and Management, Treasury Division.
       C.     Request written report from applicable supervisor within 8 hours. Submit copy
              of police report and completed DFM - Form MM 1988 to Treasury Division.
       D.     Notify Risk Management.
3.      Special Notification
       Employee and/or Management Personnel (Employee Dishonesty)- Fraudulent
       Embezzlement Associated with Missing Monies - Upon discovery and/or
       suspected acts of embezzlement by the departments, the City's Chief Administrative
       Officer is to be notified of suspected embezzlement by employees and/or management
       personnel.     Chief Administrative Officer will notify the Albuquerque Police
       Department Investigative Bureau in a timely manner.
4.     Treasury Notification
       Employee and/or Management Personnel - Shortage Discrepancies of Fifty Dollars or
       More - Any discrepancy involving shortages of fifty dollars or more in receipts,

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       imprest funds, counterfeit money or forged checks requires direct notification of
       Treasury Division.
       Forty-eight hours after oral and/or written notification, the Treasury Division will: a)
       follow-up with formal written notification and tentative status report to City's Chief
       Administrative Officer, copies to Risk Management Claims Manager and Internal
       Audit; b) direct any efforts by Field System Coordinator to review and examine status
       of internal cash controls, provide special training, or other Treasury action applicable;
       c) maintain administrative files concerning missing monies.
5.     Departmental Recording Requirements
       The loss of cash imprest funds (change funds, petty cash funds, checking accounts,
       etc.) or other City monies (currency, coins, passes, tokens, tickets, etc.) must be
       recorded as shortages in accordance with Generally Accepted Accounting Principles.
       Department of Finance and Management, Fiscal Accounting Section, (and/or Treasury
       Division) can assist you with appropriate compliance in recording loss.
6.     Other Requirements
       A.      Departmental Insurance Reimbursement;
               Questions concerning insurance determinations will be directed to Risk
               Management.
       B.      Departmental Cash Imprest Funds Replenishment;
               Questions concerning cash imprest fund replenishment will be directed to the
               Department of Finance and Management, Treasury Division.
Arthur A. Blumenfeld
Chief Administrative Officer


                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 2-5


SUBJECT: Contact with and Distribution of Information to Municipal
         Bond Rating Agency Representatives by City Staff
Purpose
Reviews of the City's credit worthiness by rating agencies such as Standard and Poor's
Corporation and Moody's Investors Service are critical to our ability to sell bonds for capital
improvements. Information pertaining to City finances and operations is periodically
requested by rating agencies in the course of their analyses. Financial and/or operational data
provided to rating agencies must be accurate, current, consistent over time and complete, if
the City is to continue to receive high bond ratings.

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Policy
Therefore, all communications, both oral and written, in response to requests for information
from bond rating agency representatives shall be made by the Director of Finance and
Management or his designee.
Action
Department directors will ensure that all financial, operating or other information prepared for
rating agencies by their staff is forwarded to DFM for review prior to its release or forwarding
to the rating agencies.
Arthur A. Blumenfeld
Chief Administrative Officer


                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 2-6


SUBJECT: To Provide A Comprehensive Training Program in Cash-
         Handling Procedures for All Employees Involved with
         Handling City Monies
In the past, to the greatest extent possible, the City has trained any person directly or
indirectly responsible for the safety and accuracy of City monies on a formal basis without the
use of an administrative instruction. Due to the increased number of cash handlers and the
emphasis placed on accuracy and precision in their jobs, it is essential that our cash handlers
be trained as soon as possible to avoid unnecessary problems and/or difficulties with cash-
handling operations. Cash-management training is applicable to those involved with cash-
handling operations and imprest fund usage, including, but not limited to, directors, managers,
supervisors and employees.
It is the intent of the City, through this administrative instruction, to train all new cash
handlers within the first month of their hire and/or appointment to the position. All
employees participating in the training will be issued Certificates of Completion when the
training has been satisfactorily completed, and this certificate must be renewed every three (3)
years after completion of a refresher course in cash-handling procedures.
Therefore, effective on this date, I hereby appoint the City of Albuquerque Department of
Finance and Management, Treasury Division, to provide cash-handling training for all
personnel handling City monies and those responsible for related activities (e.g., supervisors
and managers). This division will be responsible for keeping up-to-date records with regard
to new hires in the area of cash handling. The hiring department will be held responsible for
notifying Treasury of those persons who are not trained within two (2) months of hire or
appointment. Those individuals not certified by the Treasury Division will not be recognized
as official cash handlers and shall not handle City monies until completing the training course
and receiving certification.
The area of cash handling is an integral part of the overall financial system in any given
department. The implementation of this administrative instruction allows the City to certify
all cash handlers. However, this does not relieve the departments from the responsibility of

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notifying Treasury of changes in personnel and the need for training for these individuals and
ensuring qualified, certified personnel handle City monies.
Arthur A. Blumenfeld
Chief Administrative Officer


                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 2-7


SUBJECT: Policy Management of the City's Bond Counsel Contract
The Department of Finance and Management, as specified by the Administration Code (1-8
RO 1974), is accountable for managing the financial affairs of the City; and as such, is the
designated client of the City's Bond Counsel. Therefore, all requests for assistance or advice
from the City's Bond Counsel are to be first directed to the Director of Finance and
Management or his designee unless prior arrangements have been formally approved by the
Director of Finance and Management and the City Attorney.
Additionally, payment for Bond Counsel services, not directly reimbursable from the bond
issuance account of a specific security issue, will be the responsibility of the department
requesting those services.
Arthur A. Blumenfeld
Chief Administrative Officer


                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 2-8


SUBJECT: Handling and Deposit of Public Monies
The purpose of this Administrative Instruction is to reaffirm the City's policy on the
processing/handling of City (public) monies.
The Treasury Division of the Department of Finance and Management is responsible for the
collection, management and handling of public monies (currency, coin, checks, money orders,
cashiers checks, electronic fund transfers, credit card transactions, etc.). Each department
shall obtain authorization from the Treasury Division prior to establishing a cashhandling
location. Special event or temporary locations for receiving cash must obtain prior
authorization from the Treasury Division.
Each City department receiving monies at authorized locations on behalf of the City shall
formally designate persons to receive, deposit and record these monies. Names of designated
persons shall be submitted to Treasury, and additions and deletions shall be submitted as they
occur.
Persons receiving public monies shall prepare miscellaneous cash receipts or other approved
documents acknowledging receipt of public monies and shall issue the receipts to those who
remit monies to the City.

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Persons depositing public monies shall deliver such monies directly to the City Treasury
before the close of the business day following the receipt of such funds. Under certain
conditions, within this same time period, and with prior approval of the City Treasurer, public
monies may be deposited in a properly designated bank account and bank location.
Persons recording public monies received shall post the amounts to appropriate account
centers. Questions regarding coding of financial documents and/or recording or transactions
should be referred to the Accounting Division (Fiscal Section) of the Department of Finance
and Management.
Petty Cash/Change Fund custodians shall ensure that the funds are not used to cash checks or
reimburse unauthorized or inappropriate expenditures but are used solely for their intended
purposes.
All departments shall receive authorization from the Treasury Division prior to conducting
business with the Fiscal Agent Bank.
Failure to adhere to the City's policy on the handling and deposit of public monies will be
cause for appropriate disciplinary action.
Arthur A. Blumenfeld
Chief Administrative Officer


                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 2-9


SUBJECT: Financial Management and Rate Setting Guidelines
The Financial Management and Rate setting Guidelines Utilities and Solid Waste
Management Department are hereby adopted.
All future financial decisions and procedures for the Albuquerque Water Utilities and Solid
Waste Management Departments will be made and developed in conformance with the
Financial Management and Rate Setting Guidelines.
These Guidelines shall take effect immediately and will remain effective and in force unless
rescinded or amended by subsequent instruction.
                ALBUQUERQUE WATER UTILITIES AND REFUSE DEPARTMENT
                FINANCIAL MANAGEMENT AND RATE SETTING GUIDELINES
A.      Financial Management
       1.      Accounting practices applied to enterprise funds must make it possible to
               determine whether they are operated at a profit or loss similar to comparable
               private enterprises.
       2.      All services rendered by an enterprise fund to other funds of the city should be
               billed at predetermined rates, and all services received by the enterprise fund
               from other funds should be paid for on the same basis that other users are
               charged.
       3.      Enterprise funds must be fully reimbursed, at fair market value, for assets


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              appropriated for other city or private uses.
       4.     Contributions in aide to construction should be treated as contributions to
              capital for financial booking purposes and not operating revenue.
       5.     Income should be sufficient to: 1) ensure payment of obligations on a current
              basis, 2) to attract necessary new capital at reasonable rates, and 3) to provide
              resources for non-recurring obligations.
       6.     Net revenues which exceed requirements for current operating expenses, debt
              service and minimum working capital balances will be used for capital
              expenditures and maintenance of contingency reserves.
       7.     Contingency reserves will be appropriated or maintained at a level sufficient to
              provide for unanticipated, non-recurring expenditures.
       8.     Capital financing will be provided through revenue bonds, current revenues,
              grants, and contributed capital.
       9.     Debt will be used only for capital expansion, replacement and refurbishment of
              plant, not for operating expenses. Repayment schedules will not; 1) extend
              past the expected useful life of the facilities it finances; 2) will not require
              repayment schedules which would put excessive burdens on a fund's ability to
              meet operating obligations, and 3) will not be so high as to jeopardize a fund's
              credit rating.
       10.    The impact of an expansion of services on rates for existing customers will be
              minimized. For this purpose, policies shall be established for the recovery of
              reasonable costs from those parties causing or directly benefiting from system
              expansion and growth.
B.     Rate Design
       1.     Rates should encourage consumption patterns which enhance the health,
              comfort, convenience, and the quality of environment of the City of
              Albuquerque.
       2.     Intergenerational equity should be maintained. Future rate payers should not
              be expected to pay for costs incurred to serve current customers and vice versa.
       3.     Interclass subsidization should be minimized. A customer or class of
              customers benefiting from a service should pay the full cost of such service--no
              more, no less.
       4.     City residents will not subsidize enterprise fund services provided to the
              residents of other political jurisdictions and vice versa, except that the City
              reserves the right to earn, as compensation for financial risk incurred as a result
              of providing services to non- City customers, a return on its investment.
       5.     When special situations require that factors other than the cost of service be
              considered in the final determination of rates, steps should be taken to

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               minimize any discriminatory effect:
               A.      Revenue stability should be maintained. Losses of income due to
                       negative consumer response resulting from large incremental rate
                       increases should be avoided when possible;
               B.      The anti-trust ramifications of discriminatory practices designed to
                       foster development should be considered. Arbitrary use of the rate
                       structure or utility expansion policies to influence economic
                       development can result in substantial liability for the City, as a whole,
                       as well as for its officials; and
               C.      Concerns for the socioeconomic impact on individuals of rates for
                       enterprise fund services can best be resolved through the
                       implementation of explicit, specifically targeted income transfer
                       payments or credits which are to be reimbursed by the General Fund (as
                       is the current practice for both the water and refuse funds). For
                       customers, in general, rates representing fully-allocated costs of service
                       should be maintained in order to send clear economic signals regarding
                       the cost and efficient use of services.
Arthur A. Blumenfeld
Chief Administrative Officer


                             September 1, 1992
                    ADMINISTRATIVE INSTRUCTION NO. 2-10


SUBJECT: SAD/CIP Policy for Advancing City Bond Funds
The Special Assessment Districts (SADs) program is an integral part of the public
infrastructure improvements of the City. The SADs have been incurring deficit spending in
order to compensate for engineering services (and in some cases construction costs) which are
performed for SADs prior to funding being available from the sale of assessment bonds and
City participating funds.
It is the intent of this instruction to establish City policy and guidelines regarding the
temporary advancement of City bond funds to DFM/Special Assessments Accounting for the
purpose of financing the engineering costs associated with SADs. The advanced funds are to
be refunded to CIP if the conditions for the specific category are met:
PROPOSED SAD
The City of Albuquerque policy for SADs, as delineated in City Council Enactment No. 208-
1984, and as amended by Enactment No. 69-1985, requires that proposed SADs be evaluated
and investigated prior to City Council approval to initiate an active SAD. An evaluation
report and a City Engineer's report is prepared to fulfill this part of the SAD policy. To effect
preparation of these reports by a consulting engineering firm, the following actions are
required:

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A.     Public Works Department may negotiate an engineering services agreement with a
       consulting engineering firm for these reports.
B.     Copies of the agreement shall be distributed by CIP.
C.     DFM/Special Assessments shall then bill CIP for an advancement of funds for the total
       amount shown in the agreement. CIP will charge this to "SAD Advanced
       Engineering" under the appropriate bond program.
D.     Invoices for work completed under the agreement shall be paid by DFM/Special
       Assessments.
ACTIVE SAD
When the City Council approves the initiation of an active SAD, the following actions will
follow:
A.      Public Works Department selects consultant as provided for in the Selection Advisory
        Committee Ordinance.
B.     Upon City Council approval of the consultant for the SAD the City will enter into an
       engineering services agreement.
C.     Copies of the agreement shall be distributed by CIP.
D.     DFM/Special Assessments shall bill CIP for an advancement of funds for the total
       amount shown on the agreement. CIP will charge this to "SAD Advanced
       Engineering" under the appropriate bond program.
E.     Invoices for work completed by the engineer shall be paid by DFM/Special
       Assessments.
F.     After the sale of assessment bonds for a SAD, DFM shall reimburse CIP for advanced
       monies pertaining to that SAD.
ABANDONED WORK
The City Council holds the first protest hearing for an active SAD and may decide to abandon
proposed improvements. Engineering has the responsibility for informing Council of the cost
of incurred on the abandoned work.
Required action, if work is abandoned:
A.      Public Works Department/Engineering Group determines the amount of engineering
        costs associated with this abandoned work and initiates a supplemental agreement.
B.     These abandoned costs shall reduce any reimbursements made to CIP by DFM/Special
       Assessments.
C.     The cost shall be allocated on the basis of the type of design work the costs are
       associated with; i.e., water, sewer, storm sewer, or streets.
D.     CIP shall charge the respective purposes within the Capital fund; i.e., water, sewer,
       storm sewer, or streets, for this abandoned work.


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Arthur A. Blumenfeld
Chief Administrative Officer




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                          September 1, 1992
                 ADMINISTRATIVE INSTRUCTION NO. 2-11


SUBJECT: Flood Plain Ordinance Certification Fee
Effective April 10, 1989, the City will charge, in addition to and in conjunction with all
Building Permit Applications, a Flood Hazard Ordinance Fee, hereinafter referred to as the
"Fee." The Fee is required to offset the administrative expenses associated with the
enforcement of the Flood Hazard Ordinance, including requests for variances for all Single
Family, Commercial, Multi-family and Mobile Home developments in the City, 100-Year
Floodplain Determinations, and to certify compliance with the Flood Hazard Ordinance.
The fee for all Flood Hazard Ordinance certification shall be FIFTEEN DOLLARS ($15.00).
Arthur A. Blumenfeld
Chief Administrative Officer




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                           September 1, 1992
                  ADMINISTRATIVE INSTRUCTION NO. 2-12


SUBJECT: Parking Fee Policy
This instruction promulgates the City's policy on the collection of fees for parking in parking
structures, garages and surface lots owned by the City of Albuquerque, operated and
maintained by the Transit and Parking Departments' Parking Division.
Effective February 1, 1986, the policy shall be:
1.      All patrons shall pay parking fees in full, based on the current fee schedule for
        applicable parking services provided. "Patrons" includes, but is not limited to: the
        City of Albuquerque and its employees; other governmental entities and their
        employees; institutions, organizations and associations, whether they are charitable,
        fraternal, paternal, religious or service-oriented; and private individuals.
2.     Any exception to the Parking Fee Policy established by this administrative instruction
       shall be made only by the Mayor or his Chief Administrative Officer.
3.     In the event that the Mayor or his Chief Administrative Officer does make an
       exception to the Parking Fee Policy, the Administrator of the Parking Division shall be
       notified in writing, and any fees or portion of fees appearing in the current fee
       schedule but not collected from patrons shall be charged against an appropriate
       Parking Division budget account.
Arthur A. Blumenfeld
Chief Administrative Officer


                          September 21, 1994
                 ADMINISTRATIVE INSTRUCTION NO. 2-13-1


SUBJECT:        Financial Reserve Policy
In the past it has been the policy of the city of Albuquerque to maintain an adequate
operating reserve in the General Fund of 5% of the recurring revenues. This
Administrative Instruction establishes a financial reserve for the General Fund of the City.
Five percent of projected General Fund recurring revenues will be maintained annually, as a
prudent reserve to protect the City from shortfalls in revenues due to changes in the economy
and unanticipated emergencies.
This policy is effective immediately.
Lawrence Rael
Chief Administrative Officer

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      July 30, 2003 ADMINISTRATIVE INSTRUCTION NO. 2-13-1A
                             (Revised)


Subject:       Establishing a General Fund Reserve for The City of
               Albuquerque
To protect the City from shortfalls in revenues due to changes in the economy and
unanticipated fiscal needs or emergencies, it is prudent to establish a reserve in the general
fund of the City equal to one-twelfth (1/12 or 8.333%) of the budgeted expenditures for each
fiscal year. The general fund reserve shall not be available for appropriation.
The reserve reflected in the approved general fund budget for each fiscal year shall be
adjusted when total General Fund appropriations are increased or decreased by 1% or more.
If total adjustments to General Fund appropriations are less than 1%, the fund balance may be
modified at the discretion of the administration to reflect the change in appropriations.
This policy is effective for the fiscal year ending June 30, 2003 and supersedes Administrative
Instruction No. 2-13-1 dated September 21, 1994.
                _________________________________
                Jay J. Czar
                Chief Administrative Officer

               _________________________________
               Date


                            February 6, 1996
                  ADMINISTRATIVE INSTRUCTION NO. 2-14


SUBJECT: Chief Administrative Officer Review of Proposed
         Expenditures in the Fire Fund (210)
Purpose
The Fire Department shall be responsible for administering, coordinating, and monitoring the
Fire Fund. The Chief Administrative Officer as the final authority in granting approval of all
budget matters must approve the Fire Fund budget prior to submittal to the State of New
Mexico for funding.
Policy
Therefore, all proposed expenditures of funds from the Fire Fund, whether for personnel,
operating expenses, capital or transfers, must be communicated in detail to the Chief
Administrative Officer at the Fire Department‟s annual budget hearing. The Office of the
Management and Budget will have oversight of Fire Fund purchases.
Action



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The Fire Chief must prepare his budget for the Fire Fund in the same manner as he does for
the General Fund.
 Lawrence Rael
Chief Administrative Officer


June 30, 2003 ADMINISTRATIVE INSTRUCTION NO. 2-15 (Repealed)


Subject:       Fund Balance Designated for Future Appropriations
With the conversion of the City to the full accrual method of accounting as required by
Governmental Accounting Standards Board (GASB34), it is no longer necessary or
appropriate for the City to record an account receivable and a related reserved fund balance
denoted as "designated for future appropriations".
This policy is effective for the fiscal year ending June 30, 2003. Administrative Instruction
No. 2-15 dated February 6, 1996 is withdrawn and repealed.
                        _________________________________
                        Jay J. Czar
                        Chief Administrative Officer

                       _________________________________
                       Date


                          March 12, 1999
           ADMINISTRATIVE INSTRUCTION NO. 2-16 (Revised)


SUBJECT: Direct Payroll Deposit
Background:
Since the 1980s there has been a significant increase in the use of information system
technology both in government as well as the private sector. Studies have documented the
cost savings that can be achieved through the use of direct payroll deposit as opposed to
producing, printing and distributing actual "checks." Additionally, there is a direct benefit to
employees in having their money deposited directly into their account. The security and
dependability of direct deposit is definitely a benefit to the employees should we experience
an equipment problem that could delay the printing of payroll checks.
Placing city employees on direct payroll will allow the City to administer the payroll process
more efficiently, with greater dependability while lowering cost.
Policy:
Effective January 1, 1999, it is the policy of the City that all new hires, re-employments and
re-hires be paid via direct payroll deposit. The only exceptions will be short term seasonal


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and student positions.
All employee wages will be deposited via direct deposit to the employee's bank account. A
payroll check will be issued only during the "pre-note" phase of the account setup
Employees will be required to complete the necessary direct deposit enrollment form on the
date they report to the Human Resources Department to complete the hiring process.
The Human Resources Department shall include this policy in the new employee orientation
packet and will obtain the required information/documentation to initiate the direct deposit
with the appropriate financial institution.
Lawrence Rael
Chief Administrative Officer


                           June 22, 1999
           ADMINISTRATIVE INSTRUCTION NO. 2-17 (Revised)


SUBJECT: City Payroll Deduction Policy
Background:
In the past the City has allowed a number of businesses/organizations to participate in the
employee payroll deduction program. City policy requires the application of an
administrative processing fee as well as a minimum level of participation. The intent of this
Administrative Instruction is to update the policy and provide clear and consistent guidelines
for all entities participating in the City of Albuquerque payroll deduction program.
Policy:
It is the policy of the City to allow businesses/organizations that provide a direct and
substantial benefit or service to employees to participate in the payroll deduction program.
Based on this requirement the following category of businesses/organizations will be allowed
to request participation:
         1.      City approved health providers, medical, dental, vision;
         2.      Insurance companies;
                 3.      Uniform companies (those companies that supply items that meet the
                 uniform specifications required to be worn by city employees);
               4.     Prepaid legal services;
               5.     Employee recreation organizations;
               6.     Charitable organizations
               7.     Union dues and agency fees check-off; and
               8.  Organizations that advance the goals of city employees (e.g. CPOA,
               NMSPA)
In order to participate in this program the business/organization will be assessed an
administrative fee and must comply with the minimum employee participation levels as

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follows:
              *      Fee Structure -- an administrative processing fee of 2.5% will be
              applied to the total amount deducted from employees each pay period. The
              balance, after deducting the administrative fee, will be remitted to the
              business/organization each pay period with a report reflecting the total amount
              deducted from employees, the administrative fee and the net amount to be
              remitted to the business/organization..
              *      Participation Levels -- a minimum of 1% of the budgeted employees
              population must be enrolled in the program in order to participate. If the
              enrollment drops below the minimum participation for two (2) consecutive pay
              periods the payroll deduction will be terminated for a minimum of six (6)
              months.
              *       New Businesses -- new businesses/organizations that are requesting to
              participate in the automatic payroll deduction program must be eligible under
              one of the categories specified in this policy and will be allowed to submit a
              request to participate during the month of April each calendar year.
Exemptions:
Employee recreation organizations, unions, charitable organizations, city approved health
providers and organizations that advance the goals of city employees will be exempt from the
required fees and minimum participation levels. No other exemptions will be made to the
policy. Any solicitations by either commercial or non-profit organizations must adhere to
Administrative Instruction 5-13 which requires approval of the Chief Administrative Officer
prior to contacting any city employee.
The Human Resources and Finance and Administrative Services Departments will develop the
enrollment procedures and any necessary forms/reports to ensure compliance with this
program.
Employee Participation:
All employees may establish a payroll deduction for City approved health providers,
insurance companies, prepaid legal services, employee recreation organizations, charitable
organizations, unions and fraternal organizations. The employee must meet the requirements
of these organizations and enroll in the individual program prior to establishing an automatic
payroll deduction.
A payroll deduction to a uniform/uniform related business will be allowed only for employees
that are actually required to purchase a uniform as a condition of their employment.
Procedures:
The City Payroll Office will prepare an enrollment package for use by the business
community which will include written procedures and forms required to request participation.
Lawrence Rael
Chief Administrative Officer
Date: 6/25/99




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                            February 6, 2001
                  ADMINISTRATIVE INSTRUCTION NO. 2-18-1


SUBJECT: Sidewalk Table Permit Fee
The use of sidewalk right-of-way areas by restaurants is in the public interest. Fees for such
use must be reasonable in relationship to the size of the area used by a restaurant. Therefore,
the following fee schedule is adopted and shall supercede any other instruction or regulation
as to sidewalk table permit fees:
        1 - 3 tables:                 $25.00 per year
        4 - 9 tables:                 $50.00 per year
        10 or more tables:            $100.00 per year
The permits may be obtained and fees paid at the Planning Department's Zoning Division.
Lawrence Rael
Chief Administrative Officer
Date: 2/06/01


                              April 11, 2002
                  ADMINISTRATIVE INSTRUCTION NO. 2-19-1


SUBJECT: Administrative (Non-court) Enforcement Actions - CAO
         Approval Required if Monies Resulting from the Action are
         Not Paid into City General Fund
Background:
This Administrative Instruction requires the Chief Administrative Officer to review and
approve the proposed disposition of an administrative (non-court) enforcement action if the
proposed disposition will result in the respondent to the administrative action paying monies
to a non-City of Albuquerque entity or individual.
Policy:
For purposes of this Administrative Instruction, an "administrative enforcement action" is an
action taken by City staff regarding an alleged violation of an act, statute, ordinance,
regulation, permit or other legal requirement, if the enforcement action is not filed in criminal
or civil court.
Requirement:
If an administrative enforcement action is initiated, and if part or all of the proposed
disposition of the action requires the respondent to the action to pay monies to a non-City of
Albuquerque entity or individual instead of paying the monies into the City general fund, the
Chief Administrative Officer must give written approval before the disposition of the


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administrative enforcement action will be effective.
Jay Czar
Chief Administrative Officer
Date: 4/11/02



                             October 7, 2002
                   ADMINISTRATIVE INSTRUCTION NO. 2-20


SUBJECT: Budgetary Control Responsibilities
Purpose:
It is the policy of the administration to maintain a fiduciary financial responsibility in the
operation of City government. This entails control of city expenditures through the budgetary
control process established through state law and City Charter.
Background:
Budgetary responsibility is delegated from the Mayor and Chief Administrative Officer to
Department Directors. Department Directors in turn delegate this authority to various
managers. These may be Associate Directors, Deputy Directors, Division Managers, Fiscal
Managers, Human Resource Coordinators and a variety of other titles.
This administrative instruction applies to anyone who has the authority to expend public funds
regardless of title. The ultimate test will be whether that position has the ability to effectively
monitor and control expenditures within a budget at a Funding Activity or Program Strategy
level.
One definition of management is the "judicious use of means to accomplish an end."
Management goes beyond personnel supervision. It includes managing all the resources
required to meet the goals and objectives of the entity.
Procedure:
City services will be delivered as efficiently as possible and well within the resources
available. Service levels will be adjusted to reasonable expectations based on the revenues
appropriated.
Program Strategies are the level at which appropriations are made. It is at this level that
managers must ultimately be responsible for controlling expenditures.
All employees with budgetary control over a Program Strategy must accomplish their tasks
within the approved budget. All personnel decisions and all expense decisions must be made
within that framework. It is unacceptable, for an employee with budgetary control to spend in
excess of the appropriated budget.
Employees such as fiscal managers and human resource coordinators who may lack direct
control, but serve in a direct advisory capacity for expenditure decisions, shall provide the
best information available. If the manager fails to act in a financially prudent manner upon
receipt of the advice, the fiscal manager and/or human resource coordinator shall report to the


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manager's supervisor. This process will be repeated at ascending levels of management until
the financial advice is heeded. If necessary, after following this procedure, if he/she still
believes corrections have not been made in line with the advice, he/she should report directly
to the Chief Financial Officer. Failure to follow this procedure will result in the same
disciplinary procedure applicable to the Program Strategy Manager, described below.
Failure on the part of the Program Strategy Manager to monitor and control expenses within
the appropriated budget will be subject to disciplinary action as defined in the Personnel Rules
and Regulations. Disciplinary action may include written reprimand, suspension, demotion or
dismissal.
Jay Czar
Chief Administrative Officer
Date: 10/7/02


        July 20, 2004 ADMINISTRATIVE INSTRUCTION NO. 2-21


SUBJECT: Recording and Remediation of Cash Overages and Shortages
A.     Introduction.

This instruction states the City's policy on recording transactions associated with cash
overages or shortages and with appropriate remedial measures to be taken with respect to
individuals responsible for cash overages or shortages. This instruction is effective
immediately upon its publication.

B.     Recording

1.     Daily overages or shortages shall be recorded in the City's general ledger using an
appropriate over/short account and activity.

2.     Any remuneration due the City shall be recorded on the City's accounts receivable
system.

C.     Remediation

1.     Departments shall not seek reimbursement for periodic, minor cash shortages from the
assigned cashier or custodian.

2.     Overages shall be recorded and deposited within twenty-four hours.

3.      Large or frequent overages and shortages may justify retraining and/or disciplinary
action up to and including termination.


               James B. Lewis /s/                    7/20/04


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               James B. Lewis                      Date
               Chief Administrative Officer
                                  Click here to view form
                             "Request for Tipping Fee Waiver"




                                      Purchases


                         October 1, 2001
          ADMINISTRATIVE INSTRUCTION NO. 3-1-1 (Revised)


SUBJECT: Standard Agreement Provisions for Architectural,
         Engineering and Landscape Architectural Services for the
         City of Albuquerque
All procurement of engineering, architectural or landscape architectural services made
pursuant to the Selection Advisory Committee Ordinance shall require anyone submitting a
proposal to perform such services shall state in the proposal they agree, if selected, to enter
into an agreement with the City of Albuquerque which contains the standard terms and
conditions found in the model Engineering, Architectural and Landscape Architectural
Services Agreement dated October 1, 2001, which are incorporated herein by reference.
The model Engineering Services Agreement, Landscape Architectural Services Agreement
and Architectural Services Agreement shall be the Agreements entered into for all
Architectural, Engineering or Landscape Architectural Services that are exempt from the
Selection Advisory Committee Ordinance.
Changes in the provisions of the referenced model agreements shall be approved by the City
Attorney and Chief Administrative Officer or their designees in advance of any requests for
such services, and such changes shall be contained in the model agreements made available to
all those responding to the solicitation.
Effective date: This Administrative Agreement shall govern all procurement initiated after
October 1, 2001.
Lawrence Rael,
Chief Administrative Officer
10/1/01


May 18, 1995 ADMINISTRATIVE INSTRUCTION NO. 3-1.1A (Revised)


SUBJECT; Signature Authority (Public Purchases)

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This Administrative Instruction replaces the former Administrative Instruction 3-1-1A dated
February 3, 1994. This Administrative Instruction is promulgated pursuant to Executive
Instruction No. 2, dated December 1, 1993, which provides that signature authority for the
City of Albuquerque is delegated by the Mayor to the Chief Administrative Officer unless
such signature authority is specifically reserved to the Mayor by statute, ordinance, resolution
or regulation and also provides that the Chief Administrative Officer may delegate signature
authority by directive.
This Administrative Instruction describes the signature authority for specified documents
related to the City's purchase of goods, services and construction. For items not covered in this
Administrative Instruction reference should be made to the City's Public Purchases Ordinance,
the City of Albuquerque Purchasing Rules and Regulations, effective July 1, 1991, and the
Regulations Governing the Award and Rejection of Bids and Debarment of Contractors for
Public Works Projects of the City of Albuquerque, effective July 8, 1988, as currently enacted
or hereafter amended.
Unless a different rule is specified in this Administrative Instruction or in another directive of
the Chief Administrative Officer, signature authority delegated herein may be further
delegated in writing as follows:
        1.         For a short period (thirty (30) days or less), to another City employee of equal
rank or an immediate subordinate by the individual to whom authority is delegated in this
Administrative Instruction; or
        2.         For a longer or indefinite period, to any City employee approved by the Chief
Administrative Officer.
If Department names or officials' titles are changed after the effective date of this
Administrative Instruction, the authority delegated herein shall fall to the successors to such
officials. If it is not clear to whom the authority falls, the Chief Administrative Officer shall
specify the official who has the signature authority.
Unless otherwise specifically delegated to another City official by statute, ordinance,
resolution, regulation, directive or instruction, final signature authority for the City is
delegated to the following officials listed below in the areas and circumstances indicated:
A.      Purchases of Goods and Services/Construction (These rules are in addition to rules for
the purchase of professional/technical services or other purchases by written agreement which
are discussed in Administrative Instruction 1-1-1.)
        1          Purchase Requisitions.
                   a.      For the payment of claims and claim expenses payable out of the Risk
Management Fund - Risk Manager.
                   b.      All other - Authorized by Department Director; Approved by Purchase
and Department Director.
        2.         Purchasing Order Adjustments - Authorized by Department Director;
Approved by Purchasing Officer or CIP Official.
        3.         Purchase Orders.
                   a.      Issued by Purchasing - Purchasing Officer.
                   b.      Issued by CIP - CIP Official.
                   c.      Small Purchase Orders - City employees authorized by Purchasing and
Department Director.
        4.         Payment Authority -- Authorized by Department Director.
B.      Purchasing Procurement Documents.


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       1.      Request for Proposals Process.
               a.    Appointment of Ad Hoc Committee to evaluate Request for Proposals -
CAO
               b.       Recommendation of Award -- CAO
                        (May require Council approval.)
        2.      Requests for Proposals are required by the Public Purchases Ordinance for the
purchase of professional/technical services other than legal services by an attorney involving
an amount exceeding $55,000. The CAO requires a Request for Proposals for all such
contracts which will exceed $25,000 in one fiscal year, unless a waiver of that requirement
has been approved and signed by the CAO or his designee.
        3.      All other Purchasing documents - Purchasing Officer.
C.      CIP/Consultant (Architects & Engineers)/ Construction Procurement Documents.
        1.      Selection of Consultants Process.
                a.      Executive Communications (EC) (with Committee Recommendation
attached) - Director responsible for Selection Advisory Committee function, CAO. (Approved
by Council.).
                b.      Permission to Proceed (with contract attached).
                        1)      Contract amount of $25,000 or less - CIP Official.
                        2)      Contract amount of more than $25,000 - CAO.
        2       Selection of Construction Contractors.
                a.      Recommendation of Award - Selected Consultant; User Department
Director; Public Works Director; CIP Official.
                b.      Notice of Award -- CAO.
D.      Miscellaneous Documents Related to Public Purchases.
        1       Bill of Sale for excess personal property - Purchasing Officer.
        2       Title to personal property - Accounting Officer.
        3       Receiving of Goods and Services/Construction - Department Director
        4       Protest Determination after hearing - CAO
E.      Signature authority as assigned in this Administrative Instruction may be delegated in
writing by the official with the assigned authority to any supervisory employee under his or
her direction. This Administrative Instruction supersedes any and all prior Administrative
Instructions or directives relating to the signature authority described herein.
This Administrative Instruction shall become effective for all applicable documents prepared
on or after the approval date indicated below.
Lawrence Rael
Chief Administrative Officer
6-14-95


                             September 1, 1992
                    ADMINISTRATIVE INSTRUCTION NO. 3-2


SUBJECT: Acquisition of Audit Services
The acquisition of services for audits of the City's financial records or other statistical and

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management information records which are to be performed by external auditors shall be
coordinated by the Finance and Management Department, Accounting Division. This
administrative instruction applies to all financial audits as well as grant compliance financial
and nonfinancial audits. Requests for such audits will be approved by the Chief
Administrative Officer upon recommendation of the Director of Finance and Management.
At the time that a City department identifies the need for an independent audit, it will formally
transmit a request for such an audit to DFM's Accounting Division, identifying the need for
and the scope of the audit to be performed. This request shall indicate a desired completion
date, number of copies required, distribution and any other requirements.
DFM's Accounting Division will negotiate each year with the State Auditor, so that each year
the independent audit contract for the City's annual audit will also include an amount for
audits which may be performed in addition to the City's annual audit (umbrella contract that
includes extra audit work). The extra audit work is based on an estimate of the audit
requirements.
DFM's Accounting Division in conjunction with the affected department will discuss audit
requirements with the independent auditors of record and arrive at the cost to perform such
work. If the extra audit costs are within purchasing ordinance limits, such work will be done
under the umbrella contract. Under the umbrella contract, each department will be
responsible for the appropriation and payment of their audit costs. Should the estimated audit
costs for an audit exceed the purchasing ordinance limits, the Accounting Division will assist
the affected department in the preparation and circulation of an RFP.
Arthur A. Blumenfeld
Chief Administrative Officer


                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 3-3


SUBJECT: Small Purchase Orders
I.     PURPOSE AND USE OF SMALL PURCHASE ORDERS (SPOs)
       Small Purchase Orders (SPOs) are purchase orders which may be used by authorized
       City of Albuquerque employees to make purchases up to $500.00. An SPO consists of
       a four-part form, and, when it is completed, one copy is presented to a vendor and
       authorizes an immediate purchase and delivery of goods and/or services.
       SPOs can only be used by authorized City employees in accordance with the policies
       and procedures stated herein and in accordance with the provisions of the Public
       Purchases Ordinance. SPOs used to purchase items in violation of the City regulations
       may become the liability of the employees who authorized the purchases. All
       purchases must be made strictly for City business.
       SPOs will be spot-audited for compliance with purchasing regulations.
       Purchases made utilizing SPOs must be made at the best obtainable prices. Certified


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       Minority Businesses should be considered when making SPO purchases.
       An SPO cannot be issued to a vendor to make purchases in excess of $500.00.
       SPOs cannot be used to purchase goods or services 1) which are carried in City
       inventories and can be obtained from those inventories, or 2) which are available from
       preestablished City contracts or price agreements or 3) which are available under the
       Office Supplies contract (this includes all items listed in the contractor's catalog). Any
       exception to this policy must be approved by the Purchasing Officer or the Internal
       Services Supervisor in the Purchasing Division.
       SPOs are provided in book form and can only be issued to authorized City employees
       after they successfully complete a short training program regarding the rules and
       regulations, procedures, and processes established for executing these purchases. The
       training program is presented by the Purchasing Division at the request of user
       departments.
II.    AUTHORITY AND RESPONSIBILITY FOR SPO BOOKLETS
A.     SPO book distribution:
       1.    Disbursement Authorization Card:
              A prospective bookholder must have a completed and approved SPO
              Disbursement Authorization Card filed with the Purchasing Office. This
              authorization, when approved by the bookholder's department director and the
              Purchasing Officer, gives the City employee responsibility and authority to act
              as a custodian of an SPO booklet.
       2.     Safeguards:
              Safeguarding the SPO book is the responsibility of the authorized bookholder.
              Under no circumstances should an SPO book be mailed inter-office or U.S.
              Mail or left in a vehicle.
       3.     Requisitioning an SPO Book
              A properly signed Office Supply Requisition must be taken to the Purchasing
              Office referencing appropriate stock number and description (Book, Small
              Purchase Order) by an authorized bookholder. The Purchasing Division may
              then issue the bookholder his or her first SPO book. A supplies requisition is
              required for replenishment of an SPO book following procedures which are
              stated below.
B.     SPO Book Completion and Replenishment:
       Note: Preparation of SPOs is included under PREPARATION, Section III.
       1.     The completed SPO book must be returned to the Purchasing Office and spot-
              audited prior to the bookholder being issued a replacement SPO book. Each
              receipt and issuance of a book will be logged by Purchasing. A new SPO book
              cannot be issued until a completely used book is returned or a duly authorized
              new book is requested.

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       2.     The Purchasing Office is responsible for accounting for the issuance and
              receipt of all SPO books as well as safeguarding all unissued SPO books.
C.     Transfer of SPO books from one person to another is prohibited:
              The individual authorized to possess an SPO book is responsible for all
              disbursements related to that book.
D.     Voiding of SPOs
       1.     When voiding an individual SPO, write "VOID" across each page in large,
              readable letters and date and sign the form.
       2.     Keep all four copies of the SPO in the SPO book and return them to Purchasing
              when the completed book is submitted.
       3.     When voiding the remainder (unused portion) of an SPO book, the bookholder
              must attach to the book a dated memo signed by the bookholder, giving the
              reason for voiding the SPOS. The voided SPO book should be submitted to
              Purchasing.
E.     Retiring or Terminating Bookholders:
       1.     Retiring or terminating employees must void the remainder of their SPO books
              (Reference D. 1-3 above) and return the books to Purchasing prior to
              termination.
       2.     If an SPO book is not returned to Purchasing according to these procedures
              prior to termination or retirement of the bookholder, it becomes the
              responsibility of the bookholder's department director to insure that unused
              SPOs are returned to Purchasing.
F.     Lost or Destroyed SPO Books:
       1.      Purchasing and the Accounts Payable Office must be notified immediately
               upon knowledge of a lost, stolen or destroyed SPO book. A letter to this effect
               signed by the bookholder and his/her department director, stating the SPO
               book number(s), must be submitted to Purchasing and Accounts Payable. All
               of the SPO numbers used should be listed if they are known. All remaining
               SPOs in that book will be considered void and non-negotiable.
G.     Disciplinary Action
       1.     Appropriate disciplinary action will be taken against employees who violate
              these policies and procedures.
III. PREPARATION OF SPOs
       ALL SPOs MUST BE PROPERLY COMPLETED AND MUST CONTAIN THE
       FOLLOWING INFORMATION:
       A.      Name and current address of vendor
       B.     Department and location where goods or services are to be used


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       C.     Quantity of goods or services purchased.
       D.     Description of goods or services purchased.
       E.     Account number and activity or project number to be charged.
       F.     Dollar amount of purchases.
       G.     The receiving employees signature and employee's state driver's license
              number (employee number) on all copies.
       H.     Vendor invoice number and date of purchase.
       I.     Bookholder or individual with proper authority must sign as authorizing the
              purchase made and subsequent payment of such. If SPO Book does not
              contain an "Authorization" line, authorizing person should sign immediately
              below "Receiving" signature line. Authorization signature must be obtained
              before entering into MARS/G for payment purposes.
              "Authorization" signature is only required on the "Department Copy"
              (goldenrod) which is to be maintained for a period of seven (7) years in
              departmental files for audit purposes.
NOTE: ALL INFORMATION ON SPO FORMS MUST BE COMPLETELY
LEGIBLE.
IV.  DISTRIBUTION OF SPO COPIES:
       Each SPO will be written in quadruplicate with proper signatures. Timely entry of
       completed SPOs into the MARS/G System must be accomplished to avoid delay in
       payments to vendors. Distribute SPO copies in the following manner:
       A.     White Copy will be given to the vendor. User should emphasize to the vendor
              that an ORIGINAL and one copy of the vendor's invoice must be submitted
              (mailed) by the vendor to the Accounting Division, P.O. Box 1985,
              Albuquerque, NM 87103. Instruct the vendor to write the SPO number on the
              invoice. The City of Albuquerque is exempt from paying gross receipts tax for
              materials.
       B.     Goldenrod copy can be retained by the user department for departmental
              records.
       C.     Pink copy can be used by the issuing department to distribute internally. If
              internal distribution is not required, the pink copy may be destroyed.
       D.     Manila copy must remain in the SPO book (do not detach) and be subsequently
              submitted to Purchasing when a new SPO book is acquired.
V.     AUDIT PROCEDURES:
       SPOs will be audited for compliance with purchasing regulations after the booklet is
       completed and returned to the Purchasing Division. Small Purchase Orders found not
       to be in compliance with the City's purchasing policy or regulations will be handled as

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       follows:
       A.      A memorandum will be sent to the bookholder by the Purchasing Officer, with
               copies to the division and department managers stating the nature of the
               violation or discrepancy.
       B.      The bookholder shall respond, by the date required in the notice from the
               Purchasing Officer, explaining the circumstances under which the purchase
               was made and the changes that will be made to eliminate such circumstances in
               the future.
       C.      Failure to respond to this request for information by the date referenced may
               result in revocation of bookholder status.
       D.      Employees found to have violated purchasing policy or regulations may be
               subject to appropriate disciplinary action.
Questions with regard to any issue on Small Purchase Orders are to be directed to the
Purchasing Officer.
Arthur A. Blumenfeld
Chief Administrative Officer


                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 3-4


SUBJECT: Vendor Performance Evaluation
It is City of Albuquerque Policy that commodities and services purchased and received shall
be in accordance with all provisions set forth in the contract(s) and that participating vendors
provide timely and professional services in providing such. Therefore, it is critical for
purposes of accountability to strengthen controls and to enable the City to take corrective
actions in those instances where it has been determined that the performance of vendors is not
in accordance with contractual commitments. Inspection of goods and services provided
should be conducted and documented.
The purpose of this instruction is to delineate responsibility and establish written procedures
to implement the intent of this policy. This instruction does not pertain to Capital
Improvement Projects.
1.       It is the responsibility of the receiving department, prior to acceptance, to conduct a
         thorough inspection of all commodities purchased to ensure that they are in
         compliance with published specifications.
2.     It is the responsibility of the receiving department to inspect work being performed on
       behalf of the City of Albuquerque to ensure that it is being completed in accordance
       with contractual commitments. Inspections on projects or services which are
       performed periodically or which require extended periods of time prior to completion
       will be conducted a minimum of every thirty days, at the completion of each period of

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       service not exceeding thirty days, or in accordance with an inspection schedule if such
       is a part of the contract or specifications.
3.     If a discrepancy is noted or published, specifications are not being complied with, and
       this has not created an economic loss or health hazard (see Item 4 if this applies), the
       City department accepting delivery or inspecting goods and services purchased will
       immediately notify the vendor of the discrepancy and request that such be corrected
       immediately (a deadline for the discrepancy to be corrected is to be established at this
       time) at the expense of the vendor. A memorandum for record of the discrepancy and
       action taken will be made with a copy sent to the Purchasing Officer.
4.     The user department, if a discrepancy is not resolved within the time period designated
       or if the discrepancy is of such a nature that it has caused economic loss or created a
       health hazard, will immediately (within 24 hours) notify the Purchasing Officer in
       writing of the discrepancy in sufficient detail so that further action with the vendor
       involved can be initiated. User departments will not authorize any changes in
       specifications as published (to include extension of delivery dates) without the written
       authorization of the Purchasing Officer.
5.     City departments utilizing City price agreements or open-ended contracts are
       responsible for submitting accurate assessments of vendors' performance during the
       contract periods upon request from the Purchasing Division. Interim reports, if
       necessary, will be submitted as per Item No. 3 of this instruction.
6.     The Purchasing Officer, upon notification of a discrepancy or problem with a vendor,
       will immediately initiate an investigation of such and will within five (5) working days
       issue a determination as to the course of action to be taken. Determination will be
       provided in writing to the vendor and department involved. Additionally, the
       Purchasing Officer will insure that any required follow-up action is tracked and, if
       necessary, applicable action taken.
7.     The Purchasing Division is responsible for the distribution of information (inclusive of
       specifications and pricing structure) to user departments relative to any procurement
       made on behalf of a user department. In the case of price agreements or open-ended
       contracts, such information will be disseminated to the major users. Users, other than
       major users, which may develop a need to use such contracts will contact the
       Purchasing Division to obtain the necessary information.
8.     It is the responsibility of the Purchasing Division to track and monitor all contracts in
       those cases where liquidated damages are involved to insure that delivery and
       acceptance are made in accordance with published conditions and specifications. This
       does not relieve the user department of the responsibility for necessary inspections.
Arthur A. Blumenfeld
Chief Administrative Officer


                                  September 1, 1992

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                   ADMINISTRATIVE INSTRUCTION NO. 3-5


SUBJECT: Purchase Order Adjustments
The purpose of this Administrative Instruction is to state City policy and guidelines regarding
the initiation and approval of changes to purchase orders issued by the Purchasing Division.
It does not pertain to purchase orders issued by CIP.
1.       It is the responsibility of the user department for which a purchase order has been
         issued to initiate all required changes to a purchase order issued by the Purchasing
         Division.
2.     A Purchase Order Adjustment Form will be used to initiate all changes (add, delete,
       cancel in part or in its entirety, or change) unless specifically excluded under item no.
       4. of this instruction. Purchase Order Adjustment forms are a stock item in the Office
       Supplies Section.
3.     Purchase order adjustments will be submitted directly to the Purchasing Division for
       review, and if approved they will be entered in MARS/G. The Purchase Order
       Adjustment form, if approved, will then become a permanent part of the procurement
       file.
4.     The following types of transactions do not require a Purchase Order Adjustment Form
       and can be processed by the Accounting Division without additional documentation:
       To correct any discrepancy in the address of the vendor.
       To add tax, freight or handling charges, provided that the purchase order allows such
       (purchase orders will specifically state whether tax and freight are included or not
       included in the purchase price.
       To process payment if the amount stated on the invoice is less than the amount stated
       on the purchase order provided that there is no change in the quantity(s) or item(s)
       required by the purchase order.
This Administrative Instruction shall become effective immediately. Question regarding this
process should be directed to the Purchasing Officer.
Arthur A. Blumenfeld
Chief Administrative Officer


                            February 1, 1994
                   ADMINISTRATIVE INSTRUCTION NO. 3-6


SUBJECT: Comprehensive Purchasing Training Program
Purpose


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To maximize department responsibility and expedite the purchasing process in accordance
with the Public Purchases Ordinance 1991 (Chapter 5, Article VII, RO 1974)
General Policy
A comprehensive Purchasing training program has been designed to promote increased
departmental responsibility and control over departmental purchasing activities; to decrease
time required for purchasing actions; to reduce the number of reviews and approvals; to
increase interaction and input between Purchasing and departments; to provide a common
body of knowledge among Purchasing Coordinators; and to promote professional job skills.
Three levels of training are available. They are: Purchasing Coordinator Certification,
Contract Liaison Certification and General Training. Departments are required to designate a
Purchasing Coordinator who may be certified in the Purchasing Coordinator Certification
Program. Contract Liaison Certification and General Training are at the discretion of the
department.
Description of the three levels of training follows:
I.     Purchasing Coordinator Certification
       Departments are required to designate a staff member who will be responsible for
       coordinating and/or writing all purchasing actions which the individual department
       generates. This person will be the quality assurance purchasing staff member from the
       department. This individual is not necessarily the one to prepare any of the documents
       but is the person to whom all manual updates, notifications, and all other
       communications would flow. This level of certification may have procurement
       approval up to the Oral Quote Limit as deemed appropriate by the department director.
        Requirements:
               Attend:        All classes offered
               Pass:          All class quizzes
               A period of internship * within the Purchasing Division
               The comprehensive exam which will be administered at the completion of the
internship.
               Complete:      10 day internship
       Biennial Certification
       Revocation of Certification is at the discretion of the Purchasing Officer.
2.     Contract Liaison
       The Contract Liaison will be responsible for initiating and coordinating the
       development and execution of agreements and RFPS. It is not necessary for
       departments to have a Contract Liaison; these duties may be performed by the
       Purchasing Coordinator. There are, however, staff whose responsibilities are primarily
       agreements.
       Requirements:
              Attend:        SPO/Overview/Rules & Regs/Ordinance
              Specifications Training
              RFP/Negotiations

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              Contract Process/Negotiations
              Pass:           All class quizzes
              Comprehensive exam for the Contract Processing after an *internship
              Complete:       5 day internship
       Biennial Certification
       Revocation of Certification is at the discretion of the Purchasing Officer.
       Internship: Designated period of time working with the buyer assigned to the
       individual department is required for the Contract Liaison and two work weeks for the
       Purchasing Coordinator. The Buyer will be required to acknowledge the satisfactory
       completion of assignments required to complete the internship. Each applicant will
       have to participate in, for example, the preparation of one (1) RFP package, one (1)
       contract, etc.
3.     General Training
       General Training is offered in all aspects of the purchasing process. Any employee
       whose duties include purchasing functions should take courses applicable to those
       functions.
       Course include but are not limited to:
               SPO/Overview/Rules and Regs/Ordinance Training
               Specification Preparation
               Oral Quotes
               Request for Bids
               Request for Proposals
               Contracting
               Cooperative Purchasing
               Price Agreements
               Special Purchases
Therefore, effective on this date, I hereby appoint the city of Albuquerque, Department of
Finance and Management, Purchasing Division, to provide training in the above listed areas
for all personnel handling any purchasing functions within the City. It will be the
responsibility of each department director to designate appropriate personnel for these
functions. The Purchasing Division will be responsible to make the training available at
reasonable intervals during any given year and to maintain accurate records of all attendance
and completion of requirements. Purchasing will also develop and distribute procedural
documentation consistent with this instruction.
Lawrence Rael
Chief Administrative Officer


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                            February 17, 1995
                   ADMINISTRATIVE INSTRUCTION NO. 3-7


SUBJECT: Payments to Vendors Doing Business Within the City
Background
The City does business with a significant number of vendors and it is the intent of the City to
expedite to the extent possible payments to all vendors doing business with the City. It is also
the intent of the City to maximize earnings on vendor discounts.
Policy
It is the policy of the City to pay all vendors in accordance with the terms of the contracts or
within thirty days from the date of receipt of goods or services and/or date of invoice,
whichever comes last. It is recognized that in many cases it is not possible to pay within thirty
days due to unresolved vendor/City issues that may occur. However, if emphasis is placed by
all responsible parties on the entire purchase/receipt/payment process, it is believed that a
thirty-day payment policy will be achieved for the majority of payment obligations made by
the City of Albuquerque.
Responsibility
The responsibility for achieving an expedient payment process is shared by Purchasing,
Operating Departments, and Accounts Payable.
These parties are charged with the following responsibilities:
       Purchasing:
       1.      Ensure that all Purchase Orders are processed in a timely basis.
       2.      Ensure that Purchase Order Adjustments are expeditiously processed or acted
               upon to avoid payment delays.
       Operating Departments:
       1.     Ensure that emphasis and high priority is placed throughout the departments on
              processing and entering necessary purchasing and/or vendor receiving-
              information.
       2.      Ensure that procedures currently in place within the departments for
               purchase/receipt/payment approval are reviewed to eliminate bottlenecks and
               speed up the payment process. The emphasis should be on the proper approval
               of the purchase prior to receipt of goods or services and evidence of receipt of
               the goods or services. Payments should be a natural outflow of these functions
               and result in an expedient payment-approval process.
       3.      Ensure that goods or services are not acquired before a purchase order or
               contract is finalized, or in exceptional cases appropriate procurement
               procedures are followed.
       4.      Appoint department liaisons to be the contact persons for problem resolution
               with Accounts Payable and Purchasing. Furnish Accounting with the name of

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              the appointed department liaisons when initially appointed and also when
              turnover occurs.
       5.     Ensure that the vendors are provided with proper information at time of
              purchase, i.e., Department/Division, employee names and Social Security
              numbers, purchase order numbers, SPO numbers, and release numbers for
              inclusion on the vendor invoice.
       Accounting/Accounts Payable:
       1.    Ensure that all invoices are processed when received and expeditiously
             matched for payment after they are entered by the departments.
       2.     Work with department liaisons to research and resolve any issues regarding
              vendor invoices on a timely basis.
       3.     Work with departments to identify and review invoices older than 60 days for
              follow-up.
       4.     Ensure that copies of all invoices not received directly by departments are
              mailed to departments.
       5.     Ensure that appropriate training is provided to departments on the use of the
              automated systems and on procedures to be followed.
       6.     Ensure that, in conjunction with Purchasing, appropriate information and
              procedures are mailed to all City vendors periodically.
Effective Date
This Administration Instruction is effective immediately.
Lawrence Rael
Chief Administrative Officer


                            February 27, 1995
                   ADMINISTRATIVE INSTRUCTION NO. 3-8


SUBJECT: Vending Machines and Vending Stands on City Property
General
This Administrative Instruction establishes City policy for the operation of vending machines
and vending stands on City property.
The following vending machines and vending stands are exempt from the provisions of this
administrative instruction:
1.     Restaurants or Concessions designated by the CAO to be awarded through a formal
       competitive process.
2.     Vending machines and vending stands which are operated by restaurants or

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       concessions in accordance with their contracts with the City.
3.     Vending machines and vending stands which are operated by citizen groups sponsored
       by the City, e.g., Senior Centers and Community Centers.
Placement of vending machines or vending stands will not conflict with federal law or other
statutory or legal requirements.
Application
This instruction will apply to all facilities/properties owned by the city of Albuquerque. This
instruction does not apply to rental or lease properties.
Definitions
1.     Concession - The leasing of a portion of a property/facility for a specific purpose in
       accordance with the City's Public Purchases and Real Property ordinances.
2.     Restaurant - Any facility wherein food is prepared, cooked, heated and served, and a
       seating area is provided for the consumption of food.
3.     Vending Machine - A money-operated machine designed for vending prepackaged
       consumable products for a predetermined price.
4.     Vending Stand - A stand for the purpose of selling prepackaged consumable products
       for the benefit of City employees and citizens conducting City business at a City-
       owned facility. A vending stand may also include any number of vending machines.
Procedure
The City Purchasing Officer will promulgate procedures for the application and contracting of
vending machines and vending stands. Such procedures will comply with State Statutes 22-
14-24 to 22-14-29 NMSA 1978 concerning preference for the operation of vending stands by
blind persons who are licensed by the New Mexico Commission for the Blind.
Revenues
All revenues received by City departments from the operation of vending machines and
vending stands are City revenues. All revenues from these sources shall be paid by contractor'
checks made payable to the city of Albuquerque.
All revenues shall be deposited in accordance with Administrative Instruction No. 3-9.
(Revenues)
Miscellaneous
Any questions related to the approval of, and contracting for, the operation of vending
machines and vending stands should be directed to the Purchasing Division of the Department
of Finance and Management.
Lawrence Rael
Chief Administrative Officer

SUBJECT: Vending Machines and Vending Stands Procedures for
         Application and Contracting


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In accordance with Administrative Instruction No. 3-8, the following procedures relating to
the application for and the contracting of vending machines or vending stands are effective
immediately.
Application
1.     All vending machines and vending stand in City-owned facilities must have the prior
       written approval of the City Facilities Manager on a "Vending Machine/Vending Stand
       Review/Order Form" (copy attached). Application for all existing machines must be
       made within 30 days of the issuance of this procedure.
2.     Prior to approval of an application, the City Facilities Manager will ensure that the
       vending machine or vending stand will not constitute a safety hazard and that the
       facility location can accommodate the request.
3.     The City Facilities Manager will maintain a list of approved vending machines and
       vending stands by facility and by department.
Contracting
1.     The City will comply with State Statutes 22-14-24 to 22-14-29 NMSA 1978
       concerning preferences for the operation of vending stands by blind persons who are
       licensed by the New Mexico Commission for the Blind.
2.     After approval of the City Facilities Manager for the operation of a vending machine
       or vending stand, the requesting department will present its criteria to the Commission
       for the Blind. If the Commission for the Blind can meet the department's
       requirements, the order will be made on Vending Machine/Vending Stand
       Review/Order Form.
3.     Orders placed with the Commission for the Blind will not be exempt from
       requirements to provide satisfactory service.        Unsatisfactory service will be
       documented in the same manner as any other contractor's services, and the contract
       will be subject to cancellation for nonperformance. All nonperformance issues are to
       be submitted to the Purchasing Division for review and appropriate action.
4.     If the vending machine or vending stand is exempted per the provisions of
       Administrative Instruction No. 3-8, or if the Commission for the Blind cannot meet the
       requirements (revenue will not be a requirement), the order from must be approved by
       the CAO. The form must state the reasons for the exemption or the reasons for the
       Commission for the Blind being unable to meet the criteria.
       In its negotiations with the NM Commission for the Blind, the City and the
       Commission will consider whether the sharing of revenues with the City is appropriate
       on a case by case basis.
5.     Upon approval by the CAO or designated representative for an exemption or for an
       order which cannot be filled by the Commission for the Blind, the department may
       then place the order with another vendor. Orders placed must be in compliance with
       Purchasing Rules and Regulations, including contract regulations for agreements
       signed with the firms which provide vending machines or vending stands.

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                            February 27, 1995
                   ADMINISTRATIVE INSTRUCTION NO. 3-9


SUBJECT: Revenues (Vending Machine/Stand, Concession or
         Restaurant)
General
This Administrative Instruction establishes City policy for the handling of revenues derived
from the operation of vending machines and/or stands on City Property.
Application
This instruction will apply to and be adhered to by all departments, agencies and employees
thereof and shall include leased or rental properties.
Procedure
The Treasury Division's policies and procedures for the collection, deposit and recording of
City monies shall apply to revenues received from these operations.
Depositing of Revenues
All revenues received by City departments, agencies and/or employees from the operation of
vending machines/stand, concessions or restaurants are City revenues. All revenues from
these sources shall be paid by contractors' checks made payable to the city of Albuquerque.
Revenues received by City departments, agencies and/or employees shall be deposited in the
City's General Fund unless such revenues are approved in written form for deposit in another
fund.
Revenues shall be deposited with the City Treasurer by the end of business the day after it is
received.
Miscellaneous
Questions related to this Administrative Instruction are to be directed to the Purchasing or
Treasury Officer.
Lawrence Rael
Chief Administrative Officer


                           February 27, 1995
                  ADMINISTRATIVE INSTRUCTION NO. 3-10


SUBJECT: Purchase Ratification
General
Purchasing policy of the city of Albuquerque promotes the principal of centralized
purchasing. To this end the Purchasing Division of the Department of Finance and
Management has been assigned the authority and responsibility for administering the City's

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Public Purchases Ordinance and Rules and Regulations.
Application
Any purchase which is not in accordance with Purchasing Rules and Regulations will require
Chief Administrative Officer review and acknowledgement on a completed "Purchase
Ratification Form" (copy attached) signed by all staff indicated. This form is designed to
eliminate circumstances which result in purchases that are not in compliance or consistent
with established rules and regulations.
Employee (s) who are found to have violated the City Public Purchases Ordinances or
Rules and Regulations may be subject to disciplinary action ranging from written
reprimand to dismissal.
Procedure
The Purchasing Division will, whenever it becomes aware of a purchase which appears to be
in violation of or not consistent with the City's Public Purchases Ordinance or Rules and
Regulations will initiate a "Purchase Ratification Form" completing Section I and II and
forwarding such to the appropriate department director. The Purchasing Officer may proceed
with processing the required documents to initiate payment to the vendor(s) involved if
circumstances so warrant.
Section III and IV will be completed by the affected department. Section III requires that a
complete explanation of the circumstances under which the purchase was made be submitted
to include all applicable dates and names of individuals involved with the transaction. Section
IV requires the identification of steps taken by the department to insure that future purchases
are made in accordance with applicable ordinances and rules and regulations. Department
Director approval is required for Sections III and IV.
Miscellaneous
In instances where there is a need to acquire goods or services quickly or there is some other
element of need which may make a purchase controversial relative to the Purchasing
Ordinance or Rules and Regulations, contact the Purchasing Division to coordinate the
purchase to insure compliance. Except as otherwise delegated by Regulation or City Policy,
departments should not directly commit the City for the purchase of goods or services.
Please make sure that every step is taken to insure that adequate planning occurs so that goods
and materials may be purchased in compliance with the City's Public Purchases Ordinance
and Rules and Regulations.
Lawrence Rael
Chief Administrative Officer

       PURCHASE RATIFICATION FORM
TO:
FROM:
SUBJECT:
I.   The attached purchase requisition(s) is being returned as this purchase made by your
     department does not appear to be in accordance with the following provision(s) of the
     City 's Public Purchases Ordinance or Rules and Regulations:
II.    The Purchasing Division Recommends the following:


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       _____________________________________________________
Purchasing Officer ________________________               Date ___________________
III.   Please explain the circumstances, including dates and personnel involved, of this
       purchase relative to the Ordinance and/or Rules and Regulations cited in Section I of
       this form.
IV.    Please identify steps being taken by your department to insure that future purchases by
       your department are in accordance with he Purchasing Ordinance and/or Rules and
       Regulations.
       _____________________________________________________
Department Director ________________________     Date ___________________
REVIEWED:
____________________________________
Deputy Chief Administrative Officer
____________________________________
Chief Administrative Officer


                          June 13, 2005
          ADMINISTRATIVE INSTRUCTION NO. 3-11 (Repealed)


SUBJECT: Purchase of Personal-Use Items for Use by Employees
Administrative Instruction No. 3-11, effective February 27, 1995, is hereby withdrawn
effective June 30, 2005 and is replaced by Administrative Instruction No. 3-14.
All specialized existing CAO-approved awards programs in place in any department or
agency of City of Albuquerque government as of the date of withdrawal of Administrative
Instruction No. 3-11 are declared null and void.
James B. Lewis
Chief Administrative Officer


                           September 24, 1997
                  ADMINISTRATIVE INSTRUCTION NO. 3-12


SUBJECT: Vendor/City Employee Relations
1. Purpose.
It is the purpose of this policy to establish guidelines and requirements regarding relationships
between City of Albuquerque employees and the vendor community.
2. Scope.
This policy applies to all City of Albuquerque employees and all City procurements.

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3. General.
It is our policy to maintain and practice the highest possible standards of business ethics,
professional courtesy and competence in all of our business dealings. At all times, applicable
laws must be scrupulously observed. In this regard, the following will be observed when
dealing with suppliers and their representatives:
         A.      All provisions of the Purchasing Rules and Regulations (effective 7-1/91),
Chapter XXII, "Ethical Conduct" will be strictly adhered to.
        B.      It is prohibited to accept at a suppliers expense travel, accommodations, meals
and all other gratuities.
       C.       Travel with a supplier is prohibited unless such travel is approved in advance
by the Chief Administrative Officer (CAO). All requests for travel with a supplier will be
submitted on a travel request form and will include the purpose of the trip, name of the firm,
individuals traveling, and the benefit of the trip to the City and Department.
       D.      All suppliers will be afforded prompt and courteous reception, as well as fair
and equal treatment.
        E.      It is prohibited for a supplier to write/develop City specifications unless as a
result of a contract for services. In such case supplier will not be allowed to respond to the
resulting solicitations.
        F.     Specifications development will involve as many suppliers as possible so as to
arrive at a competitive solicitation.
       G.     It is the responsibility of the department receiving goods or services to
document non-compliance issues by the supplier. In those situations where a supplier is
repeatedly non-compliant, the department shall notify the Purchasing Division and provide
documentation relied upon.
Questions regarding this Administrative Instruction are to be directed to the Purchasing
Officer at 768-3545.
Lawrence Rael
Chief Administrative Officer
Date:_____________



                            January 16, 2003
                  ADMINISTRATIVE INSTRUCTION NO. 3-13


SUBJECT: Encumbrance Reporting
Background:
Appropriations provide the legal authority for a governmental entity to spend. Legal limits are

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established when a budget is adopted. Control of the budget must be maintained to ensure .the
limit is not exceeded.
An encumbrance is one tool to assist against overexpending an appropriation. An
encumbrance is a commitment against a current year appropriation for an anticipated current
year expenditure.
Policy:
All departments that obtain goods and/or services from a business or organization must
prepare and submit to the City Purchasing Office a, requisition approved by the department
director or designee. The requisition. will include the type/quantity of goods or services
required, the projected amount to be expended, the required general ledger posting data, and
the contract period or dates the goods are required and other relevant information required by
the Purchasing Office. For contracts that extend beyond the current fiscal year, an estimate of
the expenditures for each fiscal year must be specified, along with the amount of the requested
goods or services included in the current fiscal year appropriation.
Contract Dates/Performance Dates: Multiple year contracts are acceptable. However, the
contract must state that the commitment is for the current fiscal year appropriation only and
that renewals are contingent on future appropriations. Only amounts representing
commitments against current year appropriations will be encumbered.
Encumbrance Limits: Amounts to be encumbered when added to the current fiscal year
expenditures to date may not exceed the related appropriation.
Ongoing Contracts: For contracts with time periods different from the fiscal year, only the
portion of the contract included in the current fiscal year appropriation will be encumbered.
The remainder of the contract that is appropriated in the following fiscal year will not be
encumbered but will be disclosed in the CAFR footnotes as a commitment of the following
year's revenue.
Example: Explora
          annual 12 month appropriation:            07/01/xxxx - 06/30/xxxx
          12 month contract period:          12/01/xxxx - 11/30/xxxx
          encumbrance period:                12/01/xxxx - 06/30/xxxx
Open-Ended Contracts/Agreements: These contracts represent agreements for pricing only
and do not obligate the City to purchase goods or services; therefore, the estimated amount of
purchases will not be encumbered.
Contract Amount: The Purchasing Office, when issuing a purchase order, will include only
the amount encumbered or available for encumbrance in the current fiscal year. Departments
will be required to prepare a Purchase Order Adjustment at the beginning of each fiscal year
(July) to increase the amount of a purchase order for subsequent periods.
Funding Clause: The Purchasing Office will include in all contracts and/or the resulting
purchase orders a statement that indicates that contract extensions for subsequent year periods
are contingent on available appropriations.


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Reporting: The Department of Finance and Administrative Services will distribute
encumbrance reports periodically as determined by the Director for review by departments.
As a part of this review, purchase orders that have had no activity for a specified period of
time determined by the Director of DFAS will be automatically closed unless the department
provides justification that the purchase order is still valid.
Fund Balance Reserved for Encumbrances: As a result of this policy, the reserve for
encumbrances balance at the end of the fiscal year will represent amounts for which goods or
services have been ordered but not received as of the last day of the fiscal year and for which
there is no appropriation in the following year. Goods and services which have been ordered
but not received prior to the end of the year and for which there is an appropriation in the
subsequent fiscal year will be disclosed in the notes to the financial statements as a
commitment of future revenues.
Materiality: Outstanding encumbrances less than $1,000 are excluded from this policy and
will not be reappropriated.
In accordance with section 2-11-12 (B) of the City's Budget Ordinance the reserve for
encumbrances balance at the end of each fiscal year will be reappropriated to the next fiscal
year. The reappropriated funds may be used only for the payment of expenditures that were
previously encumbered.
Questions may be directed to the Accounting Division or Purchasing Division.
                                      Jay Czar /s/
                                      Jay Czar
                                      Chief Administrative Officer



                              July 1, 2005
                  ADMINISTRATIVE INSTRUCTION NO. 3-14


SUBJECT: Purchase of Personal-Use Items for Use by Employees
For the purposes of this Administrative Instruction, personal-use items or consumable items
are defined to include, but are not necessarily limited to, food and beverage items, coffee, tea
and related supplies, coffeepots, microwave ovens, television sets, tape and disc players, and
items of clothing. Items of clothing and uniforms with City or Department patches, printing,
embroidery, labels or logos, with or without the employee's name, are not considered to be
personal-use items.
The City adopts by reference Internal Revenue Service guidelines, as existing or amended,
with respect to the provision of non-taxable employee benefits and achievement awards
subject to the following conditions:
De Minimis (Minimal) Benefits:


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A de minimis benefit is any property or service provided to an employee that has so little
value (taking into account how frequently similar benefits are provided to employees) that
accounting for it would be unreasonable or administratively impracticable. Cash or cash
equivalents, regardless of the amount, are NEVER a de minimis benefit.
Subject to budget constraints, department directors may purchase the following items under
the de minimis benefit provision:
·      Coffee, soft drinks, juices and water for board, commission and committee members
       and assigned staff at a regularly scheduled board, commission or committee meeting;
·      Doughnuts, bagels, breakfast rolls, cookies or similar pastries for board, commission
       and committee members and assigned staff at a regularly scheduled board,
       commission or committee meeting;
·      Food and or beverages for employees furnished at the site of a business meeting or
       activity as a convenience for the department. A written or oral statement that the
       meals are furnished for the department's convenience is not sufficient. There must be
       a substantial business reason; for example, sandwiches and cold drinks provided
       during a working lunch as part of a training session or other group work activity would
       be evidence of a substantial business reason.
·      Cakes and or cookies up to forty dollars ($40.00) for graduation ceremonies or
       retirement open houses open to employees, their families and the public.
All purchases under this section may not be either lavish or extravagant and must be approved
in advance in writing by the Department director.
Athletic Facilities:
Use of an on-premises gym or other athletic facility or equipment on City property may be
provided to employees, their spouses and dependent children.
Achievement Awards for Length-of-Service:
An achievement award for length-of-service is an item of tangible personal property that
meets the following conditions:
·      It is given to an employee for length-of-service;
·      It is awarded as part of a meaningful presentation; and
·      It is awarded under conditions and circumstances that do not create a significant
       likelihood of disguised pay.
A length-of-service award may not be given to:
·      Any employee during the first five (5) years of their employment with the City; or
·      Any employee who received another length-of-service award during the same year or
       in any of the prior four (4) years.



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A length-of-service award is limited to tangible personal property, such as a plaque, watch,
trophy or similar item. Items such as cash, cash equivalents, gift certificates or other
intangible property such as vacations, meals, lodging, tickets to theater or sporting events,
stocks, bonds and other securities are specifically disallowed as length-of-service awards.
Subject to budget constraints, the recommended allowable costs for a length-of-service award
are:
·      For five to nine years of service, $15.00;
·      For ten to fourteen years of service, $25.00;
·      For fifteen to nineteen years of service, $50.00;
·      For twenty or more years of service, $75.00.
A Department director may approve a higher dollar amount for a length-of-service award in
advance and in writing, but in no case may a length-of-service award exceed $100.00.
Annual Picnic or Party:
Subject to budget constraints, and with advance written approval from the CAO and CFO,
each Department may conduct an annual picnic or party for Department employees and their
guests. There may be no more than one such event in each fiscal year. All purchases under
this section may not be either lavish or extravagant.
Other Allowable Purchases:
City funds may be used to purchase personal-use items or consumable items if:
·      The item has been determined in writing by a Department director to be necessary for
       the health, safety or welfare of employees, due to working conditions or the physical
       location of the workstation; or
·      They are used in conjunction with a City-sponsored training program that has been
       approved by a Department director in writing; or
·      The item is required to perform assigned departmental responsibilities or functions.
Unallowable Purchases:
City funds may not be used to pay for retirement lunches, dinners, parties or receptions, or for
graduation or award ceremonies, other than a cake or cookies, as provided above.
City funds may not be used to pay for off-site business meals with City or non-City
employees unless there is a clear and convincing business purpose for the business meal, and
it is neither lavish nor extravagant. Any off-site business meals must be approved in advance
in writing by the CAO.
City funds may not be used to reimburse a contractor for any cost that would not be allowable
had the contractor been a City employee.
City funds may not be used to purchase an item merely for the convenience of one or more

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employees.
Badges and Sidearms:
The City purchases badges and sidearms for certain classes of employees. At retirement, the
retiring employee may purchase from the City that badge or sidearm assigned to them at the
time of their retirement. The Accounting Officer shall determine the fair market value of the
badge and sidearm, which shall be paid into the City treasury prior to the employee's
retirement.
Items purchased from the Mayor's discretionary fund or City Council discretionary funds are
not subject to the provisions of this Administrative Instruction.
Purchases subject to the provisions of this Administrative Instruction must be made in
compliance with the Public Purchases Ordinance and other applicable policies and
procedures. The City's Travel Regulations should be consulted for policies and procedures
related to travel for City business and the payment of travel expenses.
James B. Lewis
Chief Administrative Officer




                                       Vehicles


  July 18, 2002 ADMINISTRATIVE INSTRUCTION NO. 4-1 (Revised)


SUBJECT: Preventative Maintenance and Scheduling of Vehicle Repairs
Background:
Every vehicle or piece of equipment requires periodic maintenance to insure safe, reliable,
cost effective operation over its service life. Each vehicle maintained by Fleet Management
Division (FMD), has been assigned to a detailed multi-tiered preventative maintenance (PM),
program based on vehicle class and application. Adherence to the PM program is mandatory.
Fleet Management Division will issue a PM / Emissions Schedule each month. It is each
Department Directors responsibility to ensure compliance with the schedule. Each month
FMD will send a follow up report to department directors listing those units scheduled for
PM/Emissions testing the prior month('s) that have not received appropriate service. A
monthly report listing vehicles not in compliance with the PM program for 3 or more
consecutive months will be sent to the CAO.
Procedures:


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       1. Bring your vehicles in for Preventive Maintenance and Emissions Testing as
scheduled;
        2. If you have safety-related problems, bring your vehicles in as soon as possible. No
appointment necessary, if the vehicle can not safely be delivered contact Fleet Management
for assistance;
       3. All City vehicles and equipment in need of service and under the maintenance
responsibility of the Fleet Management Division will be reported to the Fleet Management
Division maintenance facility, whether in-house or outside service is required; and
     4. Only the Fleet Management Division is authorized to initiate purchases for parts or
commercial repair for vehicles and equipment under its responsibility.
This Administrative Instruction excludes Aviation, Fire Department Heavy Apparatus, Police
Special Investigations Division, Transit vehicles, and Solid Waste Management.
Jay J. Czar \s\
Jay J. Czar
Chief Administrative Officer



  July 18, 2002 ADMINISTRATIVE INSTRUCTION NO. 4-2 (Revised)


SUBJECT: Vehicle Identification
Establishment:
This Administrative Instruction establishes the vehicle identification policy for all City
Vehicles. The Chief Administrative Officer must approve any exceptions to this policy in
writing.
       1. All vehicles shall have only the city logo on each driver and passenger door:
        2. All vehicles shall have the vehicle number above the logo and on the trunk lid or
tailgate:
       3. Installation of all identification markings (including logos and names) shall be
administered by the Fleet Management Division. As an option, a department's special name
may be installed below the logo on each door.
      4. This Instruction excludes Aviation, Police, Fire, Transit, and Solid Waste
Management vehicles, and off-road landfill equipment.
        5. Unless extenuating circumstances exist, there shall be no exceptions to this policy.
In the event there is such a circumstance, a formal request, which justifies the reason for
deviation from this policy, shall be submitted in writing to the Chief Administrative Officer
for approval. No vehicle identification work shall begin until the request is approved.


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Jay J. Czar \s\
Jay J. Czar
Chief Administrative Officer



  July 18, 2002 ADMINISTRATIVE INSTRUCTION NO. 4-3 (Revised)


SUBJECT: Vehicle Acquisition Policy and Procedures
All specifications developed for vehicle and equipment purchases will be approved by the
Fleet Management Division. To ensure compliance with this policy, all requisitions for these
procurements will be submitted to the Fleet Management Division for review.
Requisitions:
Each requisition submitted must include the following:
       1. Name and phone number of a contact person;
       2. Fund and activity numbers from which the vehicle will be purchased;
       3. Fund and activity numbers from which maintenance costs will be paid;
       4. Proposed specifications, GSA or State contract numbers. Fleet Management
Division will assist user departments with bid specifications or other purchase methods;
       5. Unit number to be replaced or authorization to add to fleet;
       6. A complete listing of all up-fitting (equipment modification) after the City takes
delivery;
        7. A copy of each requisition with fund and activity numbers from which the up-fitting
will be purchased;
       8. Approval by the Budget Department or CIP, as appropriate; and
       9. Authorized Department Signature.
Specifications:
The Fleet Management Division will meet with user departments to review the specifications
for the following;
       1. Appropriateness for application.
       2. Maintainability in city facilities by city personnel.
       3. Warranty meets the city's needs.
Procedure:


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The Fleet Management Division will forward approved specifications and requisition to the
Purchasing Division. The Purchasing Division will not permit departments to change the
specifications without written approval of Fleet Management Division. Purchasing will
provide the Fleet Management Division with a complete copy of the request for bids at the
time bids are let. After bids have been mailed to vendors, all addenda that affect the vehicle
specifications will require Fleet Manager's approval.
Evaluation of bids as they relate to technical specifications will be the responsibility of the
Fleet Manager or his designee. The recommendation resulting from the evaluations will be
signed by the Fleet Manager or his designee and forwarded to the Purchasing Division for
appropriate action.
A copy of all purchase orders issued for the purchase of vehicles or equipment as defined
herein will be forwarded to the Fleet Management Division by the Purchasing Division. It is
the responsibility of the Fleet Management Division to insure that vehicles received meet the
approved specification.
This Administrative Instruction excludes Aviation, Fire Department Heavy Apparatus, Police
Special Investigations Division, Transit, and Solid Waste Management vehicles.
Jay J. Czar \s\
Jay J. Czar
Chief Administrative Officer



  July 18, 2002 ADMINISTRATIVE INSTRUCTION NO. 4-4 (Revised)


SUBJECT: Vehicle Maintenance and Repair Rates
The Fleet Management Division of the Public Works Department is accounted for as an
internal service fund. Therefore, it is necessary to have revenue from the repair and
maintenance of the vehicular fleet to offset the operational and maintenance costs of the
equipment.
The Public Works Department, Fleet Management Division will bill users on a cost per mile
rate (a fee based on vehicle class cost and miles driven) or for actual costs incurred (time and
materials). The cost per mile rate will apply to all vehicles with odometers for the duration of
normal life-cycle. Specialty equipment without odometers and cost-per-mile vehicles retained
past established service life will be billed based on actual costs.
The costs per mile and fixed fees exclude maintenance service not considered normal wear or
required due to driver abuse, accident damage, vandalism, cosmetic (repaint and detail),
vehicle modifications, capitalization and glass replacement. These exclusions will be charged
based on actual maintenance costs.
Jay J. Czar \s\
Jay J. Czar

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Chief Administrative Officer



  July 18, 2002 ADMINISTRATIVE INSTRUCTION NO. 4-5 (Revised)


SUBJECT: CITY VEHICLE USAGE POLICY
This vehicle usage policy supersedes all related administrative instructions and policies. This
policy applies to all city departments and to all city employees with the exception of those
employees granted the right to take home vehicles under the city's agreement with the
Albuquerque Police Officers Association. All existing agreements other than formal contracts,
regarding take-home vehicles semi-take-home vehicles or personal use of city vehicles are
hereby cancelled. For the purpose of this policy, references to "city vehicles" shall mean all
city-owned, leased, rented or loaned vehicles.
General guidelines
       1. City vehicles will be used exclusively for conducting official city business
       2. Employees may be reimbursed, at the current city reimbursement rate, on a per-mile
basis when using personal vehicles for official city business. Prior departmental approval is
required.
       3. City vehicles are not used as transportation to and from work, except as authorized
under Take-Home or Semi-Take-Home vehicles below.
       4. City vehicles are to be parked at designated locations approved by the user
department director or his/her designee.
       5. City vehicles are not to be used for conducting personal business such as:
               a. going out for meals or breaks;
               b. going to banks or credit unions;
               c. shopping;
               d. transportation for non-City employees;
               e: transportation for other City employees not conducting official city business;
               f. going home;
               g. running personal errands; and
               h. visiting relatives, friends, etc.
NOTE: City vehicles may be used for meals or breaks if such use is incidental to the
performance of an employee's duties. For example, meter readers, inspectors, or supervisors
who are on routes, or on City business may stop for meals or breaks as part of such business.

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However, stops shall be in accordance with policy; that is, meals or breaks, should be taken at
establishments, which can serve within the allotted time for meals or breaks. A city vehicle
may not be used for the sole purpose of obtaining a meal or taking a break.
        6. Employees may be personally liable for damages incurred during non-official use of
city vehicles.
        7. Responsibility for each city vehicle shall be assigned by the user department
director (or his/her designee) to an employee who will be responsible and accountable for
ensuring proper maintenance (checking tire pressure, fluid levels, etc.) adhering to
preventative maintenance and emission testing schedules, reporting vehicle problems, and
abiding by all pertinent safety rules and regulations. Any city employee who operates a city
vehicle may be personally liable for vehicle abuse.
       8. City vehicles, in general, are not for the exclusive use of a particular City employee,
but should be used as needed, on a priority basis.
       9. The Fleet Management Division will determine which vehicles are underutilized
and make recommendations for reassignment to the Chief Administrative Officer, on an
annual basis.
       10. City employees driving city vehicles are required to obey all traffic laws. City
employees are personally responsible for traffic citations. All accident damage, no matter how
minor, must be reported in accordance with the Risk Management Procedure Manual.
        11. City employees not abiding with the intent of this policy will be subject to
disciplinary action.
TAKE-HOME AND SEMI-TAKE-HOME VEHICLE GUIDELINES
     1. Definitions:
               a. Take-Home: A vehicle that is authorized in writing, by the user department
director, according to guidelines herein.
                b. Semi-Take-Home: A vehicle that is parked, during non-working hours, at a
location different than the primary place of work of the designated employee.
        2. Employees required to respond to frequent emergency calls during non-working
hours may be assigned take-home vehicles during non-working hours with prior approval of
the department director. Employees assigned such vehicles are required to complete the
application for "Take-Home Vehicles." Applications are available through the Fleet
Management Division, Public Works Department. Completed applications are to be submitted
to the director of the requesting department for recommendation and submittal to the Chief
Administrative Officer (CAO) for final approval /disapproval. After approval by the CAO, the
approved original applications shall be forwarded to and maintained on file by the Fleet
Management Division. All employees using take-home vehicles, even during non-working
hours on a rotating or seasonal basis, are required to have the above formal authorization.
Department directors are responsible for conducting periodic reviews to ensure the number of
emergency calls justifies the continued approval of a take-home vehicle. The department will
maintain records of such reviews.

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       3. Criteria: Applications must meet the following minimum criteria before a
department Director may consider assigning a take-home vehicle.
               a. The employee must live within the city limits.
               b. Must respond to after-hour call outs a minimum of 2 times per week.
               c. Call outs must be to mitigate public health and/or safety emergencies.
       4. Falsification of information on the application may result in immediate revocation
of Take-Home authorization, as well as other disciplinary action.
        5. Department directors may authorize short-term (less than 14 days) take-home of city
vehicles for employees required to attend: meetings or training out of town, late night or early
meetings and other special assignments. Each occurrence requires advanced authorization of
the user department director. Documentation of all short-term take-home vehicle assignment
shall be forwarded to the Public Works Department, Fleet Management Division and
maintained on file.
ACTION
The CAD, department directors and appropriate personnel shall accomplish implementation,
management, monitoring and enforcement of this policy.
This Administrative Instruction is effective immediately. Employees currently driving take-
home vehicles must submit in .July of each fiscal year an annual application for "Take-Home
Vehicles" to their department director, with prior review and concurrence by their division
manager. Use of take-home and semi-take-home City vehicles will not otherwise be
permitted.
Jay J. Czar \s\
Jay J. Czar
Chief Administrative Officer
                              CITY OF ALBUQUERQUE
                         APPLICATION FOR TAKE-HOME VEHICLES
Application Date:                      Department:
         New Application               Division:
         Renewal                       Section:
Employee Name:                          Social Security Number:
N.M. Drivers License No.(attach copy):               Class:      Expiration Date:
Expiration Date of City Vehicle Operator Permit (attach copy):
Traffic violations in last three years (use additional pages if necessary):




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Have you been convicted of Driving while Intoxicated in the last 3 years?
Yes       No     (If yes, please explain details on additional page)
Job Title:                      Job Code #:                   (Attach official copy of job
description and an official copy of the departmental organization chart with position clearly
marked.)
Worksite Address:
Vehicle Parking Location:
Home Address: Telephone:
Mailing Address (if different from home):
Emergency Telephone Numbers:
City:
Is home within the boundaries of the City of Albuquerque. Yes          No
County:
DESCRIPTION OF TAKE-HOME VEHICLE
Make:      Describe emergency equipment on vehicle or equipment transported
Model:                          For each Vehicle:
Year:
License Number:          Describe vehicle's communication equipment:
City Vehicle Number:
Vehicle radio call number or cellular phone number:
Brief description of vehicle:
Approximate distance from residence to worksite (one way):                  miles.
Approximate percentage of time spent at worksite during regular working hours:
Justification for Emergency Use Take-Home Vehicles (Use additional pages, if necessary).




Average frequency of emergencies that required your immediate response during the previous
12 months (per week), using actual historical data, during:
      Working Hours:
      Non-Working Hours:

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Comments:


I certify that the information provided in this application is true and correct. I understand that
falsifying information could result in disciplinary action. Further, I understand that personal
use of city vehicles is prohibited and that I may be personally liable for any damages that
result during non-official use and that I may also be subject to disciplinary action.
Employee Name:                           Signature:                     Date:
                        (Please print)
Division Manager:                        Signature:                     Date:
                        (Please print)
Dept. Director:                                  Signature:                     Date:

                        (Please print)
Chief Admin.:                                    Signature:                     Date:

Officer                         (Please print)
Comments:




Required attachments:
       1. Copy of NM Driver's License
          2. Copy of City of Albuquerque Vehicle/Equipment Operator Permit
          3. Copy of Official Job Description
          4. Copy of Departmental Organizational chart with Position Clearly Marked
Please forward copies of all applications to:
                                    Public Works Department
                                   Fleet Management Division
                                      5501 Pino Road. NE
                                           Building H




                              September 1, 1992
                     ADMINISTRATIVE INSTRUCTION NO. 4-6


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SUBJECT: Civic Plaza - Vehicle Prohibition
Due to a combination of structural movement, accelerated wear to the water proofing
membrane between the Civic Plaza and Civic Center (Underground) Parking Facility, and
other possible damage to the existing park surface, it has become necessary to control
vehicular use on the Civic Plaza.
Therefore, all vehicles regardless of size and weight are prohibited from being driven or
parked on the Civic Plaza.
Departments and Event/Activities sponsors will be responsible for compliance with this policy
and adherence with the following guidelines:
1.     Both ingress and egress to the parking facility shall not be impeded nor blocked to
       parking patrons.
2.     Coordination and concurrence with the Construction Coordination Division of the
       Public Works Department for on-street traffic barricade, for unloading and loading
       purposes.
Exceptions to this policy will require written approval of the Chief Administrative Officer or
his designee with the recommendation of the Transit/Parking Department, Parking Division.
Arthur A. Blumenfeld
Chief Administrative Officer


                              May 19, 1998
                   ADMINISTRATIVE INSTRUCTION NO. 4-7


SUBJECT: City Vehicles Parking in Metered Spaces
This Administrative Instruction refers to City vehicles parking at metered parking spaces
throughout the city, especially in the downtown area, and in some cases parking overnight at
metered spaces. Parking meters are for use by the general public and on occasion by city
vehicles (only with paid meter). Metered spaces are not to be used as daily, weekly or
monthly parking.
City vehicles can park at the Convention Center Parking Structure rooftop parking, by
contract with the Parking Division, Parks and General Services Department. Limited spaces
are available, and would be on a first sign-up basis. Departments which do not address this
situation quickly will have to park at the Fourth and Lead Parking Structure. The
Underground, and Fifth and Copper facilities are full.
Effective June 1, 1998, Parking Meter Attendants will be issuing violation citations to city
vehicles parking in red flagged metered spaces. Unpaid tickets or failure to move vehicles will
result in towing and associated fines. Fines will be the responsibility of vehicle operators
and not the departments.
Lawrence                                                                                   Rael
Chief Administrative Officer

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  July 18, 2002 ADMINISTRATIVE INSTRUCTION NO. 4-8 (Revised)


SUBJECT: Repair to Vehicles that Exceed Book Value
The city will not make repairs to vehicles i n which the repair costs exceed the book value of
that unit. This policy spells out how the city will identify which vehicles to repair, and which
must be removed from service because they are not economically viable to repair.
        1. When any vehicle is brought to any Fleet Management Facility for extensive repair,
a financial investment analyses will be performed. The Fleet Manager will evaluate whether
or not it makes economic sense to repair the unit. A predetermined set of criteria will be used
to evaluate the vehicle including; the mileage, recent repair costs, book value and current
maintenance needs.
        2. The Fleet Manager will not authorize further repair to a vehicle, if the cost of the
repairs exceeds the value of the vehicle or equipment. This rule will apply to all vehicles, with
some flexibility taken into consideration for heavy, specialized, or emergency type vehicles.
        3. Fleet Management staff will prepare a detailed report on all such units specifying
the information listed in 1. above, in addition to a Surplus/Salvage Property form and submit
to the appropriate Department Director for signature. The Fleet Manager will not repair units
that cost more than the value of the vehicle without written approval of the CAO.
This instruction will go into effect immediately.
Jay                          J.                              Czar                             \s\
Jay                                            J.                                           Czar
Chief Administrative Officer



        August 2, 2004 ADMINISTRATIVE INSTRUCTION NO. 4-9


SUBJECT: Prohibiting Smoking on City Property and Vehicles
PURPOSE:
       This Administrative Instruction Governs Smoking on City Property and in and Around
City Vehicles.
DEFINITIONS:
"City Contractor" means (1) anyone working under contract with the City at times they
perform the contract on City property or (2) anyone who is an employee of a company
providing labor to the City at the times they perform services or labor on City property.

"City Employee" means all people employed in any manner by the City and receive any

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compensation      of     any      type     from      the    City     for     their     services.

"City Property" means all real property owned or leased by the City or real property occupied
by City employees in their normal duties. City property includes but is not limited to all
buildings of any type, parking structures and lots and all other structures located on City
property.

"City Vehicle" means any vehicle owned, leased or borrowed for the use by the City. City
vehicle also means any vehicle under the control of any City employee. City vehicle does not
mean a vehicle owned and operated by a City contractor unless such contractor provides a
vehicle       to     the       City       for        use      by      City       employees.

"City Volunteer" means all volunteers for City programs who are under the direction of a
person employed by the City while providing their volunteer services on or at City Property.

"Smoking" or "smoke" means inhaling, exhaling, or burning any lighted cigar, cigarette, pipe
or             other             combustible                tobacco                product.

"Vehicle" means any device in, upon, or by which any person or property is or may be
transported or drawn propelled by a power other than human power, and includes but is not
limited to automobiles, trucks, trailers, motorcycles, tractors, buggies, and wagons. The term
"vehicle" includes all devices regardless of the type or power, including but not limited to
electric power and any type of gas or gasoline power or any combination thereof and any
connected                       trailer                      or                    semi-trailer.

No City employee, City volunteer or City contractor shall smoke on City Property or in a City
Vehicle.
PROHIBITION
No City employee, City volunteer or City contractor shall smoke in or within 30 feet of a City
vehicle   when      such     vehicle      is    not     located     on     City      property.

No person, including but not limited to City employees, City volunteer or City contractors
shall smoke within 30 feet of the entrance to any structure located on City property. This
prohibition      applies       to       all      members          of      the       public.


               ____________________                         ____________
               James B. Lewis, Chief Administrative Officer      Date



                            January 10, 2005
                  ADMINISTRATIVE INSTRUCTION NO. 4-10



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SUBJECT: City Employees with Residence Outside Bernalillo County
         Required to Comply with Vehicle Emissions Testing
City of Albuquerque and Bernalillo County are required to comply with the Regulations
adopted by the City of Albuquerque/Bernalillo County Air Quality Control Board (Air
Quality Control Board). The policy of the City is to improve air quality, protect the public
health        and        require         compliance          with           the         law.

The Air Board has adopted a Regulation that requires all motor vehicles that are more than
four years old and are driven into, operated within or are otherwise present in Bernalillo
County for 60 or more days per year, but are registered in another county or state, to comply
with Air Quality Control Board vehicle emission testing requirements.

Each City employee with a residence outside Bernalillo County to whom this requirement
applies shall obtain a pass vehicle emission test or a valid time extension for each vehicle to
which the requirement applies, and shall deliver written proof to the human resources
coordinator for the City Department that supervises the employee. Written proof shall be
delivered to the human resources coordinator before the end of the month during which
registration for each applicable vehicle is scheduled to expire. Model year 1975 though 1985
vehicles shall be tested annually. Beginning January 1, 2005, model year 1986 and newer
vehicles           shall         be           tested         every         other          year.

By the last day of February each year, beginning with February 2006, each department shall
deliver to the Environmental Health Department Director a summary report documenting
compliance with Administrative Instruction No. 4-10. The summary shall include employee
name, employee's county of residence and zip code, vehicle make and model year, vehicle
license number, vehicle identification number, and the vehicle inspection report number.

City employees who want to participate in free testing as a part of training vehicle emissions
inspectors may call the Vehicle Pollution Management Division at 764-1110 to inquire about
test                                                                               availability.

This Administrative Instruction shall be effective on the date it is signed by the Chief
Administrative                                                                   Officer.


               __________________________________________
                James B. Lewis, Chief Administrative Officer Date



                            March 28, 2005
                  ADMINISTRATIVE INSTRUCTION NO. 4-11


SUBJECT: City Operator's Permit Policy

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The City Operator's Permit Policy contained in the Chief Administrative Officer's Risk
Management Manual has been revised to govern and control the operation of both City owned
and privately owned vehicles when the vehicle is operated on official City business. It is the
responsibility of every City employee operating a motor vehicle during the course of their
employment, or supervising persons operating such motor vehicles, to abide by the
regulations in the City Operator's Permit Policy. Failure of a vehicle operator or supervisor to
follow this Instruction or the regulations of the City Operator's Permit Policy is just cause for
discipline, up to and including termination.
The City Operator's Permit Policy shall become effective on the date of the adoption of this
Instruction for all City drivers who currently possess a City Operator's Permit ("COP"). For
all drivers who are newly required to obtain a COP by the changes in the City Operator's
Permit Policy, the policy shall fully apply to them when they obtain their COP. Drivers
required to have a COP under the policy shall obtain a COP as soon as they are able to
complete the Risk Management Division's defensive driver training and other requirements.
No driver covered by the City Operator's Permit Policy shall be allowed to drive on City
business without a COP after September 15, 2005.
During the six month implementation period the Risk Manager may revoke any employee's
driving privileges who has not yet received a COP if the driver is for any reason deemed unfit
to drive on City business. All employees who are driving on City business during the six-
month implementation period, who have not yet obtained a COP, shall report to their
Department Director any loss of State License or any on-duty accidents.
A copy of the Risk Management Manual, City Operator's Permit Policy, shall be given by
each City Department to each person who operates a motor vehicle on official City business at
the time this Instruction is published. Hereafter, the City Operator's Permit Policy shall be
taught as part of the Defensive Driving Course and given to every person when they receive
or renew their City Operator's Permit (COP).
If a part of the City Operator's Permit Policy is not consistent with the specific requirements
of a union contract, the City Operator's Permit Policy will apply to the employees covered by
the contract in all instances except for the specific part of the Contract that is inconsistent. The
former City Operator Permit policies and contract shall govern the specific inconsistencies
until the inconsistent provisions conform to the new City Operator's Permit Policy.
James                                           B.                                           Lewis
Chief Administrative Officer




                                   City Real Estate


                                    September 1, 1992


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                   ADMINISTRATIVE INSTRUCTION NO. 5-1


SUBJECT: Security Policy for Albuquerque/Bernalillo County (ABC)
         Government Center
The purpose of this Administrative Instruction is to establish City policy and guidelines
regarding security which the Albuquerque Parks and General Services Department will
provide at the ABC Building.
It is imperative that this policy be strictly adhered to and that it be disseminated to all
appropriate personnel.
The following security policy takes in consideration six subjects, which are:
A.      Building Hours
B.     Building Access
C.     Sign In/Sign Out
D.     Property Removal
E.     ID Badges
F.     Emergency Procedures
The following policy is established for each subject:
A.     Building Hours:
               Open Daily:                              7:00 a.m. - 7:00 p.m. Monday through
                                      Friday
               After-Hours:                             7:00 p.m. - 7:00 a.m. Monday through
               Friday
               Saturday, Sunday & Holidays:                   24 Hours
B.     Building Access:
       During after-hours, weekends and holidays, employees must be authorized to enter the
       building. Department directors shall submit to the security desk lists of employees and
       guests who are authorized to enter the building. The Security Officer posted in the
       lobby will verify the authorizations. Non-employees shall be accompanied by
       authorized City employees at all times.
During after-hours, weekends and holidays, both non-employees and employees must
enter/exit through the lobby level entrance only. The Cavan Building skywalk, loading dock
and the door from the underground parking structure will be locked. Keys for the door from
the underground parking structure will be issued to select individuals (Mayor, CAO,
Councillors, etc.).
C.     Sign In/Sign Out Procedure:


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       Authorized employees and non-employees must sign in/sign out for after- hours,
       weekends and holidays at the lobby security station. Security should be alerted to
       Council/Commission Chamber meetings which start at 7:00 p.m. or after, to allow the
       public to enter expediently.
D.     Property Removal Policy:
       City property taken from the building must be accompanied by a property removal slip
       signed by designated supervisor. The property will be inspected by the security officer
       at the main lobby station. Security should be provided with 1) a list of supervisors
       who are authorized to sign the property removal form and 2) facsimiles of the
       authorized supervisors signatures.
E.     ID/Badges:
       During non-working hours City personnel will have their identification cards with
       them, and all employees must wear their I.D. cards where they can be seen by a
       security officer. I.D. cards can be color-coded for restricted access areas.
       1.     The following guidelines are established concerning the issuance of
              identification badges:
              a.      Department directors will submit an application form to the City
                      Treasurer for issuance of identification cards. Forms may be obtained
                      from the Treasurer's Office. His office is located on the first floor of #1
                      Civic Plaza, NW.
              b.      Upon receipt of the blank I.D. card, the department will type in all of
                      the required information.
              c.      The department director's signature and the CAO's signature must be on
                      the card.
              d.      Arrangements can then be made with Office Services for the required
                      photographs and lamination.
       NOTE: Office Services can be contacted to make an appointment for photographs. A
             City of Albuquerque Duplicating Requisition form will be needed by Office
             Services for the photograph and lamination. Call Office Services for
             appointments.
F.     Emergency Procedures for Security Personnel:
       1.     Upon notification of a fire alarm, bomb threat, or other emergency call Fire
              Department: Dial 911.
       2.     Assist occupant evacuation to designated areas (outside building).
              a.      Fire alarm/public address system will provide instruction on pre-
                      recorded tape;
              b.      City Fire Department will provide instructions through public address

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                      system (when they arrive).
       3.      If you are on upper floors, exit through exit stairs.
       4.      DO NOT USE ELEVATORS.
       5.      Handicapped people will be assisted in designated areas by handicap monitors.
               If handicapped personnel need assistance, advise the Fire Department.
       6.      Remain calm: Notify Police or Fire Department personnel of your duties and
               position. They will give further instructions when necessary.
       7.      Once the building is evacuated, assist Fire Department or Police Department as
               requested, DO NOT GO BACK INSIDE UNTIL IT IS CLEARED BY THE
               FIRE DEPARTMENT OR POLICE DEPARTMENT.
If there are any further questions, or whenever security must be contacted, call 768-3636.
Security may also be reached by mobile telephone, call 269-4117.
Arthur A. Blumenfeld
Chief Administrative Officer


                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 5-2


SUBJECT: Albuquerque/Bernalillo County Government Center and Law
         Enforcement--Building Management
This policy shall delineate the building management responsibilities within the
Albuquerque/Bernalillo County Government Center and Law Enforcement Center. The
construction of these facilities has incorporated state-of-the-art mechanical, electrical and
structural components, including a sophisticated fire detection and warning system. It is
essential that proper building management be exercised in order to maintain an appropriate
level of quality. Therefore, this policy is established and will be as follows:
1.      The authority and responsibility for establishing policy and direction for the
        Albuquerque/Bernalillo County Government Center and Law Enforcement Center will
        be that of the City's Chief Administrative Officer and the Bernalillo County Manager.
        They will serve as the decision-making committee for all matters regarding
        management of the facilities. Any additional committee structure regarding the
        management of the new building will be upon appointment by the Chief
        Administrative Officer and the County Manager.
2.     The Chief Administrative Officer and County Manager will appoint an employee of
       the city to serve as Building Manager for the Government Center, and to be
       responsible for the day-to-day management of the building. This management will
       include, but not limited to, the following seven functions:
       A.      Space allocation and requests for changes in floor plans are to be submitted to


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               the Building Manager. These requests will be reviewed and recommendations
               will be furnished to the Chief Administrative Officer and the County Manager
               for a final decision. The process and criteria by which to allocate space and
               alter floor plans will be established by the Chief Administrative Officer and
               County Manager.
       B.      Maintenance of the electrical, mechanical and environmental control and
               related systems for the buildings.
       C.      Establish a preventive maintenance program for all machinery and equipment
               requiring such attention.
       D.      Coordinate the janitorial services. Although the County has the responsibility
               for and direct supervision of the janitorial staff for the Albuquerque/Bernalillo
               Government Center, the overall function will be monitored by the Building
               Manager.
       E.      Oversee the overall function of the security services provided by Parks and
               General Services Department. The security staff will be directly supervised by
               the support division of the Special Services Bureau of Albuquerque Police
               Department.
       F.      Receive and review inquiries and complaints pertaining to the day- to-day
               management of the buildings and advise the Chief Administrative Officer and
               County Manager of these inquiries or complaints so that policy and direction
               may be established if necessary.
       G.      Maintain the buildings in a safe and sanitary condition, which will provide
               maximum standards to safeguard life, health, property and public welfare.
In case of an emergency or general maintenance request, contact the Building Manager.
ACTION:        The Parks and General Services Department will be responsible for
               implementing and monitoring this policy.
EFFECTIVE DATE: This Administrative Instruction is effective immediately.
Arthur A. Blumenfeld
Chief Administrative Officer


                          August 26, 2004
            ADMINISTRATIVE INSTRUCTION NO. 5-3 (Revised)


SUBJECT: Real Estate Records
The Real Property Division is required to keep current and complete records of all real estate
transactions involving leases, easements, purchases, sales, transfers, condemnations and gifts.
This includes property to be leased, purchased or otherwise acquired by the City and property


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owned by the City to be leased, sold or otherwise transferred to the private sector.

It is the responsibility of each department director to involve the Real Property Division in
every real estate transaction, from the earliest possible date. This includes sales, purchases,
trades, leases, easements, gifts, and any other transaction involving real property. No
transaction of any type in any department involving real estate can be initiated or concluded
without the involvement of the Real Property Division.

A transmittal form available from the Real Property Division must be attached to all real
estate documents which are presented for the Chief Administrative Officer's signature. This
transmittal form must be signed by the Legal Department and the Property Manager before
delivery to the Chief Administrative Officer for signature. These documents, after approval
and signature by the Chief Administrative Officer, will be returned to the Property Manager
who will forward the original to the City Clerk/Recorder for filing.

In addition, all summary plats involving vacations, park dedications, or City-owned property
must be signed by the Property Manager or the Property Manager's designee.

Because the Aviation Department maintains their own real property functions, this instruction
does not apply to leases and agreements managed by the Aviation Department.

               ________________________________________
               James B. Lewis                Date
               Chief Administrative Officer


                            October 24, 1996
                   ADMINISTRATIVE INSTRUCTION NO. 5-4


SUBJECT: Disposition of Vacated Streets (Revised)
The following policy shall govern disposition of streets which are requested to be vacated,
pursuant to the City of Albuquerque Subdivision Ordinances, Section 7-11-42.C R.O. 1974,
and pursuant to the extraterritorial platting and planning jurisdiction of the City, Section 3-20-
5 and 3-20-12 NMSA 1978. It should be noted that the City may decide to dispose of the fee
interest in the vacated street, while retaining easements for utilities, drainage, or some other
municipal purpose.
A.      Upon confirmation by Real Property that the City owns the right-of-way fee simple,
        the Real Property Manager shall determine whether to retain all or part of the vacated
        right-of-way for municipal purposes or to dispose of, at market value as determined by
        Real Property, part or all of the vacated right-of-way to abutting property owners.
        Each abutting property owner is entitled to acquire up to the center line of the
        nonessential right-of-way abutting the property owner‟s land. However, if one of the
        abutting property owners fails to notify the City of his or her election to purchase the
        nonessential vacated right-of-way as provided in the ordinance or does not wish to

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       acquire the nonessential vacated right-of- way, the other owner may acquire all of the
       adjoining nonessential right- of-way. The City shall record a final plat of the vacated
       right-of-way retained by the City as an independent lot, or incorporate the vacated
       right-of-way into adjoining City-owned property, if applicable.
B.     If an owner replats a subdivision that vacates all or part of a previously dedicated
       right-of-way and dedicates a new, acceptable right-of-way which has value equal to or
       greater than that of the vacated right-of-way as determined by Real Property, and the
       same owner owns all property abutting the vacated right-of-way, then the vacated
       right-of-way shall be conveyed to the property owner without consideration due from
       the owner, except for a processing fee. However, if the right-of-way to be dedicated is
       less valuable than the right-of-way to be vacated, then the property owner shall be
       expected to pay an amount representing the difference in value between the vacated
       right-of-way and the right-of-way to be dedicated. The City shall pay no
       compensation for dedicated right-of-way of greater value than the vacated right-of-
       way.
Lawrence Rael
Chief Administrative Officer


                           September 1, 1992
                  ADMINISTRATIVE INSTRUCTION NO. 5-5


SUBJECT: Procedures for City Well-Permitting/Water Rights
         Administration
1.     Well-permitting activities and water rights management for all City wells will be
       administered by the Water Rights Office (WRO) of the Public Works Department
       Utilities Group.
2.     The WRO will maintain the City water rights permit (RG 960 et al.) and timely take
       all actions to keep the permit up to date, including applications to change the amounts
       of water that may be diverted under the permit and filing extensions of time. All water
       rights acquired by the City will be dedicated to RG-960 et al.
3.     The WRO is responsible for preparation and submission of State Engineer Office
       (SEO) well-permit applications, submission of necessary advertisements, well records,
       proofs of completion of works, and other SEO forms or information that may be
       required for the construction of new City wells. During the design phase of a new well
       project, City Project Managers will submit to the WRO details concerning the
       proposed well, including CIP project activity number, proposed location (by grid
       coordinates, township, range, section, 1/4 1/4 1/4 section, zone atlas code, and street
       address), depth, capacity, projected water production, and use of the water.
4.     The WRO will send copies of City well-permit applications, well-permit approvals
       and all other SEO forms for all new City wells to the Project Manager for the new well

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       concurrently with its submission to the SEO and upon receipt from the SEO.
5.     The WRO will create and maintain a file on each City well which contains (a) copies
       of City submissions to the State Engineer and State Engineer actions for the well,
       including the permit application and SEO approval, well record (driller's log), and
       proof of completion of well; (b) a complete record of (or cross-reference to) water
       production from the well on an annual basis and annual water chemistry analyses on
       the well as available; (c) information regarding the current status of the well; and (d)
       other pertinent information regarding the well. The WRO files will contain signed
       originals of SEO forms, approvals and other actions. The WRO will be responsible
       for ensuring that files for all City wells in the custody of the SEO are complete and
       kept current.
6.     The responsible City departments will pay to the water Rights Enhancement Activity
       (6013460) a water rights fee for the water production from all City wells that do not
       produce water for the City water system or that are not otherwise operated by the
       PWD water and wastewater divisions and that use water rights attached to City permit
       RG 960 et al. or City San Juan- Chama water. The annual water rights fee for a well
       will be based on the effect in acre-feet of the well on the Rio Grande in the year of the
       charge at the per acre-foot rate for City San Juan-Chama water in that year. The effect
       will be determined by the formula used by the State Engineer to administer City water
       rights. The fee will be assessed prospectively based upon the effect of pumpage from
       an existing well occurring after July 1, 1991, that is attributable to the responsible
       department's pumpage considering the well's full production history. Payment will be
       due in July of the next fiscal year. The WRO will prepare the necessary billings and a
       projected schedule of water rights requirements for the wells for budgeting purposes.
7.     The WRO will submit to the SEO a monthly report of well-meter/well field water
       production readings from all City wells as prescribed by the SEO. The Water Utility
       Division and other divisions and departments that manage wells that use water rights
       attached to permit RG 960 et al. or San Juan- Chama water will submit monthly meter
       readings for each well to the WRO by the fifth day of the following month.
8.     The Water Utility Division and other managers of City wells will timely inform the
       WRO of all significant changes to any well under their control, including significant
       usage changes, well rehabilitation, replacement and closure.
Arthur A. Blumenfeld
Chief Administrative Officer


                           September 1, 1992
                  ADMINISTRATIVE INSTRUCTION NO. 5-6


SUBJECT: Multipliers for Engineering Consultant Agreements
Engineering Services Agreements between the City of Albuquerque and consulting

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engineering firms or persons contain a number termed a "multiplier" which is a value applied
to raw labor costs to compensate consultants for labor, overhead and profit. In order to
establish a maximum amount which the City of Albuquerque will use for the multiplier and to
determine the development of the multiplier for each agreement, the following procedure shall
be used.
A.      Maximum (Upset) Multiplier Value
       The maximum allowable multiplier is 2.97. This multiplier was derived by analyzing
       financial statements of twelve consulting engineer firms compiled by an independent
       accounting firm, analyzing information provided by the Consulting Engineers Council,
       and analyzing industry growth information.
B.     Multiplier to be Used for Individual Engineering Services Agreements
       The multiplier used for each firm will be determined from an audit of a financial
       statement prepared by each firm with the maximum allowed being the "upset
       multiplier" of 2.97. In each case a markup for profit of 15.0% will be the maximum
       allowed.
C.     Time Period for Use of this Procedure
       This procedure shall remain in effect for three years subsequent to its adoption, at
       which time it will be reviewed by the City.
       The effective date of this policy will be November 1, 1989, and all Engineering
       Services Agreements made after this date shall adhere to this policy.
Arthur A. Blumenfeld
Chief Administrative Officer


                           July 2, 1997
          ADMINISTRATIVE INSTRUCTION NO. 5-7-1 (Revised)


SUBJECT: Special Assessment District Policy for Levied Assessments
         Against City-owned Property
The Special Assessment Program is an integral part of the physical development of the City.
The Districts often contain city-owned properties which abut the programmed development
for paving,sidewalks, water, sanitary sewer and storm drainage. These properties are assessed
on the same basis as all other private property in the district. The levied assessments will be
paid under the following policy.
In regards to Special Assessments District (SADs), Public Works shall pay all paving
assessment costs, and all storm drainage assessment costs against City-owned properties
irrespective of what department has operational responsibilities for the particular property;
however, for water and sewer assessments costs, the department which has operational
responsibility for the particular property shall pay for these water and sewer assessment costs.


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The SAD Engineer shall be responsible for estimating the water and sewer assessment costs
and will notify the affected departments, in writing, of these costs. An estimate will be
presented to the affected departments once the SAD Engineer's report is complete and then
final notice will be given to the departments once Resolution #4 of the SAD is complete.
Payment will be due during the 30 day cash pay period after passage of Resolution #5.
The newly-adopted policy will not change previous policy or practice for the non-assessable
City-participating share of SAD construction. Therefore, a continuance of these policies will
be made.
The effective date of this policy will be April 10, 1997, and all SAD funding following SAD
225 shall adhere to this policy.
Lawrence Rael
Chief Administrative Officer
Date:____________



                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 5-8


SUBJECT: Building Maintenance and Alteration/Remodeling Policy
This Administrative Instruction establishes City policy regarding building maintenance,
alterations and remodeling of City facilities. The Facilities Maintenance Division (FMD),
Parks and General Services Department, will provide repair and maintenance services to most
City facilities, with the exception of certain departments which currently have staff which
maintain their buildings/equipment. Limited alteration/remodeling services will be provided
to all City facilities after requests have been approved as specified herein.
Maintenance Policy
There will be no charge for labor or supplies connected with maintenance. Costs to the
general fund of providing maintenance services to non-general-fund programs will be
recovered through the indirect overhead rate determined by the City's central cost allocation
plan. This will allow non-general-fund departments to budget a known amount for
maintenance.
It will be the responsibility of FMD to make the final determination as to the category in
which any given service belongs. These categories are:
A.       "Emergency Maintenance" means work which is brought about by unanticipated
         failure or breakdown, which requires immediate action for the purposes of life, health,
         safety, security or to minimize property damage. (Examples: electrical failure, broken
         water line, heating or air conditioning failure, or jammed exit doors.)
B.     "Urgent Maintenance" means work which is not of an immediate emergency but if left
       unattended could result in an emergency situation or result in additional costs to repair.
       (Examples: faulty electrical wires, switches or fixtures, and clogged plumbing
       fixtures.)


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C.     "Routine Maintenance" means work which is generally required to keep structures and
       equipment in good repair. It preserves that which exists but nothing is substantially
       altered or added. (Examples: painting, repair or replacement of heating, refrigeration
       equipment and boilers, repair of exhaust fans, fix doors and start-up and close-down to
       air conditioning and heating systems.)
D.     "Preventive Maintenance" means regularly scheduled inspections of building
       mechanical equipment. If needed, lubrication, changing of filters and minor repairs
       are provided. If more extensive work is required, the work will be scheduled for
       maintenance repair.
FMD will be responsible for the preventive and other maintenance of boilers in the City
Yards, downtown facilities and most other facilities, with the exception of departments which
currently have staff which are licensed and certified by the State of New Mexico to maintain
and repair boilers.
FMD responsibilities generally do not include maintenance repairs on non-building
equipment, which includes cooking stoves, food warmers, domestic or commercial
refrigerators, ice-making machines, security systems, carpeting and office furniture.
Maintenance repairs for such equipment will be provided in facilities where non-building
equipment is used by multiple users, such as the Albuquerque/Bernalillo County Government
Center, and where funding has been provided for such maintenance repairs.
FMD will repair and replace roofs of City facilities as funding permits, and will coordinate or
oversee roof replacement or repairs on most facilities.
Alteration/Remodeling Policy
FMD will have a limited capability to perform and/or coordinate through outside contracting,
alteration and remodeling jobs. The limitations will be determined by staff and budgetary
resources, total project costs, complexity and type of jobs and project approval.
All requests for work of this nature shall be submitted on "Alteration Request Forms." (copy
attached) Projects must have approval prior to any work being done, as follows:
        FMD can approve projects with a total cost not to exceed $1,500.00.
       Requests with an estimate exceeding $1,500.00 must be approved by the Director of
       the Parks and General Services Department and the department director requesting the
       alteration/remodeling.
       Projects in excess of $5,000.00 will require CAO approval.
If the additional cost of a subsequent change order puts the total amount of the project in a
higher category, the appropriate approval will be required, as outlined above.
Cumulative costs associated with all change orders which are in addition to the original costs,
will be assessed to departments for services performed, which include materials, labor and
allocated overhead rates.
Job estimates will closely approximate actual costs. Changes requested by a user department
will require a new estimate. If the new estimate exceeds ten percent (10%) of the original
cost, a change order will be required to be signed by the same parties who requested and
approved the original work.
FMD will recognize only one person (building liaison) from each City facility or department
when receiving telephone or written requests for maintenance. Department directors should

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appoint such personnel, as all maintenance communication will go through these individuals.
If the user department cannot determine whether the work requested is for remodeling or
maintenance, call the Facilities Maintenance Division for classification.
ACTION:         The Parks and General Services Department will be responsible for
                implementing and monitoring this policy.
EFFECTIVE DATE: The Administrative Instruction is effective immediately.
Arthur A. Blumenfeld
Chief Administrative Officer


                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 5-9


SUBJECT: Energy Management for Occupants of the
         Albuquerque/Bernalillo County Local Government Center,
         (North and South Buildings) and Law Enforcement Center
This instruction outlines energy management responsibilities for all occupants of the
Albuquerque/Bernalillo County Government Center. It is vital that all occupants be aware of,
and practice, the procedures outlined below to help further reduce energy consumption in a
facility designed to be energy efficient.
THERMOSTATS
Properly assigned Building Maintenance personnel are the only individuals authorized to set
thermostats. Each floor has two equipment rooms which contain the heating and cooling
systems for the two zones on that floor. Building Maintenance strives to achieve a year-round
comfort level of between 70-78 degrees Fahrenheit. Tampering with thermostats by
unauthorized individuals will cause hot and cold spots on the respective floor. Occupants are
reminded to take weather into account when dressing for the business day.
AIR REGISTERS
Occupants will not tamper with the ceiling registers, since such action can cause airflow
imbalances throughout the building. Airflow problems are to be corrected by Building
Maintenance only.
LIGHTING
Office workers must familiarize themselves with light switches and corresponding banks of
lights. If an area is to be vacant for 30 minutes or longer, lights are to be turned off. Do not
use lighting when it is not needed. The use of natural lighting is recommended when possible.
Natural lighting is an energy saver, and it is also healthier than manufactured lighting.
OFFICE MACHINES
While most office machines are small consumers of electricity, their combined consumption
for any given length of time can be significant. Shut off calculators whenever they are not
being used. Personal computers use a small amount of electricity and can be left on for

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extended periods without significantly affecting the utility budget. Printers and electric
typewriters should be turned off if not being used. Copying machines should be turned off at
the end of each working day. All office equipment should also be turned off if it is not in use,
unless otherwise specified by manufacturer's warranty or maintenance agreement.
PORTABLE HEATERS
All portable heaters are prohibited in this facility unless approved by Building Maintenance.
FANS
Small fans such as fixed position or oscillating types are allowed in the building, but ceiling
fans are prohibited.
APPLIANCES
Heat-producing appliances such as cook-top stoves, hot plates or microwave ovens will not be
allowed within office areas. The kitchen areas on the south side of levels three through eleven
will accommodate cooking needs. Refrigerators and coffee makers may be permitted,
depending on their condition, in specified areas determined by Building Maintenance. Prior
approval must be obtained before these appliances are installed. Refrigerators must have
energy guide labels attached which indicate high efficiency and low cost.
PROBLEMS
In a situation which is perceived to be an energy management problem, please call Resource
Management, Parks and General Services Department. If office environmental conditions
warrant attention, contact Building Maintenance.
Arthur A. Blumenfeld
Chief Administrative Officer


                           September 1, 1992
                  ADMINISTRATIVE INSTRUCTION NO. 5-10


SUBJECT: Life-Cycle Costing Ordinance Implementation
Effective immediately the Life-Cycle Costing Ordinance will be administered through
procedures followed by the Public Works Department's Selection Advisory Committee and
Design Review Committee for new City buildings and remodel/retrofit projects for existing
City buildings. Since the Ordinance includes office space leases, the Finance and
Management Departments' Purchasing Division shall ensure that provisions for compliance
will be defined in requests for proposals as they are issued.
The following is a step-by-step procedure to ensure full compliance with the Life-Cycle
Costing Ordinance (0-118, Enactment No. 23-1991).
1.      Request for Proposals
       New Facilities and Major Remodels
       5,000 Square Feet or Greater



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       A statement shall be included in the Request for Proposals (RFP's) informing
       respondents that Life-Cycle Costing Analysis will be required at the end of the
       schematic design phase and asks respondents to provide proof of Life-Cycle Costing
       Analysis knowledge and/or experience in facility design and operation. Facilities
       which are going to be 10,000 square feet or greater, including remodels, will require
       computer energy modeling utilizing the acceptable software programs described in the
       Energy Systems Standards Manual. The Manual is described under Item 3 of this
       instruction.
       Leased Facilities
       The RFP for leased space shall include a statement that a Life-Cycle Costing Analysis
       will accompany the response by the owner.
2.     Selection Advisory Committee
       Selection Criteria
       The Selection Advisory Committee will evaluate respondents' Life-Cycle Costing
       experiences described in proposals from architectural firms to design a new City
       building or remodel an existing City building. A minimum of five (5) points shall be
       assigned to the item on the evaluation form. 5-10-1
       Professional Services Agreement
       Once the City Council has approved the selection of an architectural firm, the
       professional services agreement shall include a Life-Cycle Costing Analysis as an
       additional service. The fee may be negotiated, but it should generally follow the Life-
       Cycle Costing Manuals cost figures: 3.5 cents to 4.4 cents per square foot, depending
       on the size of the building.
3.     Energy Systems Standards
       New Facilities and Major Remodels
       The selected architectural firm will be given a Manual by the City architect to assist
       with design development and Life-Cycle Costing Analysis. The manual discusses
       general and specific preferences under the headings of Architectural, Mechanical
       (including building automation), and Electrical (primarily lighting). Under Life-Cycle
       Costing Analysis, methodologies are discussed for facilities 5,000-10,000 square feet,
       and acceptable software for those facilities 10,000 square feet or greater.
       Leased Facilities
       The Manual will be distributed to interested parties whenever an RFP is issued for
       leased space.
4.     Schematic Design Phase
       At the end of the schematic design phase for new or remodeled City buildings, the
       architectural firm will submit to the Design Review Section of the Public Works


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       Department, two Life-Cycle Costing Analyses to identify the most beneficial operating
       costs for new facilities or major remodels. The analyses shall be submitted on the
       form included in the Manual. The Parks and General Services Department, Resource
       Management Division, will be primarily responsible for reviewing the analyses and
       making recommendations for leased facilities. The submittal will be made directly to
       the Parks and General Services Department.
5.     Energy System Selection
       New Facilities and Major Remodels
       The analysis will identify the most energy-efficient building design. However, the
       particular design may not match the programmed construction budget. Therefore, the
       selected energy system building design may be modified to stay within construction
       budget constraints.
       Leased Facilities
       The purpose of the Life-Cycle Costing Analysis for leased facilities is to allow the
       City to develop comparative operating costs for the various facilities offered for lease
       by the respondents. Therefore, only one analysis for each proposed facility is
       required.
Arthur A. Blumenfeld
Chief Administrative Officer


                            March 14, 1994
                 ADMINISTRATIVE INSTRUCTION NO. 5-11-1


SUBJECT: Implementation of Energy Policies and Strategies for City
         Buildings
The city of Albuquerque has adopted Polices for an Energy Strategy (Resolution R-317,
January 3, 1994). The Resolution's fundamental goal is to achieve a ten percent reduction in
energy consumption for the entire community within five years. The city of Albuquerque, as
a major consumer of energy, particularly in buildings, will take a leadership role in addressing
this goal, which was created by the Five-Year Goals, and One-Year Objectives process.
This administrative instruction establishes responsibilities and a coordinated method to reach
this goal.
A.      Energy Manager
       The Resource Management Division of the Parks and General Services Department
       shall serve as the Energy Manager for City facilities. The Energy Manager shall work
       directly with City Departments and building representatives to:
       1.      Provide each building and department with information on their energy use
               patterns.

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       2.     Conduct on-site energy audits.
       3.     Develop specific energy improvement recommendations for each City
              building.
       4.     Carry out educational activities, including workshops and newsletters, with the
              employees of individual buildings.
B.     Energy Management Committee
       An in-house, inter-departmental Energy Management Committee (EMC) appointed by
       the Mayor and/or Chief Administrative Officer will provide oversight in the effort to
       control consumption in municipal operations, coordinate energy efficiency programs
       and improvements, and track their effectiveness. During the five year period, the
       EMC will be responsible for:
       1.     Evaluating the economic justification for energy efficiency programs and
              projects, such as: the creation of an Energy Savings Payback Fund;
              involvement with the United States Environmental Protection Agency's
              Greenlights program; and developing, prioritizing and submitting projects to
              the Capital Improvement Program for funding.
       2.     Coordinating energy education efforts and assistance programs with other
              public and private institutions.
       3.     Soliciting funding from outside sources for energy efficiency projects to
              leverage city funds, including the investigation of opportunities to finance
              municipal activities through utility franchise agreements.
       4.     Reviewing and updating the Energy Policies and Strategies document every
              two years.
       Membership on this Committee shall be appointed by the Mayor or Chief
       Administrative Officer, and will include representatives from all City Departments.
C.     Building Representative
       Each department shall designate energy representatives for each building under their
       jurisdiction to work with the Energy Manager and the Energy Management Committee
       to implement energy efficiency activities within their building, using the attached
       guidelines. (Energy efficiency efforts within the City/County Building and the Law
       Enforcement Center will also involve Administrative Instruction No. 5-9.) Each
       department and building energy representative, with the assistance of the Energy
       Manager, shall develop and implement an Energy Management Plan to reduce
       projected energy use by ten percent. Each energy representative shall be responsible
       for ensuring the implementation of:
       1.     The attached Guidelines for Managing Building Energy Costs.
       2.     No-cost programs, including setting back heating and cooling thermostats at
              night, and turning off unused lighting and computers.

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       3.      Energy audits, educational activities, and energy efficiency modifications
               within their building.
Lawrence Rael
Chief Administrative Officer

       GUIDELINES FOR MANAGING BUILDING ENERGY COSTS
1.     Designate an energy official for each building to implement and coordinate energy efficiency
       efforts.
2.     Review monthly gas and electric bills to better understand how much energy your building is
       using.
3.     Turn back thermostats, both heating and cooling, at night and on weekends.
4.     Turn off lights even for thirty minutes or less. It is not true that it takes more energy to restart
       the light, or that the bulbs will have to be replaced sooner.
5.     Turn off computers, copiers, and other equipment when not in use. Leaving your computer on
       during non-working hours can cost up to $340 per year.
6.     Examine hot water use in the building. Fix all leaky faucets immediately. Set your hot water
       heater at 120 degrees. Have the hot water tank and the pipes around it insulated. If this does
       not provide enough hot water, ask for a hot water check-up.
7.     Clean the coils on all refrigerators, water coolers, and coke machines. It will save energy and
       make things colder.
8.     If you have major electrical equipment in your building, such as welders or pottery kilns, do
       not run them all at the same time. Spread their use out evenly during the day.
9.     Make a list of energy maintenance projects for your building, including weatherstripping, hot
       and cold spots, drafts, lighting, single pane windows, etc.
10.    Make an inventory of energy consuming equipment in your building, such as computers, copy
       machines, faxes, refrigerators, stoves, soft drink machines, shop equipment, etc. Include their
       rated power use, hours turned on during the day, and specific maintenance needs.
11.    Develop and institute a preventive maintenance program for your building's heating and air
       conditioning equipment to keep equipment in good working order and lower your energy
       costs.
12.    Arrange with Resource Management to conduct a one hour workshop with your employees on
       how to make your building more energy efficient and comfortable.
13.    Call Resource Management for a complete energy audit of your building, including lighting,
       heating and cooling, hot water, and the building itself.



                            September 5, 1996
                   ADMINISTRATIVE INSTRUCTION NO. 5-12

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SUBJECT: Preferable Paper Purchase Policy (Revised)
Purpose
A municipality‟s interest is served when government can make efficient use of natural
resources by maximizing recycling and preventing waste wherever possible. The City of
Albuquerque should, through cost-effective waste prevention and recycling activities, work to
conserve disposal capacity, and serve as a model in this regard for private and other public
institutions.
Policy
In recognition of Earth Day 1996, 80 percent of all printing, writing and industrial paper
purchased by City departments must contain a minimum of 20 percent post-consumer material
or alternative fibers when such is cost reasonable. This requirement it to be applied in al
future purchases (including those made by small purchase orders) of writing and industrial
paper and any material printed for City departments by outside vendors. At the discretion of
the Chief Administrative Officer, specified printed documents may require that such be
printed exclusively on recycled or alternative fiber products.
Printing and writing paper refers to high speed copier paper, offset paper, computer printout
paper, carbonless paper, file folders, white woven envelopes and other uncoated paper.
Industrial paper refers to paper towels and toilet tissue.
All City departments will by the end of 1998 increase the amount of post-consumer material
for printing, writing and industrial paper to 30 percent.
When the price for recycled or alternative fiber products for printed material, writing and
industrial paper is within 10% of the lowest responsive virgin material offered and is the
quality adequate for the purpose intended, the award will be made for the recycled or
alternative fiber product(s).
Questions relating to this issue are to be directed to the Purchasing Officer.
Lawrence Rael
Chief Administrative Officer


                            January 5, 1999
                  ADMINISTRATIVE INSTRUCTION NO. 5-13


SUBJECT: Solicitations Within City Hall and City Controlled Areas of the
         City-County Building
Given that the government's ownership of this property has not opened it up as a public forum
and that it would be disruptive to the business required to be conducted within this property,
in the Frank Horan City Hall and the City controlled areas of the City-County Building all
solicitations by either commercial or non-profit organizations shall require the prior approval
of the Chief Administrative Officer of the City of Albuquerque. Such approval shall be
granted based on a determination that it will not be disruptive to government business and that
the number of requests previously granted for the same period of time does not make such a
request a disruption.

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This Administrative Instruction applies to all commercial solicitations and solicitations by
non-profit organizations, excluding non-profit solicitations by city employees.
Lawrence Rael
Chief Administrative Officer


                          November 17, 2000
                 ADMINISTRATIVE INSTRUCTION NO. 5-14-1


SUBJECT: Elimination of Water Waste through Plumbing Fixture Leaks
         and Malfunctions in City Facilities
The City of Albuquerque is committed to water conservation.
1.     City plumbing maintenance staff shall respond within twenty-four hours to repair or
       replace leaking plumbing fixtures in City-owned facilities.
2.     The Water Conservation Program shall provide mirror stickers or signs to post in all
       City-owned facilities where water is used encouraging employees and clients to report
       plumbing malfunctions and leaks immediately and providing a number to report such
       occurrences.
3.     Signage shall be in place by December 31, 2000.
Lawrence Rael
Chief Administrative Officer
Date: 11/30/00


                            March 28, 2001
                 ADMINISTRATIVE INSTRUCTION NO. 5-15-1


SUBJECT: Approval of Eminent Domain Actions
All eminent domain actions must be approved by the Chief Administrative Officer before the
action is filed.
Lawrence Rael
Chief Administrative Officer
Date: 3/28/01


         July 18, 2003 ADMINISTRATIVE INSTRUCTION NO. 5-16


SUBJECT: Design Approval of Construction Projects

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On all construction projects that involve remodel or new construction of publicly owned
facilities, the Municipal Development Department shall review and approve the design of
such projects to determine whether the proposed design has incorporated such proper
efficiencies to reduce long-term maintenance and operational costs of the facility.
                        ________________________________________
                        Jay J. Czar, Chief Administrative Officer  Date


         July 20, 2004 ADMINISTRATIVE INSTRUCTION NO. 5-17


SUBJECT: TIPPING FEES RELATED TO MITIGATION BY REMOVAL OF
         FORMER LANDFILL SITES
The residents of the City of Albuquerque have, over the years, generated substantial amounts
of rubbish that have been disposed of at both permitted and un-permitted landfill sites. As a
result of the continuing growth of the City, a number of former landfill locations may be
attractive as sites for surface development in the near future. The City wishes to encourage a
strategy of mitigation with respect to former landfill locations that would result in the removal
and relocation of the rubbish from those locations to an existing permitted landfill with
appropriate environmental protections.

The City adopts the following policies with respect to tipping fees associated with the removal
of rubbish from former landfill locations to an existing permitted landfill:

1.      On the properties where the City generated the rubbish at a City owned and/or
operated landfill registered with the State of New Mexico and located on property wholly
owned by the City, the City will waive all tipping fees for any individual or business entity
willing to relocate, at their cost, the rubbish to the City of Albuquerque's Cerro Colorado
landfill; and

2.      On properties where the City generated rubbish at formerly City owned and/or
operated landfills registered with the State of New Mexico and located on property not
presently owned by the City, the City will reduce the tipping fees by no less than 50% nor
more than 80%, depending on the facts and circumstances, for any individual or business
entity willing to relocate, at their cost, the rubbish to the City of Albuquerque's Cerro
Colorado landfill; and

3.     On properties where the City generated the rubbish at formerly City owned and/or
operated landfills registered with the State of New Mexico and located on property not
presently owned by the City, but is adjacent to property owned by the City, if the individual or
business entity will agree to relocate, at their cost, rubbish from the City-owned property
concurrently with the relocation of rubbish from the non-City-owned property, the City will
waive all tipping fees on equal amounts of rubbish relocated from both City-owned and non-
City owned property to the City of Albuquerque's Cerro Colorado landfill; and



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4.      On properties where the City did not generate the rubbish and/or where the former
landfill was not registered with the State of New Mexico and the property is not owned by the
City, the City may determine, on a case-by-case basis, whether tipping fees will be waived or
reduced for any individual or business entity willing to relocate, at their cost, the rubbish to
the City's Cerro Colorado landfill. Factors to be considered in determining whether tipping
fees should be waived or reduced shall include, but are not limited to, the risk to the general
public, the risk of migration of pollutants to adjacent property that may or may not be owned
by the City, and the risk of groundwater contamination.

For all rubbish removed in association with this Administrative Instruction, each individual or
business entity agreeing to relocate the rubbish, including any special waste or other material
restricted from disposal in the City's Cerro Colorado landfill, assumes responsibility for
properly disposing of all excavated material. The tipping fee waiver also applies to tires
excavated as a result of the qualifying projects. However, tires qualifying for the waiver shall
be separated from the other rubbish and delivered to the landfill separately, and shall not
exceed 10% of the accepted volume from any approved project.

All projects granted a waiver or reduction of the tipping fee must be approved by the Chief
Administrative Officer, or designee, in writing, prior to excavation of the rubbish. Projects
must comply with all applicable state and federal laws as well as all regulations, ordinances
and guidelines of the City of Albuquerque. A waiver of all or part of the tipping fee must
consider the ability of the City's Cerro Colorado landfill to accept the rubbish.

Every three years, the Environmental Health Department shall assess the risks associated with
known former landfills and identify the priority order for the relocation of rubbish from those
landfills to the City of Albuquerque's Cerro Colorado landfill. That priority will be used to
determine which properties will be considered for waived or reduced tipping fees in situations
2) and 4) above.

This policy is effective for the fiscal year beginning July 1, 2004.


               James B. Lewis /s/           7/20/04
               James B. Lewis               Date
               Chief Administrative Officer



                                   Other Property


                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 6-1


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SUBJECT: Disposition of Surplus Library Materials
The purpose of this Administrative Instruction is to establish City policy and guidelines
regarding the disposition of library surplus materials. Disposition of library surplus materials
will be an exception to the disposition of other City personal property surplus materials as
required by Administrative Instruction 6-2.
Library surplus materials, as defined below, are items of City personal property which are part
of the Library inventory and have been designated as no longer useful or necessary. Each
library surplus materials item is of little value in itself. A large volume of the materials
becomes available on an almost daily basis. As a result, substantial work must be expended,
and storage and handling of the library surplus materials are a problem for the City.
Therefore, the following guidelines establish the procedures for identifying and disposing of
City library surplus materials.
Policy: Library Surplus Materials Identification and Designation
1.     "Library Surplus Materials" are items of City personal property which are included in
       the Library inventory and which are worn or outdated or which duplicate existing
       inventory. Library Surplus Materials include books, magazines, records, printed
       material and audiovisual material. They do not include furniture, fixtures, equipment
       or vehicles.
2.     Library Surplus Materials which no longer are necessary to perform their intended
       functions or which are worn, outdated or duplicates may be designated Library Surplus
       Materials by the Library staff.
3.     The Library is authorized to dispose of Library Surplus Materials to a not-for-profit
       organization in return for services to be provided to the Library by that organization,
       including accepting delivery of the Library Surplus Materials, sorting, processing,
       packing for storage and other related services which will benefit the City. Any such
       agreement will be made in writing and must be reviewed and signed according to
       standard City procedures.
4.     The Accounting Division, Property Accounting Section, Department of Finance and
       Management, may review both the disposition procedures and any written agreement
       concerning the disposition of Library Surplus Materials.
Handling of Any Proceeds from Disposition of Library Surplus Materials
If a not-for-profit organization contracts with the City and, as a result of the organization's
disposition of the Library Surplus Materials, obtains any net profit, then the net proceeds will
be paid by the organization to the City or will be applied by the organization to the benefit of
the Library. If any proceeds are paid to the City, the proceeds will be deposited to the
Revenue Accounts of the originating fund. The written agreement between the City and the
organization disposing of Library Surplus Materials will establish that the Library staff and
other City employees may perform periodic or sporadic reviews of the records of the
organization to verify appropriate handling of any proceeds.
Arthur A. Blumenfeld
Chief Administrative Officer


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                         September 3, 1996
            ADMINISTRATIVE INSTRUCTION NO. 6-2 (Revised)


SUBJECT: Control of Fixed Assets and Disposition of Surplus Property
         and Salvage
1.     PURPOSE
The purpose of this Administrative Instruction is to establish City policy and guidelines
regarding property control of fixed asset inventories and the sale and transfer of City surplus
and salvage tangible personal property. Fixed assets consist of equipment, vehicles, and
furniture. Fixed assets which become obsolete, or are no longer required by a department,
become surplus. Salvage is defined as a non-fixed asset item with a salvage value, which has
been taken out of service, such as scrap metal or used water meters which retains a market
value.
It is the responsibility of the Property Accounting Liaison in each department to see that
property control procedures, as described herein, are followed within the department/division
to which they are assigned and that periodic property inventories of fixed assets are carried
out. The liaison shall contact the Accounting Division and Property Accounting supervisor
regarding questions which concern the control of City property (fixed assets), excluding real
property, and contact the Purchasing Division Internal Services Supervisor on questions
regarding the disposition of surplus or salvage items.
2.       PROCEDURES
       A.      Property (fixed assets) no longer required by a department (except vehicles) are
               designated as surplus and may be made available to other departments as
               follows:
               All transfers of fixed assets from one administrative unit to another shall be
               documented by completing a Surplus/Obsolete Property Form and forwarding
               to Property Accounting by the Department transferring the assets within ten
               working days from date of physical transfer.
               Vehicles, except Police, Fire, Transit and Solid Waste, no longer required by a
               department will be turned into the Fleet Management Division, Parks and
               General Services Department. Police, Fire, Transit and Solid Waste vehicles
               will be turned-in to the Internal Services Surplus Yard. All vehicles, prior to
               being turned in, will be clear and free of debris.
               B.      User departments are not required to notify the Accounting Division,
               Property Accounting Section, concerning salvage items when they are turned
               in to the Purchasing Division, Internal Services Section.
               Obsolete items may be declared surplus by a user department provided the
               items can no longer be used with existing equipment, have been replaced with
               an improved item, safety or environmental reasons prevent the use of the item
               or other reasons found to be valid and documented by the user department.

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       C.     Repair parts declared surplus by the user department due to obsolescence but
              which are still functional or new (unused) shall:
              1.      Be made available to all departments by the user department prior to
                      transfer to surplus status. To ensure that a need does not exist on a City
                      wide basis, the user department must provide a written notice which
                      must include a listing of the items and the intent to declare such
                      surplus.
              2.      Subsequent to the determination that the obsolete items (new) are not
                      required on a City wide basis, they shall be made available to the
                      supplier(s) of such for 1) cash reimbursement in an amount equivalent
                      to the market value of the items minus a restocking charge, 2) credit
                      equivalent to the market value of the items minus a restocking charge,
                      3) exchange for like items of equivalent value minus a restocking
                      charge.
              Items not required by any City department, or which have been rejected by
              suppliers of such on an equivalent value basis, may be turned-in as surplus to
              the Internal Services Section. The turn-in of obsolete items will be
              accompanied by a Surplus/Obsolete Property Form and a written
              memorandum, signed by the Director of the department, declaring the items
              surplus, the reason the items are surplus, detailing the attempts to make such
              available to other City departments and efforts to return such to suppliers for
              equivalent or market value.
              Departments may, if the obsolete repair parts are of significant value either
              individually or in aggregate, request the Purchasing Division to issue a
              competitive bid with a minimum acceptable offer provision equal to a
              reasonable sale price. To insure maximum return on obsolete items, user
              departments should periodically identify obsolete items under their control for
              disposition.
       D.     If an item (fixed asset/property) is lost or stolen, a completed Surplus/Obsolete
              Property Form must be submitted to Property Accounting identifying the
              division, the activity number to which the asset will be charged, a description
              of the property, the general condition of the property, and the property tag
              number. A police report must accompany the form if the item has been stolen.
       E.     Surplus and salvage items, except vehicles as identified under Item 2.a, will be
              delivered to a site designated by the Purchasing Division, Internal Services
              Section. Vehicles other than Police, Fire, Transit, and Solid Waste will be
              delivered by Fleet Management (see Item 3.C) to the surplus yard located at
              the Pino Yards Complex. All deliveries must be coordinated in advance with
              the Internal Services Section Warehouse Supervisor. Items which are not fixed
              assets or salvage items, and which do not have a market value, are to be
              disposed of by the user department.
3.     DISPOSITION OF SURPLUS PROPERTY

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       It is imperative that diligent and professional judgment is exercised in the declaration
       of tangible personal property owned by the City as surplus and in establishing the fair
       market value. The use of City-owned property must be maximized. When tangible
       personal property items are no longer useful to the City, maximum compensation must
       be sought upon sale to the public. Therefore, the following guidelines are established
       for disposing of or transferring City property. Property which is no longer required to
       perform the intended function of a department, is obsolete, is worn out to such an
       extent that it is no longer economical to repair, or is unsafe, may be designated as
       surplus by the department director.
       A.     No City employee shall directly dispose of any City property. City property,
              other than real property, can only be disposed of by the City Purchasing
              Officer or his designee.
       B.     All property, except vehicles other than Police, Fire, Transit and Solid Waste,
              declared surplus by a department director will be transferred through the
              Accounting Division, Property Accounting Section, for holding and disposition
              by the Purchasing Division, Internal Services Section, in accordance with the
              transfer procedures listed herein.
              When a department determines that a fixed asset is no longer serviceable or is
              considered excess, a completed Surplus/Obsolete Property Form shall be
              forwarded to Property Accounting. This form must include the reason for
              declaring it surplus. If there is no City property number, a serial or model
              number must be included. After the Property Accounting Section has noted the
              property as surplus, it will sign the form and return to the user department who
              will then coordinate with the Internal Services Section, Purchasing Division to
              turn-in the item(s). At time of turn-in, the user department must provide the
              properly signed and completed Surplus/Obsolete Property Form to the Internal
              Services Section.
       C.     Vehicles, except Police, Fire, Transit and Solid Waste, when no longer
              required by a department, will be turned in to the Fleet management Division,
              PGSD, by completing a “Surplus/Obsolete Property Form” and obtaining the
              approval of the Fleet Management Division. Fleet Management will at this
              time make a determination as to whether the Vehicle is to be transferred to
              surplus or to Fleet Management. If the vehicle is to be kept by Fleet
              Management for use as a pool car or for reassignment at a later date, the
              “Surplus/Obsolete Property Form” will reflect a transfer from user department
              to Fleet Management. If it is determined that the Vehicle is to be disposed of,
              the form will require an authorization signature from Fleet Management and
              reflect a transfer to Surplus Property, and the vehicle shall be taken by Fleet
              Management to the surplus yard. In either case, the form with an approval
              signature by Fleet Management will be transmitted to Property Accounting for
              an appropriate transfer.
       D.     Replacement vehicles, except Police, Fire, Transit, and Solid Waste, we'll be
              received and issued by the Fleet Management Division, Parks and General


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              Services Department. No replacement vehicle will be issued until the vehicle
              being replaced has been turned in per Item 3 of this section.
       E.     Under no circumstances will Fleet Management accept transfer of a vehicle
              strictly for the purpose of cannibalization. All vehicles transferred will be for
              the purpose of repairing such, if needed, and utilizing the vehicle in a car pool
              or for reassignment. No vehicles will be transferred from the surplus yard to
              any user department without the approval of the Purchasing Officer and the
              CAO.
       F.     To ensure that vehicle fleet size is managed, Property Accounting will provide
              a list of all vehicle transfers and additions to the Budget Division on an as-
              required basis.
ALL PROPERTY HAVING BEEN DECLARED AS SURPLUS OR SALVAGE WILL BE
PLACED UNDER THE PHYSICAL CONTROL OF THE PURCHASING DIVISION
INTERNAL SERVICES SECTION FOR DISPOSITION. IT IS THE RESPONSIBILITY OF
THE DEPARTMENT TURNING IN THE PROPERTY TO PHYSICALLY MOVE THE
ITEMS DECLARED SURPLUS OR SALVAGE TO THE DESIGNATED SURPLUS
HOLDING AREA BY MAKING AN APPOINTMENT TO DO SO WITH THE
PURCHASING DIVISION, INTERNAL SERVICES SECTION.
THE SALE, TRADE, OR OTHER DISPOSAL OF TANGIBLE SURPLUS PROPERTY BY
ANY MEANS OTHER THAN BY THE PURCHASING DIVISION IS PROHIBITED.
     G.    The Purchasing Division, Internal Services Section will ensure that property
           which is of no further use to the user department is made available to other
           City departments. All departments will routinely be notified (via bulletin) of
           property declared surplus and available for internal transfer prior to the
           property being declared eligible for sale by auction or sealed bid. However,
           vehicles which have been declared as surplus may not be transferred to another
           department (see 3.E.).
       H.     Surplus, obsolete and unclaimed personal property will be disposed of in one
              of the following manners by the Purchasing Division, DFA:
              1.      Transferred to another City agency:
                      a.     At no cost if the fair market value is less than $1000 and item
                             was not purchased with enterprise or internal service funds;
                      b.      At a cost of 25% of fair market value (regardless of market
                              value) if item was purchased with enterprise or internal service
                              funds unless otherwise determined by the CAO or prohibited by
                              Federal/State grant provisions or court order.
                      Transfer or sale of all vehicles (on or off road), regardless of cost, also
                      requires the approval of the Fleet Manager, Parks and General Services
                      Department.
                      Fair market value of vehicles will be determined by the Fleet
                      Management Division, P&GS Department in coordination with the


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                      Purchasing Division.
                      No property will be disposed of until such time that notice is provided
                      by the Purchasing Division to City agencies of its availability and
                      related cost.
                      All transactions involving the transfer or sale of surplus, obsolete or
                      unclaimed property will be processed utilizing a Surplus/Obsolete
                      Property Form.
              2.      Sold, if market value exceeds $1,000, by bid or auction in accordance
                      with the Public Purchases Ordinance.
              3.      Sold, if market value is $1,000 or less, by bid or auction with the
                      following exceptions:
                      a.      Sale is to another governmental agency. Sale price will be 50%
                              of the fair market value plus an administrative fee of $50.
                      b.      Sale is to a non-for-profit organization as registered with the
                              State of New Mexico. Sale price will be at fair market value
                              plus an administrative fee of $50.
              4.      Recycled materials (scrap material which retains a salvage value) will
                      be sold through a competitive process determined by the Purchasing
                      Officer.
       I.     Monies generated through the sale of surplus, obsolete and unclaimed
              properties (except vehicles and recycled materials) will be deposited to the
              fund from which the item(s) were purchased. Revenues from vehicles and
              heavy equipment will be deposited to fund 730 and credit provided by the
              Fleet Management Division, P&GS Department to the fund/activity from
              which the item(s) were purchased.
       J.     The Purchasing Division is responsible for coordinating the use of property
              items used as trade-ins in the acquisition of new property items.
       K.     The Purchasing Division, with the assistance of user departments, will be
              responsible for determining, when necessary, the fair market value of surplus
              items. A professional appraisal may be required if, in the opinion of the
              Purchasing Officer, the value or type of items(s) require such. The cost of an
              appraisal will be home by the user department.
4.     ACTION
Department directors will notify the DFA Accounting Officer in writing of the names of the
employees who are assigned the responsibility of Property Accounting Liaisons within their
departments or separate divisions and changes in such assignments which occur thereafter.
Lawrence Rael
Chief Administrative Officer


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                             September 1, 1992
                    ADMINISTRATIVE INSTRUCTION NO. 6-3


SUBJECT: Establishment of Property Accounting Liaisons and Property
         Accounting Procedures
Purpose
The purpose of this instruction is to establish a Property Accounting Liaison in each
department or division for the proper control of fixed asset inventories. Fixed assets consist of
equipment, vehicles and furniture. Each department director will determine, based on
organizational needs, whether liaisons will be appointed on a department or division basis.
The responsibility of the Property Accounting Liaison is to see that property control
procedures, as described below, are adequately followed within the department/division and
that periodic property inventories are carried out. The liaison shall contact the Property
Accounting Supervisor in DFM Accounting regarding questions which concern the control of
City property, excluding real estate.
Procedures
A.       All transfers of fixed assets from one administrative unit to another shall be by a
         memorandum to Property Accounting prepared by the unit transferring the assets
         within ten working days from date of physical transfer. The memorandum will
         identify the division to which the assets are transferred, the activity number of that
         division, a description of the property, the general condition of the property, and the
         property tag number.
B.       If an item is damaged beyond economic repair or lost, a memorandum to Property
         Accounting is required with the same information and reason for disposal. The
         property item will be moved to Surplus Yard by the department.
C.       If an item is stolen, a police report must accompany the memorandum.
D.       All equipment being turned in to Surplus Property because it is no longer serviceable
         must be accompanied by a memorandum before Property Accounting can accept it.
         The memorandum must include the name of the item, City property number, a serial or
         model number must be included. It is the responsibility of the department turning in
         the property to make arrangements for transferring its materials to the City's surplus
         warehouse/yard and notifying Property Accounting.
E.       Property Accounting will be responsible for supplying periodic inventory lists of
         equipment to the department or division liaisons.
Action
Please notify the Accounting Officer, DFM Accounting, in writing with the name of the
liaison person(s) who will be assigned the responsibility of Property Accounting Liaison
within your department or within your separate division, and any changes in such assignment
that occur thereafter. The Accounting Officer will provide a list of the liaison persons to the

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Chief Administrative Officer.
Arthur A. Blumenfeld
Chief Administrative Officer


                           April 17, 2000
            ADMINISTRATIVE INSTRUCTION NO. 6-4 (Revised)


SUBJECT: Capitalization of Fixed Assets
Background:
Accounting standards require Governments to maintain detailed records for each fixed asset
by classification. The term fixed asset typically is used to refer to land, buildings, equipment,
and improvements other than buildings acquired by a government for use in the provision of
goods and services to the citizens. Fixed assets are defined as assets that have a useful life of
greater than two years after the date of acquisition. Public-sector managers must maintain
adequate control over all assets to minimize the risk of loss or misuse. Fixed assets that are
reported on the balance sheet are referred to as "capitalized". It is the intent of this policy to
establish the capitalization threshold based on state statute.
Policy:
It is the policy of the City to charge all disbursements in amounts of more than $1,000 per
item for furniture and equipment to capital outlay expenditure accounts (53XXXX accounts).
These items are assigned a city tag number(s) by Property Accounting with identifying
numbers and are capitalized by Accounting as Fixed Assets. General ledger accounts were
established as of July 1, 1995, in with to record computer-related expenses regarding MIS
hardware and software. Reference should be made to the Chart of Accounts to ensure the
proper accounts are utilized.
Furniture and equipment costing $1,000 or less per item will be charged to operating expenses
and will not be tagged and recorded as a fixed asset. Departments, however, should also
exercise control over their noncapitalized assets by establishing and maintaining adequate
control procedures.
Lawrence Rael
Chief Administrative Officer


                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 6-5


SUBJECT: Use of City Property
Municipal officials and workers have an obligation to the public to be prudent and careful in
their use of public property. Property which is purchased and maintained with public funds


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must be used for City business only. Administrative Instruction Number 4-5 details the policy
for use of City vehicles. This Administrative Instruction concerns the use of other items of
City property, including (but not limited to) typewriters, calculators, furnishings, and tools.
City property must be used exclusively for the benefit of the public. Such property is not
provided for the personal use of City employees. With this as the basic underlying policy, the
following guidelines have been developed and will apply to the use of City property.
GENERAL GUIDELINES
The use of office equipment such as typewriters, calculators, computers, furnishings, and
work-related tools shall be restricted to official business only. Personal use of such materials
is prohibited. If there arises a question concerning whether such use is of public or personal
interest, a decision should be obtained from the department director or his designee.
Regarding the take-home use of City property such as those items noted above, prior
permission should be obtained from the department director or his designee.
Should there be questions on the part of department directors regarding the use of City
property, such questions should be referred to the Chief Administrative Officer for his
determination of appropriateness.
Arthur A. Blumenfeld
Chief Administrative Officer


                             January 8, 1996
                   ADMINISTRATIVE INSTRUCTION NO. 6-6


SUBJECT: Fuel and Hazardous Material Storage Tanks
In order to minimize the possibility of environmental contamination and avoid the associated
liability, it shall be the policy of the City to regulate the installation, management, removal or
modification of all underground storage tanks, above-ground storage tanks and associated
piping systems storing or conveying fuel or other hazardous materials, that are owned or
operated by the City or that are located on City property. It shall be the policy of the City to
comply with all environmental regulations governing the storage and dispensing of fuels and
hazardous materials, including, but not limited to: Federal regulations promulgated under the
Resource Conservation and recovery Act and the Comprehensive Environmental Response,
Compensation, and Liability Act; the New Mexico Underground Storage Tank Regulations
(EIB/USTR-1 through 15); the New Mexico Hazardous Waste Act; and the fire codes of the
City of Albuquerque and of Bernalillo County.
The Parks and General Services Department (PGSD) is assigned the leadership role in
implementing these regulations, and all departments shall comply with the tank construction
and management requirements specified by PGSD. These requirements shall include, but will
not necessarily be limited to, the following:
1.       Each City department is responsible for notifying PGSD of all storage tanks
         containing fuel or hazardous materials that are owned or operated by that department,
         or that are owned or operated by any tenant on City property that is under the
         jurisdiction of the department.


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2.     Any department contemplating the construction, modification, or closure of fuel or
       hazardous material tanks or dispensing systems shall contact PGSD prior to any
       planning and design efforts, to ensure compliance with current City policy and all
       applicable City, State, and Federal regulations.
3.     All City-owned and City-operated tank installations shall comply with the City of
       Albuquerque and Bernalillo County fire codes (Uniform Fire Code, as adopted and
       amended by the respective local authorities.
4.     All new fuel or hazardous material tank installations and modification of existing tank
       systems performed after the adoption of this Administrative Instruction shall conform
       to the following standards. Any deviation from these standards must be approved in
       writing by PGSD before the tank system is installed or modified:
       A.     A 30-year warranty on tank system integrity shall be provided by the tank
              manufacturer and/or installer;
       B.     An appropriate warranty, generally at least one year, shall be required on the
              integrity of any underground piping associated with any tank system;
       C.     All tanks and underground product lines shall be of double- containment
              design, which for tanks may be accomplished either by installing a double-
              walled tank or by placing a single tank within a concrete vault; in either case,
              there must be appropriate provision for monitoring of the interstitial space and
              for removal of materials from the interstitial space in the event of a leak from
              the inner portion of the tank or product line;
       D.     Leak detectors, spill and overfill prevention devices, and cathodic protection of
              all buried ferrous metal components shall be specified for all tank installations;
       E.     Entry ports of underground storage tanks shall be provided only through
              manways at the top of the tank;
       F.     Removal, installation, and modification of underground or above- ground
              storage tank systems shall follow all applicable federal, state, and local
              regulations, and shall be subject to inspection by state tank inspectors and by
              representatives of the City and County fire departments;
       G.     Two sets of as-built drawings shall be required for all new or modified storage
              tank systems, one set to be retained by the user department and the other by
              PGSD for a period of time equal to the life expectancy of the tank system;
       H.     The user department shall provide PGSD a site development plan for review
              and approval, before proceeding to final design and installation of any new or
              substantially modified fuel or hazardous material storage tank system;
       I.     Installation and repair of storage tank systems shall be performed only by
              qualified contractors and their employees, in accordance with the requirements
              of federal and state regulations; removal of fuel and hazardous substance
              underground storage tank systems shall be performed only by qualified


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               contractors having on their staff at least one employee who has successfully
               completed 40 hours of hazardous waste operations training, as specified in
               OSHA 1910.120, and who shall be available for oversight of operations on
               City property;
       J.      The City shall comply with all financial responsibility requirements set forth in
               EIB/USTR Part IX and the associated federal underground storage tank
               regulations; and
       K.      The Director, Environmental Health Department, shall provide technical
               assistance as requested by PGSD.
5.     PGSD, in consultation with user departments, is authorized to establish mandatory
       procedures for the day-to-day management of all City-owned and -operated fuel and
       hazardous material storage tanks and dispensing systems. Such procedures shall be
       designed to ensure compliance with all applicable environmental and safety
       regulations, and shall reflect the best management practices current in the fuel and
       hazardous materials management industries at the time of implementation. The
       procedures will include requirements for documentation of all fuel usage and other
       fuel transactions, including deliveries and transfers, on a daily basis. At sites where
       equipment for automatic recording of fuel transactions is not installed, daily usage and
       other transactions will be recorded manually by personnel of the user department.
       PGSD will provide appropriate forms for the recording of fuel usage, deliveries and
       transfers. Copies of these forms, filled out accurately and completely, shall be
       submitted to PGSD by the user department monthly, or more frequently if required by
       PGSD. It is the sole responsibility of the user department to ensure that record-
       keeping is complete and accurate. Failure to submit accurate documentation to PGSD
       in a timely manner will result in the termination of future fuel deliveries.
6.     Commencing with the Fiscal Year 1997 budget, a per gallon surcharge will be added
       by PGSD to the cost of fuel provided to City users. The proceeds of this surcharge
       will be designated to provide a continuing source of funds for necessary upgrades and
       modifications of City fueling facilities.
PGSD staff is available for assistance and participation in the resolution of issues related to
the management of fuel and hazardous material storage in underground and above-ground
storage tank systems.
Installation, removal or modification of fuel or hazardous material storage tanks by tenants on
City property is subject to all requirements contained in this Administrative Instruction,
including review and approval by PGSD. It is the responsibility of the City department
overseeing the tenant lease to communicate this requirement to the lessee and to provide all
appropriate information to PGSD for its review and approval. PGSD has final approval
authority with regard to proposed tank removal, renovation, installation, or replacement by
tenants on City property. However, day-to-day operation and inventory control of tenant
tanks shall be the sole responsibility of the tenant.
PGSD shall be responsible for registration of tanks and for payment of any registration fees
associated with fuel and hazardous material storage tanks owned by the City of Albuquerque,
provided that the user department has properly notified PGSD of all pertinent facts regarding


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the tanks. In the event that any user department fails to notify PGSD in a timely manner of
the presence, installation, modification, or removal of any fuel or hazardous material storage
tank operated by the user department, the user department shall be responsible for any back
fees and fines that may be assessed by regulatory authorities as a result of the City‟s failure to
properly register or manage the tank.
This Administrative Instruction shall remain in effect until amended.
Lawrence Rael
Chief Administrative Officer


                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 6-7


SUBJECT: Utilities Clearinghouse
In order to establish enhanced management of the electricity, and natural gas utilities, there is
a need to establish a utilities clearinghouse for municipal operations. The Utilities
Clearinghouse is created by this Administrative Instruction and will be the responsibility of
the Resource Management Division, Parks and General Services Department.
With the exception of Aviation and Water and Sewer activities, all City agencies will be
required to follow the procedure outlined below when utility services are needed:
Electricity and Natural Gas Service
       1.      The user agency may initiate electricity and natural gas service from the
               appropriate utility, but it must fill out a Requisition and Disbursement Request
               Form with the address, activity number, and description of the service required.
               This requisition will be the instrument to add new accounts to the monthly
               utility composite.
       2.      The user agency will then send the requisition to Resource Management,
               Fourth Street Yards, which will verify the proper assignment of address,
               activity number, rate structure, and responsible user, if necessary.
Annual Update
At the beginning of each fiscal year, a new requisition will be required to update the monthly
utility composite. Failure to submit the proper updated requisition could result in
disconnection of service.
This Administrative Instruction shall become effective immediately.
Arthur A. Blumenfeld
Chief Administrative Officer


                           September 30, 1994
                  ADMINISTRATIVE INSTRUCTION NO. 6-8-1


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SUBJECT: Elimination of Use of Drinking Water for Wastewater
         Treatment Processes and Landscape Irrigation at the
         Southside Water Reclamation Plant
The City of Albuquerque is committed to water conservation.
1.     The Southside Water Reclamation Plant shall implement the recommendations stated
       in the May, 1994, report on "Southside Water Reclamation Plant Effluent Treatment
       and Reuse." The reuse options recommended will result in the savings of
       approximately 160 million gallons per year.
2.     Implementation shall be complete by 1996.
Lawrence Rael
Chief Administrative Officer
Date


                          September 30, 1994
                 ADMINISTRATIVE INSTRUCTION NO. 6-9-1


SUBJECT: Identification of Opportunities for Water Conservation and
         Elimination of Water Waste in City-Owned Facilities,
         Properties, and Infrastructure
The City of Albuquerque is committed to water conservation.
1.     Methods to reduce use of water will be identified and remedied by each Department
       Director. Departments will initiate internal action to begin this process immediately
       and will cooperate with the Conservation Officer in documenting uses, proposing
       reduction, identifying costs associated with these reductions, and scheduling
       implementation of these changes.
2.     Water use reductions requiring significant expenditures shall be described in issue
       paper format for consideration in the FY96 budget or in the next capital improvement
       program budget cycle. These water conservation opportunities will be prioritized
       during budget preparation for implementation in FY96 or subsequently.
3.     It is illegal by Ordinance to allow irrigation or other non-precipitation water to enter
       the public right-of-way. Short-term solutions should be implemented as quickly as
       possible (see attachment). Retrofit which requires significant expenditures shall be
       identified and costs to implement estimated in issue papers for the FY96 budget. If
       significant capital expenditures are necessary and cannot be programmed in FY96, a
       variance for the use shall be obtained through the Public Works Director. Other uses
       of water which are wasteful, such as washing of vehicles, will be modified to eliminate
       on-site ponding and/or runoff onto the public right-of-way.
4.     All municipal uses of water shall be metered, including currently non- metered uses
       such as older parks, sewer and storm drain cleaning equipment, and street cleaning

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       vehicles. Water used for fire suppression is exempt from this requirement.
5.     All usage from City-owned wells, whether operated by the Water Utility Division or
       other divisions, shall be monitored and included in any calculations of water use and
       reductions.
6.     Water savings as a result of water use reduction and waste elimination will be
       documented and reported to the Water Conservation Officer and CAO annually.
Lawrence Rael
Chief Administrative Officer
Date
       WAYS TO REDUCE WASTED WATER
Check irrigation systems frequently, particularly in areas close to sidewalks or walkways,
where vandalism and accidental damage are more likely.
Observe at the time of day that the system will be operating since water pressure can vary
with the time of day.
Repair broken or damaged heads and realign heads that are spraying sidewalks or streets
within 24 hours.
Reduce time and amount of flow to minimum needed to maintain vegetation.
Water in a number of short time increments.
Check air conditioners often and repair within 24 hours of leaking.
Use shut-off nozzles on hand-held hoses.
Do not water when it is windy or is raining.
Install sprinkler heads at least six inches from the sidewalk.
Use sprinkler heads with low spray.
Do not use turf in areas less than ten feet wide.
Use grasses that require less water.


                          September 30, 1994
                 ADMINISTRATIVE INSTRUCTION NO. 6-10-1


SUBJECT: Water Conservation Related to Plumbing Fixtures and
         Landscaping in City-Owned Facilities, Properties, and
         Infrastructure
The City of Albuquerque is committed to water conservation. In order to begin this reduction,
the following become mandatory on October 1, 1994.
1.      All future plumbing fixtures purchased and/or installed by the City shall be low flow
        fixtures, including 1.6 gallon per flush or less toilets, 1.0 gallon per flush or less
        urinals, 2.5 gallons per minute or less shower heads, and 2.5 gallons per minute or less
        faucets. This includes newly- installed and replacement fixtures in public housing
        units and in all City-owned facilities.



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2.     No more than 20% of the landscaped area for new or remodeled City properties or
       facilities, other than parks and golf courses, shall contain high water use plants,
       including bluegrass (See "Albuquerque Plant List").
Lawrence Rael
Chief Administrative Officer
Date


                           November 6, 1996
                  ADMINISTRATIVE INSTRUCTION NO. 6-11


SUBJECT: Environmental Assessment of Real Property Acquisitions
The following policy shall govern the acquisition of all real property by the City by purchase
under real estate contracts. This policy shall not apply to the acquisition of real property by
eminent domain or by plat dedication.
For all purchases of real property, the City, through the Property Manager, shall obtain the
following environmental assessments of the real property by qualified licensed environmental
consultants as a precondition to the closing of the real estate contract:
1.      A Phase I Environmental Assessment.
2.      A Phase II Environmental Assessment if the Phase I Environmental Assessment
        recommends a Phase II inspection.
3.     A Phase III Environmental Assessment if the Phase II Environmental Assessment
       recommends a Phase III report.
4.     The City shall require the completion of the Phase III Environmental Assessment
       Report recommendations, if any, as a precondition to the closing of the real estate
       contract.
       The completion of the Phase III Environmental Assessment Report recommendations
       may, however, be required as a condition subsequent to the closing of the contract if 1)
       the City requires the immediate use of the real property; 2) the environmental
       condition of the real property does not prevent the City from using the real property
       for the purposes for which the City will acquire the real property; 3) the City use of the
       real property will not interfere with the completion of the remediation work; 4) the
       environmental hazard to be remediated is not a hazardous substance, hazardous
       material or toxic substance under the Comprehensive Environmental Response,
       Compensation and Liability Act of 1980, as amended, 42 U.S.C., Section 9601 et seq;
       the Hazardous Materials Transportation Act, 49 U.S.C., Section 1801 et seq; the
       Resources Conservation and Recovery Act, 42 U.S.C., Section 6901 et seq; the laws of
       New Mexico; and 5) the seller provides the City with a financial security or guarantee
       that will cover the cost of the remediation and inspection by appropriate federal, state
       or local agencies with the authority to certify to the completion of remediation.
The City shall not purchase any real property that is contaminated with any hazardous

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substance, hazardous material or toxic substance under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C., Section 9601 et
seq; the Hazardous Material Transportation Act, 49 U.S.C., Section 1801 et seq; the
Resources Conservation and Recovery Act, 42 U.S.C., Section 6901 et seq; the laws of New
Mexico.
Lawrence Rael
Chief Administrative Officer


         May 11, 2004 ADMINISTRATIVE INSTRUCTION NO. 6-12


SUBJECT: Balloon Fiesta Park
The Balloon Fiesta Park is the largest park in the City. In January 2004, the City Council
adopted Resolution 325 Establishing an Operations and Management Policy Board to Oversee
the Balloon Fiesta Park. From the Resolution:

"The Board shall recognize, promote and develop the uniqueness of the Balloon Fiesta Park,
oversee the implementation and vision of the Balloon Fiesta Park Master Development Plan
and develop a world-class ballooning and park facility for the citizens of Albuquerque and the
State of New Mexico. The Board is charged with assuring the balance of public and private
uses and for securing unrealized financial funding for the operation and development of the
Park."

"The Board shall act on behalf of the City regarding the Park. However, no contract,
agreement, license may be approved without the Mayor and City Council approval.
Conversely, the Mayor or City Council may not unilaterally approve any contract, agreement,
license, lease or budget without the review and recommendation of the Board. All scheduling
for the Park must be reviewed and approved by the Board. The City reserves the right to
block out dates for citywide public events".

Balloon Fiesta Park is used for ballooning, various special events, recreation field practice and
other activities and the park is also leased to several different entities. To ensure the use of
the park is well coordinated, all City departments are required to coordinate with the Policy
Board concerning possible uses of the park. The lead City department for the park is the
Parks and Recreation Department.

Jay Czar_/s/___________               5/11/04__
Jay Czar                              Date
Chief Administrative Officer




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                                       Personnel


                         October 24, 2003
         ADMINISTRATIVE INSTRUCTION NO. 7-1 (Revision 3)


SUBJECT: Substance Abuse Policy Manual
PART 1
A.     PURPOSE:
        The City has a vital interest in maintaining safe, healthful and efficient working
conditions for its employees. Being under the influence of alcohol, or the presence of certain
drugs in the body system, may pose serious safety and health risks not only to the user but to
all those in contact with the user. By resolution, the City Council adopted an employee
substance abuse and drug and alcohol testing policy and directed the Chief Administrative
Officer to promulgate directives to implement that policy. This policy manual was adopted by
the Chief Administrative Officer to provide a detailed explanation of the City of Albuquerque
substance abuse policy and procedures. The purpose of this policy is to provide for a safer
environment for all employees and the public, comply with Federal mandates regarding
substance abuse in the workplace and establish guidelines to, maintain a drug and alcohol-
free, workplace in compliance with the Drug-Free; Workplace Act of 1988. It is intended that
this Substance Abuse Policy Manual will be interpreted and implemented in a manner
consistent with anti-discrimination requirements including the Americans with Disabilities
Act. Consistent, with the Drug-Free Workplace Act of 1988, all employees are prohibited
from engaging in the unlawful, manufacture, distribution, dispensing, possession, or use of
prohibited substances in the workplace including City premises, City vehicles, while in
uniform or while on City business. All employees are required to notify the City of any
criminal drug statute conviction for a violation occurring in the workplace within five days
after such conviction. Failure to comply with this provision shall result in disciplinary action,
up to and including termination.
B.      APPLICABILITY
        Applicants for City employment in safety-sensitive positions are subject to pre-
employment drug testing. Employees in safety-sensitive positions are subject to pre-
employment, random, and post-accident drug/alcohol testing. All employees are subject to
reasonable suspicion drug/alcohol testing. It shall be the responsibility of the Director of the
Human Resources Department to determine which positions are safety-sensitive and to notify
the affected employees of their status.
        Part 1 of this policy manual applies to public safety (police, fire and corrections)

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employees and all other employees who have been designated safety-sensitive pursuant to the
City's own authority. Part 1 also requires reasonable suspicion testing for all City employees.
        Part 2 applies to employees who are safety-sensitive because they are required to hold
a Commercial Drivers License by the regulations of the Federal Motor Carrier Safety
Administration.
        Part 3 applies to Transit Department employees who are designated safety-sensitive by
the regulations of the Federal Transit Administration.
        Part 4 addresses the City's efforts to encourage employees to voluntarily seek
assistance regarding substance abuse through the Employee Assistance Program.
C.      DEFINITIONS
      Accident means an occurrence associated with the operation of City equipment,
machinery or vehicles, if as a result--
      (1)     An individual dies;
       (2)     An individual suffers a bodily injury and immediately receives medical
               treatment away from the scene of the accident;
       (3)     One or more vehicles incurs disabling damage as the result of the occurrence
               and is transported away from the scene by a tow truck or other vehicle. For
               purposes of this definition, disabling damage means damage which precludes
               departure of any vehicle from the scene of the occurrence in its usual manner
               in daylight after simple repairs. Disabling damage includes damage to vehicles
               that could have been operated but would have been further damaged if so
               operated, but does not include damage which can be remedied temporarily at
               the scene of the occurrence without special tools or parts, tire disablement
               without other damage even if no spare tire is available, or damage to
               headlights, taillights, turn signals, horn, mirrors or windshield wipers that
               makes them inoperative.
        Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohols contained in any beverage, mixture, preparation or medication.
        Canceled Test is a drug test that has been declared invalid by a Medical Review
Officer. A canceled test is neither positive or negative.
        Medical Review Officer (MRO) means a licensed physician (medical doctor or doctor
of osteopathy) who has knowledge of substance abuse disorders and has appropriate medical
training to interpret and evaluate an individual's confirmed positive test result, together with
his/her medical history and any other relevant bio-medical information, responsible for
receiving laboratory results generated by the City's drug testing program.
        Prohibited drug means marijuana, cocaine, opiates, amphetamines, or phencyclidine.
For sworn members of the Albuquerque Police Department, prohibited drug shall also mean
barbiturates, benzodazepines, methadone, methaqualone and propoxyphene.
        Public safety employees are sworn members of the Albuquerque Police and Fire
Departments, members of the Aviation Police, Open Space Rangers and the security staff in
the Corrections Department.
        Refuse to submit (to a drug/alcohol test) means that an employee or applicant fails to
provide an adequate breath or urine sample without a valid medical explanation, after he or
she has received notice of the requirement to be tested in accordance with this policy, refuses

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to sign necessary consent forms, provides a specimen with a temperature out of range without
a valid medical explanation, or engages in conduct that clearly obstructs the testing process
including failure to arrive at the collection site at all or in a timely manner.
        Safety-sensitive employee means a City employee who performs the duties of a safety-
sensitive position as determined by the Director of the Human Resources Department.
        Safety-sensitive position means a City position which the Director of the Human
Resources Department has determined should be classified as safety-sensitive. At a
minimum, under Part 1 of this policy manual all public safety employees and employees with
access to Controlled Substances will be classified as safety-sensitive. The following criteria
shall be used as a guide for determining additional positions to be classified as safety-
sensitive; the extent to which the job responsibilities impact upon the safety of the public; the
extent to which the job responsibilities expose the employee or co-worker to hazardous
conditions; and, the extent to which the job responsibilities require responsibility for the
physical safety of others.
        Substance Abuse Professional (SAP) means a licensed physician (medical doctor or
doctor of osteopathy) or licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the National Association of Alcoholism and
Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience
in the diagnosis and treatment of drug and alcohol related disorders.
        Verified negative test means a drug test result reviewed by a medical review officer
and determined not to contain prohibited drugs or their metabolites above the cutoff levels
established for laboratories approved to conduct D.O.T. testing.
        Verified positive test means a drug test result reviewed by a medical review officer and
determined to contain prohibited drugs or their metabolites above the cutoff levels established
for laboratories approved to conduct D.O.T. testing.
D.      EDUCATION AND TRAINING
        This policy manual shall be provided to every City employee and training and
education programs shall be made available. Supervisors will receive a minimum of sixty
minutes of drug and alcohol specialized training designed to promote the necessary skills to:
               --     Inform employees of this policy,
               --     Enforce this policy,
               --     Identify the signs of drug and/or alcohol use,
               --     Intervene constructively, and
               --     Integrate an employee effectively back into his/her work group
                      following intervention and/or treatment.
        Non-supervisory employees will receive a minimum of sixty minutes training on the
effects and consequences of prohibited drug and/or alcohol use on personal health, safety, and
the work environment.
E.      PROHIBITIONS
        (1)    Employees are prohibited from reporting to work under the influence of
alcohol or drugs or from consuming or possessing drugs or alcohol during assigned work
hours including lunch periods, rest breaks and periods when the employee is on-call.
        (2)    No employee shall consume alcohol within the four (4) hours prior to the start
of the employee's scheduled shift.
        (3)    No safety-sensitive employee shall consume alcohol for eight (8) hours


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following involvement in an accident or until he/she submits to the post-accident drug/alcohol
test, whichever occurs first.
F.      PRE-EMPLOYMENT TESTING
         (1)    All offers of employment for safety-sensitive positions shall be extended
conditional upon the applicant passing a drug test. An applicant shall not be hired into a
safety-sensitive position unless the applicant takes a drug test with a verified negative result.
         (2)    A non-safety-sensitive employee shall not be placed, transferred or promoted
into a safety-sensitive position until the employee takes a drug test with a verified negative
result.
         (3)    If an applicant fails a pre-employment drug test, the conditional offer of
employment shall be rescinded. Failure of a pre-employment drug test will disqualify an
applicant for employment for a period of 120 days.
         (4)    When an employee being placed, transferred or promoted from a non-safety-
sensitive position to a safety-sensitive position submits a drug test with a verified positive
result, the employee shall be subject to disciplinary action in accordance with section J herein.
G.       REASONABLE SUSPICION TESTING
        (1)     An employee of the City shall be required to undergo a drug/alcohol test if
there is reasonable suspicion that the employee's alcohol or drug use could impair job
performance and/or safety.
        (2)     Reasonable suspicion shall mean that there is objective evidence, based upon
known specific, contemporaneous, articulable observations of the employee's appearance,
behavior, speech or body odor that would lead a reasonable person to believe that the
employee:
                a)      is under the influence of alcohol or drugs while on duty; or,
                b)      is in possession of or using, transferring, selling or purchasing alcohol
or drugs during work hours including lunch or break or while on City property or in a City
vehicle; or,
                c)      is a public safety employee who has recently illegally possessed,
transferred, used or sold a prohibited drug.
        (3)     An employee's admission of abuse of alcohol or use of prohibited drugs to a
supervisor in his/her chain of command, an EAP Counselor, or a provider of medical services
under contract to the City shall constitute reasonable suspicion when the use or abuse could
impair job performance and/or safety and the employee is not already a participant in a
drug/alcohol treatment program.
        (4)     The Department shall be responsible for transporting the employee to the
testing site. Supervisors are to avoid placing themselves or others into situations which might
endanger the physical safety of those present. The impacted employee shall be placed on
leave with pay status in accordance with the Personnel Rules and Regulations. An employee
who refuses an instruction to submit to a drug/alcohol test shall not be permitted to finish his
or her shift and shall immediately be placed on leave with pay status pending disciplinary
action in accordance with section J herein.
        (5)     When an employee reports to the Employee Health Center for treatment or
examination and the health care provider has a reasonable suspicion that the employee is a
substance abuser, the health care provider shall refer the employee to the SAP for substance
abuse testing and/or assessment. The SAP shall notify the appropriate department director or


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his/her designee who shall place the employee on leave with pay status in accordance with the
Personnel Rules and Regulations.
        (6)     A written record of the observations which led to a drug/alcohol test based on
reasonable suspicion shall be prepared and signed by the observer(s) prior to the release of the
test results. This written record shall be submitted to the City's Medical Review Officer and
shall be attached to the forms reporting the test results.
H.      POST-ACCIDENT TESTING
        (1)     As soon as practicable following an accident as defined in these regulations,
the appropriate department director shall cause the drug/alcohol testing of any safety-sensitive
employee whose performance could have contributed to the accident using the best
information available at the time of the decision. The employee shall be placed on
administrative leave with pay until the test result is available.
        (2)     The appropriate department director shall ensure that an employee required to
be tested under this section is tested as soon as practicable and within eight (8) hours of the
accident. An employee who is subject to post-accident testing who fails to remain readily
available for such testing, including notifying a supervisor of his or her location if he or she
leaves the scene of the accident prior to submission to such test, may be deemed to have
refused to submit to testing.
        (3)     Nothing in this section shall be construed to require the delay of necessary
medical attention for the injured following an accident or to prohibit an employee from
leaving the scene of an accident for the period necessary to obtain assistance in responding to
the accident or to obtain necessary emergency medical care.
        (4)     An employee who submits a sample for a post-accident drug/alcohol test which
is determined to be a verified positive test result will be terminated from City employment.
I.      RANDOM TESTING
        (1)    Safety-sensitive employees are subject to random selection for drug/alcohol
testing with no more than two hours notice.
        (2)    The selection of employees shall be made by a scientifically valid method of
randomly generating an employee identifier from the appropriate pool of safety-sensitive
employees.
               (a)     The dates for administering unannounced testing of randomly-selected
employees shall be spread reasonably throughout the calendar year; and,
               (b)     The number of safety-sensitive employees randomly selected for
drug/alcohol testing during the calendar year shall be not less than twenty (20) percent of the
total number of employees in the pool.
        (3)    Each safety-sensitive employee shall be in a pool from which random selection
is made. Each safety-sensitive employee in the pool shall have an equal chance of selection
and shall remain in the pool, whether or not the employee has been previously tested.
        (4)    There shall be five (5) pools of safety-sensitive employees from which
employees can be randomly selected. Each pool shall be maintained separately and no
employee may be placed in more than one pool except as noted in subsection d below. The
pools shall be designated as follows:
                               (a)    Employees designated as safety-sensitive by Federal
                       Transit Authority regulations;
                              (b)     Employees required to operate a commercial class

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                        vehicle (other than Federal Transit Authority designated employees);
                                (c)      Public safety employees;
                               (d)    Police officers whose primary duty is the detection and
                        suppression of drug law violations, who shall be the only employees
                        whose names appear in two pools; and,
                                (e)     All other employees whose position has been designated
                        safety sensitive by the Director of the Human Resources Department.
J.      RESULT OF DRUG/ALCOHOL TEST
         (1)     All testing results shall be reported to the designee of the Medical Review
Officer. If the test results are negative, the Medical Review Officer or designee will notify the
appropriate parties to that effect.
         (2)     If the City's laboratory reports that the result of a drug test is positive, the City's
Medical Review Officer shall consult with the impacted employee and determine the validity
of the results. If the Medical Review Officer finds a valid medical explanation (i.e.,
prescription, medical treatment) for the positive test result, the MRO will verify and report
this test as negative and no action will be taken. If the Medical Review Officer's assessment is
to verify the positive test, copies of the testing records shall be provided to the department
director.
         (3)     As soon as practicable after receiving notice from the Medical Review Officer
that an employee has a positive drug/alcohol test result, or if an employee refuses to submit to
a drug/alcohol test, the department director shall ensure that the employee ceases performing
any safety-sensitive function.
         (4)     A positive drug or alcohol test or refusal to submit to a test is justifiable cause
for discipline up to and including termination.
         (5)     Refusal to submit to a drug/alcohol test shall be considered both a positive test
result and a direct act of insubordination and shall result in termination.
         (6)     Unless the employee has a prior record as provided in paragraph J(7) below or
is a public safety employee, for the first instance of a positive test from a sample submitted as
the result of a pre-employment, random or reasonable suspicion drug/alcohol test, disciplinary
action against the employee shall include:
                                  (a)    A twenty (20) work day suspension without pay; and
                               (b)     Mandatory referral to the SAP for assessment,
                        formulation of a     treatment plan and execution of a return-to-work
                        agreement.
                               (c)    Failure to execute, or remain compliant with, the return-
                        to-work agreement shall result in termination from City employment.
                                (d)    Compliance with the return-to-work agreement means
                        that the employee has submitted to a drug/alcohol test immediately
                        prior to returning to work; the result of that test is negative; in the
                        judgment of the SAP the employee is cooperating with the SAP
                        recommended treatment program; and, the employee has agreed to


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                       periodic unannounced follow-up testing.
                               (e)     Refusal to submit to a periodic unannounced follow-up
                       drug/alcohol test or submitting to a follow-up test the result of which is
                       positive shall result in termination from City employment.
       (7)     For an employee who has in his/her employment record:
                              (a)  a total of six days of suspension in the preceding two
                      years; or,
                                (b)   in the preceding year has received a notice of over
                       utilization of sick leave as provided in the Personnel Rules and
                       Regulations; or,
                               (c)      in the preceding year has received a suspension for
                       tardiness or absenteeism; the first instance of a verified positive test
                       shall result in termination from City employment.
        (8)     For public safety employees, the first instance of a verified positive test from a
sample submitted for a random or reasonable suspicion drug/alcohol test shall result in
termination from City employment.
        (9)     The second instance of a verified positive test result from a sample submitted
under the pre-employment, random, or reasonable suspicion drug/alcohol test provisions
herein shall result in termination from City employment.
K.      GRIEVANCE AND APPEAL
         (1)     The determination by the Medical Review Officer that a drug or drug/alcohol
test is a verified positive test is not a medical determination subject to appeal under the
Personnel Rules and Regulations.
         (2)     An employee who is subject to termination or other disciplinary action
pursuant to this policy may grieve the termination or other disciplinary action pursuant to the
provisions of the Merit System Ordinance.
         (3)     In the case of a verified positive test, the employee may request at his/her own
expense the testing of the collected split sample within thirty (30) calendar days of the
Medical Review Officer's verification that the result is positive. Upon receipt of such a
request, the MRO will notify the City's testing lab and the lab will forward the reserve sample
to a certified lab by a secure method.
         (4)     An employee who has reason to believe he/she was not properly designated as
a safety-sensitive employee subject to drug/alcohol testing shall appeal their safety-sensitive
designation to the Director of the Human Resources Department within thirty (30) calendar
days of notification that his/her position has been designated as safety-sensitive. The Director
of the Human Resources Department shall make an inquiry into the claim and forward his/her
determination along with the employee's appeal to the Substance Abuse Policy Review and
Appeals Board. Such an appeal shall not be available to police officers, corrections officers,
firefighters, and those whose positions were designated safety-sensitive by Federal regulation.
         (5)     The Substance Abuse Policy Review and Appeals Board shall hear and decide
objections to the designation of positions as safety-sensitive. The Board may also review
administrative policies concerning substance abuse and drug/alcohol testing and advise the
Mayor and City Council regarding such policies.

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L.     RECORDS RELEASE
        (1)     Drug/alcohol testing records shall be maintained by the Substance Abuse
Program Manager and, except as provided below or by law, the results of any drug/alcohol
test shall not be disclosed without express consent of the tested employee.
        (2)     Records of a verified positive drug/alcohol test result shall be released to the
employee's department director or designee and the SAP.
        (3)     Records of an employee's drug/alcohol tests shall be released to the adjudicator
in a grievance, lawsuit or other proceeding initiated by or on behalf of the tested individual
arising from the results of the drug/alcohol test.
M.      DRUG TESTING PROCEDURES
        All drug/alcohol testing shall be conducted in a manner to assure a high degree of
accuracy and reliability. All City drug/alcohol testing will be conducted using techniques,
equipment, and laboratory facilities consistent with the procedures put forth in 49 CFR Part
40, as amended. Sworn members of the Albuquerque Police Department will be tested
consistent with the SAFE TEN procedures in Attachment A. The procedures will be
performed in a private, confidential manner and every effort will be made to protect the
employee, the integrity of the drug testing procedure, and the validity of the test result.
PART                                                                                         1
ATTACHMENT                                                                                   A
Procedures for SAFE TEN tests for sworn members of the Albuquerque Police
Department
Positive Tests
1.     A licensed physician shall be responsible for receiving laboratory results generated by
       the City's SAFE TEN drug testing program who has knowledge of substance abuse
       disorders and has appropriate medical training to interpret and evaluate an individual's
       positive test result together with his or her medical history and any other relevant bio-
       medical information. The Medical Review Officer (MRO) contracted by the City to
       review the positive NIDA drug tests shall be that licensed physician.
2.     All procedures for the collection and verification of positive results in SAFE TEN tests
       will follow the same procedures as in DOT 49 CFR Part 40 with the addition of the
       following:
               A.      When a police officer has a positive test for any one of the SAFE TEN
               Drugs, the MRO will contact the employee and verify the test. A verified
               positive test result will be delivered to Substance Abuse Program Manager,
               who will notify the Chief of Police.
               B.      If the MRO verifies that the officer has a valid prescription for a SAFE
               TEN drug, the test will be verified as negative, but the MRO will discuss with
               the officer the requirement that the officer needs to inform the department that
               a prescription medication covered under the SAFE TEN testing program is
               being used, as per APD policy #1-04-7.
               C.    The MRO will inform the officer that the Substance Abuse Program
               Manager will be notified of the use of medication under SAFE TEN and the

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                 possible need to inform the officer's supervisor as per APD policy #1-04-7.
                 D.      The MRO will inform the Substance Abuse Program Manager that a
                 police officer has been prescribed medication covered under the SAFE TEN
                 testing program. The Substance Abuse Program Manager designee will
                 contact the immediate supervisor regarding APD policy #1-04-7.
                 E.     If appropriate, the supervisor may ask for an in-service physical in
                 order to determine fitness for duty. Any one of the Employee Health Center's
                 licensed physicians may conduct this physical. If necessary, the police officer
                 may be assigned alternative duty.
     3.        Verification of positive results will be based on the following cut off levels:
                  Substance Abuse Forensic Evaluation
                          (SAFE/Non-DHHS)
          Drug              Screening Cut-offs     GC/MS Confirmation
                                                       Cut-offs
Amphetamines            < 1000 ng/mL                      500 ng/mL
Barbiturates            < 200 ng/mL                       200 ng/mL
Benzodiazepines         < 200 ng/mL                       200 ng/mL
Cannabinoids            <    50 ng/mL                      15 ng/mL
(Marijuana)
Cocaine                 < 300 ng/mL                       150 ng/mL
Methadone               < 300 ng/mL                    qualitative tests*
Methaqualone            < 300 ng/mL                    qualitative tests*
Opiates                 < 300 ng/mL                       300 ng/mL
Phencyclidine           <    25 ng/mL                      25 ng/mL
Propoxyphene            < 300 ng/mL                    qualitative tests*
       *Presence only detected
Negative Tests
1.     When a SAFE TEN test is negative, the Substance Abuse Program Manager will
       initial the results acknowledging receipt and forward the result to the Chief of Police
       or designee.
PART                                                                                             2
COMMERCIAL DRIVER'S LICENSE POLICY
A.     PURPOSE
        The City of Albuquerque has adopted this policy to ensure that City services requiring
the use of a Commercial Driver's License (CDL) are delivered safely, efficiently, and

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effectively by establishing a drug and alcohol-free work environment, and to ensure that the
workplace remains free from the effects of drugs and alcohol in order to promote the health
and safety of employees and the general public. Additionally, the City of Albuquerque
declares that the unlawful manufacturing, distributing, dispensing, possessing, or using of
controlled substances or misuse of alcohol is prohibited for safety-sensitive employees.
        The purpose of this policy is to establish guidelines to maintain a drug and alcohol-
free workplace in compliance with the Drug-Free Workplace Act of 1988, and the Omnibus
Transportation Employee Testing Act of 1991. Specifically, the Federal Motor Carrier Safety
Administration (FMCSA) of the U.S. Department of Transportation has published 49 CFR
Part 382, as amended, that mandates urine drug testing and breath alcohol testing for safety-
sensitive positions and prohibits performance of safety-sensitive functions when there is a
positive test result. The U. S. Department of Transportation (USDOT) has also published 49
CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath
specimens.
        Any provisions set forth in this policy that are included under the sole authority of the
City and are not provided under the authority of the above named Federal regulations are
underlined.
B.      APPLICABILITY
        Part 2 of the City's Substance Abuse Policy Manual applies to all City employees (full,
part-time, or volunteers) who are required to hold a Commercial Driver's License (CDL), and
who perform safety-sensitive functions as defined by the FMCSA. CDL holders who work
for the City Transit Department are covered under Part 3 of the policy that covers safety-
sensitive employees that fall under the authority of the Federal Transit Administration. Other
City employees that do not have CDLs are covered under Part 1 of the City's Substance Abuse
Policy Manual.
        A safety-sensitive function is any duty related to the safe operation of a commercial
vehicle including the following activities:
        (1)     All driving time,
       (2)     All times a CDL holder is waiting to be dispatched, unless the driver has been
               relieved from duty by the employer. This includes being on-call or available to
               work at a moment's notice,
       (3)     Inspecting, servicing, or conditioning a commercial vehicle at any time,
       (4)     All time being in or upon any commercial vehicle except time spent in a
               sleeping berth,
       (5)     Loading or unloading, including supervising or assisting in loading or
               unloading, attending a vehicle being loaded or unloaded, remaining in
               readiness to operate the vehicle, giving or receiving receipts for a shipment
               being loaded or unloaded,
       (6)     Repairing, obtaining assistance, or attending a disabled vehicle.
C.     DEFINITIONS
       Accident means an occurrence associated with the operation of a commercial vehicle,


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or other heavy equipment or machinery such as backhoes, loaders, or graders, if as a result--
        (1)    An individual dies;
       (2)     An individual suffers a bodily injury and immediately receives medical
               treatment away from the scene of the accident; or,
       (3)     One or more vehicles incurs disabling damage as the result of the occurrence
               and is transported away from the scene by a tow truck or other vehicle. For
               purposes of this definition, disabling damage means damage which precludes
               departure of any vehicle from the scene of the occurrence in its usual manner
               in daylight after simple repairs. Disabling damage includes damage to vehicles
               that could have been operated but would have been further damaged if so
               operated, but does not include damage which can be remedied temporarily at
               the scene of the occurrence without special tools or parts, tire disablement
               without other damage even if no spare tire is available, or damage to
               headlights, taillights, turn signals, horn, mirrors or windshield wipers that
               makes them inoperative.
        Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food,
preparation or medication.
        Alcohol Concentration is expressed in terms of grams of alcohol per 210 liters of
breath as measured by an evidential breath testing device.
        Canceled Test is a drug test that has been declared invalid by a Medical Review
Officer. A canceled test is neither positive nor negative.
        Commercial Motor Vehicle is any self-propelled or towed vehicle used when the
vehicle has a gross vehicle weight rating or gross combination weight rating of 26,001 or
more pounds, or the vehicle is designated to transport more than 15 passengers including the
driver, or the vehicle is used in the transportation of hazardous materials in a quantity
requiring placarding.
        Covered Employee means a City employee who is required to hold a commercial
driver's license and performs safety-sensitive job functions on any City commercial motor
vehicle.
        Medical Review Officer (MRO) means a licensed physician (medical doctor or doctor
of osteopathy) responsible for receiving laboratory results generated by the City's drug testing
program who has knowledge of substance abuse disorders; and has appropriate medical
training to interpret and evaluate an individual's confirmed positive test result, together with
his/her medical history; and any other relevant bio-medical information.
        Prohibited drug means marijuana, cocaine, opiates, amphetamines, or phencyclidine.
        Refuse to submit (to a drug/alcohol test) means that an employee or applicant fails to
provide an adequate breath or urine sample without a valid medical explanation, after he or
she has received notice of the requirement to be tested in accordance with this policy, refuses
to sign the required DOT testing forms, provides a specimen with a temperature out of range
without a valid medical explanation, or engages in conduct that clearly obstructs the testing
process, including failure to arrive at the collection site at all or in a timely manner.
        Safety-sensitive functions on a commercial motor vehicle include (a) driving; (b) time
spent waiting to be dispatched; (c) inspecting, servicing, or conditioning equipment; (d) being
in or on a commercial vehicle (except in a sleeper berth); (e) loading or unloading, including

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supervising or assistance in loading or unloading, attending a vehicle being loaded or
unloaded, remaining in readiness to operate the vehicle, giving or receiving receipts for a
shipment being loaded or unloaded; (f) repairing, obtaining assistance, or attending a disabled
vehicle.
        Substance Abuse Professional (SAP) means a licensed physician (medical doctor or
doctor of osteopathy) or licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the National Association of Alcoholism and
Drug Abuse Counselors Certification Commission or by the International Certification
Reciprocity Consortium/Alcohol and other Drug Abuse) with knowledge of and clinical
experience in the diagnosis and treatment of drug and alcohol related disorders.
        Verified negative test means a drug test result reviewed by a medical review officer
and determined to have no evidence of prohibited drug use above the minimum cutoff levels
established by the Department of Health and Human Services (DHHS).
        Verified positive test means a drug test result reviewed by a medical review officer and
determined to have evidence of prohibited drug use above the minimum cutoff levels
established by DHHS.
D.      EDUCATION AND TRAINING
        Every covered employee will receive a copy of the City of Albuquerque Commercial
Driver's License Substance Abuse Policy and will have access to the corresponding federal
regulations including 49 CFR Parts. 40 and 382, as, amended. In addition, all covered
employees will receive educational materials explaining the DOT's requirements and the
City's policies and procedures to meet those requirements. In addition to this policy, the City
will provide covered employees with information concerning: (a) the effects of drugs and
alcohol on an individual's health, work, and personal life; (b) the signs and symptoms of a
drug or alcohol problem; and (c) the available methods of intervention when a problem does
exist. Each covered employee is required to certify that he/she has been given a copy of this
policy and other drug and alcohol information by the City. Applicants for employment are
also required to execute the certification as a condition of employment. Existing covered
employees who refuse to execute this required certification will be subject to discipline.
        All supervisory personnel who are in a position to determine driver fitness for duty
will receive 60 minutes of reasonable suspicion training on the physical, behavioral, and
performance indicators of probable drug use and 60 minutes of additional reasonable
suspicion training on the physical, behavioral, speech, and performance indicators of probable
alcohol misuse. Under the City's own authority, supervisory personnel will also be trained on
how to intervene constructively, and how to effectively integrate an employee back into
his/her work group following intervention and /or treatment.
E.      PROHIBITED SUBSTANCES
       Prohibited substances addressed by this policy include the following.
       (1)    Illegally Used Controlled Substance or Drugs--Under the Drug-Free
              Workplace Act of 1988 any drug or any substance identified in Schedule I
              through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and
              as further defined by 21 CFR 1300.11 through 1300.15 is prohibited at all
              times in the workplace unless a legal prescription has been written for the
              substance. This includes, but is not limited to: marijuana, amphetamines,
              opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved


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              for medical use by the U.S. Drug Enforcement Administration or the U.S. Food
              and Drug Administration. Illegal use includes use of any illegal drug, misuse
              of legally prescribed drugs, and use of illegally obtained prescription drugs.
              Federal Motor Carrier Safety Administration drug testing regulations (49 CFR
              Part 382) require that all CDL holders be tested for marijuana, cocaine,
              amphetamines, opiates, and phencyclidine as described in Section H of this
              policy. Illegal use of these five drugs is prohibited at all times and thus,
              covered employees may be tested for these drugs anytime that they are on duty
              performing a safety-sensitive job function.
       (2)    Legal Drugs--The appropriate use of legally prescribed drugs and non-
              prescription medications is not prohibited. Except for medication containing
              alcohol, nothing in this Policy prohibits a driver's use of a medication legally
              prescribed by a licensed physician: (a) who is familiar with the driver's
              medical history and specific safety-sensitive duties, and (b) who has advised
              the driver that the prescribed medication will not adversely affect the driver's
              ability to operate a motor vehicle. However, the use of any substance which
              carries a warning label that indicates that mental functioning, motor skills, or
              judgment may be adversely affected must be reported to supervisory personnel.
              In addition, the employee must obtain a written release from the personal
              physician releasing the person to perform their duties any time they obtain a
              performance-altering prescription.
              A legally prescribed drug means that an individual has a prescription or other
              written approval from a physician for the use of a drug in the course of medical
              treatment. It must include the patient's name, the name of the substance,
              quantity/amount to be taken, and the period of authorization. The misuse or
              abuse of legal drugs while performing City business is prohibited.
       (3)    Alcohol--The use of beverages containing alcohol or substances (including any
              mouthwash, medication, food, candy) or any other substances such that alcohol
              is present in the body while performing a safety-sensitive job function. An
              alcohol test can be performed on a covered employee under 49 CFR Part 382
              just before, during, or just after the performance of a safety-sensitive job
              function. Under City authority, an alcohol test can be performed any time a
              covered employee is on duty.
F.     PROHIBITED CONDUCT
       (1)    All covered employees are prohibited from reporting for duty or remaining on
              duty requiring the performance of safety-sensitive functions any time there is a
              quantifiable presence of a prohibited drug in the body above the minimum
              thresholds defined in 49 CFR PART 40, as amended. An exception is allowed
              when the use is pursuant to the instructions of a licensed medical practitioner
              who has advised the driver that the substance will not adversely affect the
              driver's ability to drive. Minimum thresholds for each of the prohibited drugs
              are provided in Attachment A.


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       (2)     Each covered employee is prohibited from consuming alcohol while
               performing safety-sensitive job functions or while on-call to perform safety-
               sensitive job functions.
       (3)     The City shall not permit any covered employee to perform or continue to
               perform safety-sensitive functions if it has actual knowledge that the employee
               is using or has used alcohol, or has used a controlled substance.
       (4)     Each covered employee is prohibited from reporting to work or remaining on
               duty requiring the performance of safety-sensitive functions while having an
               alcohol concentration of 0.02 or greater regardless of when the alcohol was
               consumed.
       (5)     Covered employees are prohibited from consuming alcohol for eight (8) hours
               following involvement in an accident or until he/she submits to the post-
               accident drug/alcohol test, whichever occurs first.
       (6)     No covered employee shall consume alcohol within four (4) hours prior to the
               performance of safety-sensitive job functions.
       (7)     Covered employees are prohibited from possessing any amount of alcohol
               while on duty requiring the performance of a safety-sensitive job function,
               unless the alcohol is manifested and is being transported as part of a shipment.
       (8)     The City under its own authority also prohibits the consumption of alcohol
               during lunch periods, rest breaks, split shift breaks, or anytime the employee is
               in uniform.
       (9)     Consistent with the Drug-free Workplace Act of 1988, all covered employees
               are prohibited from engaging in the unlawful manufacture, distribution,
               dispensing, possession, or use of prohibited substances in the work place
               including City premises, City vehicles, while in uniform or while on City
               business.
G.     DRUG STATUTE CONVICTION
         Consistent with the Drug Free Workplace Act of 1988, all employees are required to
notify the City of any criminal drug statute conviction for a violation occurring in the
workplace within five days after such conviction. Failure to comply with this provision shall
result in disciplinary action, up to and including termination.
H.       TESTING REQUIREMENTS
        Analytical urine drug testing and breath testing for alcohol will be conducted as
required by Federal regulations. All covered employees shall be subject to testing prior to
employment, for reasonable suspicion, and following an accident as defined in Section L, M,
and N of this policy. All covered employees who have tested positive for drugs or alcohol on
a random, or reasonable suspicion will be tested prior to returning to duty after completion of
the Substance Abuse Professional's recommended treatment program and subsequent release
to duty. Follow-up testing will also be conducted following return to duty for a period of one
to five years, with at least six tests performed during the first year. The duration and

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frequency of the following up testing above the minimum requirements will be at the
discretion of the Substance Abuse Professional.
         A drug test can be performed any time a covered employee is on duty. An alcohol test
can be performed just before, during, or after the performance of a safety-sensitive job
function. Under City authority, an alcohol test can be performed any time a covered
employee is on duty.
         All covered employees will be subject to urine drug testing and breath alcohol testing
as a condition of ongoing employment with the City. Any safety-sensitive employee who
refuses to comply with a request for testing shall be removed from duty and subject to
discipline as defined in Section Q of this policy. A test refusal constitutes a verified positive
test result. Any covered employee who is suspected of providing false information in
connection with a drug test, or who is suspected of falsifying test results through tampering,
contamination, adulteration, or substitution will be required to undergo an observed
collection. Verification of the above listed actions will be considered a test refusal and will
result in the employee's removal from duty and discipline as defined in Section Q of this
policy. Refusal can also include an inability to provide a sufficient urine specimen or breath
sample without a valid medical explanation, as well as a verbal or written declaration,
obstructive behavior, refusal to sign the required DOT testing forms, or physical absence
resulting in the inability to conduct the test within the specified time frame.
I.       DRUG TESTING PROCEDURES
         Testing shall be conducted in a manner to assure a high degree of accuracy and
reliability and using techniques, equipment, and laboratory facilities which have been
approved by the U.S. Department of Health and Human Service (DHHS). All testing will be
conducted consistent with the procedures put forth in 49 CFR Part 40, as amended. The
procedures will be performed in a private, confidential manner and every effort will be made
to protect the employee, the integrity of the drug testing procedure, and the validity of the test
result.
         The drugs that will be tested for include marijuana, cocaine, opiates, amphetamines,
and phencyclidine. After the identity of the donor is checked using picture identification, a
urine specimen will be collected using the split specimen collection method described in 49
CFR Part 40 as amended. Each specimen will be accompanied by a DOT Chain of Custody
and Control Form and identified using a unique identification number that attributes the
specimen to the correct individual. The specimen analysis will be conducted at a DHHS
certified laboratory. An initial drug screen will be conducted on the primary urine specimen.
For those specimens that are not negative, a confirmatory Gas Chromatography/Mass
Spectrometry (GC/MS) test will be performed. The test will be considered positive if the
amounts of the drug(s) and/or its metabolites identified by the GC/MS test are above the
minimum thresholds established in 49 CFR Part 40, as amended. Attachment B lists the
minimum thresholds established for each drug and/or its metabolites.
         The test results from the DHHS certified laboratory will be reported to a Medical
Review Officer. A Medical Review Officer (MRO) is a licensed physician with detailed
knowledge of substance abuse disorders and drug testing. The MRO will review the test
results to ensure the scientific validity of the test and to determine whether there is a
legitimate medical explanation for a confirmed positive test result. The MRO will attempt to
contact the employee to notify the employee of the positive laboratory result, and provide the
employee with an opportunity to explain the confirmed test result. The MRO will

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subsequently review the employee's medical history/medical records as appropriate to
determine whether there is a legitimate medical explanation for a positive laboratory result. If
no legitimate medical explanation is found, the test will be verified positive and reported to
the Substance Abuse Program Manager and the Department Program Coordinator. If a
legitimate explanation is found, the MRO will report the test result as negative, to the City,
and no further action will be taken.
         Any covered employee who questions the results of a required drug test under
paragraphs L through P of this policy may request that the split sample be tested. The split
sample test must be conducted at a second DHHS-certified laboratory with no affiliation with
the laboratory that analyzed the primary specimen. The test must be conducted on the split
sample that was provided by the employee at the same time as the primary sample. All costs
for such testing are paid by the employee unless the result of the split sample test invalidates
the result of the original test. The method of collecting, storing, and testing the split sample
will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The
employee's request for a split sample test must be made to the Medical Review Officer within
72 hours of notice of the original sample verified test result. Requests after 72 hours will only
be accepted at the discretion of the MRO if the delay was due to documentable facts that were
beyond the control of the employee.
         If the analysis of the split specimen fails to confirm the presence of the drug(s)
detected in the primary specimen; or if the split specimen is not able to be analyzed; or if the
results of the split specimen are not scientifically adequate; the MRO will declare the original
test to be canceled.
         The split specimen will be stored at the initial laboratory until the analysis of the
primary specimen is completed. If the primary specimen is negative, the split will be
discarded. If the primary is positive, the split will be retained for testing if so requested by the
employee through the Medical Review Officer. If the primary specimen is positive, it will be
retained in frozen storage for one year and the split specimen will be retained for 60 days.
J.       ALCOHOL TESTING PROCEDURES
         Tests for breath alcohol concentration will be conducted utilizing a National Highway
Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing device (EBT)
operated by a trained Breath Alcohol Technician (BAT). If the initial test indicates an alcohol
concentration of 0.02 or greater, a second test will be performed to confirm the results of the
initial test. The confirmatory test will be conducted at least fifteen minutes after the
completion of the initial test. The confirmatory test will be performed using a NHTSA-
approved EBT operated by a trained BAT. The EBT will identify each test by a unique
sequential identification number. This number, time, and unit identifier will be provided on
each EBT printout. The EBT printout along with an approved alcohol testing form will be
used to document the test, the subsequent results, and to attribute the test to the correct
employee. The test will be performed in a private, confidential manner as required by 49 CFR
Part 40, as amended. The procedure will be followed as prescribed to protect the employee
and to maintain the integrity of the alcohol testing procedures and validity of the test result.
         A safety-sensitive employee who has a confirmed alcohol concentration of 0.02 or
greater will be considered a positive alcohol test and in violation of this policy.
         The City affirms the need to protect individual dignity, privacy, and confidentiality
throughout the testing process. If at any time the integrity of the testing procedures or the
validity of the test results is compromised, the test will be canceled.

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K.     PRE-EMPLOYMENT TESTING
        All applicants for city positions that require the performance of safety-sensitive
functions requiring CDLs shall undergo urine drug testing prior to hire or transfer into a
position requiring a CDL.
        (1)     All offers of employment for positions requiring CDLs shall be extended
                conditional upon the applicant passing a drug test. An applicant shall not be
                hired into a CDL position unless the applicant takes a drug test with a verified
                negative result.
       (2)     A non-CDL employee shall not be placed, transferred or promoted into a CDL
               position until the employee takes a drug test with a verified negative result.
       (3)     If an applicant fails a pre-employment drug test, the conditional offer of
               employment shall be rescinded. Failure of a pre-employment drug test will
               disqualify an applicant for employment for a period of 120 days. Evidence of
               the absence of drug dependency from a Substance Abuse Professional that
               meets with the approval of the city and a negative pre-employment drug test
               will be required prior to further consideration for employment. The cost for
               the assessment and any subsequent treatment will be the sole responsibility of
               the applicant.
       (4)     When an employee being placed, transferred or promoted from a non-covered
               position to a covered position submits a drug test with a verified positive result,
               the employee shall be subject to disciplinary action in accordance with Section
               Q herein.
       (5)     If a pre-employment/pre-transfer test is canceled, the City will require the
               applicant to take and pass another pre-employment drug test.
       (6)     All applicants are required to execute an authorization form allowing the City
               to obtain past drug and alcohol test results, including any refusals to test, from
               each company for whom the driver worked for the previous two years.
       (7)     In instances where a covered employee is on extended leave for a period of 90
               days or more, the employee will be required to take a pre-employment test and
               have a negative test result prior to the conduct of safety-sensitive job functions.
L.     REASONABLE SUSPICION TESTING
        All covered employees will be subject to a reasonable suspicion drug and/or alcohol
test when there are reasons to believe that drug or alcohol use is impacting job performance
and safety. Reasonable suspicion shall mean that there is objective evidence, based upon
specific, contemporaneous, articulable observations of the employee's appearance, behavior,
speech or body odor that are consistent with possible drug use and/or alcohol misuse.
Reasonable suspicion referrals must be made by one supervisor who is trained to detect the
signs and symptoms of drug and alcohol use and who reasonably concludes that an employee
may be adversely affected or impaired in his/her work performance due to possible prohibited
substance abuse or alcohol misuse. A reasonable suspicion drug test can be performed any
time a covered employee is on duty. A reasonable suspicion alcohol test can only be

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conducted just before, during, or just after the performance of a safety-sensitive job function.
However, under City authority, an alcohol test can be performed any time a covered employee
is on duty. If the alcohol reasonable suspicion test is not administered within 8 hours of the
incident, the driver shall be placed out of service for 24 hours.
        The City shall be responsible for transporting the employee to the testing site.
Supervisors should avoid placing themselves and/or others into a situation which might
endanger the physical safety of those present. The impacted employee shall be placed on
leave with pay status in accordance with the Personnel Rules and Regulations. An employee
who refuses an instruction to submit to a drug/alcohol test shall not be permitted to finish his
or her shift and shall immediately be placed on leave with pay status pending disciplinary
action.
        When an employee reports to the Employee Health Center for treatment or
examination and the health care provider has a reasonable suspicion that the employee is a
substance abuser, the health care provider shall refer the employee to the SAP for substance
abuse testing and/or assessment. The SAP shall notify the employee's department director or
his/her designee who shall place the employee on leave with pay status in accordance with the
Personnel Rules and Regulations. A test in this circumstance would be performed under the
direct authority of the City.
        When there are no specific, contemporaneous, articulable objective facts that indicate
current drug or alcohol use, but the employee (who is not already a participant in a treatment
program) admits the abuse of alcohol or other substances to a supervisor in his/her chain of
command, an Employee Assistance Program (EAP) counselor, or a provider of medical
services under contract to the City, the employee shall be referred to the SAP for substance
abuse testing and/or assessment. The counselor shall notify the employee's department
director or his/her designee who shall place the employee on leave with pay status in
accordance with the Personnel Rules and Regulations. A test in this circumstance would be
performed under the direct authority of the City.
        A written record of the observations which led to a drug/alcohol test based on
reasonable suspicion shall be prepared and signed by the observer(s) within 24 hours of the
observation or prior to the release of the test results, which ever is earliest. This written
record shall be submitted to the Substance Abuse Program Manager and the MRO and shall
be attached to the forms reporting the test results.
M.      POST-ACCIDENT TESTING
        All covered employees will be required to undergo urine and breath testing if they are
involved in an accident with a City vehicle requiring a CDL, or other heavy equipment or
machinery such as backhoes, loaders, or graders that results in a fatality. In addition, a post-
accident test will be conducted whether or not the driver receives a citation for a moving
violation if the accident results in either (a) injuries requiring immediate transportation to a
medical treatment facility; or (b) one or more vehicles incurs disabling damage.
        (1)     As soon as practicable following an accident as defined in this policy, the
                employee's supervisor investigating the accident will notify the driver of the
                need for the test. The supervisor will make the determination using the best
                information available at the time of the decision.
       (2)     The supervisor shall ensure that an employee required to be tested under this
               section is tested as soon as practicable and within eight (8) hours of the


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              accident for alcohol and within 32 hours for drugs. If an alcohol test is not
              performed within two hours of the accident, the supervisor will document the
              reason(s) for the delay. If the alcohol test is not conducted within eight hours,
              or the drug test within 32 hours, attempts to conduct the test must cease and the
              reasons for the failure to test documented.
       (3)    Any covered employee involved in an accident must refrain from alcohol use
              for eight (8) hours following the accident or until he/she undergoes a post-
              accident alcohol test.
       (4)    An employee who is subject to post-accident testing who fails to remain
              readily available for such testing, including notifying a supervisor of his or her
              location, if he or she leaves the scene of the accident prior to submission to
              such test, may be deemed to have refused to submit to testing.
       (5)    Nothing in this section shall be construed to require the delay of necessary
              medical attention for the injured following an accident or to prohibit an
              employee from leaving the scene of an accident for the period necessary to
              obtain assistance in responding to the accident or to obtain necessary
              emergency medical care.
       (6)    In the rare event the City is unable to perform an FMCSA drug and alcohol test
              (i.e., employee is unconscious, employee is detained by law enforcement
              agency), the City may use drug and alcohol post-accident test results
              administered by State and local law enforcement officials in lieu of the FMCA
              test. The State and local law enforcement officials must have independent
              authority for the test and the employer must obtain the results in conformance
              with state and local law.
       (7)    An employee who submits a sample for a post-accident drug/alcohol test which
              is determined to be a verified positive test result will be terminated from City
              employment.
N.     RANDOM TESTING
        All covered employees will be subjected to random, unannounced testing. The
selection of employees shall be made by a scientifically valid method of randomly generating
an employee identifier from the appropriate pool of covered employees.
        (1)    The dates for administering unannounced testing of randomly-selected
               employees shall be spread reasonably throughout the calendar year.
       (2)    The number of employees randomly selected for drug/alcohol testing during
              the calendar year shall be not less than the percentage rates established by
              Federal regulations for those safety-sensitive employees subject to random
              testing by Federal regulations. The current random testing rate established by
              the City for drugs equals fifty percent of the number of covered employees in
              the pool and the random testing rate established by the City for alcohol equals
              fifty percent of the number of covered employees in the pool.
       (3)    Each covered employee shall be in a pool from which the random selection is

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               made. Each covered employee in the pool shall have an equal chance of
               selection each time the selections are made. Employees will remain in the pool
               and subject to selection, whether or not the employee has been previously
               tested. There is no discretion on the part of management in the selection and
               notification of the individuals who are to be tested.
       (4)     Safety-sensitive employees covered by the Federal Motor Carrier
               Administration regulations will be included in one random pool maintained
               separately from other testing pools within the City.
       (5)     Random tests can be conducted at any time during an employee's shift for drug
               testing. Alcohol random tests can be performed just before, during, or just
               after the performance of a safety sensitive duty.       However, under City
               authority, an alcohol test can be performed any time a covered employee is on
               duty. Testing can occur during the beginning, middle, or end of an employee's
               shift.
       (6)     Employees are required to proceed immediately to the collection site upon
               notification of their random selection.
O.     RETURN-TO-DUTY TESTING
         All covered employees who previously tested positive on a drug or alcohol test or
refused a test must test negative for drugs, alcohol (below 0.02 for alcohol) or both and be
evaluated and released by the Substance Abuse Professional before returning to work. For an
initial positive drug test a Return to Duty drug test is required and an alcohol test is allowed.
For an initial positive alcohol test a Return to Duty alcohol test is required and a drug test is
allowed. Following the initial assessment, the SAP will recommend a course of rehabilitation
unique to the individual. Before scheduling the return to duty test, the SAP must assess the
employee and determine if the required treatment has been properly followed and the SAP has
a reasonable level of assurance that the individual will stay drug and alcohol free. The SAP
should schedule the return-to-duty test only when the employee is known to be drug- and
alcohol-free and there is no risk to public safety.
P.       FOLLOW-UP TESTING
       Covered employees will be required to undergo frequent, unannounced drug and
alcohol testing following their return-to-duty. The follow-up testing will be performed for a
period of one to five years with a minimum of six tests to be performed the first year. The
frequency and duration of the follow-up tests (beyond the minimums) will be determined by
the SAP reflecting the SAP's assessment of the employee's unique situation and recovery
progress. Follow-up testing should be frequent enough to deter and/or detect a relapse.
Follow-up testing is separate and in addition to the reasonable suspicion, post-accident and
random testing program.
Q.     RESULT OF DRUG/ALCOHOL TEST
        Any covered employee that refuses a test or has a verified positive drug or alcohol test
will be removed from his/her safety-sensitive position, informed of educational and
rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for
assessment. No employee will be allowed to return to duty requiring the performance of

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safety-sensitive job functions without the approval of the SAP.
        A positive drug and/or alcohol test will also result in disciplinary action as specified
herein.
        (1)     All testing results shall be reported by the City's DHHS certified laboratory to
                the Medical Review Officer or his/her designee. If the test results are negative,
                the Medical Review Officer or designee will notify the appropriate parties to
                that effect.
       (2)     If the City's DHHS certified laboratory reports the results as positive, the City's
               Medical Review Officer shall determine the validity of the results and provide
               the impacted employee with the opportunity to discuss the test result. If the
               Medical Review Officer finds a valid medical explanation (i.e., prescription,
               medical treatment) for the positive test result, the MRO will verify and report
               this test to the Substance Abuse Program Manager and the Department
               Program Coordinator. as negative and no action will be taken. If the Medical
               Review Officer's assessment finds no valid medical explanation for the positive
               result, he/she will verify the test as positive and copies of the testing records
               shall be provided to the Substance Abuse Program Manager and the
               Department Program Coordinator.
       (3)     As soon as practicable after receiving notice of a verified positive drug or
               alcohol test result, or a test refusal, the employee's Department Program
               Coordinator shall ensure that the employee ceases performing any safety-
               sensitive function.
       (4)     The employee shall be immediately referred to a Substance Abuse Professional
               for an assessment. The SAP will evaluate each employee to determine what
               assistance, if any, the employee needs in resolving problems associated with
               prohibited drug use or alcohol misuse.
       (5)     Refusal to submit to a drug/alcohol test shall be considered a positive test result
               and a direct act of insubordination and shall result in termination.
       (6)     Unless the employee has a prior record as provided in Q(9) below for the first
               instance of a verified positive test from a sample submitted as the result of a
               random, or reasonable suspicion drug/alcohol test, disciplinary action against
               the employee shall include:
               (a)     A twenty (20) work day suspension without pay; and,
               (b)     Mandatory referral to the SAP for assessment, formulation of a
                       treatment plan, and execution of a return to work agreement.
               (c)     Failure to execute, or remain compliant with, the return-to-work
                       agreement shall result in termination from City employment.
               (d)     Compliance with the return-to-work agreement means that the
                       employee has submitted to a drug/alcohol test immediately prior to
                       returning to work; the result of that test is negative; in the judgement of
                       the SAP the employee is cooperating with his/her SAP recommended

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                       treatment program; and, the employee has agreed to periodic
                       unannounced follow-up testing as defined in Section P of this policy.
               (e)     Refusal to submit to a periodic unannounced follow-up drug/alcohol
                       test is a verified positive and a direct act of insubordination and shall
                       result in termination.
               (f)     Submitting to a periodic unannounced follow-up drug/alcohol the result
                       of which is a verified positive shall result in termination from City
                       employment.
      (7)      A verified positive post-accident drug and/or alcohol test shall result in
termination.
               (8)      The cost of any treatment or rehabilitation services will be paid directly
                by the employee or their insurance provider. If the SAP has not released the
                employee to return-to-duty at the completion of the 20-day suspension, the
                employee will be allowed to take accrued leave to participate in the SAP
                prescribed treatment program. If insufficient, the employee shall be placed on
                leave without pay in accordance with the Personnel Rules and Regulations.
                Any leave taken, either paid or unpaid, shall be considered leave taken under
                the Family and Medical Leave Act.
       (9)     For an employee who has in his/her employment record one of the following,
               the first instance of a verified positive test shall result in termination from City
               employment.
               (a)     a total of six days of suspension in the preceding two years; or,
               (b)     in the preceding year has received a notice of over utilization of sick
                       leave as provided in the Personnel Rules and Regulations; or,
               (c)     in the preceding year has received a suspension for tardiness or
                       absenteeism;
       (10)    The second instance of a verified positive test result from a sample submitted
               under the random, reasonable suspicion, return-to-duty, or follow-up
               drug/alcohol test provisions herein shall result in termination from City
               employment.
       (11)    A Voluntary Referral or participation in the City Employee Assistance
               Program does not shield an employee from disciplinary action or guarantee
               employment or reinstatement with the City.
       (12)    Failure of an employee to report within five days a criminal drug statute
               conviction for a violation occurring in the workplace shall result in discipline
               up to, and including, termination.
R.     GRIEVANCE AND APPEAL
       (1)     The determination by the Medical Review Officer that a drug or drug/alcohol
               test is a verified positive test is not a medical determination subject to appeal

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               under the Personnel Rules and Regulations.
       (2)     An employee who is subject to termination or other disciplinary action
               pursuant to this policy may grieve the termination or other disciplinary action
               pursuant to the provisions of the Merit System Ordinance. The consequences
               specified by 49 CFR Part 382 for a positive test or test refusal are not subject to
               a grievance.
S.     PROPER APPLICATION OF THE POLICY
        The City is dedicated to assuring fair and equitable application of this substance abuse
policy. Therefore, supervisors/managers are required to use and apply all aspects of this
policy in an unbiased and impartial manner. Any supervisor/manager who knowingly
disregards the requirements of this policy, or who is found to deliberately misuse the policy in
regard to subordinates, shall be subject to disciplinary action, up to and including termination.
T.      INFORMATION DISCLOSURE
       (1)     Drug/alcohol testing records shall be maintained by the Substance Abuse
               Program Manager or designee and, except as provided below or by law, the
               results of any drug/alcohol test shall not be disclosed without express consent
               of the tested employee.
       (2)     The employee, upon written request, is entitled to obtain copies of any records
               pertaining to their use of prohibited drugs or misuse of alcohol including any
               drug or alcohol testing records. Covered employees have the right to gain
               access to any pertinent records such as equipment calibration records, and
               records of laboratory certifications.
       (3)     Records of a verified positive drug/alcohol test result shall be released to the
               employee's department director or designee.
       (4)     Records will be released to a subsequent employer only upon receipt of a
               written request from the employee.
       (5)     Records of an employee's drug/alcohol tests shall be released to the adjudicator
               in a grievance, lawsuit or other proceeding initiated by or on behalf of the
               tested individual arising from the results of the drug/alcohol test.
       (6)     Records will be released to the National Transportation Safety Board during an
               accident investigation.
       (7)     Records will be released to the DOT or any DOT State or local agency with
               regulatory authority over the employer or any of its employees.
PART                                                                                            2
ATTACHMENT                                                                                      A
Minimum Thresholds
                                       INITIAL TEST CUTOFF LEVELS
                                                            (ng/ml)


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Marijuana metabolites                                                    50
Cocaine metabolites                                                     300
Opiate metabolites                                                    2,000
Phencyclidine                                                            25
Amphetamines                                                          1,000
                          CONFIRMATORY TEST CUT/OFF LEVELS
                                                     (ng/ml)

Marijuana metabolites1                                                   15
Cocaine metabolites2                                                    150
Opiates:
         Morphine                                                     2,000
         Codeine                                                      2,000
Phencyclidine                                                            25
Amphetamines:
         Amphetamines                                                   500
         Methamphetamine3                                               500
1 Delta-9-tetrahydrocannabinol-9-carboxylic acid.
2 Benzoylecgonine
3 Specimen must also contain amphetamine at a concentration greater
 than or equal to 200 ng/ml.
PART                                                                                        2
ATTACHMENT                                                                                  B
System Contacts
       Any questions regarding this policy or any other aspect of the substance abuse policy
should be directed to the following individual(s).
City Substance Abuse Program Manager:
Name:                          Denise                                                  Wilcox
Title:                         Manager of the Substance Abuse Program
Address:                                     1     Civic    Plaza,    NW          9th    Floor
                               Albuquerque, NM 87103
Telephone Number:              (505) 768-3080
Medical Review Officer
Name:                          Dr.                    William                      Christenson
Title:                         Medical Review Officer
Address:                                     400     Marquette,     NW         Room       B-06
                               Albuquerque, NM 87103
Telephone Number:              (505) 768-4630
Substance Abuse Professional
Name:                          Adam          Stern,        M.A.,         SPCC,          CEAP
Title:                         Certified Employee Assistance Professional
Address:                                     The                Solutions               Group
                               1240                      Pennsylvania,                     NE
                               Albuquerque, NM 87110

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Telephone Number:           (505) 254-3555
DHHS Certified Laboratory. Primary Specimen
Name:                       SED                    Medical                             Laboratories
Certifying Scientist:       Director of Toxicology: Martin Brady
Address:                                   5601         Office                 Blvd,           NE
                            Albuquerque, NM 87109-5816
Telephone Number:           (505) 727-6300
DHHS Certified Laboratory. Split Specimen
Name:                       Northwest Toxicology
Address:                                   1141         East                 3900            South
                            Salt Lake City, UT 84124
Telephone Number:           (801) 268-2431
PART                                                                                             3
TRANSIT DEPARTMENT POLICY
A.     PURPOSE
         The Transit Department provides public transit and paratransit services for the
community. Part of mission of the Department is to ensure that this service is delivered
safely, efficiently, and effectively by establishing a drug and alcohol-free work environment,
and to ensure that the workplace remains free from the effects of drugs and alcohol in order to
promote the health and safety of employees and the general public. In keeping with this
mission, the Transit Department of the City of Albuquerque declares that the unlawful
manufacturing, distributing, dispensing, possessing, or using of controlled substances or
misuse of alcohol is prohibited for safety-sensitive employees.
         The purpose of this policy is to establish guidelines to maintain a drug and alcohol-
free workplace in compliance with the Drug-Free Workplace Act of 1988, and the Omnibus
Transportation Employee Testing Act of 1991. This policy is intended to comply with all
applicable Federal regulations governing workplace anti-drug and alcohol programs in the
transit industry. Specifically, the Federal Transit Administration (FTA) of the U.S.
Department of Transportation has published 49 CFR Part 655 and Part 654, as amended, that
mandate urine drug testing and breath alcohol testing for safety-sensitive positions, and
prohibit performance of safety-sensitive functions when there is a positive test result. The U.
S. Department of Transportation (USDOT) has also published 49 CFR Part 40, as amended,
that sets standards for the collection and testing of urine and breath specimens. Any
provisions set forth in this policy that are included under the sole authority of the City and are
not provided under the authority of the above named Federal regulations are underlined.
B.       APPLICABILITY
        Part 3 of the City's Substance Abuse Policy Manual applies to all safety-sensitive
Transit Department employees (full- or part-time) when performing any transit-related
business ("covered employees"). Transit Department employees that do not perform safety-
sensitive functions are covered under Part 1 of the City's Substance Abuse Policy Manual. A
safety-sensitive function is any duty related to the safe operation of mass transit service
including the operation of a revenue service vehicle (whether or not the vehicle is in revenue
service), dispatch, maintenance of a revenue service vehicle or equipment used in revenue
service, security personnel who carry firearms, and any other employee who is required to
hold a Commercial Driver's License. Maintenance functions include the repair, overhaul, and

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rebuild of engines, vehicles and/or equipment. A list of safety-sensitive positions who
perform one or more of the above mentioned duties is provided in Attachment A.
C.      DEFINITIONS
       Accident means an occurrence associated with the operation of a Transit Department
revenue service vehicle used in revenue service or which requires a Commercial Driver's
License to operate, if as a result--
       (1)     An individual dies;
       (2)     An individual suffers a bodily injury and immediately receives medical
               treatment away from the scene of the accident; or,
       (3)     One or more vehicles incurs disabling damage as the result of the occurrence
               and is transported away from the scene by a tow truck or other vehicle. For
               purposes of this definition, disabling damage means damage which precludes
               departure of any vehicle from the scene of the occurrence in its usual manner
               in daylight after simple repairs. Disabling damage includes damage to vehicles
               that could have been operated but would have been further damaged if so
               operated, but does not include damage which can be remedied temporarily at
               the scene of the occurrence without special tools or parts, tire disablement
               without other damage even if no spare tire is available, or damage to
               headlights, taillights, turn signals, horn, mirrors or windshield wipers that
               makes them inoperative.
         Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food,
preparation or medication.
         Alcohol Concentration is expressed in terms of grams of alcohol per 210 liters of
breath as measured by an evidential breath testing device.
         Canceled Test is a drug test that has been declared invalid by a Medical Review
Officer. A canceled test is neither positive nor negative.
         Covered Employee means a Transit Department employee, including an applicant or
transferee, who performs a safety-sensitive function (See Attachment A for a list of covered
employees).
         Medical Review Officer (MRO) means a licensed physician (medical doctor or doctor
of osteopathy) responsible for receiving laboratory results generated by the City's drug testing
program who has knowledge of substance abuse disorders, and has appropriate medical
training to interpret and evaluate an individual's confirmed positive test result, together with
his/her medical history, and any other relevant bio-medical information.
         Prohibited drug means marijuana, cocaine, opiates, amphetamines, or phencyclidine.
         Refuse to submit (to a drug/alcohol test) means that an employee or applicant fails to
provide an adequate breath or urine sample without a valid medical explanation, after he or
she has received notice of the requirement to be tested in accordance with this policy, refuses
to sign the required DOT testing forms, provides a specimen with a temperature out of range
without a valid medical explanation, or engages in conduct that clearly obstructs the testing
process, including verbal or written declarations or failure to arrive at the collection site at all
or in a timely manner.
         Revenue Service Vehicles include all transit vehicles that are used for passenger

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transportation service or that require a CDL to operate.
        Safety-sensitive functions include (a) the operation of a transit revenue service vehicle
even when the vehicle is not in revenue service; (b) the operation of a non-revenue service
vehicle by a Transit Department employee when the operation of such a vehicle requires the
driver to hold a Commercial Driver's License (CDL); (c) controlling dispatch or movement of
a transit revenue service vehicle; (d) maintaining a revenue service vehicle or equipment used
in revenue service; and (e) carrying a firearm for security purposes.
        Substance Abuse Professional (SAP) means a licensed physician (medical doctor or
doctor of osteopathy) or licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the National Association of Alcoholism and
Drug Abuse Counselors Certification Commission or by the International Certification
Reciprocity Consortium/Alcohol and other Drug Abuse) with knowledge of and clinical
experience in the diagnosis and treatment of drug and alcohol related disorders.
        Verified negative test means a drug test result reviewed by a medical review officer
and determined to have no evidence of prohibited drug use above the minimum cutoff levels
established by the Department of Health and Human Services (DHHS).
        Verified positive test means a drug test result reviewed by a medical review officer and
determined to have evidence of prohibited drug use above the minimum cutoff levels
established by DHHS.
D.      EDUCATION AND TRAINING
        Every covered employee will receive a copy of Part 3 of the City's Substance Abuse
Policy Manual and will have access to the corresponding federal regulations, including 49
CFR Parts 40 and 655, as amended. In addition, all covered employees will undergo a
minimum of 60 minutes of training on the signs and symptoms of drug use including the
effects and consequences of drug use on personal health, safety, and the work environment.
The training also includes manifestations and behavioral cues that may indicate prohibited
drug use.
        All Transit Department supervisory personnel who are in a position to determine
employee fitness for duty will also receive 60 minutes of reasonable suspicion training on the
physical, behavioral, and performance indicators of probable drug use and 60 minutes of
additional reasonable suspicion training on the physical, behavioral, speech, and performance
indicators of probable alcohol misuse. Under the City's own authority, supervisory personnel
will also be trained on how to intervene constructively, and how to effectively integrate an
employee back into his/her work group following intervention and/or treatment.
        Information on the signs, symptoms, health effects, and consequences of alcohol
misuse is presented in Attachment B of this policy.
E.      PROHIBITED SUBSTANCES
       Prohibited substances addressed by this policy include the following.
       (1)    Illegally Used Controlled Substance or Drugs--Under the Drug-Free
              Workplace Act of 1988 any drug or any substance identified in Schedule I
              through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and
              as further defined by 21 CFR 1300.11 through 1300.15 is prohibited at all
              times in the workplace unless a legal prescription has been written for the
              substance. This includes, but is not limited to: marijuana, amphetamines,
              opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved


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              for medical use by the U.S. Drug Enforcement Administration or the U.S. Food
              and Drug Administration. Illegal use includes use of any illegal drug, misuse
              of legally prescribed drugs, and use of illegally obtained prescription drugs.
              Federal Transit Administration drug testing regulations (49 CFR Part 655, as
              amended) require that all covered employees be tested for marijuana, cocaine,
              amphetamines, opiates, and phencyclidine as described in Section H of this
              policy. Illegal use of these five drugs is prohibited at all times and covered
              employees may be tested for these drugs anytime that they are on duty.
       (2)    Legal Drugs--The appropriate use of legally prescribed drugs and non-
              prescription medications is not prohibited. However, the use of any substance
              which carries a warning label that indicates that mental functioning, motor
              skills, or judgment may be adversely affected must be reported in accord with
              the Personnel Rules and Regulations.
       (3)    Alcohol--The use of beverages containing alcohol (including any mouthwash,
              medication, food, candy) or any other substances such that alcohol is present in
              the body while performing safety-sensitive job functions is prohibited. An
              alcohol test can be performed on a covered employee under 49 CFR Part 655,
              as amended, just before, during, or just after the performance of safety-
              sensitive job functions. Under City authority, an alcohol test can be performed
              any time a covered employee is on duty.
F.     PROHIBITED CONDUCT
       (1)    All covered employees are prohibited from reporting for duty or remaining on
              duty any time there is a quantifiable presence of a prohibited drug in the body
              above the minimum thresholds defined in 49 CFR PART 40, as amended.
              Minimum thresholds for each of the prohibited drugs are provided in
              Attachment C.
       (2)    Each covered employee is prohibited from consuming alcohol while
              performing safety-sensitive job functions or while on-call to perform safety-
              sensitive job functions. If an on-call employee has consumed alcohol, they
              must acknowledge the use of alcohol at the time that they are called to report
              for duty. The covered employee will subsequently be relieved of his/her on-
              call responsibilities.
       (3)    The Transit Department shall not permit any covered employee to perform or
              continue to perform safety-sensitive functions if it has actual knowledge that
              the employee is using alcohol.
       (4)    Each covered employee is prohibited from reporting to work or remaining on
              duty requiring the performance of safety-sensitive functions while having an
              alcohol concentration of 0.02 or greater regardless of when the alcohol was
              consumed.
       (5)    No covered employee shall consume alcohol for eight (8) hours following
              involvement in an accident or until he/she submits to the post-accident

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               drug/alcohol test, whichever occurs first.
       (6)     No covered employee shall consume alcohol within four (4) hours prior to the
               performance of safety-sensitive job functions.
       (7)     The City under its own authority also prohibits the consumption of alcohol
               during lunch periods, rest breaks, split shift breaks, or anytime the employee is
               in uniform.
       (8)     Consistent with the Drug-free Workplace Act of 1988, all City employees are
               prohibited from engaging in the unlawful manufacture, distribution,
               dispensing, possession, or use of prohibited substances in the work place
               including Transit Department premises, transit vehicles, while in uniform or
               while on City business.
G.     DRUG STATUTE CONVICTION
        Consistent with the Drug Free Workplace Act of 1988, all employees are required to
notify the Transit Department of any criminal drug statute conviction for a violation occurring
in the workplace within five days after such conviction. Failure to comply with this provision
shall result in disciplinary action, up to and including termination.
H.      TESTING REQUIREMENTS
        Analytical urine drug testing and breath testing for alcohol will be conducted as
required by Federal regulations. All covered employees shall be subject to testing prior to
employment, for reasonable suspicion, following an accident, and random as defined in
Section K, L, M, and N of this policy. All covered employees who have tested positive for
drugs or alcohol on a random or reasonable suspicion test, will be tested prior to returning to
duty after completion of the Substance Abuse Professional's recommended treatment program
and subsequent release to duty. Follow-up testing will also be conducted following return-to-
duty for a period of one to five years, with at least six tests performed during the first year.
The duration and frequency of the follow-up testing above the minimum requirements will be
at the discretion of the Substance Abuse Professional.
        A drug test can be performed any time a covered employee is on duty. An alcohol test
can be performed just before, during, or after the performance of a safety-sensitive job
function. Under City authority, an alcohol test can be performed any time a covered employee
is on duty.
        All covered employees will be subject to urine drug testing and breath alcohol testing
as a condition of ongoing employment with the Transit Department. Any safety-sensitive
employee who refuses to comply with a request for testing shall be removed from duty and
subject to discipline as defined in Section Q of this policy. Any covered employee who is
suspected of providing false information in connection with a drug test, or who is suspected of
falsifying test results through tampering, contamination, adulteration, or substitution will be
required to undergo an observed collection. Verification of the above listed actions will be
considered a test refusal and will result in the employee's removal from duty and disciplined
as defined in Section Q of this policy. Refusal can also include an inability to provide a
sufficient urine specimen or breath sample without a valid medical explanation, as well as a
verbal or written declaration, obstructive behavior, refusal to sign the required DOT testing
forms, or physical absence resulting in the inability to conduct the test within the specified

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time frame.
I.      DRUG TESTING PROCEDURES
         Testing shall be conducted in a manner to assure a high degree of accuracy and
reliability and using techniques, equipment, and laboratory facilities which have been
approved by the U.S. Department of Health and Human Service (DHHS). All testing will be
conducted consistent with the procedures put forth in 49 CFR Part 40, as amended. The
procedures will be performed in a private, confidential manner and every effort will be made
to protect the employee, the integrity of the drug testing procedure, and the validity of the test
result.
         The drugs that will be tested for include marijuana, cocaine, opiates, amphetamines,
and phencyclidine. After the identity of the donor is checked using picture identification, a
urine specimen will be collected using the split specimen collection method described in 49
CFR Part 40, as amended. Each specimen will be accompanied by a DOT Chain of Custody
and Control Form and identified using a unique identification number that attributes the
specimen to the correct individual. The specimen analysis will be conducted at a DHHS
certified laboratory. An initial drug screen will be conducted on the primary urine specimen.
For those specimens that are not negative, a confirmatory Gas Chromatography/Mass
Spectrometry (GC/MS) test will be performed. The test will be considered positive if the
amounts of the drug(s) and/or its metabolites identified by the GC/MS test are above the
minimum thresholds established in 49 CFR Part 40, as amended. Attachment C lists the
minimum thresholds established for each drug and/or its metabolites.
         The test results from the DHHS certified laboratory will be reported to a Medical
Review Officer. A Medical Review Officer (MRO) is a licensed physician with detailed
knowledge of substance abuse disorders and drug testing. The MRO will review the test
results to ensure the scientific validity of the test and to determine whether there is a
legitimate medical explanation for a confirmed positive test result. The MRO will attempt to
contact the employee to notify the employee of the positive laboratory result, and provide the
employee with an opportunity to explain the confirmed test result. The MRO will
subsequently review the employee's medical history/medical records as appropriate to
determine whether there is a legitimate medical explanation for a positive laboratory result. If
no legitimate medical explanation is found, the test will be verified positive and reported to
the Substance Abuse Program Manager and the Transit Department Program Coordinator. If a
legitimate explanation is found, the MRO will report the test result as negative to the
Substance Abuse Program Manager and the Transit Department Program Coordinator, and no
further action will be taken.
         Any covered employee who questions the results of a required drug test under
paragraphs L through P of this policy may request that the split sample be tested. The split
sample test must be conducted at a second DHHS-certified laboratory with no affiliation with
the laboratory that analyzed the primary specimen. The test must be conducted on the split
sample that was provided by the employee at the same time as the primary sample. All costs
for such testing are paid by the employee unless the result of the split sample test invalidates
the result of the original test. The method of collecting, storing, and testing the split sample
will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The
employee's request for a split sample test must be made to the Medical Review Officer within
72 hours of notice of the original sample verified test result. Requests after 72 hours will only
be accepted at the discretion of the MRO if the delay was due to documentable facts that were

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beyond the control of the employee.
         If the analysis of the split specimen fails to confirm the presence of the drug(s)
detected in the primary specimen, or if the split specimen is not able to be analyzed, or if the
results of the split specimen are not scientifically adequate, the MRO will declare the original
test to be canceled.
         The split specimen will be stored at the initial laboratory until the analysis of the
primary specimen is completed. If the primary specimen is negative, the split will be
discarded. If the primary is positive, the split will be retained for testing if so requested by the
employee through the Medical Review Officer. If the primary specimen is positive, it will be
retained in frozen storage for one year and the split specimen will be retained for 60 days.
J.       ALCOHOL TESTING PROCEDURES
         Tests for breath alcohol concentration will be conducted utilizing a National Highway
Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing device (EBT)
operated by a trained Breath Alcohol Technician (BAT). If the initial test indicates an alcohol
concentration of 0.02 or greater, a second test will be performed to confirm the results of the
initial test. The confirmatory test will be conducted at least fifteen minutes after the
completion of the initial test. The confirmatory test will be performed using a NHTSA-
approved EBT operated by a trained BAT. The EBT will identify each test by a unique
sequential identification number. This number, time, and unit identifier will be provided on
each EBT printout. The EBT printout, along with an approved alcohol testing form, will be
used to document the test, the subsequent results, and to attribute the test to the correct
employee. The test will be performed in a private, confidential manner as required by 49 CFR
Part 40, as amended. The procedure will be followed as prescribed to protect the employee
and to maintain the integrity of the alcohol testing procedures and validity of the test result.
         A safety-sensitive employee who has a confirmed alcohol concentration of 0.02 or
greater will be considered to have a positive alcohol test result in violation of this policy and
the BAT will notify the Substance Abuse Program Manager and the Transit Department
Program Coordinator.
         The Transit Department affirms the need to protect individual dignity, privacy, and
confidentiality throughout the testing process. If at any time the integrity of the testing
procedures or the validity of the test results is compromised, the test will be canceled.
K.       PRE-EMPLOYMENT TESTING
        All applicants for covered transit positions shall undergo urine drug testing prior to
hire or transfer into a covered position that requires the performance of a safety-sensitive
function.
        (1)     All offers of employment for covered positions shall be extended conditional
                upon the applicant passing a drug test. An applicant shall not be hired into a
                covered position unless the applicant takes a drug test with a verified negative
                result.
       (2)     A non-covered employee shall not be placed, transferred or promoted into a
               covered position until the employee takes a drug test with a verified negative
               result.
       (3)     If an applicant fails a pre?employment drug test, the conditional offer of
               employment shall be rescinded. Failure of a pre-employment drug test will

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               disqualify an applicant for employment for a period of 120 days. Evidence of
               the absence of drug dependency from a Substance Abuse Professional that
               meets with the approval of the City and a negative pre-employment drug test
               will be required prior to further consideration for employment. The cost for
               the assessment and any subsequent treatment will be the sole responsibility of
               the applicant.
       (4)     When an employee being placed, transferred, or promoted from a non-covered
               position to a covered position submits a drug test with a verified positive result,
               the employee shall be subject to disciplinary action in accordance with Section
               Q herein.
       (5)     If a pre-employment/pre-transfer test is canceled, the Transit Department will
               require the applicant to take and pass another pre-employment drug test.
       (6)     In instances where a covered employee is on extended leave for a period of 90
               days or more, the employee will be required to take a pre-employment test and
               have a negative test result prior to the conduct of safety-sensitive job functions.
L.     REASONABLE SUSPICION TESTING
        All Transit Department covered employees will be subject to a reasonable suspicion
drug and/or alcohol test when there are reasons to believe that drug or alcohol use is
impacting job performance and safety. Reasonable suspicion shall mean that there is
objective evidence, based upon specific, contemporaneous, articulable observations of the
employee's appearance, behavior, speech or body odor that are consistent with possible drug
use and/or alcohol misuse. Reasonable suspicion referrals must be made by one supervisor
who is trained to detect the signs and symptoms of drug and alcohol use, and who reasonably
concludes that an employee may be adversely affected or impaired in his/her work
performance due to possible prohibited substance abuse or alcohol misuse. A reasonable
suspicion alcohol test can only be conducted just before, during, or just after the performance
of a safety-sensitive job function. However, under the City's authority, a reasonable suspicion
alcohol test may be performed any time the covered employee is on duty. A reasonable
suspicion drug test can be performed any time the covered employee is on duty.
        The Transit Department shall be responsible for transporting the employee to the
testing site. Supervisors should avoid placing themselves and/or others into a situation which
might endanger the physical safety of those present. The impacted employee shall be placed
on leave with pay status in accordance with the Personnel Rules and Regulations. An
employee who refuses an instruction to submit to a drug/alcohol test shall not be permitted to
finish his or her shift and shall immediately be placed on leave with pay status pending
disciplinary action.
        When an employee reports to the Employee Health Center for treatment or
examination and the health care provider has a reasonable suspicion that the employee is a
substance abuser, the health care provider shall refer the employee to the SAP for substance
abuse testing and/or assessment. The SAP shall notify the Transit Department director or the
designee who shall place the employee on leave with pay status in accordance with the
Personnel Rules and Regulations. A test in this circumstance would be performed under the
direct authority of the City.


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        When there are no specific, contemporaneous, articulable objective facts that indicate
current drug or alcohol use, but the employee (who is not already a participant in a treatment
program) admits the abuse of alcohol or other substances to a supervisor in his/her chain of
command, an Employee Assistance Program (EAP) counselor, or a provider of medical
services under contract to the City, the employee shall be referred to the SAP for substance
abuse testing and/or assessment. The SAP shall notify the Transit Department?s Program
Coordinator or the designee who shall place the employee on leave with pay status in
accordance with the Personnel Rules and Regulations. A test in this circumstance would be
performed under the direct authority of the City.
        A written record of the observations which led to a drug/alcohol test based on
reasonable suspicion shall be prepared and signed by the observer(s) prior to the release of the
test results. This written record shall be submitted to the Substance Abuse Program Manager
and the MRO and shall be attached to the forms reporting the test results.
M.      POST-ACCIDENT TESTING
        All covered employees will be required to undergo urine and breath testing if they are
involved in an accident with a transit revenue service vehicle regardless of whether or not the
vehicle is in revenue service that results in a fatality. This includes all surviving covered
employees that are operating the vehicle at the time of the accident and any other whose
performance cannot be completely discounted as a contributing factor to the accident.
        In addition, a post-accident test will be conducted if an accident results in injuries
requiring immediate transportation to a medical treatment facility; or one or more vehicles
incurs disabling damage; unless the employee can be completely discounted as a contributing
factor to the accident.
        (1)     As soon as practicable following an accident, as defined in this policy, the
                transit supervisor investigating the accident will notify the transit employee
                operating the transit vehicle and all other covered employees whose
                performance could have contributed to the accident of the need for the test. The
                supervisor will make the determination using the best information available at
                the time of the decision.
       (2)     The appropriate transit supervisor shall ensure that an employee, required to be
               tested under this section, is tested as soon as practicable, and within eight (8)
               hours of the accident for alcohol, and within 32 hours for drugs. If an alcohol
               test is not performed within two hours of the accident, the Supervisor will
               document the reason(s) for the delay. If the alcohol test is not conducted
               within (8) eight hours, or the drug test within 32 hours, attempts to conduct the
               test must cease and the reasons for the failure to test documented.
       (3)     Any covered employee involved in an accident must refrain from alcohol use
               for eight (8) hours following the accident, or until he/she undergoes a post-
               accident alcohol test.
       (4)     An employee who is subject to post-accident testing who fails to remain
               readily available for such testing, including notifying a supervisor of his or her
               location if he or she leaves the scene of the accident prior to submission to such
               test, may be deemed to have refused to submit to testing.


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       (5)    Nothing in this section shall be construed to require the delay of necessary
              medical attention for the injured following an accident, or to prohibit an
              employee from leaving the scene of an accident for the period necessary to
              obtain assistance in responding to the accident, or to obtain necessary
              emergency medical care.
       (6)    In the rare event the Transit Department is unable to perform an FTA drug and
              alcohol test (i.e., employee is unconscious, employee is detained by law
              enforcement agency), the Department may use drug and alcohol post-accident
              test results administered by State and/or local law enforcement officials in lieu
              of the FTA test. The State and local law enforcement officials must have
              independent authority for the test and the employer must obtain the results in
              conformance with state and local law.
       (7)    An employee who submits a sample for a post-accident drug/alcohol test which
              is determined to be a verified positive test result or refuses to test will be
              terminated from City employment.
N.     RANDOM TESTING
        All covered employees will be subjected to random, unannounced testing. The
selection of employees shall be made by a scientifically valid method of randomly generating
an employee identifier from the appropriate pool of safety-sensitive employees.
        (1)    The dates for administering unannounced testing of randomly selected
               employees shall be spread reasonably throughout the calendar year.
       (2)    The number of employees randomly selected for drug/alcohol testing during
              the calendar year shall be not less than the percentage rates established by
              Federal regulations for those safety-sensitive employees subject to random
              testing by Federal regulations. The current random testing rate for drugs
              established by the City equals fifty percent of the number of covered
              employees in the pool and the random testing rate for alcohol established by
              the City equals fifty percent of the number of covered employees in the pool.
       (3)    Each covered employee shall be in a pool from which the random selection is
              made. Each covered employee in the pool shall have an equal chance of
              selection each time the selections are made. Employees will remain in the pool
              and subject to selection, whether or not the employee has been previously
              tested. There is no discretion on the part of management in the selection and
              notification of the individuals who are to be tested.
       (4)    Covered transit employees that fall under the Federal Transit Administration
              regulations will be included in one random pool maintained separately from
              other testing pools within the City.
       (5)    Random tests can be conducted at any time during an employee's shift for drug
              testing. Alcohol random tests can be performed just before, during, or just
              after the performance of a safety sensitive duty. However, under the City?s
              authority, a random alcohol test may be performed any time the covered


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               employee is on duty. Testing can occur during the beginning, middle, or end
               of an employee's shift.
       (6)     Employees are required to proceed immediately to the collection site upon
               notification of their random selection.
O.     RETURN-TO-DUTY TESTING
         All covered employees who previously tested positive on a drug or alcohol test or
refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be
evaluated and released by the Substance Abuse Professional before returning to work. For an
initial positive drug test a Return-to-Duty drug test is required and an alcohol test is allowed.
For an initial positive alcohol test a Return-to-Duty alcohol test is required and a drug test is
allowed. Following the initial assessment, the SAP will recommend a course of rehabilitation
unique to the individual. However, under City authority, an alcohol test can be performed
any time a covered employee is on duty. The SAP should schedule the return-to-duty test
only when the employee is known to be drug- and alcohol-free and there is no risk to public
safety.
P.       FOLLOW-UP TESTING
       Covered employees will be required to undergo frequent, unannounced drug and
alcohol testing following their return-to-duty. The follow-up testing will be performed for a
period of one to five years with a minimum of six tests to be performed the first year. The
frequency and duration of the follow-up tests (beyond the minimums) will be determined by
the SAP reflecting the SAP's assessment of the employee's unique situation and recovery
progress. Follow-up testing should be frequent enough to deter and/or detect a relapse.
Follow-up testing is separate and in addition to the random, post-accident and reasonable
suspicion testing.
Q.     RESULT OF DRUG/ALCOHOL TEST
        Any covered employee that has a verified positive drug or alcohol test or refuses to
test will be removed from his/her safety-sensitive position, informed of educational and
rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for
assessment. No employee will be allowed to return to duty requiring the performance of
safety-sensitive job functions without the approval of the SAP.
        A positive drug and/or alcohol test or a refusal to test will also result in disciplinary
action as specified herein.
        (1)     All testing results shall be reported by the City's DHHS certified laboratory to
                the Medical Review Officer or his/her designee. If the test results are negative,
                the Medical Review Officer or designee will notify the Substance Abuse
                Program Manager and the Transit Department's Program Coordinator.
       (2)     If the City's DHHS certified laboratory reports the results as positive, the City's
               Medical Review Officer shall determine the validity of the results and provide
               the employee with the opportunity to discuss the test results. If the MRO finds
               a valid medical explanation (i.e. prescription, medical treatment) for the
               positive test result, the MRO will verify and report the test as negative and no
               action will be taken. If the MRO's assessment finds no valid medical
               explanation for the positive result, he/she will verify the test as positive, and

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              copies of the testing records shall be provided to the Substance Abuse Program
              Manager and the Transit Department Program Coordinator.
       (3)    As soon as practicable after receiving notice of a verified positive drug or
              alcohol test result, or a test refusal, the Department Program Coordinator shall
              ensure that the employee ceases performing any safety-sensitive function.
       (4)    The employee shall be immediately referred to a Substance Abuse Professional
              for an assessment. The SAP will evaluate each employee to determine what
              assistance, if any, the employee needs in resolving problems associated with
              prohibited drug use or alcohol misuse.
       (5)    Refusal to submit to a drug/alcohol test shall be considered a positive test result
              and a direct act of insubordination and shall result in termination.
       (6)    Unless the employee has a prior record as provided in Q(9) below for the first
              instance of a verified positive test from a sample submitted as the result of a
              random, post-accident, or reasonable suspicion drug/alcohol test, disciplinary
              action against the employee shall include:
              (a)     A twenty (20) work day suspension without pay; and,
              (b)     Mandatory referral to Substance Abuse Professional for assessment,
                      formulation of a treatment plan, and execution of a return to work
                      agreement.
              (c)     Failure to execute, or remain compliant with, the return-to-work
                      agreement shall result in termination from City employment.
              (d)     Compliance with the return-to-work agreement means that the
                      employee has submitted to a drug/alcohol test immediately prior to
                      returning to work; the result of that test is negative; in the judgement of
                      the SAP the employee is cooperating with his/her SAP recommended
                      treatment program; and, the employee has agreed to periodic
                      unannounced follow-up testing as defined in Section P of this policy.
              (e)     Refusal to submit to a periodic unannounced follow-up drug/alcohol
                      test shall be considered a positive test result and a direct act of
                      insubordination and shall result in termination.
              (f)     Submitting to a periodic unannounced follow-up drug/alcohol test the
                      result of which is a verified positive shall result in termination from
                      City employment.
       (7)    A verified positive post-accident drug and/or alcohol test shall result in
              termination.
       (8)    The cost of any treatment or rehabilitation services will be paid directly by the
              employee or their insurance provider. If the SAP has not released the
              employee to return to duty at the completion of the 20 day suspension, the
              employee will be permitted to take accrued leave to participate in the SAP

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               prescribed treatment program. If insufficient, the employee shall be placed on
               leave without pay in accordance with the Personnel Rules and Regulations.
               Any leave taken, either paid or unpaid, shall be considered leave taken under
               the Family and Medical Leave Act.
       (9)     For an employee who has in his/her employment record one of the following,
               the first instance of a verified positive test shall result in termination from City
               employment:
               (a)     a total of six days of suspension in the preceding two years; or,
               (b)     in the preceding year has received a notice of over utilization of sick
                       leave as provided in the Personnel Rules and Regulations; or,
               (c)     in the preceding year has received a suspension for tardiness or
                       absenteeism.
       (10)    The second instance of a verified positive test result from a sample submitted
               under the random, reasonable suspicion, return-to-duty, or follow-up
               drug/alcohol test provisions herein shall result in termination from City
               employment.
       (11)    A Voluntary Referral or participation in the City Employee Assistance
               Program does not shield an employee from disciplinary action or guarantee
               employment or reinstatement with the City.
       (12)    Failure of an employee to report within five days a criminal drug statute
               conviction for a violation occurring in the workplace shall result in
               termination.
R.     GRIEVANCE AND APPEAL
       (1)     The determination by the Medical Review Officer that a drug test is a verified
               positive test is not a medical determination subject to appeal under the
               Personnel Rules and Regulations.
       (2)     An employee who is subject to termination or other disciplinary action
               pursuant to this policy may grieve the termination or other disciplinary action
               pursuant to the provisions of the Merit System Ordinance. The consequences
               specified by 49 CFR part 655, as amended, for a positive test or test refusal is
               not subject to a grievance.
S.     PROPER APPLICATION OF THE POLICY
        The Transit Department is dedicated to assuring fair and equitable application of this
substance abuse policy. Therefore, supervisors/managers are required to use and apply all
aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who
knowingly disregards the requirements of this policy, or who is found to deliberately misuse
the policy in regard to subordinates, shall be subject to disciplinary action, up to and including
termination.
T.      INFORMATION DISCLOSURE

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        (1)   Drug/alcohol testing records shall be maintained by the Substance Abuse
              Program Manager or designee and, except as provided below or by law, the
              results of any drug/alcohol test shall not be disclosed without express consent
              of the tested employee.
        (2)   The employee, upon written request, is entitled to obtain copies of any records
              pertaining to their use of prohibited drugs or misuse of alcohol including any
              drug or alcohol testing records. Covered employees have the right to gain
              access to any pertinent records such as equipment calibration records, and
              records of laboratory certifications.
        (3)   Records of a verified positive drug/alcohol test result shall be released to the
              Transit Department Program Coordinator.
        (4)   Records will be released to a subsequent employer only upon receipt of a
              written request from the employee.
        (5)   Records of an employee's drug/alcohol tests shall be released to the adjudicator
              in a grievance, lawsuit, or other proceeding initiated by or on behalf of the
              tested individual arising from the results of the drug/alcohol test.
        (6)   Records will be released to the National Transportation Safety Board during an
              accident investigation.
        (7)   Records will be released to the DOT or any DOT agency with regulatory
              authority over the employer or any of its employees.
PART                                                                                        3
ATTACHMENT                                                                                  A
Transit Department Safety Sensitive Job Classifications
Title                                                             Job Code
ASSISTANT TRANSIT MANAGER/MAINTENANCE                             7V07AD
ASSISTANT TRANSIT MANAGER/OPERATIONS                              7N44AD
BUILDING MAINTENANCE WORKER                                       2V10AD
COMMUNICATION CENTER SPECIALIST                                   CF00AD
ELECTRONICS TECHNICIAN                                            3J00AD
EQUIPMENT MAINTENANCE SUPERVISOR                                  4V20AD
FACILITY MAINTENANCE SUPERVISOR                                   4V17AD
GENERAL SERVICE WORKER                                            1V06AD
INSTRUCTOR/MAINTENANCE & OPERATIONS                               7I04AD
LABORER                                                           1001AD
LEAD MECHANIC                                                     3V08AD
MECHANICS HELPER                                                  1VO8AD
MECHANIC 2                                                        2V13AD
MECHANIC 3                                                        3V07AD
MOTOR COACH OPERATOR                                              T746AD
PAINT & BODY HELPER                                               2V17AD
PAINT & BODY WORKER                                               3V09AD

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PARATRANSIT SUPERVISOR                                            4700AD
PARTS SUPERVISOR                                                  4V09AD
RADIO COMMUNICATIONS SUPERVISOR                                   4F03AD
SIGNS & MARKINGS WORKER 2                                         2700AD
SUN VAN CHAUFFEUR                                                 T740AD
TIRE REPAIRER                                                     2V16AD
TRANSIT DISPATCHER                                                CF04AD
TRANSIT MANAGER                                                   8702AD
TRANSIT MANAGER/MAINTENANCE                                       8V08AD
TRANSIT MANAGER/PARATRANSIT OPERATIONS                            8701AD
TRANSIT SUPERVISOR                                                4701AD
VEHICLE MAINTENANCE SUPERVISOR                                    4V18AD
VEHICLE SERVICER                                                  1VO9AD
PART                                                                                       3
ATTACHMENT                                                                                 B
Alcohol Fact Sheet
        Alcohol is a socially acceptable drug that has been consumed throughout the world for
centuries. It is considered a recreational beverage when consumed in moderation for
enjoyment and relaxation during social gatherings. However, when consumed primarily for
its physical and mood-altering effects, it is a substance of abuse. As a depressant, it slows
down physical responses and progressively impairs mental functions.
        Signs and Symptoms of Use
        -       Dulled mental processes
        -       Lack of coordination
        -       Odor of alcohol on breath
        -       Possible constricted pupils
        -       Sleepy or stuporous condition
        -       Slowed reaction rate
        -       Slurred speech
(Note: Except for the odor, these are general signs and symptoms of any depressant
substance.)
        Health Effects
        The chronic consumption of alcohol (average of three servings per day of beer [12
ounces], whiskey [1 ounce], or wine [6 ounce glass]) over time may result in the following
health hazards:
        -       Decreased sexual functioning
                -       Dependency (up to 10 percent of all people who drink alcohol become
                physically and/or mentally dependent on alcohol and can be termed
                "alcoholic")
              -       Fatal liver diseases
              -       Increased cancers of the mouth, tongue, pharynx, esophagus, rectum,
              breast, and malignant melanoma
              -       Kidney disease


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              -       Pancreatitis
              -       Spontaneous abortion and neonatal mortality
              -       Ulcers
              -       Birth defects (up to 54 percent of all birth defects are alcohol related).
       Social Issues
               -       Two-thirds of all homicides are committed by people who drink prior to
               the crime.
              -      Two to three percent of the driving population is legally drunk at any
              one time. This rate is doubled at night and on weekends.
              -      Two-thirds of all Americans will be involved in an alcohol-related
              vehicle accident during their lifetimes.
              -      The rate of separation and divorce in families with alcohol dependency
              problems is 7 times the average.
              -       Forty percent of family court cases are alcohol problem related.
              -     Alcoholics are 15 times more likely to commit suicide than are other
              segments of the population.
              -        More than 60 percent of burns, 40 percent of falls, 69 percent of
              boating accidents, and 76 percent of private aircraft accidents are alcohol
              related.
       The Annual Toll
             -       24,000 people will die on the highway due to the legally impaired
             driver.
              -       12,000 more will die on the highway due to the alcohol-affected driver.
              -       15,800 will die in non-highway accidents.
              -       30,000 will die due to alcohol-caused liver disease.
              -       10,000 will die due to alcohol-induced brain disease or suicide.
              -      Up to another 125,000 will die due to alcohol-related conditions or
              accidents.
       Workplace Issues
             -       It takes one hour for the average person (150 pounds) to process one
             serving of an alcoholic beverage from the body.
              -       Impairment in coordination and judgement can be objectively measured
              with as little as two drinks in the body.
              -       A person who is legally intoxicated is 6 times more likely to have an

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               accident than a sober person.
PART                                                                                            3
ATTACHMENT                                                                                      C
Minimum Thresholds
                                      INITIAL TEST CUTOFF LEVELS
                                                           (ng/ml)
Marijuana metabolites                                                     50
Cocaine metabolites                                                      300
Opiate metabolites                                                     2,000
Phencyclidine                                                             25
Amphetamines                                                           1,000
                          CONFIRMATORY TEST CUT/OFF LEVELS
                                                     (ng/ml)

Marijuana metabolites1                                                    15
Cocaine metabolites2                                                     150
Opiates:
         Morphine                                                      2,000
  Codeine                                                              2,000
Phencyclidine                                                             25
Amphetamines:
         Amphetamines                                                    500
         Methamphetamine3                                                500
1 Delta-9-tetrahydrocannabinol-9-carboxylic acid.
2 Benzoylecgonine
3 Specimen must also contain amphetamine at a concentration greater
 than or equal to 200 ng/ml.
PART                                                                                            3
ATTACHMENT                                                                                      D
System Contacts
        Any questions regarding this policy or any other aspect of the substance abuse policy
should be directed to the following individual(s).
Transit Department Program Coordinator:
Name:                          Lori Cruz
Title:                         Transit Department Program Coordinator
Address:                       100 First St. SW
                               Albuquerque, NM 87102
Telephone Number:              (505) 724-3100
City Substance Abuse Program Manager:
Name:                          Denise Wilcox
Title:                         Manager of the Substance Abuse Program
Address:                       1 Civic Plaza, NW 9th Floor

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                              Albuquerque, NM 87103
Telephone Number:             (505) 768-3080
Medical Review Officer
Name:                       Dr. William Christenson
Title:                      Medical Review Officer
Address:                    400 Marquette, NW Room B-06
                            Albuquerque, NM 87103
Telephone Number:           (505) 768-4630
Substance Abuse Professional
Name:                       Adam Stern, M.S., LPCC, CEAP
Title:                      Certified Employee Assistance Professional
Address:                    The Solutions Group
                            1240 Pennsylvania NE
                            Albuquerque, NM 87110
Telephone Number:           (505) 254-3555
DHHS Certified Laboratory -- Primary Specimen
Name:                       SED Medical Laboratories
Certifying Scientist:       Director of Toxicology: Martin Brady
Address:                    5601 Office Blvd, NE
                            Albuquerque, NM 87109-5816
Telephone Number:           (505) 727-6300
DHHS Certified Laboratory -- Split Specimen
Name:                       Northwest Toxicology
Address:                    1141 East 3900 South
                            Salt Lake City, UT 84124
Telephone Number:           (801) 268-2431




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                           February 3, 1994
                 ADMINISTRATIVE INSTRUCTION NO. 7-1-1A


SUBJECT: Signature Authority (Personnel Matters)
This Administrative Instruction replaces certain portions of the former Administrative
Instruction I dated March 29, 1986, and supplements the provisions of Administrative
Instruction 1-1-1 issued this date. This Administrative Instruction is promulgated pursuant to
Executive Instruction No. 2, dated December 18, 1985, which provides that signature
authority for the City of Albuquerque is delegated by the Mayor to the Chief Administrative
Officer, unless such signature authority is specifically reserved to the Mayor by statute,
ordinance, resolution or regulation, and also provides that the Chief Administrative Officer
may delegate signature authority by directive.
This Administrative Instruction describes the signature authority for specified documents
related to the City's administration of personnel matters. For items not covered in this
Administrative Instruction reference should be made to the City's Merit System Ordinance
and the City of Albuquerque Personnel Rules and Regulations, effective December 1, 1990, as
currently enacted or hereafter amended.
Unless a different rule is specified in this Administrative Instruction or in another directive of
the Chief Administrative Officer, signature authority delegated herein may be further
delegated in writing as follows:
        1.      For a short period (thirty (30) days or less), to another City employee of equal
                rank or an immediate subordinate by the individual to whom authority is
                delegated in this Administrative Instruction; or
       2.       For a longer or indefinite period, to any City employee approved by the Chief
                Administrative Officer.
If Department names or officials' titles are changed after the effective date of this
Administrative Instruction, the authority delegated herein shall fall to the successors to such
officials. If it is not clear to whom the authority falls, the Chief Administrative Officer shall
specify the official who has the signature authority.
Unless otherwise specifically delegated to another City official by statute, ordinance,
resolution, regulation, directive or instruction, final signature authority for the City is
delegated to the following officials listed below in the areas and circumstances indicated:
A.      Creation, re-classification or release of positions
       1.       Newly-created positions, non-funded positions, re-classification of positions
                and non-routine situations -- Personnel Director, DFM Director (or Budget
                Officer) and CAO
       2.       Release of funded positions -- CAO
B.     Hiring

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       1.       Of all classified employees who are non-management employees and
                management series employees below level MP5, if above step 00 and below
                step 04 -- Personnel Director
       2.       Of classified management employees at level MP5 or higher, regardless of
                step, and below level MP5, if above step 03 -- CAO
       3.       Of unclassified employees -- CAO
       4.       Department Directors -- CAO
       5.       (For the hiring of the CAO, any Deputy or Assistant CAO, the City Attorney,
                and the Independent Counsel approval by Council is required.)
C.     Miscellaneous Actions
       1. Payroll Time Sheets -- Department Director
       2. Drivers permits (issuance and cancellation) -- Risk Manager
D.     Leaves
       1.       Without pay for two weeks or less -- Department Director
       2.       Without pay for more than two weeks -- CAO
       3.       With pay for vacation, sick and injury time accrued -- Department Director
       4.       With pay, except as otherwise provided herein or delegated by another
                directive -- CAO
       5.       With or without pay for Department Directors for any length of time -- CAO
E.     Termination of Employment -- CAO
F.     Signature authority as assigned in this Administrative Instruction may be delegated in
       writing by the official with the assigned authority to any supervisory employee under
       his or her direction.
This Administrative Instruction supersedes any and all prior Administrative Instructions or
directives relating to the signature authority described herein, including, but not limited to
Administrative Instruction No. 1, dated March 29, 1986.
This Administrative Instruction shall become effective for all applicable documents prepared
on or after the approval date indicated below.
Lawrence Rael
Chief Administrative Officer
Date: 2/3/94


                         February 6, 1996
            ADMINISTRATIVE INSTRUCTION NO. 7-2 (Revised)

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SUBJECT: Injury Time; Health Care Provider Selection; Person
         Designated for Receipt of Notice of Change of Initial Health
         Care Provider
Risk Management is responsible for administering the City‟s workers‟ compensation program
and for controlling injury time, and therefore has established pertinent rules and regulations.
This instruction further clarifies those procedures:
®       Employees are to report all on-the-job injuries to their supervisor as soon as possible
        after the occurrence. The supervisor shall report all serious injuries and fatalities to
        Risk Management by telephone as soon as possible but no later than the following
        workday.
®      Department heads are to ensure that a “City of Albuquerque Supervisor‟s Injury
       Investigation Report - Workers‟ Compensation” is completed immediately after the
       injury and submitted to Risk Management within two workdays.
®      For any injury time charged on the time sheets, a leave of absence form (P-30)
       approved by Risk Management must be submitted to the City Payroll Office with the
       time sheets. Payroll will not release an employee‟s injury time check unless a P-30
       covering the injury time has been received by them.
®      When a City employee is injured in the course of and arising out of his/her
       employment, the City shall provide the worker with reasonable and necessary health
       care services. The City shall initially select the health care provider for the injured
       worker. The City will not permit the injured worker to make the initial health care
       provider selection.
®      Pursuant to statute, should a worker intend to change from the initial health care
       provider, the worker shall provide a written notice to the City of Albuquerque of his or
       her intent to change health care provider. Such notice shall be submitted directly to
       Risk Management where the notice shall be signed and dated, and a copy retained.
®      The City provides health care services by/through the City Employee Health Center,
       and after an injury, City workers shall abide by the following instructions.
       1.      If requiring treatment between 7:00 a.m. and 5:00 p.m., Mondays through
               Fridays, except holidays:
               a.      Report to the City Employee Health Center, Room B06 (basement) City
                       Hall 400 Marquette, NW; or
               b.      If EMERGENCY MEDICAL TREATMENT is required, report to the
                       nearest Presbyterian Hospital Emergency Department. For all serious
                       emergencies, DIAL 911 and request aid/assistance. Only injuries
                       requiring immediate medical treatment such as profuse bleeding,
                       broken bones, unconsciousness, shock, etc., shall warrant
                       EMERGENCY MEDICAL TREATMENT.
       2.      If injured at other times:


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               a.     Report to the nearest Presbyterian Hospital Emergency Department.
       3.      If treated at a Presbyterian Hospital Emergency Department, report to the City
               Employee Health Center the following workday.
Departments are to ensure that complete records and files are maintained, including
Supervisor‟s Injury Investigation reports, leave of absence forms and other pertinent
information which will be subject to periodic review and audit.
Lawrence Rael
Chief Administrative Officer




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 7-4


SUBJECT: Rehabilitation Loans for City Employees
All applications from City employees for rehabilitation loans must be examined by the
Housing Advisory and Appeals Committee. The Housing Advisory and Appeals Committee
will be responsible for insuring that all City guidelines and Federal regulations are followed
before a rehabilitation loan is made to a City employee.
Arthur A. Blumenfeld
Chief Administrative Officer




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                            July 30, 1996
            ADMINISTRATIVE INSTRUCTION NO. 7-5 (Revised)


SUBJECT: Pre-Employment Medical Examinations
Effective November 19, 1990, all job applicants for City employment shall be required to
submit to and pass employment medical examinations.
The medical examination shall be conducted only after an offer of employment has been made
to the job applicant. An alcohol and illegal drug test shall be conducted in conjunction with
the medical examination for SAFETY SENSITIVE positions as identified by the Director of
Human Resources Department. The medical examination and the alcohol and illegal drug test
shall be completed prior to the commencement of employment duties. The offer of
employment shall be conditioned on the job applicant successfully passing both the medical
examination and the alcohol and illegal drug test when required.
The medical examinations shall be conducted by/through the City Employee Health Center.
The medical examinations shall be requested through the Human Resources Department
Director or his/her designee. The results of the medical examinations shall be presented in
written form to the Human Resources Department Director or his/her designee.
A job applicant who passes all other prerequisites for employment but does not pass the
medical examination will be notified by the Human Resources Department of the reason(s) for
failing the medical examination and advised of his or her right to challenge the medical
examination results and to present evidence, including the findings of his or her own qualified
medical provider, pursuant to Administrative Instruction No. 7-1.
The City shall test for alcohol and illegal drugs in conjunction with medical examinations.
However, such tests are not medical examinations, and their results are not subject to the
appeals process contained in Administrative Instruction No. 7-1.
The City prohibits the use of alcohol and illegal drugs at the workplace by all employees, and
the City requires that employees not be under the influence of alcohol or illegal drugs in the
workplace. The City requires that all employees be in compliance with the requirements of
the Drug-Free Workplace Act of 1988.
The application process shall be terminated for a job applicant who tests positive for alcohol
(four one hundredths of the one percent or more) or an illegal drug.
Lawrence Rael
Chief Administrative Officer
Date:_________




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                           September 1, 1992
                  ADMINISTRATIVE INSTRUCTION NO. 7-6


SUBJECT: Leave of Absence Form (P-30)
The Leave of Absence Form (P-30) was revised in November, 1986, to provide an effective
means of determining what type of leave is being taken. An analysis of leave taken will
ultimately provide the City with a better understanding of how this leave is being used and
will assist the administration in accomplishing its goals in this area.
Policy
All leave shall be coded correctly on the revised Leave of Absence Form (P-30) in order to
properly identify the type of leave being taken. The new forms are available in Office
Services.
Procedures
The following procedures will be observed in coding the revised Leave of Absence Form:
1.     Approval for leave of any type must be obtained from the department director or a
       designated representative. Spaces are provided for signatures) of the Personnel
       Director/Chief Administrative Officer when appropriate.
2.     Types of Leave
              Vacation Leave must be requested in advance.
              Sick Leave (Personal Absence) is to be used for illness and/or routine medical
              appointments.
              Sick Leave (Hospitalization) is to be used for any illness or injury requiring an
              extended hospital stay. It is also applicable for any surgical procedure which
              may involve out patient services at a hospital. If an employee is suffering from
              a serious illness or from a disability requiring a long-term sick leave absence
              (including childbirth), he/she may charge this to Sick Leave (Hospitalization) if
              the following conditions are met: the employee must make a written request
              with supporting documentation to his/her department director, and
              Emergency Leave is to be used if the leave is associated with a death and/or an
              emergency within the immediate family.
              Injury Leave may only be coded if the injury time has been approved by Risk
              Management. The Leave of Absence Form must be accompanied by all
              appropriate Risk Management forms if injury time is being claimed.
              Other types of leave that may be coded are: Birthday Leave, Leave for City
              Business, Military Leave, Court Service/Jury Duty, Leave Without Pay.


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                Hardship Leave requires the approval of the Chief Administrative Officer
                pursuant to the Personnel Rules and Regulations. Authorization for Leave to
                Vote may require the completion of a P-30.
3.       Employee Certification of Leave Request
               This section states that the employee certifies to the reason for the absence and
               acknowledges that a false claim could result in disciplinary action being taken.
4.       Attending Physician's Certification of Leave Request
                This section of the form is to be completed after a leave of more than three (3)
                days when Sick Leave is claimed or if an injury claim is being made. The
                employee will be asked to obtain his/her physician's statement and signature.
5.       Risk Management Certification of Return to Work Permit
                This part of the form will be completed by Risk Management.
Action
This instruction became effective February 9, 1987. Department directors and supervisory
staff are responsible for insuring that the procedures for accurately recording leave are
followed and that records and supporting documentation are properly maintained. Recording
of sick-leave usage on electronic timesheets became effective with the pay period beginning
February 16, 1987. Department timekeepers are to record sick leave (personal absence,
hospitalization and emergency) on electronic timesheets in accordance with instructions
which will be issued by DFM payroll staff.
As of the effective date of February 9, 1987, all departments are to use only the Leave of
Absence (P-30) form (revised 11-86) for recording sick leave. Existing supplies of the old
forms may be used for recording non-sick leave usage (vacation, etc.).
Any questions about the form or its completion should be directed to supervisors or the
designated timekeeper within each department.
Arthur A. Blumenfeld
Chief Administrative Officer




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 7-7


SUBJECT: City Payroll Deduction Policy -- Non-City Sponsored
         Activities
It shall be City policy to make payroll deductions only for official City- sponsored activities.
The City shall not make deductions for non-City sponsored organization.
Payroll deductions for existing non-City-sponsored life insurance which currently are the only
payroll deductions for non-City sponsored activities, will be continued as convenience for
City employees.
Every July 1, the service charges to the insurance companies will be reviewed and revised if
necessary. The service charges will be billed each July 1 and will be due in 30 days. Failure
of companies to pay the service charge may result in the elimination of payroll deductions for
that firm. The service charges are as follows:
         No. of Employees              Annual Fee
            30 to 99                   $480.00
           100 to 200                   600.00
            Over 200                    720.00
Arthur A. Blumenfeld
Chief Administrative Officer




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 7-8


SUBJECT: City Employees Holding Elective Office
Background
At the municipal election on October 3, 1989, the voters of Albuquerque set forth their
position regarding City employees holding elective office of the State of New Mexico or its
political subdivisions ("elective office").
The voters approved the provision that City employees, who were presently employed by the
City and were holding elective office at the time, were to be allowed to continue to hold
elective office--so long as they are elected to the same elective office. The voters authorized
City employees to hold elective office even if they were first elected and held office after
October 3, 1989, but before January 1, 1993, and they were permitted to remain in office and
City employment until January 1, 1993. Lastly, the voters disapproved of any City
employees, other than those who held elective office on or before October 3, 1989, holding
such office after January 1, 1993. Thus, it is apparent that a City policy must be established
for dealing with these three classes of employees.
Policy
It is the policy of the City of Albuquerque that an employee of the City, who was employed
by the City of Albuquerque on October 3, 1989, and who at that time held elective office of
the State of New Mexico or any of its political subdivisions, may continue to hold that same
elective office while serving as a City employee. Employees elected after that date may hold
elective office as provided by this instruction.
In carrying out this policy, the director of the department employing such employee
("director") shall adopt a written program with that employee which will allow the employee
to attend to the functions of his or her elective office by using a combination of leave time,
leave without pay, or time worked in addition to his or her regular work-week time during
each one-year period. For the purposes of this policy, a fiscal year shall be the time period for
calculating the time off and time counted to make it up.
At the beginning of each fiscal year, the employee and the director shall adopt a written
work/leave schedule and to develop a system which would enable the employee/elected
official and the employee's supervisor to know what arrangements and schedule had been
established. Records shall be kept to authenticate the time worked in addition to a regular
work-week. At the end of the fiscal year, there shall be a final totaling of time absent from
work which the City employee accrued while holding elective office. This shall be repaid by
leave time, leave without pay, or time worked in addition to a regular work week.
If, at the conclusion of the fiscal year, the time absent from work spent holding the elective
office exceeds the leave time, unpaid leave, or work in addition to a regular 40-hour work-
week, then the first and succeeding pay periods in the next fiscal year shall reflect a charge-off
of one day per pay period against that employee's pay by withholding pay equal to one day per

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pay period of pay until the remaining time off from the preceding fiscal year is repaid by the
payroll withholding. As an alternative, it may be charged against any accumulated leave time
at the rate of eight hours to one day of leave time. A written policy for each elected employee
to account for time worked in addition to the regular work-week should be formulated by the
employee's supervisor and the director.
The above procedure shall also apply to employees of the City who are elected to an elective
office after October 3, 1989, but who were not holding elective office on October 3, 1989, and
it shall also apply to employees of the City who were holding elective office on October 3,
1989, but who chose to run for a different elective office than that held on October 3, 1989.
Effective January 1, 1993, all employees of the City of Albuquerque are prohibited from
holding elective office, except those employees of the City who on October 3, 1989, were
employees of the City and who also hold the same elective office which they held on that
date. Those employees shall be allowed to continue holding the same elective office to which
they were elected prior to October 3, 1989, and to continue as City employees.
All other employees shall not hold elective office after January 1, 1992, while employed by
the City of Albuquerque. If they choose to continue in elective office after January 1, 1993,
such employees must terminate their employment with the City of Albuquerque.
Arthur A. Blumenfeld
Chief Administrative Officer




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 7-9


SUBJECT: Commercial Driver's License Requirements
The Federal Highway Administration, U.S. Department of Transportation, issued regulations
establishing uniform criteria and classifications for obtaining commercial class motor vehicle
operating licenses. The State of New Mexico has adopted these criteria and operator license
classifications. The criteria require all persons operating a vehicle with a Gross Vehicle
Weight Rating in excess of 26,000 pounds; or a vehicle designed to transport 16 or more
passengers; or a vehicle transporting hazardous materials to possess a valid Commercial
Driver's License (CDL). Consequently, all City employees required to obtain and possess a
Commercial Driver's License must conform to these requirements.
Although Federal and State regulations require City drivers to obtain a CDL, the regulations
exempt City driver employees from the provisions requiring a medical examination prior to
obtaining and/or renewing their driver licenses. Additionally, both Federal and State
regulations contain guidelines for Substance Abuse Testing, although testing is optional.
CITY POLICY:
It is the Policy of the City of Albuquerque that no employee of the City shall, in his/her
employment with the City, operate any vehicle or equipment which, under the laws of the
State of New Mexico, requires a Commercial Driver's License, unless the employee meets all
of the following criteria:
1.       The driver employee shall submit to and pass a medical examination by the City's
         physician;
2.     The driver employee shall submit to and pass a substance abuse test to ensure the
       absence of alcohol and/or any other prohibited substance. Such testing shall be
       performed by a City-designated collection site and laboratory;
3.     The driver employee has, on his/her person, a valid and appropriate Commercial
       Driver's License issued by the State of New Mexico; and
4.     The driver employee has, on his/her person, a valid City Vehicle/Equipment Operator's
       permit indicating the City's authorization to operate the vehicle. All City Operator's
       Permits currently issued to driver employees shall be revoked upon the expiration date
       of the individual employee's State drivers license, or April 1, 1992, whichever occurs
       first. Thereafter, the driver employee shall remain in compliance with this Policy.
       Driver employees required to possess a CDL to operate City vehicles/equipment shall
       be issued a City Operator's Permit only after meeting the above requirements.
DISCIPLINARY ACTION



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Failure to comply or cooperate with this Policy is cause for disciplinary action up to, and
including, termination from City employment.
Arthur A. Blumenfeld
Chief Administrative Officer




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                           September 1, 1992
                  ADMINISTRATIVE INSTRUCTION NO. 7-10


SUBJECT: Americans with Disabilities Act (ADA) Grievance Procedure
Background:
Title II of the ADA prohibits discrimination on the basis of disability by public entities in all
services, programs and activities (including employment) provided or made available to the
public.
1.       Disability means, with respect to an individual, a physical or mental impairment that
         substantially limits one or more of the major life activities (caring for one's self,
         performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and
         working) of such individual; a record of such an impairment; or being regarded as
         having such an impairment.
2.     Physical or mental impairment includes, but is not limited to, such contagious and
       noncontagious diseases and conditions as orthopedic, visual, speech and hearing
       impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer,
       heart disease, diabetes, mental retardation, emotional illness, specific learning
       disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and, if
       in recovery, drug addiction and alcoholism.
The U.S. Department of Justice, 28 CFR Part 35, Nondiscrimination on the Basis of Disability
in State and Local Government Services; Final Rule, §35.107(b), Complaint procedure, July
26, 1992, provides that;
        "A public entity that employs 50 or more persons shall adopt and publish grievance
        procedures providing for prompt and equitable resolution of complaints alleging any
        action that would be prohibited by this part."
ADA GRIEVANCE PROCEDURE:
A.     POLICY
       The City of Albuquerque, in maintaining a policy of Equal Employment Opportunity
       and equal access, will afford to all employees, applicants for employment and users of
       public services, programs and activities, the right to file a complaint or grievance on
       any discriminatory action, procedure or practice in selection, employment and access.
       The Personnel Services Department's ADA Investigative Unit, located on the 7th Floor
       of City Hall, shall be responsible for investigation of all such complaints and
       grievances. The purpose of the procedure is to provide an avenue for the resolution of
       complaints formally/informally, equitably and in a timely manner.
       The procedure shall be utilized only for complaints based on discrimination or alleging


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       noncompliance with the ADA. The grievance procedure outlined in the City' Merit
       System Ordinance shall be used for grievable issues not alleging discrimination based
       on disabilities covered under the ADA.
       Investigation of complaints regarding accessibility to City government programs,
       services and activities, reasonable accommodation or discrimination in employment,
       may be initiated by filing a charge with the ADA Investigative Unit of the Personnel
       Services Department.
B.     PRE-INTAKE PROCEDURE
       When investigating claims of discrimination in employment practices other than
       hiring, prior to accepting and investigating a complaint of discrimination, the grievant
       will be encouraged by the department's Affirmative Action Coordinator to discuss the
       complaint with his or her supervisor or department head to attempt to resolve the
       issues at the department level. If the grievant does not receive a satisfactory resolution
       of the complaint at that level, he or she may file a charge and initiate an investigation
       into the matter by contacting the ADA Investigative Unit.
C.     INTAKE PROCEDURE
       The following procedure will be used by the Personnel Department's ADA
       Investigative Unit in investigating and attempting to resolve ADA complaints:
       1.     The grievant must notify the Personnel Department's ADA Investigative Unit
              of his or her complaint in person or in writing within 30 calendar days from the
              date the alleged discriminatory action took place. The complaint shall include:
              a.      name and phone number of grievant, and department of grievant, if
                      internal;
              b.      date, description and/or location of alleged discriminatory act;
              c.      name(s), if known, of person(s) responsible for alleged discriminatory
                      act; and
              d.      nature of remedial action sought.
       2.     The Personnel Department's ADA Investigative Unit will meet with the
              grievant to review and clarify the issues and explain the complaint procedure,
              including the availability of alternative dispute resolution procedures.
       3.     The complaint will result in a thorough investigation conducted by the
              Personnel ADA Investigative Unit. The ADA Investigative Unit will submit
              investigative findings and recommendations to the department director and/or
              Chief Administrative Officer for review and final decision within ten (10)
              working days of the completion of the investigation. The ADA Investigative
              Unit may recommend such interim relief as may be appropriate.
       4.     Nothing in this section shall preclude any individual from filing a formal
              charge with the appropriate local, state or federal civil rights enforcement

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              agency at any stage of the procedure.
D.     NONRETALIATION
       No individual, applicant for employment or user of public services, programs or
       activities will be discriminated against, harassed, intimidated, retaliated against or
       suffer reprisal as a result of filing a complaint or participating in the investigation of a
       complaint by providing information, testimony or assisting in the investigation in any
       way.
E.      EFFECTIVE DATE
       This Administrative Instruction is effective immediately.
Arthur A. Blumenfeld
Chief Administrative Officer




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 7-11


SUBJECT: Americans with Disabilities Act 1990 (ADA)
Background:
The ADA prohibits discrimination against persons with disabilities in employment, public
accommodations, transportation, state and local government services and telecommunications.
The Act guarantees protection comparable to that previously afforded other groups on the
basis of race, sex, national origin, age and religion.
Policy:
The Administrative Instruction affirms the dedication of the city of Albuquerque to honor the
spirit and promote the purpose of the ADA as well as to adhere to the letter of the Act.
Therefore:
         PART I
       The following clause shall appear on all printed material prepared for public
dissemination:
       The city of Albuquerque does not discriminate on the basis of race, color,
       national origin, ancestry, sex, religion, age or disability, in the provision of
       services, programs or activities.
       PART II
The city of Albuquerque shall not discriminate on the basis of disability in contracting for the
purchase of goods and services. It may not directly or through contractual or other
arrangements, use criteria or methods of administration that have the effect of subjecting
qualified individuals with disabilities to discrimination on the basis of their disability.
Further, in the selection of procurement contractors, the city shall not use criteria that subject
qualified individuals with disabilities to discrimination on the basis of such disability.
To comply with these provisions and insure that city contractors and subcontractors also
comply, the following provision shall be inserted in all contracts in which the city of
Albuquerque is a party:
        The contractor shall comply with all applicable provisions of the Americans
        with Disabilities Act of 1990 (42 U.S.C. §12101) and federal regulations
        promulgated thereunder (28 C.F.R. Parts 35, 36 and 37).
       PART III
The city of Albuquerque shall not administer a licensing or certification program in a manner
that subjects qualified individuals with disabilities to discrimination on the basis of disability,
nor may it establish requirements for the programs or activities of licensees or certified


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entities that subject qualified individuals with disabilities to discrimination on the basis of
disability.
Effective Date:
This Administrative Instruction is effective immediately.
Arthur A. Blumenfeld
Chief Administrative Officer




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                          September 1, 1992
                 ADMINISTRATIVE INSTRUCTION NO. 7-12


SUBJECT: ADA Compliance for Public Service Announcements,
         Promotions and Brochures
The Americans with Disabilities Act requires the City of Albuquerque to ensure that its
communications with persons with disabilities are as effective as communications with others.
All public service announcements and promotions produced by or for the City of Albuquerque
which are prepared for television shall be open or closed captioned.
All such announcements which are prepared for radio broadcast or to appear in print shall say
that the announcement is also available in alternate formats, upon request.
All such public service announcements and promotions produced by or for the City shall
contain the voice and TTY numbers of the department, program or service which is identified
with the announcement. If no TTY number is set forth, it must state that TTY users may call
by using New Mexico Relay by dialing 1-800- 659-8331.
All public service announcements and advertisements of City-sponsored programs, services
and events previously produced must be modified as set forth above before they may be
broadcast or distributed. Existing brochures shall be withdrawn and either reprinted or
modified (for example, by adding the required information using stick-on labels or inked
stamps).
Arthur A. Blumenfeld
Chief Administrative Officer




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 7-13


SUBJECT: Family and Medical Leave Act (FMLA) Interim Personnel
         Rules and Regulations
The City of Albuquerque will grant up to 12 workweeks of paid or unpaid, job- protected
leave in any 12 months to eligible employees for certain family and medical reasons. This
Administrative Instruction will provide policy on the application of the FMLA and supersedes
any contradictory provisions of the City's Merit System Ordinance and/or Personnel Rules and
Regulations.
I.      Definitions:
       A.     "Family" means an employee's spouse, child or parent.
       B.     A "serious health condition" is an illness or injury, impairment or physical or
              mental condition that involves:
              1.      any period of incapacity or treatment in connection with or consequent
                      to inpatient care (e.g., an overnight stay) in a hospital, hospice or
                      residential medical care facility; or
              2.      any period of incapacity requiring the absence from work for more than
                      three (3) calendar days and involves continuing treatment by or under
                      the supervision of a health care provider; or
              3.      continuing treatment by or under the supervision of a health care
                      provider for a chronic or long-term health condition that is incurable or
                      so serious that if not treated would likely result in a period of incapacity
                      of more than three (3) calendar days; or
              4.      prenatal care.
       C.     "Continuing treatment by a health care provider" occurs when an employee or
              family member is:
              1.      treated for illness or injury two (2) or more times by either:
                      a.      a health care provider; or
                      b.      a provider of health care services (e.g., physical therapist) under
                              the orders of, or on referral by a health care provider; or
              2.      treated for illness or injury at least once by a health care provider and
                      such treatment results in a prescribed regimen of continuing treatment
                      (e.g., a course of medication or therapy) under the supervision of the

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                      health care provider; or
              3.      under the continuing supervision of (but not necessarily being treated
                      by) a health care provider for a serious long-term or chronic condition
                      or disability that is incurable (e.g., Alzheimer's, severe stroke, or
                      persons in the terminal stages of a disease).
       D.     A "health care provider" is:
              1.      a doctor of medicine (M.D.) or osteopathy (D.O.) who is authorized to
                      practice medicine or surgery by the State in which the doctor practices;
                      or
              2.      a podiatrist, dentist, clinical psychologist, optometrist and chiropractor
                      (limited to treatment consisting of manual manipulation of the spine to
                      correct a subluxation as demonstrated by X-ray to exist) authorized to
                      practice and performing within the scope of their practice as defined
                      under State law; or
              3.      a nurse practitioner and nurse-midwife authorized to practice and
                      performing within the scope of their practice as defined under State
                      law; or
              4.      a Christian Science practitioner listed with the First Church of Christ,
                      Scientist in Boston, Massachusetts.
       E.     Intermittent leave" is leave taken in separate blocks of time due to a single
              illness or injury which may include leave of periods from less than one (1)
              hour to several weeks.
              1.      The City may grant             intermittent   leave   for   child   birth   or
                      adoption/placement.
              2.      The City will grant intermittent leave for family care or the employee's
                      own medical care on the basis of medical necessity.
       F.     "Reduced leave schedule" is a schedule which reduces the usual number of
              working hours per workweek or workday.
              1.      The City may grant a reduced leave schedule for child birth or
                      adoption/placement.
              2.      The City will grant a reduced leave schedule for family care or the
                      employee's own medical care on the basis of medical necessity.
II.    Policy and Procedure
       A.     City employees are eligible if they:
              1.      have worked for at least 12 months as of the date the FMLA leave
                      begins; and
              2.      have at least 1,250 hours of service during the 12-month period

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                      immediately preceding the commencement of FMLA leave.
       B.     Paid or unpaid leave shall be granted to eligible employees for the following
              reasons:
              1.      the birth of a child or to care for the child following birth;
                      a.      this leave is available only during the first 12 months after the
                              birth of the child (unless pregnancy makes the employee unable
                              to perform essential job functions before birth, or for prenatal
                              care);
                      b.      this leave is available to either a mother or father (if both are
                              employed by the City, they will be permitted to take only a
                              combined total of 12 weeks paid or unpaid leave); or
              2.      the placement of a child for adoption or foster care;
                      a.      this leave is available to the adoptive or foster mother/father (if
                              both are employed by the City, they will be permitted to take
                              only a combined total of 12 weeks paid or unpaid leave);
                      b.      this leave is only available the first 12 months after placement
                              or adoption (unless absence from work is required before
                              placement or adoption); or
              3.      to care for an employee's spouse, child, or parent who has a serious
                      health condition;
                      a.      this leave is available when the employee is needed to care for a
                              family member for a serious physical and/or psychological
                              condition;
                      b.      this leave may be taken on an intermittent basis or reduced leave
                              schedule; or
              4.      for a serious health condition that makes the employee unable to
                      perform any or all of the essential function of the job.
       C.     Eligible employees requesting FMLA leave shall:
              1.      notify their immediate supervisors of their intent to take FMLA leave
                      and the reason(s) for such leave consistent with the intent of the Act as
                      specified above.
              2.      use paid leave which will be deducted from their 12-workweek FMLA
                      leave entitlement.
                      a.      Injury time used will be charged against the 12-workweek
                              entitlement.
                      b.      Hardship leave, if all other paid leave has been exhausted, will
                              be charged against the 12-workweek entitlement.

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                      c.      Accrued sick leave will be charged against the 12- workweek
                              entitlement.
                              i.     Sick leave used for FMLA purposes shall be exempted
                                     as per Section 401.4(A), Sick Leave Usage Policy, of the
                                     Personnel Rules and Regulations.
                              ii.    Sick leave used for FMLA purposes shall not be exempt
                                     under Section 401.4(H), Sick Leave Incentive Leave, of
                                     the Personnel Rules and Regulations.
                      d.      Use of donated vacation/sick leave will be charged against the
                              12-workweek entitlement.
              3.      use unpaid leave for the balance and/or all of the 12-workweek FMLA
                      leave entitlement if paid leave is insufficient to cover the period of
                      entitlement. In the event employees do not return to their positions
                      after the use of an unpaid portion of the 12-workweek FMLA
                      entitlement, they will be transferred to physical layoff status and the
                      one (1) year physical layoff provision will be reduced by the period of
                      unpaid FMLA leave.
       D.     Employees may use accrued vacation as all or part of the 12-workweek FMLA
              entitlement.
       E.     The 12 month period for FMLA leave entitlement shall be calculated as the
              period of time commencing 12 months immediately preceding the first day of
              each new FMLA leave.
       F.     Employees are required to provide advance leave notice and medical
              certification. FMLA leave may be delayed or denied if requirements are not
              met.
              1.      Employees must provide 30 days advance notice when the leave is
                      "foreseeable" (e.g., birth or placement of a child for adoption or foster
                      care, planned medical treatment).
                      a.      The City retains the right where employees' leave is foreseeable
                              to temporarily transfer employees to alternative positions if they
                              are qualified and if such positions are available.
                      b.      Alternative positions shall have equivalent pay and benefits, but
                              may also be part-time positions which better accommodate
                              intermittent leave or leave on a reduced leave schedule.
              2.      Employees shall provide written medical certification from a health
                      care provider to support a request for leave because of a serious health
                      condition to care for their spouse, child or parent. Employees must
                      submit such certification no later than 15 calendar days from the date
                      leave was requested.


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              3.      Employees shall provide written medical certification from a health
                      care provider to support requests for leave because of employees' own
                      serious health condition. A statement of the essential job functions or
                      position descriptions of employees will be provided to the health care
                      provider. Employees must submit such certification no later than 15
                      calendar days from the date leave was requested.
              4.      In the case of a request for leave because of the employee's own serious
                      health condition, the City may require a second medical opinion (at
                      City expense) or a third medical opinion (at City expense and with the
                      concurrence of the employee as to the health care provider) which shall
                      bind the City and the employee.
              5.      The City shall require a fitness for duty report, based on essential job
                      functions, to return to work.
       G.     Return to Work
              1.      Employees shall be restored to the same position that they held when
                      the leave started, or to an equivalent position with equivalent benefits,
                      pay and other terms and conditions of employment.
                      a.      If special qualifications are required for the position that have
                              lapsed during the employees' leave, they shall be given a
                              reasonable opportunity to fulfill the requirements after returning
                              to work.
                      b.      Employees are not immune from changes which occur during
                              leave if the same result (e.g., layoff) would have occurred even
                              had they not taken leave.
              2.      The standard for an equivalent position shall be that the duties, terms
                      and conditions and privileges are equivalent to those of the previous
                      position.
                      a.      If special qualifications are required for positions that have
                              lapsed during employees' leave, they shall be given a reasonable
                              opportunity to fulfill the requirements after returning to work.
                      b.      Employees shall be restored to the same worksite from which
                              they commenced leave or to a geographically proximate
                              worksite, same workshift or equivalent schedule.
                      c.      Employees are not immune from changes which occur during
                              leave if the same result (e.g., layoff) would have occurred had
                              they not taken leave.
                      d.      Denial of restoration to employment or other benefits shall state
                              in writing that employees would not have continued to be
                              employed, or to have received benefits, if they had continued to


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                              work until the time restoration was requested. Denial of
                              restoration must be approved by the Chief Administrative
                              Officer or designee.
                      e.      "Key employees" (those in the top 10% of salary) shall have a
                              limited exemption from the restoration requirements.
                              Restoration may be denied upon a document showing that
                              denial is necessary to prevent substantial and grievous economic
                              injury to the City. The City shall notify employees of their
                              status as "key employees" if there i s a possibility that they will
                              not be restored at the end of the leave period.
       H.     Maintenance of Insurance and Health Care Coverage
              1.      The City shall maintain employees' life insurance and health care
                      coverages under their existing group plans for the duration of FMLA
                      leave and under the conditions coverage would have been provided if
                      employees had not taken such leave.
                      a.      In the case of paid FMLA leave, premiums are to be paid in the
                              manner customarily used.
                      b.      In the case of unpaid FMLA leave, premiums are to be paid in
                              the manner customarily used.
                      c.      Employees are provided with a 30-day grace period after the
                              agreed upon date for payment within which employees may
                              make payment of premiums without affecting health care
                              coverage.
                              i.     If employees do not make payment within the 30- day
                                     grace period, the City shall cease to maintain health
                                     coverage on the date the grace period ends.
                              ii.    If health care coverage is discontinued as a result of non-
                                     payment of premiums by employees after the grace
                                     period, upon return to work, employees' group health
                                     and other benefits shall be restored to at least the same
                                     level and terms as were provided when leave
                                     commenced.
                      d.      Employees who do not return to work for at least 30 calendar
                              days after completion of FMLA leave are considered to have
                              failed to return to work for insurance and health care coverage
                              purposes.
              2.      If a City-sponsored benefit plan is changed during employees' leave
                      period, entitlement starts at the same point as if the employee were still
                      on the job.


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              3.      Requirements that the City allow employees to continue health benefits
                      coverage (but paying the full cost) for purposes of Title X of COBRA,
                      may occur when it becomes known that employees are not returning to
                      work and therefore cease to be entitled to leave under FMLA.
       I.     Protection of Benefits
              1.      Benefits that accrued prior to start of FMLA leave shall be resumed
                      upon employees' return to work at the same level as were provided
                      when leave began, without any new qualification period, physical
                      exam, open enrollment period, etc.
              2.      Any new or additional coverage or changes in health benefits shall be
                      made available to employees while on FMLA leave.
              3.      Any increases in pay or changes in benefits which are not dependent
                      upon seniority or accrual during the leave period shall be made
                      effective upon employees' return to work.
              4.      For unpaid FMLA leave, relevant PERA regulations shall apply.
       J.     Prohibitions
              1.      The City shall not interfere with, restrain, or deny the exercise of (or
                      attempt to exercise) any right provided under FMLA.
              2.      The City shall not discharge or in any other manner discriminate
                      against any individuals for opposing any practice made unlawful by
                      FMLA:
                      a.      filed charges, instituted (or cause to be instituted) any
                              proceedings under or related to FMLA.
                      b.      given (or be about to give) any information in connection with
                              an inquiry or proceeding relating to a right under FMLA.
                      c.      testified (or be about to testify) in any inquiry or proceeding
                              relating to a right under FMLA.
              3.      Employees shall be protected against retaliation for opposing any
                      practice which they reasonably believe to be a violation of FMLA.
              4.      Any violation of FMLA or its implementing regulations constitutes
                      interfering with, restraining or denying the exercise of rights provided
                      by FMLA.
       K.     Enforcement
              1.      Employees may contact the Personnel Services Department for
                      investigation and resolution of alleged violations of FMLA.
              2.      The U.S. Department of Labor is authorized to investigate and resolve

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                      complaints of violations.
              3.      Eligible employees may bring civil actions against the City for
                      violations.
              4.      FMLA does not affect any Federal or State law prohibiting
                      discrimination or supersede any State or local law or collective
                      bargaining agreement which provides greater family or medical leave
                      rights.
III.   Effective Date:
       This Administrative Instruction shall be effective August 5, 1993, and will remain in
       effect until further notice.
       Because both the leave entitlements and notice provisions are not effective until
       August 5, 1993, only leave starting on and after that date is considered FMLA
       leave which can be counted against employees' 12- workweek entitlement.
Arthur A. Blumenfeld
Chief Administrative Officer




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                            March 18, 1994
                 ADMINISTRATIVE INSTRUCTION NO. 7-14-1


SUBJECT: Nondiscrimination Policy
The city of Albuquerque acknowledges its continuing commitment to protecting individual
rights and privileges. In accordance with this commitment, the City prohibits discrimination
in the operation of government on the basis of race, color, religion, national origin or ancestry,
disability, age, gender, Vietnam Era or disabled veteran status, sexual orientation or medical
condition.
Lawrence Rael
Chief Administrative Officer
Date




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                            August 1, 2001
                 ADMINISTRATIVE INSTRUCTION NO. 7-15-1


Subject:       The Process Required to Obtain Authorization to Release,
               Create, Delete or Reclassify a Position.
In order to expedite the filing of authorized and budgeted positions, the Human Resources
Department (HRD), in conjunction with the Information Systems Division (ISD), has
developed an Electronic Position Control Form (EB-3), which provides City departments with
real-time tracking capabilities of the EB-3 in the process used to authorize the release and
advertisement of a vacant position.
A)     Procedure for the Electronic Routing of the EB-3
The Electronic Position Control Form (EB-3) is to be used as the exclusive means for the
release and advertisement of a vacant position. A manual Position Control Form (B-3) still
will be required for requesting the creation, the deletion, or the reclassification of a position.
                       1.      Preparing the EB-3
                               When preparing an EB-3, the initiating department is required
                       to enter the job code and the organizational code. Once this information
                       is entered, the EB-3 program automatically will complete all
                       subsequent information related to the position, providing the
                       department with accurate position information. The department will
                       then proceed to complete the advertisement portion which can be
                       accessed by the PF10 key. Once ail required information has been
                       entered the EB-3 is ready to route.
                       2.      Routing of EB-3 (Grades M-1511-8 and Above)
                               Releases for all management positions, equivalent to Grades M-
                       1511-8 and above will be initiated by the originating department and
                       routed 1St to the Office of Management and Budget (OMB) (electronic
                       route # 995), then to the Chief Administrative Officer (CAO)
                       (electronic route # 805) and/or Deputy Chief Administrative Officers
                       (electronic route # 801 or # 802) and finally to the HRD Director
                       (electronic route # 002).
                       3.    Routing of EB-3 (Positions other than Grades M-1511-8 and
                       Above
                               All positions other than Grades M-1511-8 will be initiated by
                       the originating department and routed to OMB (electronic route # 995)
                       and then to the HR Director (electronic route # 002).

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                      4.      Special Routing; to include Hiring Freezes
                              At times, the Chief Administrative Officer and/or Deputy Chief
                      Administrative Officers may deem it necessary to review and evaluate
                      all requests to release and advertise positions. During these times, the
                      routing for ALL positions approved for release by the Chief
                      Administrative Officer and/or Deputy Chief Administrative Officers
                      will be as follows: 1st to the Chief Administrative Officer (CAO)
                      (electronic route # 805) and/or Deputy Chief Administrative Officers
                      (electronic route # 801,802, or 803), then to the Office of Management
                      and Budget (OMB) (electronic route # 995), and finally to the HRD
                      Director (electronic route # 002).
B)     Procedure for Manual B-3s
A manual Position Control Form (B-3) will still be required for requesting the creation,
deletion, change or re-classification of a position.
              1.      All B-3 forms initiated to create, delete, change, or to request
              temporary duplicate positions shall be routed to OMB and the CAO. B-3 forms
              to perform minor corrections (usually necessitated by invalid original input)
              shall not be subject to this provision.
              2.     Approval by the CAO to create or change any position shall be
              provisional for the purpose of establishing grade. Grade will be determined
              through Classification review performed by the Human Resources Department.
              3.     A regular reconciliation of the Position Control database shall be done
              twice yearly.
                             a.      Reconciliation normally shall occur in July, at the
                      beginning of the fiscal year and in November, prior to the Salary
                      Forecast being generated, and will be done on an as needed basis.
                             b.     Department Coordinators shall assist OMB and HRD in
                      maintaining an accurate position control system.
               c.     Both OMB and HRD shall be responsible for correction of their
respective systems.
This procedure shall be effective August 2, 2001.
Lawrence Rael
Chief Administrative Officer
Date




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                           September 8, 1994
                 ADMINISTRATIVE INSTRUCTION NO. 7-16-1


SUBJECT: Administration of Merit System for Department of Council
         Services
City of Albuquerque Merit System Ordinance §3-1-1 authorizes the Chief Administrative
Officer to administer the merit system. Pursuant to the authority of this ordinance, the Chief
Administrative Officer hereby delegates to the Director of Council Services administration of
the merit system contained in §§3-1-1 through 3-1-25, City of Albuquerque Ordinances
(1994) as it pertains to employees in the Department of Council Services.
Lawrence Rael
Chief Administrative Officer
Date




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                            March 15, 1995
                  ADMINISTRATIVE INSTRUCTION NO. 7-17


SUBJECT: Light Duty/Modified Work Program
It is the policy of the city of Albuquerque to fully utilize its employees and to maintain a
productive, equitable and positive work environment. To accomplish this goal and to comply
with the Workers' Compensation Act this policy encourages the return of employees injured
on the job to productive work as soon as medically sound after the injury. Participation in the
Program is restricted to employees whose status is classified as a permanent employee.
The Risk Management Division of the Department of Finance and Management shall
administer the program, which will contain the following two components.
         LIGHT DUTY
         This component is intended to return an employee who has sustained an on- the-job
         injury to a productive level of work in preparation of return to his/her pre-injury
         position. The maximum duration of this participation shall be 45 calendar days unless
         an extension is approved by the Medical Director as being medically necessary.
       The employee's Department in conjunction with the Employee Health Services
       Manager, Medical Director, and the Department of Human Resources shall be
       responsible for identifying the light duty job functions. The light-duty assignment will
       be temporary in nature to assist the employee and the operating department during the
       employee's temporary inability to return to normal duty.
       MODIFIED WORK
       This city-wide component is designed to provide productive work for employees who
       have been medically determined not to be capable of performing the essential job
       functions of their pre-injury position. When an employee is released for duty by the
       Employee Health Center, the Human Resources Department and/or Employee
       Relations shall identify vacant positions city-wide for which the employee is qualified
       and offer the employee a position for which the employee has been determined to be
       capable of performing the essential functions. This placement may either be to an
       existing vacant position or a position which has been modified.
       The essential job functions of the position shall be identified by the receiving
       department, subject to approval by the Human Resources Department in conjunction
       with the Risk Management Division.
This policy is intended to create a positive atmosphere in which the skills and abilities of City
employees may be fully utilized in a mutually productive manner.
Lawrence Rael
Chief Administrative Officer



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                             June 1, 1995
                  ADMINISTRATIVE INSTRUCTION NO. 7-18


SUBJECT: Harassment/Sexual Harassment Policy
The city of Albuquerque is committed to providing a work environment free from all forms of
harassment. Harassment is verbal or physical conduct that denigrates or shows hostility or
aversion toward an individual because of his/her race, color, religion, gender, national origin,
ancestry, age, disability, medical condition, or sexual orientation; and that has the purpose or
effect of creating an intimidating, hostile, or offensive work environment; and has the purpose
or effect of unreasonably interfering with an individual's work performance; or otherwise
adversely affects an individual's employment opportunities or ability to obtain public services.
Harassment based on any of the forgoing statuses is a form of discrimination which is
unlawful under local, state and federal civil rights laws. This policy applies to all forms of
harassment, including sexual harassment.
The city of Albuquerque, as a public employer and a provider of services, WILL NOT
TOLERATE OR CONDONE HARASSMENT IN ANY FORM from any employee
regardless of his/her employment status, nor from a provider of services who is under contract
with the City. All employees, supervisors and managers are responsible for maintaining a
work environment free of any form of harassment and will be held fully accountable in
complying with this policy and taking appropriate measures to insure that such conduct does
not occur. Applicants for employment are entitled to employment consideration without
being subjected to sexual or other forms of harassment. Any employee found to have
engaged in prohibited harassment will be subject to disciplinary action, up to and
including termination.
This policy supersedes all previous policies with the city of Albuquerque addressing
harassment/sexual harassment and is made in accordance with City Council Bill No. C/S R-
158, regarding sexual harassment. Departments may reinforce this policy with an additional
departmental policy consistent with this policy and with the signature of the Chief
Administrative Officer.
DEFINITION OF SEXUAL HARASSMENT
Title VII of the Civil Rights Act of 1964, in conjunction with the Equal Employment
Opportunity Commission's guidelines for defining sexual harassment prohibits unwelcome
sexual advances, requests for sexual favors, and verbal expression or physical conduct of a
sexual nature.
Sexual harassment is defined as any unwelcome sexual advances, requests for sexually
motivated physical contact, or other verbal expression or physical conduct or communication
of a sexual nature when:
        1.      Submission to that conduct or communication is made a term or condition,
                either explicitly or implicitly, of obtaining employment or public services; or
       2.      Submission to or rejection of that conduct or communication by an individual

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               is used as a factor in decisions affecting that individual's employment or
               obtaining public services; or
       3.      That conduct or communication has the purpose or effect of unreasonably
               interfering with an individual's employment or obtaining public services or
               creating an intimidating, hostile or offensive environment in which to work or
               obtain services.
The following criteria will be looked at to determine if sexual harassment exists:
       1.     The frequency of the conduct. A single instance of an unwelcome sexually
              explicit comment or request for a date may not constitute a hostile
              environment, but a barrage of such comments or requests could.
       2.      The severity of the conduct. A single instance of physically threatening
               conduct or public humiliation of someone, based on the person's sex could
               create a hostile environment if it is severe enough. Grabbing an employee's
               breasts, even once, could well be considered severe, for example. But a single
               offensive utterance is less likely to be viewed by a court creating a hostile
               environment.
       3.      Whether the conduct unreasonably interferes with work performance. A
               person is not required to have a nervous breakdown to make a valid hostile
               environment claim. It is enough that the conduct "unreasonably interferes"
               with work performance.
Unwelcome verbal or physical conduct which does not rise to the level of sexual harassment,
may be a violation of other City policies and is prohibited.
Examples of Sexual Harassment
The following are examples of conduct which is considered sexual harassment. Conduct
which is not on this list can also be sexual harassment if it meets the above definition.
A.     Physical Assaults of a Sexual Nature, such as:
       1.      Rape, sexual battery, molestation, or attempts to commit these assaults;
       2.      Intentional physical conduct, such as touching, pinching, patting, grabbing,
               brushing against another employee's body, or poking another employee's body
               that is sexual in nature.
B.     Unwanted Sexual Advances, Propositions, or Other Unwanted Sexual Comments,
       such as:
       1.      Threatening adverse actions in order to have a sexual favor performed;
       2.      Suggesting a desire for sexual relations or physical contact;
       3.      Propositions of sexual nature;
       4.      Continued requests for dates AFTER being informed that such requests are
               unwelcome;


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       5.     Use of any offensive or demeaning terms which have a sexual connotation
              such as:
              a.        Verbal abuses of a sexual nature;
              b.        Graphic commentaries about a person's body;
              c.        Use of sexually degrading words to describe a person;
              d.        Telling jokes or making remarks of a sexual nature to, or in the
                        presence of, persons who find such jokes or remarks offensive.
       6.     Whistling or calling another in such a manner as to attract unwelcome attention
              to another person, i.e. "wolf whistling" "cat calls";
       7.     Initiating unwanted discussion of one's personal sex life.
       8.     Non-verbal gestures such as:
              a.        Looking or staring at a person up and down;
              b.        Winking, throwing kisses, or licking lips;
              c.        Making sexual gestures with hands or through body movements.
C.     Sexual Displays or Publications Anywhere in Workplace by Employees, such as:
       1.     Displaying pictures, posters, calendars, graffiti, cartoons, objects, promotional
              materials, reading materials, or other materials that are sexually suggestive,
              sexually demeaning or pornographic, or bringing into the work environment or
              possessing any such material to read, display, or view at work.
       2.     Reading or otherwise publicizing in the work environment materials that are in
              any way sexually revealing, sexually suggestive, sexually demeaning, or
              pornographic.
       Examples of Other Harassment (related to race, sex, religion, national origin,
       ancestry, age, disability, medical condition or sexual orientation)
       1.     Epithets
       2.     Slurs
       3.     Negative stereotyping
       4.     Threats
       5.     Hostile acts
       6.     Denigrating or hostile written or graphic material posted or circulated in the
              workplace
       7.     Tolerance by supervisors of above harassment


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Retaliation for Harassment/Sexual Harassment Complaints is prohibited, such as:
        1.      Disciplining, changing work assignments of, providing inaccurate work
                information to, or refusing to cooperate or discuss work- related matters with
                any employee because that employee has complained about or resisted
                harassment, discrimination, or retaliation; and
       2.      Intentionally pressuring, falsely denying, lying about or otherwise covering up
               or attempting to cover up conduct, such as that described in any item above.
The above is not to be construed as an all inclusive list of prohibited acts under this Policy
Harassment/Sexual Harassment is prohibited and hurts other employees, and contributes to a
general atmosphere in which all employees suffer the consequences. Any of the prohibited
conduct described here, has no legitimate business purposes; accordingly, the employee who
engages in such conduct should be and will be made to bear the full responsibility for such
conduct.
REPORTING HARASSMENT
Employees and applicants for employment who believe they have been subjected to sexual or
other harassment are encouraged to tell the person responsible for the behavior that his or her
actions are offensive and unwelcome. Employees and applicants for employment have an
obligation to report the matter promptly to a supervisor OR the department director OR to the
Employee Equity Manager within 180 days of the incident. An employee may also exercise
his/her rights to pursue an action through any local (city of Albuquerque, Human Rights
Office), state (Human Rights Commission of New Mexico) or federal (Equal Employment
Opportunity Commission) regulatory agency responsible for enforcement of anti-
discrimination laws. This policy does not extend the time limits to file any discrimination
action.
ANY DEPARTMENT DIRECTOR, MANAGER OR SUPERVISOR WHO OBSERVES OR
HAS KNOWLEDGE OF HARASSMENT, MUST IMMEDIATELY BRING THE MATTER
TO THE ATTENTION OF THE EMPLOYEE EQUITY MANAGER. FAILURE TO DO SO
MAY RESULT IN DISCIPLINARY ACTION.
The Employee Equity Office will investigate all reports of alleged harassment. To the extent
possible, the City will keep the information confidential, consistent with its obligation to
investigate promptly and thoroughly. If the City determines that harassment or other
violations of City policy have occurred or that counseling, training, disciplinary measures or
termination are appropriate, it will take appropriate measures to correct the problem.
No employee will be retaliated against in any way for reporting in good faith any allegations
of harassment or assisting, testifying, or participating in an investigation. Such retaliation in
and of itself may result in disciplinary action, up to and including termination.
All employees are required to cooperate with any investigation undertaken by the City in
response to an allegation of harassment. Department Directors are responsible for assuring
cooperation with investigations. Refusal to cooperate in an investigation may result in
disciplinary action, up to an including termination.
Each department director shall adhere to and enforce the procedures established by the city of
Albuquerque which provides work sites free of harassment/sexual harassment, so that
instances of harassment/sexual harassment will be detected soon after their occurrences, and
to provide for resolution of complaints within the department.
ALL EMPLOYEES OF THE CITY OF ALBUQUERQUE HAVE THE RIGHT TO AN

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EQUITABLE WORKING ENVIRONMENT.
The Employee Equity Office is available to discuss incidents, investigate whether the conduct
appears to be harassment or sexual harassment, and explain the options for dealing with
harassment. Any activity that may be harassment should be reported to determine if any
corrective action should be taken.
For more information contact the Employee Equity Program at 764-1040.
Effective Date
This Administration Instruction is effective immediately.
Lawrence Rael
Chief Administrative Officer




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                              July 16, 2001
              ADMINISTRATIVE INSTRUCTION NO. 7-19 (Revised)


SUBJECT: Political Activities of City Employees and Use of City
         Property for Political Activities
Every city employee has the right to support the Candidates and ballot questions of their
choice; however, the credibility and the integrity of our service demands that City employees
obey the laws and regulations governing political activity and prevent the appearance of
governmental involvement or bias.
1.      Definitions
       Candidate or Candidates shall mean a person who is a prospective candidate or a
person who has filed as a candidate or their representative or anyone promoting or opposing
any ballot proposition or the election of anyone seeking public office in any election.
        Public Meeting Space means a City owned or leased area inside or outside of a
structure that is used as a meeting area for general public on an ongoing basis throughout the
year and shall not include meeting rooms and conference rooms or other areas used only for
government business.
2.      Conduct of City Employees
The following activities are permitted or prohibited for all City employees with respect to all
elections.
        A.      Activities Permitted          Any City employee may:
                1)     Register and vote;
                2)     Express an opinion about Candidates or on issues;
                3)     Assist in voter registration drives;
                4)     Display political pictures, stickers or posters in homes or on private
vehicles;
                5)     Become politically active in connection with any question or issue on
the ballot;
                6)     Attend a political rally, fund raising function or other political
gathering; or
                7)     Participate in the following activities while not on duty.
                       a      Sign nominating petitions;

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                        b.     Make      voluntary contributions     to   Candidates   or   issues
committees; or
                        c.     Wear political buttons or badges while not on duty or in City
uniform.
       B.        Activities Prohibited         No City Employee Shall:
                 1)     Become a Candidate for any elective City office;
               2)     Actively campaign for or against a Candidate for any elective office
while on duty or represent a Candidate while on duty. Volunteers assisting in City functions
under the supervision or direction of City employees shall not campaign for a Candidate while
performing such duties for the City;
               3)    Receive, disburse or account for assessments, contributions or other
funds for any Candidate;
                 4)     Receive or offer to receive any money, gratuity or benefit from any
candidate;
                5)     Wear on one's person political badges or buttons while on duty or while
in a City uniform at any time;
                6)      Take either a position for or against any Candidate for elective office
while representing either that such position is an official City position on such Candidate or
that such position is taken in one's official capacity as a City employee;
                7)      Circulate nominating petitions within or on City property while on
duty, at the place of one's employment or at any time or any place while in City Uniform;
                 8)     Serve as an election judge or clerk in a City election;
               9)      Use any City-owned properly, equipment, supplies, vehicles or space
either to campaign for or against a Candidate.
             10)    Display or distribute any political stickers, posters or materials on or
from City-owned vehicles or City property;
                11)    Display or distribute any political stickers, posters or material for or
against any Candidate while on duty or at the City employee's work place, other than bumper
stickers displayed on the employee's private vehicle, including vehicles parked in City owned
parking lots; or
             12)     Use the employee's position or status to influence the support of other
City employees or City officials for or against any Candidate or issue.
       C.      Hatch Act        Any City employee whose principal employment is in
connection with an activity which is financed in whole or part by loans or grants made by the
United States or a Federal agency is subject to the provisions of the Hatch Act in addition to
the prohibited activities set forth in this memorandum. Each City Employee is responsible for
determining if Hatch Act prohibitions apply to his or her employment with the City.

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3.     Facility Tours.
City employees who are authorized to conduct tours of City facilities may guide Candidates
through City facilities provided that such employees do not campaign for or against any
Candidate while conducting such tour. Tours shall not disrupt or otherwise interfere with
ongoing City programs, activities, or meals.
4.     Public Meetings.
Candidates may attend meetings of advisory councils or other similar organizations that are
authorized by the City to conduct activities at a City facility as well all City boards and
commissions. Candidates may be introduced to the public at the meetings of such
organizations. Candidates shall be entitled to make public comment on agenda items that are
open for public comment.
5.     Petition Signatures.
Candidates may ask members of the public at City facilities to sign nomination or other
petitions to qualify to be on the ballot. Candidates shall not solicit such signatures from City
employees during the employee's working hours. Solicitation of petition signatures shall not
interrupt ongoing City activities, programs, or meals and shall not block the orderly flow of
traffic.
6.     Campaign Materials.
Candidates may. wear campaign logos, clothing, buttons, name tags and other similar
campaign materials while at City facilities, as may members of the public, whether or not they
are actively campaigning. City employees and volunteer staff under the direction of City
employees shall not wear, carry or distribute such campaign materials while on duty.
7.     Use of City Property.
City Property may be used for political activities only through compliance with the following:
        A.       Candidates shall be allowed access to Public Meeting Space for campaign
events through written request at least two weeks prior to the planned event. The manager of
the facility the Candidate designates for use shall make the determination of availability of the
requested facility. Any previously scheduled use of the location or conflicting on going uses
for a City-sponsored activity shall take precedence over the request. Campaign events consist
of the use of part or all of a facility for a meeting or program by the Candidate and do not
include activities described previously in this administrative instruction. In the event more
than one Candidate requests use of Public Meeting Space on City property for the same day
and time, the request first received shall be allowed if the Public Meeting Space is otherwise
available. No City equipment, materials, or labor of City employees on duty shall be provided
to Candidates related to their use of a Public Meeting Space.
         B.      A Candidate may distribute campaign materials, greet employees and solicit
contributions and petition signatures at entrances or exits to City property as well as at any
place open to the general public but only in a manner that does not disrupt the orderly flow of
traffic or interrupt City activities, programs or meals.


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        C.     Campaign materials may be placed in a manner and at locations as designated
by the manager of the City facility. The manager shall provide locations accessible to the
public. The manager shall be entitled to limit space available for each Candidate in order that
all Candidates may have space for their materials and to limit the number of locations for such
materials to ensure the public safety.
        D.       Candidates and their representatives shall not contact City employees at their
work sites while the City employee is on duty other than to make arrangements for the use of
City facilities as allowed in this administrative instruction.
Lawrence Rael
Chief Administrative Officer




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                          February 20, 1997
             ADMINISTRATIVE INSTRUCTION 7-20-1 (Corrected)


SUBJECT: City of Albuquerque Substance Abuse Review and Appeals
         Board - Rules of Procedure for Appeals From Designation of
         Positions as “Safety Sensitive”
1.     Statement of Purpose. The purpose of these rules is to implement and clarify the City
       of Albuquerque (hereinafter the “City”) policies regarding the designation of certain
       positions as “safety sensitive” for purposes of substance abuse and alcohol and drug
       testing, as required by Section 2(B) of Resolution R-237 of the City Council for the
       City of Albuquerque, and to establish fair and expeditious procedures for employees
       to contest the designation of their positions as “safety sensitive” as required by said
       Resolution and Administrative Instruction 7-1-1 (Revision 2), Section M(4).
2.     Authority. These rules are enacted pursuant to powers stated in Section 2(B) of R-
       237, and Section M(4) of Administrative Instruction 7-1-1 (Revision 2).
3.     Legislative Definitions. For purposes of these rules, the terms defined in Section C of
       Administrative Instruction 7-1-1 (Revision 2) shall have the meanings set forth
       therein.
4.     List of “Safety-Sensitive” Positions. The City Human Resources Department shall
       promulgate and cause to be circulated to each City Department a list of all “safety-
       sensitive” positions within City government.
5.     Notification of Employees. The Human Resources Department shall notify each
       “safety-sensitive” employee of such designation. Such notification shall be in writing,
       and shall state that the employee‟s position has been designated as “safety sensitive”,
       that the employee‟s Department has been notified of such designation, and shall advise
       each affected employee of their right to appeal such designation. Employees newly
       hired or transferred into a “safety-sensitive” position shall be promptly notified of such
       status by the Director of the Human Resources Department.
6.     Employee‟s Appeal Notice. An employee whose position has been designated as
       “safety sensitive” may appeal such action by submitting a notice of appeal to the
       Director of the Human Resources Department within thirty (30) calendar days of his or
       her notification that his/her position has been designated as “safety sensitive”. The
       notice of appeal shall state:
       (1)     The employee‟s name;
       (2)     Social security number;
       (3)     Job classification, or other information identifying the employee‟s position;
               and

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       (4)    The reasons for the employee‟s claim that his or her position is not “safety
              sensitive”, including information relating to the employee‟s daily job duties
              together with any supporting documents.
       The rights of appeal set forth in these rules shall not apply or be available to
       employees whose positions are defined in United States Department of Transportation
       Regulations as “safety sensitive” nor to the designation of “safety-sensitive” positions
       held by police officers, corrections officers or firefighters.
7.     Department Inquiry. The Director of the Human Resources Department shall review
       the information submitted by the employee, along with any information provided by
       the employee‟s department, and shall notify the employee in writing of a
       determination within fifteen (15) calendar days of the employee‟s submission. The
       Director of the Human Resources Department shall simultaneously forward the
       employee‟s claim and the notification of determination to the Substance Abuse Policy
       Review and Appeals Board (hereinafter the “Board”).
8.     Notification of Hearings on Appeals. If the determination of the Director of the
       Human Resources Department is to deny the employee‟s claim, the Board shall set the
       employee‟s appeal for hearing as expeditiously as possible, and shall notify the
       employee, or his or her representative, the employee‟s Department Director, and the
       Director of the Human Resources Department of the date, time and place of the
       hearing. In the event the employee fails to appear at the time and place specified, the
       employee may reapply for a hearing within ten (10) calendar days of the hearing date
       by submitting another notice of appeal to the Director of the Human Resources
       Department, as provided in Section 6, above, and, in addition, the employee shall state
       the reasons for his or her failure to appear at the earlier scheduled hearing. It shall be
       within the Board‟s discretion to grant or deny the employee‟s renewed request for a
       hearing.
9.     Conduct of Hearings. In all hearings conducted under this regulation, the employee
       shall have the right to be represented by a person of his or her choosing. The
       proceedings shall be recorded either by means of stenographic or audio tape by a
       certified reporter or monitor. Neither the rules of evidence nor of civil procedure shall
       apply, but the employee and the Director of the Human Resources Department shall
       each be accorded a full and fair opportunity to examine witnesses and to present any
       relevant evidence to the Board so as to establish a complete record.
10.    Standard of Review. In deciding whether a position should be classified as “safety
       sensitive”, the Board shall apply the criteria set forth in Administrative Instruction 7-1-
       1 (Revision 2), and shall apply the designation, at a minimum, to employees with
       access to Controlled Substances and to those employees who are required by their job
       descriptions to hold a commercial driver‟s license, and who actually drive commercial
       vehicles. In determining whether the designation should apply to additional positions,
       the Board shall consider the extent to which the job responsibilities impact upon the
       safety of the public, the extent to which the job responsibilities expose the employee or
       co-workers to hazardous conditions, and the extent to which the job requires
       responsibility for the safety of others.


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11.    The Board‟s Decision. The Board shall issue a written decision within thirty (30)
       calendar days of the completion of the hearing to either uphold or to reverse the
       determination of the Director of the Human Services Department. The Board shall
       state the reason for its decision, and shall transmit its decision to the Chief
       Administrative Officer. Copies of the Board‟s decision also shall be provided to the
       employee, or his or her representative, the employee‟s Department Director, and to the
       Director of the Human Resources Department. The Board‟s decision on the matter
       shall be the City‟s final administrative step, and shall not be subject to further review
       or appeal.
Lawrence Rael
Chief Administrative Officer




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                           September 5, 1996
                  ADMINISTRATIVE INSTRUCTION NO. 7-21


SUBJECT: Change of Drug Testing Standard for the Police Department
This instruction relates to Administrative Instruction No. 7-1-1 (Revision 2), Substance Abuse
Policy. The drug test standard for the Police Department has been the NIDA 5. The new
standard will be the SAFE 10 for all types of testing involving Police Officers.
This change will be effective immediately.
Lawrence Rael
Chief Administrative Officer




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                        November 25, 2002
           ADMINISTRATIVE INSTRUCTION NO. 7-22 (Revised)


SUBJECT: Violence in the Workplace and Domestic Violence Policies
A.     Policy Background
Violence in the workplace is a tragedy which occurs all too frequently and appears to be on
the rise within the workforce in today's society. Homicide is now the leading cause of death
for women in the workplace and the second leading cause for men. As a major and diverse
employer in the community, the City of Albuquerque has a significant interest in providing a
work environment to all of its employees that minimizes the risk of workplace violence.
Domestic violence is a significant concern in addressing workplace violence since this form of
violence often extends to the worksite of the victim. Although statistics indicate that most
incidents of domestic violence are attributed to males, no one should ignore the fact that such
abuse can also be attributed to females or occur in same sex relationships.
B.     Violence in the Workplace Policy
It is the policy of the City of Albuquerque that workplace violence by employees shall be
prohibited. Furthermore, violent behavior including domestic disputes directed toward a City
employee by a member of the general public shall not be tolerated.
Prohibited workplace behavior includes intimidation; verbal threats; physical assault;
vandalism; arson; sabotage; the unauthorized display, possession or use of weapons on City
property (Personal Rules/Regulations 301.7), jokes or comments regarding violent acts which
are reasonably perceived to be a threat; or, any other behavior reasonably perceived to be a
threat of imminent harm against an employee or member of the general public.
It is the responsibility of all employees who witness or are the subject of the behaviors
prohibited by this policy to report the incident(s) to their immediate supervisor unless the
supervisor is the one exhibiting the prohibited behavior, in which case the employee shall
report the behavior to the next highest person within the organization.
It is the responsibility of the supervisor receiving the complaint to conduct an investigation of
the incidents(s) in accordance with the methods and procedures presented in the mandated
supervisory development training. These materials may be obtained from Employee Health
Services, 768-4613. The supervisor will initiate appropriate action to abate the prohibited
behavior. The supervisor shall prepare a written response within 10 days to the employee(s)
reporting the incident(s). This response shall include acknowledgement of the employee(s)
complaint; a description of the investigation conducted; and, the action that was initiated to
abate the prohibited behavior.
After a finding of fact that an employee engaged in prohibited behavior, the supervisor will

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conduct a pre-determination hearing and will make a mandatory referral to the Employee
Assistance Program (768-4613) and impose disciplinary action up to including termination.
C.     Implementation Guidance
Workplace violence is highly situational, requiring creativity and judgment to be applied to a
specific situation.
Upon occasion, employees may encounter situations in which the threat of immediate harm
from another employee or the general public may occur. In the vast majority of these
situations, employees can de-escalate the situation. Examples of appropriate de-escalation
techniques include:
1.     Offering to transfer an irate caller on the telephone to a supervisor.
2.     Requesting the intervention of supervisor.
3.     Walking away from the situation.
4.     Staying in control of speech and behavior. Do not retaliate or respond in kind.
5.     Contacting security or APD to have the offender removed from the premises.
Appropriate action which could be initiated by the supervisor to abate prohibited behavior by
an employee might include:
1.     Referral of an employee to the City's Employee Assistance Program. This is initiated
by contacting the manager of Employee Health Services, 768-4613.
2.    Referral of an employee to the City's Medical Director for a Fitness for Duty
examination. This is initiated by contacting the HR Administrator of the Human Resources
Department, 768-3700.
3.     Placing the employee on administrative leave. 4. Imposing disciplinary action up to
and including termination from City employment.
5.     Offering assistance and cooperation in filing a criminal complaint against the offender.
Appropriate action which could be initiated by the supervisor to abate prohibited behavior
directed at a City employee by the general public might include:
1.      Notifying the individual that a complaint has been filed by the employee. The specific
prohibited behavior should be stated and the individual advised that this behavior violates City
Policy, will riot be tolerated, and may result in legal action.
2.    If possible, eliminate or reduce the opportunity for future contact between the
employee and the individual.
3       Assist the employee in filing a criminal complaint against the offender.
D.     Domestic Violence/Civil Protection Orders
It is the intent of this policy to encourage employees to self-disclose situations relating to

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domestic violence. Employees shall notify their supervisors the workplace may be in danger
from the perpetrator. Employees shall notify their supervisor and the Employee Health
Services Manager when the City worksite has been included (or is requested to be included) in
a civil protection order and to provide a copy of the civil protection order to their supervisor.
Supervisors have the responsibility to take reasonable steps to honor the civil protection order
and to expedite a request for leave of absence, if necessary. Supervisors shall contact the
City's Employee Assistance Program to facilitate contact between the Program and impacted
employee. Supervisors shall maintain respect for individual privacy and confidentiality within
the context of protecting the worksite, co-workers, general public and the individual employee
involved.
This administrative instruction is effective immediately.
Jay J. Czar /s/
Jay J. Czar
Chief Administrative Officer
Date: 11/25/02




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                              April 23, 1998
                   ADMINISTRATIVE INSTRUCTION NO. 7-23


SUBJECT: Employee Clearance Form
Background:
During the course of employment, City staff is issued a variety of equipment/supplies for
official use in performing the essential tasks of the position. Upon termination of an employee
OR transfer from one department/division to another it is the supervisors responsibility to
retrieve all issued equipment/supplies and notify the proper offices of the termination and/or
transfer.
Policy:
EMPLOYEES TERMINATING CITY EMPLOYMENT
It is the responsibility of both the employee and the supervisor to ensure completion of the
Employee Clearance Form on the employee's last work day. The form is to serve as a means
of 1) obtaining the correct mailing address for the employee; 2) documenting the reason for
terminating employment; 3) serve as a check list to ensure the supervisor retrieves all
equipment and/or supplies previously issued; 4) coordinate all payroll activities, i.e., final
check, payroll schedules, dock pays, direct deposits; 5) allowing for termination of
health/dental benefits and notification of COBRA rights; and 6) reminding the supervisor to
request cancellation of computer access through submittal of a service request and/or e-mail
message to the Help Desk. Additionally, all petty cash funds for which the employee had
custodial responsibility should be reconciled and returned to the supervisor.
EMPLOYEES TRANSFERRING TO ANOTHER CITY DEPARTMENT
It is the immediate supervisor's responsibility to ensure completion of the Employee
Clearance Form upon transfer to another City department/division.
This action will ensure all equipment and/or supplies be retrieved prior to the transfer and will
ensure all the required Payroll and ISD coordination takes place.
Effective Date:
This administrative instruction is effective immediately
Lawrence Rael
Chief Administrative Officer




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                             March 1, 1999
                  ADMINISTRATIVE INSTRUCTION NO. 7-24


SUBJECT: Merit System Ordinance § 3-1-6(B), Leave for Collective
         Bargaining
Purpose:
The Merit System Ordinance revision of October, 1998, provides that employee members of a
union's negotiating team will receive leave with pay to attend scheduled bargaining sessions
with the City's negotiating team which occur during the employee's normal working hours.
The purpose of this Administrative Instruction is to specify the rules of procedure concerning
leave with pay for collective bargaining.
Applicability:
Leave with pay for collective bargaining is only for the time necessary to attend scheduled
bargaining sessions with the City's negotiating team. Such leave may be requested no earlier
than 60 days prior to the expiration of an existing agreement and may not be granted after
tentative agreement or a successor agreement is reached. Leave for collective bargaining is
not available during the term of a collective bargaining agreement. Four bargaining unit
members who are designated by a union as the unions negotiating team pursuant to § 3-2-12
of the Labor Management Relations Ordinance will receive leave with pay to attend scheduled
bargaining sessions with the city negotiating team which occur during the employee's normal
work shift.
Method of Verification and Approval:
At the end of each scheduled bargaining session, eligible bargaining team members will
prepare a City leave form detailing the normal work time spent bargaining. If the leave form
is in compliance with this Instruction and § 3-1-16 of the Merit System Ordinance, the City's
lead negotiator will verify the employee's attendance at the collective bargaining session. The
employee will receive beginning one hour prior to the commencement of the bargaining
session and ending one hour after the bargaining session has concluded. When the leave form
is verified by the City's lead negotiator the leave form shall be submitted to the Chief
Administrative Officer for approval.
Lawrence Rael
Chief Administrative Officer
Date: 3/5/99




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                            March 12, 1999
                  ADMINISTRATIVE INSTRUCTION NO. 7-25


SUBJECT: Effective Dates for Personnel Actions
Background:
One of the key components of processing a new hire, transfer or promotion is the timely
approval of the required documentation for the personnel file and for payment purposes. In
the past we have had problems in coordinating the timing of the paperwork with the actual
physical movement of the employee. The retirement percentage paid by employees can
change due to a transfer from one union group to another in addition to changing salary rates
which if not processed timely will require a manual proration or retroactive pay. In order to
ensure all paperwork is processed timely and accurately a sufficient amount of processing
time must be incorporated in the procedure.
Policy:
All new hires, promotions and transfers will be effective at the start of pay period. City
managers should be cognizant of this policy when making employment or promotional offers.
After the selected individual is approved for hire, transfer or promotion the Human Resources
Department will be the sole entity to contact the employee and advise them of the actual
effective date. This process will allow sufficient time for the Human Resources Department
to arrange for required physicals and/or substance abuse testing. The Human Resources
Department will be responsible for ensuring these types of personnel actions always reflect
the first day of a pay period as the effective date. The City of Albuquerque has defined the
typical pay period to be a two week period that starts on a Saturday and end on a Friday.
The Human Resources Department, Department Directors and Human Resources contacts
must ensure the proper personnel transaction paperwork (P-one) and all required testing,
physicals and/or substance abuse testing is completed prior to an employees first day of work.
Questions regarding this policy may be directed to the Human Resources Department.
Lawrence Rael
Chief Administrative Officer
Date: 3/15/99




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                            May 17, 1999
                 ADMINISTRATIVE INSTRUCTION NO. 7-26


SUBJECT: Policy for Compensation Adjustments for Retention of
         Mission Critical Employees
Purpose:
To establish a compensation plan to retain qualified management and professional employees
in mission critical positions, by providing competitive compensation adjustments to certain
employees who have received outside offers of employment.
Policy:
The City will implement a system to permit competitive compensation adjustments to retain
classified management and professional employees in mission critical positions, who have
received a bona fide offer of employment form another employer outside City government.
The criteria for such adjustments and the procedure to determine when such adjustments will
be awarded is as follows:
1.       Criteria: A competitive compensation adjustment must meet all of the following
criteria:
                a.     The employee must currently hold a classified position within City
                government as a permanent, non-probationary employee, and the City must
                reasonably anticipate some tangible or intangible benefit in retaining the
                employee.
              b.       The employee's position within City government must be one that is
              critical to carry out essential government functions.
              c.      The employee must possess exceptional skills, experience and/or
              qualifications for the position and must have demonstrated exceptional job
              performance as a City employee.
              d.      The employee must have received a bona fide offer of employment
              from an employer outside of City government, and must be able to demonstrate
              that the outside employer has offered compensation significantly greater than
              what the employee currently earns, for a comparable position.
              e.     A competitive compensation adjustment for an employee may be
              offered as a salary increase and/or as a lump sum compensation adjustment.
              f.      A position will not be reclassified in order to offer a competitive
              compensation adjustment unless the job duties of the position actually warrant
              reclassification.


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              g.     A salary increase offered under this Administrative Instruction shall not
              exceed the range for the grade of the position.
              h.     A salary increase offered under this Administrative Instruction shall not
              exceed 10% of an employee's annual salary.
              i.      A lump sum compensation adjustment offered under this
              Administrative Instruction shall not exceed 10% of an employee's annual
              salary.
              j.     An employee who accepts a lump sum compensation adjustment under
              this Administrative Instruction shall be required to sign an agreement to repay
              the adjustment on a pro-rated basis if he/she resigns from City employment
              within one (1) year of receiving the adjustment.
              k.    The total competitive compensation adjustment offered under the
              Administrative Instruction shall not exceed 20%.
              l.      A compensation increase offered under the Administrative Instruction
              shall not exceed 1% above the amount offered to the employee by the outside
              employer.
2.     Procedure: The following procedure is established to determine whether to offer an
       employee a competitive compensation increase:
              a.      The Chief Administrative Officer shall designate a committee
              consisting of three (3) people to review requests for compensation increases
              made pursuant to this Administrative Instruction. The Committee members
              shall serve at the discretion of the Chief Administrative Officer. No employee
              of the Department making the request shall serve as a committee member.
              b.      A request for a compensation increase under this Administrative
              Instruction may only be made by the Department Director of the individual for
              whom the increase is sought. The request must be in writing, must include a
              copy of a written offer of employment to the employee for whom the
              adjustment is sought, from an outside employer, and must show justification
              for the increase in accordance with the criteria established by this
              Administrative Instruction.
              c.     The Department Director seeking the increase shall submit the request
              to all committee members, who shall then review the request, determine
              whether or not the criteria have been met, and submit a recommendation to the
              Chief Administrative Officer.
              d.     The Chief Administrative Officer shall have the final authority to
              determine whether or not to offer a compensation adjustment under this
              Administrative Instruction to any person.
              e.      Any action taken under this Administrative Instruction shall not be the
              subject of a grievance under the Merit System Ordinance.


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Effective Date:
This policy will be effective from May 19, 1999, until June 30, 2000.
Lawrence Rael
Chief Administrative Officer
Date: 3/15/99




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                            April 9, 2003
           ADMINISTRATIVE INSTRUCTION NO. 7-27 (Revised)


SUBJECT: Retirement Process
Background:
The purpose of this administrative instruction is to revise the established Policy and
Guidelines regarding the retirement process to include calculating deferred compensation
"catch-up" provisions, hazardous duty leave, vacation and sick leave "cash out" payments and
regular wages for the last pay period. This will allow a sufficient amount of time to ensure all
payments and calculations are timely and accurate.
Policy:
In order to ensure that retirees are transferred into Early Retirement in a timely manner and to
ensure that all sick and vacation balances are accurate and Deferred Compensation lump sums
payments are done accurately and in a timely manner the following process will be enforced:
Employee Responsibilities:
1.     Employees are advised to submit a request for Total Service Credit Verification, using
       the PERA Request Form (attached) or a request letter, at least one year prior to their
       planned Early Retirement date or planned PERA retirement date. PERA addresses and
       telephone numbers are listed on the last page of this Instruction.
2.     The Employee must contact the PERA office and schedule an appointment to
       complete their retirement application at least 90 days prior to retirement or, if using
       Early Retirement, 90 days prior to Early Retirement date.
3.     Prospective retirees must submit a memorandum to their Department Director, through
       their immediate supervisor, advising them of their intent to retire. This memorandum
       should include the effective date of retirement. A copy of this memorandum will then
       be submitted to the Insurance and Benefits Division of HRD.
4.     Immediately upon completing the retirement application, the employee must contact
       the Insurance and Benefits Division for an appointment to chart out their Early
       Retirement schedule, to finalize cash out payments and to complete basic life
       beneficiary forms. At this initial appointment, the employee must submit a copy of the
       PERA verification of Total Service Credit and a copy of the PERA retirement
       application.
5.     Employees electing to defer a lump sum payment to their Deferred Compensation plan
       under the "catch-up" provision must contact their Deferred Compensation
       representative to complete the necessary forms. Forms must be submitted to the
       Insurance and Benefits Office at least three weeks prior to the actual retirement date.


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       The employee must ensure that the amount being deferred is equal to or less than the
       vacation/sick leave balance the employee is entitled to receive at retirement. Once this
       deferral is processed adjustments cannot be made so it is important that the amounts
       and paperwork be correct.
Operating Departments
1.     To forward notices of resignation to the Human Resources Department Insurance and
       Benefits Office within 24 hours of receipt from the employee.
2.     To reconcile the retiring employees vacation and sick leave balances and forward the
       reconciled P-29 and employees clearance form to the Insurance and Benefits Office on
       the employees last workday.
3.     To ensure the employee has taken their birthday leave, managerial leave and floating
       holidays and has used or is paid for compensatory time prior to the employee
       transferring into Early Retirement.
4.     To ensure that the employee is coded correctly on the last payroll so that there is no
       delay in submitting a certification to PERA.
Human Resources
l.     To process all early retirements and process "cash out" payments timely and accurately
       and in a timely manner.
2.     To ensure the Deferred Compensation "catch up" provisions are processed in
       accordance with the rules and regulation and to coordinate with the respective
       Deferred Compensation representative and City payroll as necessary.
3.     To ensure the reconciled balances of all vacation and sick leave hours are "cashed out"
       in accordance with the designated timelines.
4.     To distribute this Administrative Instruction annually to all employees with twenty-
       three years, of service or more, or eighteen(18) years for Police and Fire, as reflected
       in the payroll system.
5.     To present this Administrative Instruction at all pre-retirement seminars.
6.     To ensure that all medical and dental benefits for retiring employees are in effect
       through the end of the corresponding month.
Early Retirement
1.     Employees must schedule an appointment with the Insurance and Benefits Office
       ninety (90) days prior to entering into Early Retirement. An employee may take leave
       with pay equivalent to the amount of sick and vacation leave the employee has
       accumulated.
2.     The employee must deliver a copy of the PERA Verification of Total Service Credit, a
       copy of the PERA retirement application, and a current P-29 form at the time of their
       Early Retirement appointment.

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3.     HR will transfer employees to Early Retirement at the beginning of a pay period in
       accordance with a leave chart which establishes the entry date into Early Retirement
       and which schedules leave usage up to the retirement date.
4.     Employees in Early Retirement are not entitled to salary increases afforded other City
       employees and may not use donated leave or hardship leave in early retirement.
       Employees using sick and vacation leave in Early Retirement are not eligible to accrue
       sick or vacation leave while in Early Retirement.
Retirements During Calendar
l.     Retirees will receive a paycheck with regular wages for the last pay period
       corresponding with their effective date of retirement, on the next regularly scheduled
       pay date.
2.     If the employee has a balance of vacation and/or sick leave that is to be paid out in
       cash, this amount will be paid on the next regular pay date after the pay date in which
       the employee received their final regular wages.
End of Year
1.     Retirees will receive their last biweekly wages on the first payday in January to
       include any regular hours worked through December 31.
2.     For employees opting for the split "catch-up" clause for deferred compensation, the
       first portion of the "catch-up" will be processed on a special payroll run during the last
       regular payroll in December.
3.     For employees opting for the split "catch up" clause for deferred compensation, the
       second portion of the deferral will be paid on the second payroll in January.
4.     For employees not deferring, the remainder of vacation and sick leave balances will be
       paid by check to the retiree on the second payroll in January. This check will not be
       mailed, but must be picked up by the retiree at the City Insurance Office.
Other Special Circumstances
1.     Employees covered by the Police union are permitted, by contract provision, to defer
       sick and vacation leave at year end if they are retiring at any time prior to the end of
       the following calendar year. Such employees are to declare retirement and file
       paperwork with the City Insurance Office in accordance with the policy outlined in
       this Administrative Instruction before the end of the calendar year prior to the year in
       which they intend to retire. Upon filing the required paperwork and being credited
       with the first deferral payment, retirement is not revocable.
2.     Employees using deferral of sick and vacation leave to purchase prior service credit or
       uniformed service credit from PERA may defer leave 90 days prior to retirement date
       in order to allow sufficient time for the necessary fund transfers. The 90-day advance
       deferral will be subject to processing of retirement paperwork as outlined in the
       Administrative Instruction. It will also be necessary for employees to submit a letter
       requesting approval from the Director of Human Resources for the sell back, a copy of

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       the Credit Service Letter from PERA, and a copy of the estimate from PERA for the
       purchase of the credit service time. Upon completion of the advanced deferral,
       retirement is not revocable.
Pre-Retirement Seminars/Counseling
City employees will receive updated information regarding the retirement process through
regularly scheduled Pre-Retirement Seminars (every other month for the general employee
population and quarterly for sworn officers). Schedule of meetings will be announced in the
"Retirement Message" newsletter issued to employees every two months.
                           Click here to view PERA Request Forms
Effective Date:
This policy will become effective for all retirements occurring on or after April 21, 2003 and
forward.
Jay Czar /s/                                          4/9/03
Jay Czar, Chief Administrative Officer                Date




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 July 21, 2003 ADMINISTRATIVE INSTRUCTION NO. 7-28 (Revised)


SUBJECT: Employee Compensation During the Classification Study
         Implementation
This Administrative Instruction is hereby rescinded effective immediately.
              _________________________________
              Jay J. Czar                  Date
              Chief Administrative Officer




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                               March 8, 2000
                    ADMINISTRATIVE INSTRUCTION NO. 7-29


SUBJECT: Extension of Benefits to Domestic Partners of Employees
Background
The City of Albuquerque recognizes and values the diverse composition of its employees. The
City acknowledges that people's lives have evolved from when laws governing family
relationships were enacted. Perpetuation of the traditional definitions of "family" excludes a
significant segment of the employee population, deprives them of recognition and validation,
and denies certain rights that should be afforded to persons who share their homes, their hearts
and their lives. .The City, recognizing its commitment to nondiscrimination and fair treatment
of its employees, adopts this policy acknowledging domestic partnerships.
Policy
Beginning July 1, 2000, the City will provide health and dental insurance coverage, optional
supplemental life insurance and leave usage to its employees with domestic partners who meet
the criteria established by the City, to the same extent that these benefits are provided to
employees with spouses.
1.       Domestic Partners
         The City defines domestic partners as two individuals who live together in a long-term
         relationship of indefinite duration. There must be an exclusive mutual commitment
         similar to that of marriage, in which the partners agree to be financially responsible for
         each other's welfare and share financial obligations.
2.       Qualifying Criteria
         To be recognized as domestic partners by the City, both individuals must meet all of
         the following criteria and sign an Affidavit of Domestic Partnership (form attached to
         this Administrative Instruction as Exhibit A) and submit any necessary documentation:
         a.     Both domestic partners must be unmarried;
         b.     Domestic partners must have been in a mutually exclusive relationship for the
                last
                twelve (12) months, intending to do so indefinitely, and must share the same
                primary
                residence;
         c.     Domestic partners must be jointly responsible for the common welfare of each
                other

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              and share financial obligations;
       d.     Domestic partners must meet the age requirements for marriage in the State of
              New Mexico and be mentally competent to consent to contract; and
       e.     Domestic partners must not be related by blood to the degree prohibited in a
              legal marriage in the State of New Mexico.
3.     Affidavit of Domestic Partnership
       a.     Both partners must sign an Affidavit of Partnership using the form attached to
              this Administrative Instruction. The partners must also present three (3) of the
              documents listed below:
              1.      joint lease or mortgage
              2.      recent bank account/credit card statement
              3.      recent rent bill or receipt
              4.      joint checking, savings or brokerage account
              5.      joint automobile registration
              6.      joint ownership of a tangible major asset
              7.      designation of domestic partner as beneficiary in a will
              8.      designation of domestic partner as beneficiary for life insurance or
                      pension retirement benefits
              9.      durable power of attorney designating the partner
       b.     Providing false information may result in disciplinary action, loss of benefits
              and/or reimbursement to the City and insurer of costs involved in providing
              benefit coverage.
4.     Termination of Domestic Partnership
       a.     A domestic partnership is terminated when either partner fails to satisfy the
              qualifying criteria, upon the death of a domestic partner or when a partner files
              an Affidavit of Termination (form attached to this Administrative Instruction
              as Exhibit B).
       b.     If the Affidavit of Termination is not signed by both domestic partners, the
              partner signing the affidavit must certify that the other domestic partner has
              been notified of the termination by registered mail, return receipt requested.
       c.     Individuals granted domestic partnership status must report any change in
              status that terminates the relationship within sixty (60) calendar days of the
              change.
5.     Dependents of Domestic Partners

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        a.     The child of a domestic partnership may be claimed as a dependent if the child
resides within the household of the domestic partnership, meets the age requirements for
insurance benefits coverage, is primarily dependent upon the employee or domestic partner
for support, and a parent-child relationship exists based upon one of the following:
                1.     either of the domestic partners is the biological parent of the child;
                2.     either or both partners are adoptive parents of the child;
                3.     the child is a stepchild of either partner;
                4.     the child has been placed in the partners' household as part of an
                       adoptive placement, legal guardianship or by court order.
6.     Taxation Issues
       a.       The value of insurance benefits provided to the domestic partner is considered
                taxable income to the employee by the Internal Revenue Service and is subject
                to social security and federal and state income tax withholding.
       b.       Domestic partners are not entitled to COBRA continuation benefits because
                they do not meet the definition of spouse under COBRA. Any other laws
                pertaining to continuation of benefits that require coverage for a spouse will
                not apply to a domestic partner.
       c.       For an employee who is in a domestic partnership, the employee's portion of
                the insurance deduction is still eligible for PIPP.
Lawrence                                                                                        Rael
Chief Administrative Officer
Date: 3/8/00
                                     Exhibit A
                          AFFIDAVIT OF DOMESTIC PARTNERSHIP
I.     Declaration
       We,      ______________________         ____________________________
                (Employee Name)                (Social Security Number)
       and      ______________________         ____________________________
                (Partner's Name)               (Partner's Social Security Number)
declare that:
       1.       We are unmarried;
        2.      We share the same primary residence and have been in a mutually exclusive
relationship for the last twelve (12) months and intend to do so indefinitely;
       3.    We meet the age requirements for marriage in the State of New Mexico and are
mentally competent to consent to contract;

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        4.     We are not be related by blood to the degree prohibited in a legal marriage in
the State of New Mexico; and
        5.     We are jointly responsible for the common welfare of each other and share
financial obligations.
II.    Change in Domestic Partnership
        We agree to notify the City of Albuquerque Human Resources Department in writing
within sixty (60) days of any change. in our status as domestic partners (for example, if we no
longer share the same principal residence) or if we wish to terminate domestic partner
benefits.
III.   Dependent(s) of Domestic Partners
       We declare as eligible dependent(s):
       Name of Child                 Employee       Partner
                                     Initials       Initials
       _____________________         ________       ________
       _____________________         ________       ________
       _____________________         ________       ________
IV.    Acknowledgments
        1.      We understand that the value of insurance benefits provided to the domestic
partner is considered taxable income to the employee by the Internal Revenue Service and is
subject to social security and federal and state income tax withholding.
       2.      We understand that courts have recognized some non-marriage relationships as
the equivalent of marriage for the purpose of establishing and dividing community property.
       3.      We acknowledge the City's advice that we consult ow private attorney before
signing this document.
        We affirm, under penalty of perjury, that the assertions in this Affidavit are true and
correct. We understand that any-misrepresentation of fact may result in loss of benefits,
disciplinary action and that the employee is responsible for reimbursement to the City for any
cost involved in providing benefit coverage.
________________________________              ____________
Employee's Signature                          Date
________________________________              ____________
Domestic Partner's Signature                  Date
STATE OF NEW MEXICO )
                    )                                                                       ss.
COUNTY OF BERNALILLO                 )


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      The foregoing Affidavit of Domestic Partnership was subscribed before me this
________ day of ___________, 2000 by __________________, City of Albuquerque
employee.
My                             Commission                             Expires:
______________________________            ___________________________
                                   Notary Public
STATE OF NEW MEXICO )
                    )ss.
COUNTY OF BERNALILLO                  )
      The foregoing Affidavit of Domestic Partnership was subscribed before me this
________ day of ___________, 2000 by __________________, Domestic Partner.
My                             Commission                             Expires:
______________________________            ___________________________
                                   Notary Public
Received by: __________________________________              Date:           ________________
             (Human Resources Director, or designee)
                                 Exhibit B
              AFFIDAVIT OF TERMINATION OF DOMESTIC PARTNERSHIP
       I    (Employee's Name)       declare that I no longer have a domestic partnership with
(Partner's Name) .
       I file this Termination of Domestic Partnership to cancel the Affidavit of Domestic
Partnership earlier filed by me on (date). I understand that I may not file another Affidavit of
Domestic Partnership until twelve (12) months have passed from this date.
       I mailed my former partner a copy of this notice at           (Address)      on (date).
       I declare under penalty of perjury that the above statements are true and correct.
_____________________________ ___________
Employee's Signature          Date
_____________________________
Employee's Social Security Number
Employee's                Address:               (if                                  changed):
      ______________________________________________

       ______________________________________________

       ______________________________________________


Received by: __________________________________              Date:                ___________


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              (Human Resources Director, or designee)




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                           October 3, 2000
                ADMINISTRATIVE INSTRUCTION NO. 7-31-1


SUBJECT: Change of Drug Testing Standard for Open Space
         Enforcement Officers and Aviation Police Officers
This instruction relates to Administrative Instruction No. 7-1 (Revision 3), Substance Abuse
Policy Manual, dated December 10, 1999. The drug test standard for Open Space
Enforcement Officers and Aviation Police Officers has been the SAFE 5. The new standard
will be the SAFE 10 for all types of testing involving Open Space Enforcement Officers and
Aviation Police Officers.
This change will be effective immediately.
Lawrence Rael
Chief Administrative Officer




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                            August 17, 2005
                 ADMINISTRATIVE INSTRUCTION NO. 7-32-1


SUBJECT: EMPLOYEE WORK PLAN (Performance and Evaluation),
         NON-BARGAINING UNIT EMPLOYEES
Background:
This Administrative Instruction is being amended to limit its application to non-bargaining
unit employees effective July 1, 2005.
The Merit System Ordinance requires the Chief Administrative Officer (CAO) to establish a
system to evaluate annually the work performance of city employees in the classified service.
The Ordinance makes clear that performance evaluations shall not be the subject of a
grievance and that a major focus of employee performance evaluations shall be on
communication of standards and critical elements for successful performance of the
employee's position, as well as on opportunities for improvement and results of attempts to
improve.
In recent years the City has implemented an effort to measure and improve the overall
performance of City services relative to customer-oriented standards and needs, as reflected in
the City Charter-mandated Five-Year Goals and Annual Objectives. This includes efficient
delivery of services. This service performance system has been integrated with the City
budget process.
The City of Albuquerque wishes to connect and align these systematic approaches in order to
provide management with a tool to improve governmental accountability and results and to
provide a focus for the organization. This will help employees understand their roles in
continuously improving services for City of Albuquerque customers and meeting the
important goals of the organization.
Policy:
At least once each fiscal year, each City of Albuquerque non-bargaining unit employee in the
classified service shall confer with his or her supervisor and develop an Employee Work Plan.
Thereafter, each supervisor and employee shall evaluate the performance of the respective
employee pursuant to the prior year work plan and actual results achieved. The work plan
shall relate to and be guided by the relevant Five Year Goal, Program Strategy mission and
metrics, and Service Activity(s) purpose and metrics in which the employee is budgeted. It
shall reflect the employee's contributions to those organizational results, as well as specific,
anticipated achievements in improving the quality of the employee's work and work
relationships. This annual process shall provide each employee with the opportunity to
demonstrate improvement in performance pursuant to the plan developed by the employee
and supervisor.
The development of and evaluation of results of the Employee Work Plan shall form the core
employee performance evaluation process for the City of Albuquerque's non-bargaining unit
employees. Individual departments may decide to augment this process with established or

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new processes not in conflict with the core process. All augmented Department processes
shall be reviewed in advance by the Human Resources Director and approved by the Chief
Administrative Officer. While not required by ordinance, unclassified, professional employees
are encouraged to participate in this process, just as non-bargaining unit employees
participate. This is consistent with the intent of linking organizational performance and
employee performance and produces the same benefits of communication and alignment
intended by these systems. Seasonal and temporary unclassified employees are not subject to
the Merit System Ordinance or this Administrative Instruction.
The Chief Administrative Officer will establish a Task Force of three members, chaired by the
Human Resources Director, to address implementation issues and to annually review this
process and make recommendations for continuous improvement. This task force will be
supported by the Office of Management and Operations Improvement and the Training and
Organizational Excellence Division.
Implementation:
For FY/06, any non-bargaining unit employees who do not have an EWP in place as of July 1,
2005, shall meet with their supervisor and develop an EWP no later than December 31, 2005.
Any non-bargaining unit employee who with their supervisor developed an EWP prior to July
1, 2005 shall meet with their supervisor no later than December 31, 2005 to determine if any
changes or adjustments are necessary or desired. Prior to June 30, 2006, all non-bargaining
unit employees will meet with their supervisors to review the results of their FY/06 EWP and
develop a plan for FY/07 that aligns with the priority objectives of the City, their work unit
and their personal goals.
Any person newly hired, transferred or promoted in or into a position in a non-bargaining unit
shall meet with their supervisor within thirty days of hire, transfer or promotion to develop
their EWP for the balance of the fiscal year. At least once during their probationary period,
the new employee and supervisor shall meet to determine that the EWP developed in the first
thirty days does not need further adjustment or refining or to clarify performance
expectations.
Any person in a non-bargaining unit who is transferred or promoted into a position in a
bargaining unit shall meet with their supervisor prior to their transfer or promotion to review
the results of the EWP in effect at the time of the transfer or promotion. Following the
transfer or promotion, the provisions of Administrative Instruction 7-32-2 shall apply.
Annually, on or before June 30 of each year, each non-bargaining unit employee shall meet
with their supervisor to review the results of their current fiscal year EWP and develop an
EWP for the following fiscal year that aligns with the priority objectives of the City, their
work unit and their personal goals.
Procedures:
               1.      Any supervisor shall receive training if requested in this process prior
               to collaborating with employees to develop annual EWPs.
               2.     All EWPs will use the Work Plan format, approved by the task force
               appointed by the CAO.
               3.     All EWPs will be signed by the respective supervisor and employee and
               copies given to both.


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              4.     All EWPs will be routed through appropriate levels to the Department
              Director.
              5.     Each Department Director will be responsible for collecting and
              maintaining annual EWPs and assuring the schedule outlined in this
              Administrative Instruction is maintained.
              6.      The task force will annually assess this process by soliciting
              information from supervisors and employees and will recommend changes in
              this process to the CAO.
James B. Lewis
Chief Administrative Officer




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                            August 16, 2005
                 ADMINISTRATIVE INSTRUCTION NO. 7-32-2


SUBJECT: ANNUAL PERFORMANCE EVALUATIONS, BARGAINING UNIT
         EMPLOYEES
Background:
The Merit System Ordinance requires the Chief Administrative Officer (CAO) to establish a
system to evaluate annually the work performance of City employees in the classified service.
The Ordinance makes it clear that performance evaluations shall not be the subject of a
grievance and that a major focus of employee performance evaluations shall be on
communication of expectations and standards of performance and critical elements of the
employee's position, as well as an opportunity for discussion of improvements made and
results of attempts to improve.
In recent years, the City has shifted to performance-based budgeting, incorporating annual
priority objectives into the budget process. A goal of this process is to measure and improve
the overall performance and delivery of services relative to citizen-oriented standards and
needs, as reflected in the City Charter-mandated Five-Year Goals and Annual Objectives.
The annual performance evaluation process should be used as a tool to help employees better
understand their role in continuously improving services provided to City of Albuquerque
customers and meeting the important goals of the organization.
Effective July 1, 2005, the City will use two separate performance evaluation tools. City
employees who are members of a bargaining unit will use the Performance Evaluation Guide
and the related specific instructions for using that Guide. Initially, the Guide and instructions
are available in hard-copy only from the Human Resources Department. City employees who
are not members of a bargaining unit will continue to use the Employee Work Plan as
provided in Administrative Instruction No. 7-32-1. Unclassified City employees are
encouraged, but not required, to use the Employee Work Plan as a tool to improve their
performance.
City employees who are classified as temporary, seasonal or student workers are not covered
by the Merit System Ordinance and are not required to participate in the annual performance
review process. However, such employees may participate in the process with the
concurrence of their supervisor. Such participation is wholly voluntary and implies no
coverage under the Merit System Ordinance.
Policy:
At a minimum, every permanent, full-time City employee who is a member of a bargaining
unit shall meet with their supervisor annually by June 30 of each year to review and discuss
their performance, and expectations for the next cycle. Supervisors are expected to meet at
least twice with each City employee in probationary status during their probationary period to
ensure that job duties and expectations are clearly understood. Supervisors and employees are

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encouraged to use the performance evaluation process at any time when either feels that
focused discussion would improve performance and understanding of expectations.
Compliance with this policy shall be measured by ensuring that there is at least one
Performance Evaluation Guide completed by the supervisor and employee during each fiscal
year. Supervisors shall be evaluated in part by their level of compliance with this policy.
Procedures:
Each supervisor and each Department and Division Director shall review the Performance
Evaluation Guide and read the related specific instructions. Questions about the use of the
Guide should be directed in writing via memo or e-mail to the Director of the Human
Resources Department. Training sessions will be offered if considered necessary by the
Director of the Human Resources Department.
Each Department Director is responsible for ensuring that an adequate inventory of forms and
instructions is available at convenient locations throughout their Department and that each
Division Director and supervisor in their Department is aware of this Administrative
Instruction.
The respective supervisor and employee shall each be provided a copy of the completed
Guide. Signing the Guide does not necessarily indicate agreement, but only that the
supervisor and employee have completed the process. Employees are encouraged to respond
in the space provided on the Guide.
Each completed Guide must be reviewed by the supervisor's next higher level of supervision.
Department and Division directors are encouraged to review at least a sampling of the Guides
completed in their Department or divisions annually.
Each Department Director is responsible for ensuring that completed Guides are forwarded to
the Human Resources Department for filing in the employee's personnel folder annually.
Implementation:
This Administrative Instruction is first effective for FY/06 and for each subsequent fiscal year
thereafter.
James B. Lewis
Chief Administrative Officer




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                              May 2, 2002
                 ADMINISTRATIVE INSTRUCTION NO. 7-33-1


SUBJECT: Adoption of Procedures for a Voluntary Transfer Program
         Prior to Layoff
Background:
Layoff is defined as the involuntary separation of classified, non-probationary employees
from City service as a result of the abolishment of a position, program elimination or a lack of
funds. Probationary, unclassified, temporary, seasonal and student employees are not eligible
for layoff privileges.
The Chief Administrative Officer and the Director of the Human Resources Department are
responsible for approving all layoffs and offering transfers or placement offers to employees
who are or may be identified for layoff. Prior to a layoff, the Chief Administrative Officer
shall develop a layoff plan that must be based on seniority principles and applicable collective
bargaining agreements.
Purpose:
In an effort to reduce the impact of a potential layoff, and prior to the implementation of the
layoff plan, the Chief Administrative Officer may offer voluntary transfers to employees
affected by the plan to avoid placing employees in layoff status. These voluntary transfers will
be offered using seniority principles and any applicable collective bargaining agreements.
Procedure:
When the City contemplates the abolishment of positions, elimination of programs or faces a
lack of funds, the City may institute voluntary transfers prior to layoff. The following
procedures will be followed:
        1. With the guidance of the Human Resources Department, departments may attempt
to administratively transfer identified employees within their departments. Efforts will be
made to transfer employees to the same job title, if that is not possible, then to the same grade.
Prior to transfer, the Human Resources Department must verify the employee's qualifications
for the new position. The employee must sign the (attached) form indicating the transfer is
voluntary (to reduce the impact of a potential layoff) and the transfer is final. _ The
acceptance of a voluntary transfer will constitute final action and may not be reversed even in
the event that an employee's previous position is not deappropriated in the final budget.
        2. After departmental transfer possibilities have been exhausted; the Human Resources
Department will identify positions Citywide (available vacant funded positions) for which the
affected employees (within departments and Citywide) may qualify.


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        3. Only the Human Resources Department is authorized to make offers to employees
within the classification within the department, and Citywide. If employees wish to
voluntarily transfer (to offered positions), offers will first be made to the most senior
employee within the classification in the affected department. If no employee is willing to
voluntarily transfer, the layoff process will be initiated (after final budget enactment).
        4. Employees must sign the (attached) form indicating that the transfer is voluntary
and final and they will not be allowed to transfer back to their previous position should that
position not be de-appropriated in the final budget action. If employees do not wish to
voluntarily transfer, the employee must sign the (attached) form indicating that they are not
interested in a voluntary transfer and prefer to remain in their current position even though it
may be affected by layoff.
       5. The Human Resources Department will process the voluntary transfers, in
coordination with the Budget Office and the affected department, and will follow up with
departments on transfers within the departments. All voluntary transfers will be effective at
the beginning of the next pay period.
Jay J. Czar
Administrative Assistant
Date: 5/2/02


                                 CITY OF ALBUQUERQUE
                                Human Resources Department
                       VOLUNTARY TRANSFER REQUEST FORM
I have read the memo "Opportunity for Voluntary Transfer" provided to me. I understand that
I have the opportunity to voluntarily transfer to another position within my department or
Citywide to reduce the impact of the potential layoffs. I further understand that this transfer is
voluntary and final. In the event that the proposed position in my classification is not
deappropriated in the final budget, I understand that I will not be allowed to return to my
current position. I also understand that if I choose not to transfer, my position may be
eliminated and I may be placed in layoff status.
               I accept this opportunity to voluntarily transfer.
               I decline this opportunity to voluntarily transfer.



Employee's Signature                                  Date


Employee's SSN:




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     February 10, 2003 ADMINISTRATIVE INSTRUCTION NO. 7-34


SUBJECT: Prohibition of Supervision of City Employees by Non-City
         Personnel
Background:
City employees are required to abide by standards set forth in the Merit System Ordinance,
the Labor Relations Management Ordinance and the Personnel Rules and Regulations, and
collective bargaining agreements. Independent contractors and temporary employment agency
employees are not knowledgeable of the standards contained in these documents and are not
subject to the provisions therein. It is the intent of the City of Albuquerque to treat all City
employees consistently and in accordance with all required laws and regulations, and hold all
City employees to the same standards.
Purpose:
The purpose of this Administrative Instruction is to provide requirements for independent
contractors supervising City employees and prohibit temporary employment agency
employees from supervising City personnel.
There are several elements of supervision required to ensure a productive work environment
including, but not limited to; attendance, payroll, work hours, work schedules, employee work
planning, disciplinary action, etc. Supervision also requires ensuring collaboration with co-
workers to achieve the work objectives and ensuring employees receive appropriate work
assignments. Independent contractors cannot exercise independent authority when they are not
subject to or knowledgeable of the requirements of these relevant laws, ordinances or rules.
However, contractors may upon occasion and within specific timeframes need to direct city
employees on work assignments to ensure proper performance and completion of such
assignments in order to achieve the objectives of the contract with the City.
Should it be necessary for an independent contractor to supervise City employees, the contract
authorizing such services will specify that the independent contractor will not have the
authority to hire, terminate, discipline, or evaluate any classified City employee. Any and all
such personnel actions shall be directed to the Human Resources Department. The Human
Resources Department will assist the appropriate department in the application of all
personnel actions to ensure compliance with the Merit System Ordinance, the Labor Relations
Management Ordinance, the Personnel Rules and Regulations, applicable collective
bargaining agreements, and any applicable federal, state or local laws dealing with
employer/employee relations. No personnel actions will be taken by contractors without the
supervision of the Human Resources Department.
In no instance will temporary employment agency employees be allowed to supervise City
employees.
This Administrative Instruction is effective immediately.
Jay J. Czar /s/                                         2/10/03
Jay J. Czar, Chief Administrator                        Date




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     February 28, 2003 ADMINISTRATIVE INSTRUCTION NO. 7-35


SUBJECT: Military Leave - Payment of Insurance Benefits & Wage
         Differential
Background:
The City of Albuquerque Personnel Rules and Regulations provide for Military Leave, and
the City Council enacted R-O1-351, effective September 11, 2001, which provides for
"payment of health insurance benefits and wage differential for City employees serving on
active military duty as a result of the terrorist attack of September 11, 2001. It is important
that all employees be aware of their benefits and responsibilities to the City while serving on
Military Leave. Employees should also be made aware of the following:
1.       The City policy on Military Leave is stated in the Personnel Rules and Regulations
         Section 402.2. Section 402.2 C. Military Leave states; "To request a military leave of
         absence, the employee or his or her designated representative must attach a copy of the
         orders to a written request for military leave. In the event official orders are not issued
         the employee will be required to provide verification of attendance from their
         commander. All requests must be approved by the Human Resources Director."
2.     Employees who have insurance benefits will be allowed to continue their benefits and
       must make payments directly to the Insurance and Benefits Division. The employee is
       responsible for paying their portion of insurance premiums, and the City will continue
       to pay the City portion as long as the employee pays the required premium for the
       duration -of the original orders activating the employee as a result of the September
       11, 2001, terrorist attack. If an employee fails to make payments and is delinquent for
       three (3) pay periods, the insurance benefits will be cancelled at the end of the pay
       period last paid. A cancellation form will be mailed to the employee's address on file.
       Payments can be made in one lump sum, monthly or bi-weekly whichever is more
       convenient for the employee. Payments made by check or money order may be mailed
       directly to the Insurance and Benefits Office. Payments made by cash must be brought
       into the Insurance and Benefits Office.
3.     PERA awards free military service credit to a PERA member who enlists in the
       military or who is a member of the military service reserve component that is activated
       under a federal call to duty, deployment or peacekeeping mission or other declared
       national emergency. Service credit is granted on a monthly basis. To obtain free
       military service credit, the PERA member (employee) must meet the following
       requirements:
       a.      The employee must be entitled to reemployment rights under the federal
               Uniformed Services Employment and Reemployment Rights Act of 1994.
       b.      The employee must be employed by the City at the time he or she enlists or is

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              activated.
       c.     The City must reemploy the employee within 90 days from the date of
              discharge from military service.
       d.     Within 30 days of reemployment, the City shall certify in writing the date of
              termination from military service and the date of reemployment of the
              employee.
       e.     The employee must complete a PERA affidavit, certifying the military service,
              and submit a military form DD214 and other information that indicates the
              dates of service.
       f.     The employee must have been honorably discharged and cannot use the same
              period of service to obtain or increase a benefit from another state system or
              from the Educational Retirement System.
4.     Employees on approved Military Leave Without Pay will not accrue sick or vacation
       leave during their military leave of absence.
5.     Employees on approved Military Leave Without Pay will not be allowed to work any
       other paid hours during their Military Leave (i.e., overtime, compensatory time, etc.).
       If any exceptions to this provision are needed, the department director must review
       that exception with the Human Resources Department Director.
If the employee decides to use his or her vacation, military leave with pay, or compensatory
time, PERA contributions will continue to be taken from that salary and no free military
service credit will be allowed for that time. Intervening military service will not affect an
employee's "final average salary" if his or her highest three years salary fall during this
intervening military service. "Final average salary" is defined as the highest 36 consecutive,
but not necessarily continuous months of service credit.
Employees should be reminded to make sure that they have updated survivor and refund
beneficiary information on file with PERA. Employees should be notified that death during
intervening military service would be considered non-duty, which means that the survivor
beneficiary would receive a pension according to the state statute and rules that apply to
nonduty death. If an employee has five or more years of service credit and is married or has a
designated survivor beneficiary, the employee's beneficiary may receive a pension that is the
higher of 30% of the final average salary, or the amount calculated as if the employee retired
the day preceding the date of death under form of payment B using the employee actual
accrued service credit.
By law, PERA cannot grant free credit for service if the employee voluntarily reenlists.
However, the reenlistment service may still be purchased if the employee has reemployment
rights under federal law.
This procedure only applies to employees activated as a result of Operation Enduring
Freedom, Noble Eagle, or any security mission related to the September 11, 2001 terrorist
attack.
This procedure is effective November 30, 2001, and amended February 24, 2003 (REF: PERA
memo dated January 22, 2003) and the duration of this policy will be reviewed annually at the
beginning of each fiscal year.

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                              Jay J. Czar /s/
                              Jay J. Czar, Chief Administrative Officer
                              3/13/03
                              Date




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                            March 17, 2003
                  ADMINISTRATIVE INSTRUCTION NO. 7-36


SUBJECT: Obligations of City Employees And Applicants for
         Employment Who are Sex Offenders
Sex offenders pose a significant health and safety risk. Rates of recidivism for these offenders
are extremely high and treatment and rehabilitation efforts are largely ineffective. The
protection of the victims and potential victims of sex offenders in Albuquerque is of
paramount importance and the City will do its part to protect potential victims that could come
into contact with sex offenders while those offenders are working for the City.
After the date of this instruction, applicants for City employment and current City employees
("Employees") who are registered sex offenders under any applicable law must notify the City
in writing that they are registered sex offenders. Additionally, Employees who are registered
sex offenders under any applicable law must provide the City with copies of any registration
documentation submitted to any governmental entity. City departments must verify the
accuracy of the information provided by the sex offender and contact APD immediately if any
inconsistencies are identified. Any inconsistency in the information provided to the City and
to any other governmental entity is the sole responsibility of the sex offender. Background
searches of all Employees who may contact or deal with children in the scope of employment
shall be performed by the departments.
City Employees who are sex offenders are also required to demonstrate that they are
rehabilitated and no longer pose a threat to the public or in the work place. Sexual offenses
constitute crimes of moral turpitude and directly relate to an individuals employment with the
City. Employees who are sex offenders will be required to demonstrate they have been
rehabilitated. If they have not been rehabilitated they will be subject to termination from
employment. The obligation to demonstrate the Employees rehabilitation is a continuing
obligation lasting throughout the term of their employment. The City will at a minimum
annually review the Employees rehabilitation status, but may elect to review the Employees
rehabilitation status more frequently.
Jay J. Czar /s/                                         3/17/03
Jay J. Czar, Chief Administrative Officer               Date




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                              May 6, 2003
                  ADMINISTRATIVE INSTRUCTION NO. 7-37


SUBJECT: Gender Identity Policy
The City of Albuquerque acknowledges its continuing commitment to protect individual
rights and privileges. The City of Albuquerque also acknowledges its continuing commitment
to the principals of equal employment opportunity and equal access to City services as an
integral part of the operation of City government. Through this policy the City commits itself
to heighten awareness of, and sensitivity to, gender identity issues. The City also establishes
through this policy that, in the operation of government, discrimination on the basis of gender
identity is prohibited; employees and applicants for employment are entitled to employment
opportunities, and consumers of city services are entitled to equal access and equal treatment
without regard to their gender identity.
DEFINITIONS
For the purposes of this Administrative Instruction the following definitions apply:
Gender Identity: Gender identity or expression shall mean and include a person's actual or
perceived gender as well as a person's gender identity, gender related self image, gender
related appearance, or gender related expression whether or not that gender identity, self
image, appearance, or expression is different from that traditionally associated with a person's
sex at birth.
Transgender: An umbrella term, which includes transitioning transsexuals and transitioned
transsexuals.
Transitioning Transsexual: A person who is undergoing sex reassignment treatment.
Transitioned Transsexual: A person who has completed genital reassignment surgery.
EMPLOYMENT
In addition to other bases of discrimination prohibited by the City in employment and
application for employment, discrimination based on gender identity is also prohibited. This
includes, but is not limited to, recruitment, hiring, employee health services, wages,
disciplinary actions, conditions of employment, and promotion. Transgender employees have
the right to comply with sex-specific dress codes according to their gender identity, except
that, nothing in this policy will require any City department to allow the occasional dressing
in clothing that is conflicting with the person's established legal sex.
CITY SERVICES
In addition to other bases of discrimination prohibited by the City in the access to services and
facilities, discrimination based on gender identity is also prohibited. This includes, but is not
limited to, recreation, cultural services, senior services, multi-service centers, housing
services, and transportation. Except that, competitive sports and sports related records for
persons under age twenty-one are exempt.
It is also the intent of the City that there will be no discrimination based on gender identity in
the use of restrooms, baths, showers, dressing rooms, or other City facilities publicly or

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exclusively expressed or asserted by the person seeking to use such restrooms, baths, showers,
dressing rooms, or other private accommodations.
Transitioned transsexuals have an equal and binding right to access and safe use of sex
specific facilities that include, but are not limited to restrooms, bathrooms, locker rooms,
dressing or changing rooms, showers or similar facilities, where the design and use of the
facility permit use by an individual without infringing on the privacy of others. The City will
make every effort to provide appropriate and equitable accommodations to transitioning
transsexuals regardless of where they are on the continuum of gender identity transition. No
reasonable accommodation will be required where one is not possible and/or the City can
demonstrate that the accommodation would impose an undue hardship on its operation.
Nothing in this policy should be construed to interfere with the City's duty to protect the
health and safety of incarcerated persons. To this end, the prohibition on gender identity
discrimination in this policy shall not be construed to impose any duty on the City, its officers,
or its employees for breach of which they are liable to any incarcerated person who claims
that such breach proximately caused an injury which arose, while such a person was in the
custody of the City, from actions of its officers or employees intended to protect the health
and safety of the person.
COMPLAINT PROCESS
Individuals who believe that they have been discriminated against because of their gender
identity have the right to seek redress. The following procedures are to be used in seeking
resolution of such complaints:
a.       Employment
         Employees or applicants for employment who believe that they were discriminated
         against in an employment related action, on the basis of their gender identity, may file
         a complaint with the Employee Equity Office (EEO). The EEO Office will receive and
         process employment related complaints. Any City employee who believes that he/she
         is being discriminated against because of their gender identity may contact the EEO of
         the Human Resources Department.
b.     City                                                                           Services
       Consumers who believe that they were denied a city service or received unequal
       treatment, on the basis of their gender identity may seek resolution of their complaint
       as specified below:
               (1)     The consumer may notify the department or facilities director of his or
               her complaint. The director, upon notification of the complaint, will conduct an
               internal inquiry of the complaint and, as appropriate, attempt resolution of the
               complaint. If the complaint is resolved, no further action is required and a
               summary of the complaint and actions taken will be kept in the department's
               files.
               (2)     In the event that the complaint is not resolved through the departmental
               process, or should the consumer elect not to go to the department or facility
               director, the consumer may file a complaint with the Albuquerque Human
               Rights Office. The Human Rights Office, on behalf of the City, will accept and
               process the consumer's complaint as specified below:
                               (a)    An attempt at an initial resolution of the complaint will

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                      be made between the consumer and the department or facility director.
                              (b)     If resolution is not possible, the Human Rights Office
                      will initiate an investigation on behalf of the City. Upon completion of
                      its investigation the Human Rights Office will submit to the Chief
                      Administrative Officer a written report of its investigation and findings,
                      together with recommendations, for review and a final decision.
                               (c)    The decision of the Chief Administrative Officer will be
                      final.
RETALIATION
Retaliation against any individual for filing a discrimination complaint based on gender
identity or assisting, testifying or participating in the investigation of such a complaint is a
violation of this policy.
TRAINING
The Training and Organizational Excellence Division of the Human Resources Department,
with input from the Human Rights Office, will develop and implement a gender identity-
training program for management, supervisory, and non-supervisory employees. The training
will be provided at New Employee Orientation, Supervisory Development training and also as
a stand-alone course.
POSTING
The City will post in conspicuous places available to employees and the general public notices
setting forth provisions of this gender identity discrimination policy.
                         Jay Czar /s/                                    5/6/03
                         Jay Czar, Chief Administrative Officer          Date




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                 MEMORANDUM OF UNDERSTANDING
                            BETWEEN
THE CITY OF ALBUQUERQUE AND THE ALBUQUERQUE HUMAN RIGHTS BOARD
This Memorandum of Understanding is an agreement between the City of Albuquerque and
the Albuquerque Human Rights Board. The purpose of the Memorandum of Understanding is
for the Albuquerque Human Rights Board to assist the City in investigating internal
discrimination complaints based on gender identity, sexual orientation, or mental disability
that may be filed by consumers against the City in accordance with Administrative
Instructions 7-14-land 7-37.
The Albuquerque Human Rights Board through the Albuquerque Human Rights Office will:
Accept, process, and, as appropriate, investigate discrimination complaints made to the
Albuquerque Human Rights Office by consumers who believe that they were denied a City
service or received unequal treatment, on the basis of their gender identity, sexual orientation
or mental disability.
The Albuquerque Human Rights Office will attempt an initial resolution of the complaint
between the consumer and the department or facility director.
If resolution is not possible, the Human Rights Office will initiate an investigation on behalf
of the City. Upon completion of its investigation the Human Rights Office will submit to the
Chief Administrative Officer a written report of its investigation and findings, together with
recommendations, for review and a final decision.
This Memorandum of Understanding shall be in effect until such time as the City of
Albuquerque establishes an internal process to handle consumer complaints based on gender
identity, sexual orientation or mental disability, or the Albuquerque Human Rights Ordinance
is amended to include such bases, and/or the City of Albuquerque and the Albuquerque
Human Rights Board mutually terminate the agreement.
APPROVED:
Jay Czar /s/                     5/6/03        Jennifer Yazawa /s/            5/6/03
Jay Czar                         Date          Jennifer Yazawa                Date
Chief Administrative Officer                   Albuquerque human Rights Board




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                         October 29, 2004
           ADMINISTRATIVE INSTRUCTION NO. 7-38 (Revised)


SUBJECT: Military Leave Active Duty
The City of Albuquerque values the contributions made by employees who are members of
the National Guard, Air National Guard or any organized reserve unit of the Armed Forces of
the United States, including the Public Health Service, and recognizes their need to participate
in annual training. The City of Albuquerque authorizes modification of Section 402.2 of the
Personnel Rules and Regulations to provide an additional fifteen (15) days of paid military
leave for City employees who are members of any organized reserve unit of the Armed Force
of the United States mobilized by the President of the United States in support of operations
overseas and in defense of our nation. This additional paid leave is for the federal fiscal year
2005 (October 1, 2004 through September 30, 2005).

National Guard members who have been, or may be mobilized, may have already utilized
their allotted 15 days of military leave for other active duty or for the purpose of attending
organized courses of instruction or training. The additional fifteen (15) days of military leave
is necessary for the training required prior to deployment overseas. Pre-deployment training
is critical to a soldier's safety and the security of their comrades when in combat or other
hostile situations.

Incumbents in the Reserves and National Guard, except those in emergency or temporary
status, who are called to active duty during the current federal fiscal year, shall be granted the
regular fifteen (15) days of Military Leave. This leave, normally used for training purposes,
can also be used for active duty. In addition, the City of Albuquerque has authorized an
additional fifteen (15) days Military Leave for the current Federal fiscal year.

A workday is considered eight (8) hours for purposes of military leave. Military leave is paid
at the employee's straight-time rate of pay for the forty (40) hour workweek. This leave is in
addition to other authorized leave, when an employee is ordered to active duty training with
such units. Employees working part-time will receive military leave on a prorated basis.
When Military Leave has been exhausted, incumbents have the option of being placed on
Leave Without Pay (LWOP) or using accrued Annual Leave. Incumbents who exhaust their
Annual Leave shall then be placed on LWOP for the remainder of time they are on active
duty. Incumbents shall not receive pay or accrue leave while on LWOP.

_________________________________________
James B. Lewis


Chief Administrative Officer

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                           September 20, 2004
                  ADMINISTRATION INSTRUCTION NO. 7-39


SUBJECT: Mandatory Annual Management/Supervisory Training
BACKGROUND: City Personnel Rules and Regulations (Section 301.2) states that
employees are encouraged to strive for personal and professional excellence as a means of
keeping current on relevant issues and administering the public's business with professional
competence, efficiency, and effectiveness.

The Merit System Ordinance (§ 3-1-1 a, f, & h) mandates the Director of Human Resources,
under the general direction of the Chief Administrative Officer, to exercise leadership in and
encourage the development of effective personnel administration within the departments,
agencies, and special programs in the city service, and make available the resources of the
Human Resources Department to develop and establish training and educational programs for
persons in the cityservice.

POLICY- Mandatory Annual Management/ Supervisory Training: It is the policy of the City
of Albuquerque that all management employees with supervisory responsibilities shall be
required to attend sixteen hours of management/supervisory development training on an
annual basis as designated by the Human Resources Director with final approval of the CAO.

The intent of the program is to provide all City managers who have supervisory
responsibilities with a forum to stay current on relevant management issues and develop new
competencies that will be deployed in the administration of public business with professional
competence, efficiency, and effectiveness.

The Director of Human Resources is responsible for designating a City Learning Council
(CLC). The CLC will recommend curriculum development, venue selection, and methods of
deployment for the annual training program to the Director of Human Resources. The Human
Resources Department Center for Learning, Education, and Development will be responsible
for providing guidance and technical assistance to the Learning Council and for administering
the approved program.
               James B. Lewis                        9/21/04
               James B. Lewis                        Date
               Chief Administrative Officer




                           December 2, 2004
                  ADMINISTRATIVE INSTRUCTION NO. 7-40

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SUBJECT: Volunteer Screening
Volunteers provide important assistance to the City of Albuquerque in furthering the goals
and objectives of city programs and delivering City services to the public. The City has a
long and successful record of cooperation with Volunteers. Volunteers include all volunteers
and community service assignees ("Volunteers") that work with or for the City without
monetary compensation. Individuals who perform services for eight hours or less in one year
are defined as "Short-Term Volunteers" under this instruction. City Departments are
encouraged to continue cooperative efforts with Volunteers because their services have been
invaluable to the City. In order to insure the continued viability and success of Volunteer
programs, the City must insure that it does not allow a Volunteer program of the City to be
used by an ill intentioned person as a means to endanger the safety of the public, and
particularly the safety of children. The City must take reasonable precautions to ensure that
convicted criminals and sexual predators do not use a Volunteer position to commit further
crimes. Just as every effort is made by the City to insure the City work force is free of
employees who may be dangerous to the public and children, the same measures must be
taken with Volunteers. This instruction applies to current and future Volunteers. All
Volunteers must submit an executed written application to the Department(s) they will be
working under. Current Volunteers and new Volunteers must complete this application.
Short-Term Volunteers are not required to submit an application.

VOLUNTEER PARTICIPATION IN CITY PROGRAMS

All Volunteers will be screened by the City to determine their suitability to participate in City
programs. Any Volunteer may be rejected for any reason, and no reason for the rejection need
be given to a Volunteer or applicant. Volunteers who are convicted sex offenders shall not be
allowed to be Volunteers for the City. Volunteers with other convictions or pending charges
will be reviewed on a case-by-case basis and will be considered for a Volunteer position if
they do not pose a threat to the public. Short-Term Volunteers will at all times during the
Volunteer function be supervised, observed and within the control of a paid City employee
authorized to be alone with children. The Department Director or the Mayor may dismiss and
further preclude any Volunteer from further participation in any City Volunteer program for
any reason or no reason at all.

LEVEL 1: VOLUNTEERS WITHOUT ACCESS TO CHILDREN

Level 1 Volunteers shall submit an application to the City on a form approved by the Human
Resources Department. All future Volunteers will submit the application before beginning
service and all current Volunteers will submit an application within thirty days from the date
of this instruction. The City shall not use any Volunteer who fails to submit a complete
application. The application will include the applicant's name, any former name and date of
birth. The application shall state that the Volunteer consents to a background investigation
and waives and releases all liability against the City for damages incurred in the scope of the
Volunteer function.

Sex offenders pose a particular risk to the public. The City of Albuquerque shall not use any
person as a Volunteer who appears on any Megan's law website as a sex offender or is

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otherwise registered as a sex offender anywhere. The Department reviewing a Volunteer will
verify that the Volunteer is not a registered sex offender under any State's Megan's Law. A
sex offender is any individual included as a sex offender under the Megan's law of any state.
The inquiry concerning whether the Volunteer is a convicted sex offender shall be approved
by the Human Resources Department and undertaken in a reasonably reliable manner
including but not limited to clearing the Volunteer by name (former names and aliases) on
Megan's law websites. Examples of acceptable websites are
www.nmsexoffender.dps.state.nm.us and www.klaaskids.org. The inquiry shall be conducted
as often as reasonably necessary and at least once each calendar year for all Volunteers. The
Department Director may dismiss and further preclude any Volunteer from further
participation in any City Volunteer program if the Volunteer engages in any conduct
reasonably perceived as dangerous to children or otherwise disruptive to the City or other
Volunteers.

LEVEL 2: VOLUNTEERS WITH ACCESS TO CHILDREN

For purposes of this instruction, the terms "Adult," "Alone With a Child" and "Child" shall
have the same meaning those terms have under the Albuquerque Sex Offender Registration
and Notification Act ("ASORNA"). The Departments shall immediately compile a written list
of Volunteers that could be Alone With a Child in the scope of the Volunteer function. The
list will be updated to include new Volunteers. The Department must immediately submit the
list and applications of the Volunteers on the list to the Albuquerque Police Department for a
background investigation. The background investigation shall be substantially the same as
that allowable on any City of Albuquerque employee that may be Alone with a Child in the
scope of employment. The Albuquerque Police Department may reject any Volunteer
applicant deemed to be a risk to the public or children. No person shall serve as a Volunteer if
ever convicted of a sex offense under ASORNA or a substantially similar offense in any
jurisdiction. Background investigations may be conducted as often as reasonably necessary
and at least once each calendar year for all Volunteers.

Level 2 Volunteers shall submit an application to the City on a form approved by the Human
Resources Department. All future Level 2 Volunteers will submit the application and all
current Level 2 Volunteers will submit an application within ten days from the date of this
instruction. The City shall not use any Level 2 Volunteer who fails to submit a complete
application. On the application, the Level 2 Volunteer must swear that they have not been
convicted of a sex offense against any person at any time. A sex offense means any sex crime
so defined by the Megan's law of any jurisdiction or any sex crime similar to the crimes listed
as sex offenses under the New Mexico Sex Offender Registration and Notification Act. On
the application, the Level 2 Volunteer must also indicate whether they have been convicted of
a felony or other crime punishable by a jail term of more than one year and state the nature
and date of that crime. The application must include the Level 2 Volunteer's name (including
all former names and aliases), gender, address, birth date, social security number and physical
description. The Level 2 Volunteer must additionally list every State of residence or arrest. If
the Level 2 Volunteer will be using a non-City vehicle for Volunteer duties, the Level 2
Volunteer must provide a driver's license number and the license plate number of the
vehicle(s) that will be used. The application shall state that the Level 2 Volunteer consents to


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a background investigation as a prerequisite to volunteering with the City, and waives all
claims for liability against the City for injury or damage arising out of volunteer work for the
City that are a result of his or her own actions or negligence. The Application shall notify the
Level 2 Volunteer that he has a duty to immediately notify the City upon arrest for a felony or
any offense. Any person who fails to submit the application shall not serve as a Volunteer for
the City of Albuquerque. If the Level 2 Volunteer is a Child, the application must be
approved and signed by the applicant's parent or legal guardian.

APPROVED:

__________________________________________
James B. Lewis, Chief Administrative Officer




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                              April 6, 2005
                  ADMINISTRATIVE INSTRUCTION NO. 7-41


SUBJECT: COMMUTING DURING THE COORS/I-40 RECONSTRUCTION
City employees living on the west side will be sharing their traffic "woes" with all west side
residents during the reconstruction of Coors/I-40. The City is encouraging private employers
to work closely with their employees to develop ride-sharing and flex schedules and to
support the use of our newly-enhanced bus services to mitigate rush-hour traffic.
Ride-sharing and the use of public transportation are two options available to City employees.
Employees are strongly encouraged to take advantage of the $14 monthly transit pass
available to City employees. The Transit Department can assist employees with ride-sharing
arrangements.
Telecommuting will not be offered to City employees during the construction period. The
City has an obligation to ensure that employees are available during normal business hours for
citizens who have a need to conduct business with us. When it makes good business sense or
if it could increase customer service, flexing employees regular work schedules to start up to
one hour earlier or to leave one hour later may be considered. Department directors will have
the discretion to determine if such schedule changes are in the best interests of our residents
and employees.
James B. Lewis
Chief Administrative Officer




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                                   Miscellaneous


                                 July 15, 2005
                        Administrative Instruction No. 8-1


Subject: City Telecommunications Services Usage Policy
Policies governing the use of City telecommunications services including, but not limited to
land lines, cell phones, pagers and wireless access, have been consolidated as part of the
Information Technology Policies and Standards. These IT Policies and Standards can be
accessed at http://mesa.cabq.gov/policy.nsf. Select "Telecommunications", select "Policy",
select "Telecommunications Usage Policy".
Employees are reminded that all messages, files and user actions are subject to monitoring.
There is no expectation of personal privacy either expressed or implied when using or
accessing City telecommunications services. Further, absent a clear exception provided
below, all land line, cell phone and pager numbers paid with taxpayer dollars are to be made
available to the public on request.
Exceptions to the above policy will be made for public safety officers working in an
environment that requires their identity to be protected, and employees who have sought and
or obtained a temporary restraining order or domestic violence/civil protection order to protect
them while they are in the workplace. Other exceptions may be granted by the Chief
Administrative Officer with adequate justification and documentation. The Human Resources
Department, working in conjunction with the Telecommunications Management Group when
necessary, will ensure that such employee's City land line, cell phone and pager numbers are
not available to the public.
James B. Lewis
Chief Administrative Officer




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 8-2


SUBJECT: Establishment of the Development Review Board
INTENT
The Development Review Board (DRB) is hereby established to provide a forum for key City
departments directly responsible for specialized aspects of the physical development of this
community to review and make decisions on proposals scheduled for their hearings.
The DRB is intended to meet three general goals:
1.     Implement a more effective and less time-consuming review and approval process for
       both the City and the applicants.
2.     Implement a mechanism for discussion where all key agencies and the applicants
       receive the same information and interface as a group, thereby establishing the same
       base for analysis of the proposal and its relevant impact on each agency's
       specialization area.
3.     Facilitate better coordination, planning and judgment which will lead to better quality
       development in the City of Albuquerque.
DEVELOPMENT REVIEW BOARD ESTABLISHED
Section 1.
       A.     Establishment: There is hereby established a Development Review Board of
              the City of Albuquerque, hereinafter called the “DRB.”
       B.     Organization: The DRB shall be composed of five (5) members, who are
              employees of the City of Albuquerque representing the following:
              a.      City Planner
              b.      Director of Parks and Recreation
              c.      Water Resources Engineer
              d.      Traffic Engineer
              e.      City Engineer
       C.     Member Qualifications:
              a.      General:


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                      1.      A board member or alternate must be authorized to sign plats.
                                              2.     Each of the members and any designated
                              alternates shall have qualifications which are commensurate
                              with the qualifications to be established below.
               b.     Specific: Specific qualifications and responsibilities for each member
                      shall be delineated within the Rules and Procedures recommended by
                      the DRB and approved by the Chief Administrative Officer.
               c.     Conflict: If any item is to be considered in which any of the members
                      voting on the item has a personal financial interest, he/she must
                      disclose such interest and ensure that his/her alternate sits in review of
                      that item.
       D.    Appointment:
               a.     The appropriate department director shall appoint a member and an
                      alternate.
               b.     All appointments of members and alternates shall be made by written
                      memo to the City Planner, with the concurrence of the Chief
                      Administrative Officer.
               c.     Every member and alternate, unless removed, shall serve until a
                      replacement has been assigned.
               d.     In the case of the emergency absence of designated member(s), the
                      appropriate department director can sit for, or can designate a
                      temporary alternate for, the missing representatives).
       E.   Member Removal:
               a.     Any member (not alternate) of the DRB who has missed more than 50
                      percent of the meetings held during a three-month period shall be
                      automatically removed from the DRB unless the appropriate
                      department director assures the DRB that the member will attend in the
                      future.
               b.     Any member may be removed by written notice of the City Planner
                      with the concurrence of the Chief Administrative Officer. A copy of
                      the notice will be sent to the appropriate department director.




Section 2. DUTIES, RESPONSIBILITIES AND POWERS:
The DRB is hereby granted the responsibility for the exercise of administrative approval
authority, advisory and review authority, potential duly delegated responsibilities, and powers
of delegation as set forth in this section.

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The DRB shall exercise administrative approval authority for:
      A.     Subdivisions (where no rezoning action or annexation is required);
       B.     Site development, for administrative approval and as delegated by the
              Environmental Planning Commission (EPC);
       C.     Minor amendments to approved development plans;
       D.     Sidewalk variances; and
       E.     Sign-off for compliance with written conditions set by the EPC on
              development plans.
The DRB shall have the right to exercise advisory/review responsibilities for:
      A.     Subdivisions for which rezoning and/or annexation is required;
       B.     Sector development and area plans;
       C.     Plans for transportation corridors shown on the Long Range Major Street Plan
              or in an alignment study;
       D.     Future street alignment recommendations;
       E.     Facilities master plan review for flood control;
       F.     Functional review of site development plans to be approved by other bodies;
              and
       G.     Preliminary subdivision and/or sector plan service agreements as appropriate.
1.     The DRB is hereby authorized to act, subject to approval by the Mayor, in other
       matters which may be duly delegated by the responsible entity(ies).
2.     The DRB may delegate responsibilities assigned to it:
       A.     To Committees: The chairperson, with concurrence of a majority vote of the
              DRB, may create committees and assign responsibilities and authority in
              writing from time to time as it may deem necessary or desirable. DRB
              committees may be formed from DRB members and/or other City staff.
              Committees shall handle specific project areas, special problems and shall
              carry out the assigned duties,
              responsibilities and powers of the DRB. The DRB shall select the members,
              and the committee will select its chairperson.
              a.      Committees established by the DRB shall proceed by these rules of
                      procedure.
              b.      When related staff development review committees are established by
                      other bodies, such as the design team established by the Sidewalk
                      Ordinance, the DRB shall make recommendations as appropriate for
                      implementation.


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       B.     To Staff Agencies: The DRB will establish criteria and standards to allow staff
              to exercise administrative approval on specific types of requests. The criteria
              and standards must be appended to the rules of conduct of the DRB prior to
              delegation of authority. A consensus is required to establish or amend the
              criteria or standards.
Section 3. ORGANIZATIONS AND MEETINGS
1.     Chairman: The City Planner or his designated representative shall be the chairman of
       the DRB.
2.     Decisions
       A.     By Consensus:
              A consensus of all five members is necessary to advise and to exercise
              administrative approval on items before the DRB. Failure to achieve a
              consensus shall be deemed a denial for purposes of appeal unless a deferral is
              agreed to in writing by the applicant.
       B.     By Vote:
              Voting occurs on rules, procedures, and similar items. A simple majority of
              votes cast shall carry all motions.
3.     Meetings and Hearings:
       A.     Open Meetings. All DRB meetings are open to the public.
       B.     Meetings shall be held on a regularly scheduled basis.
       C.     Special meetings. Special meetings may be called by the chairperson with at
              least twenty-four hours public notice posted in the lobby of City Hall. Such
              meetings shall be open to the public.
       D.     Notice. Notice of time and place of DRB hearings shall be in accordance with
              the ordinances, rules and regulations governing the items under discussion.
       E.     Quorum. A DRB quorum consists of all five members or their alternates. A
              quorum is necessary to conduct business.
       F.     Records. The DRB shall maintain records of all matters which it considers.
              Such records shall be kept available for public inspection during regular
              working hours.
APPEALS:
1.     A denial based on irreconcilable conflict between members will be resolved by the
       Environmental Planning Commission.
2.     Any individual or agency may appeal a DRB decision. Appeals follow the process
       appropriate to the type of request.


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Arthur A. Blumenfeld
Chief Administrative Officer




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 8-3


SUBJECT: Forms Inventory Process and Inventory
This policy is intended to control and coordinate the development of new and revised forms,
eliminate the City's investment in obsolete forms, maximize the efficient use of storage space,
and achieve realistic estimates of forms usage for reorder purposes.
DEFINITIONS:
Limited-Use Forms - Forms normally used by only one department
General-Use Forms - Forms used by multiple departments
POLICY:
1.     NEW AND REVISED FORMS DEVELOPMENT PROCESS:
A.     A "Forms Review Committee" will review all proposed new forms and revisions to
       existing forms. The committee will include members from the CAO's Office,
       Information Systems Division, Purchasing Division and an ad hoc representative from
       the requesting user department.
The Forms Review Committee will be chaired by the Purchasing Officer or designee and will
have the responsibility, in addition to meeting the needs of the user departments, to insure
that:
·      The form is coordinated with all of the appropriate agencies which may be impacted
       by the form;
·      Consideration is given to the feasibility of automating the process associated with the
       form;
·      Forms developed are compatible with existing hardware and software;
·      Instructions for use of the form are clear and concise;
·      Determination is made as to whether the form should be a stock item; and
·      In the case of requests to modify existing forms, consideration is given to current stock
       and cost impact.
B.     Limited-use forms which do not impact other departments or the general public and
       are not automated will require only the review of the Purchasing Officer.
C.     All requests for new or revised forms will be submitted to the Purchasing Officer, who
       will either approve or disapprove limited-use forms requests or coordinate a meeting
       of the Forms Review Committee for action by the Committee. In either case, a
       "New/Revised Form Approval" form will be issued to the department indicating

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       approval or disapproval to continue with the procurement process.
D.     If a request is submitted for a new or revised form which will replace and make
       obsolete an existing form, the existing inventory will be issued to the user department,
       and the cost will be charged to the department at current pricing by Journal Voucher or
       use of a "Supplies Requisition."
Questions with regard to this Administrative Instruction are to be directed to the Purchasing
Officer.
Arthur A. Blumenfeld
Chief Administrative Officer




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 8-4


SUBJECT: Establishment of the Design Review Committee
A.     INTENT
       The Design Review Committee (DRC) is hereby established to provide a forum for the
       City departments directly responsible for specialized aspects of the physical
       development of this community to review and make decisions on construction project
       designs scheduled for their review and approval.
       The DRC is intended to meet three general goals:
       1.     Implement a more effective and less time-consuming review and approval
              process for both the City and the designer/developer.
       2.     Implement a mechanism for discussion in which all key agencies and the
              designer/developer receive the same information and interface as a group,
              thereby establishing the same base for analysis of infrastructure designs and
              City capital improvement projects and the integration of design elements
              affecting each agency's specialization area into a balanced design consistent
              with adopted standards.
       3.     Facilitate better coordination, integration of design elements, and more
              effective design which will lead to better quality and consistent development in
              the City of Albuquerque.
B.      DESIGN REVIEW COMMITTEE ESTABLISHED
       1.     Establishment: There is hereby established a Design Review Committee of the
              City of Albuquerque, hereinafter called the “DRC.”
       2.     Organization: The DRC shall be composed of members who are employees of
              the City of Albuquerque representing the following:
              a.      City Engineer
              b.      Transportation/Traffic
              c.      Water/Wastewater
              d.      Hydrology/Storm Drainage
              e.      City Architect (as needed basis)
       3.     Member Qualifications

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              a.      General:
                      i.      A committee member or alternate must be qualified and
                              authorized to sign design documents.
                      ii.     Each of the members and any designated alternate shall have the
                              qualifications as follows:
              b.      Specific:
                      i.      Committee members charged with the responsibility to review
                              and endorse engineering designs must be Registered
                              Professional Engineers according to the laws of New Mexico.
                      ii.     Members serving on an "as needed basis" must be licensed in
                              the discipline represented, such as a Registered Landscape
                              Architect or a Registered Architect on architectural projects.
              c.      Conflict: If an item is to be considered in which any of the members
                      voting on the item has a personal financial interest, he/she must
                      disclose such interest and ensure that his/her alternate sits in review of
                      that item.
       4.     Appointment:
              a.      The City Engineer shall appoint the committee chairman and an
                      alternate, subject to the approval of the director of the Public Works
                      Department.
              b.      All appointments of members and alternates, other than the City
                      Engineer's, shall be made in writing by the appropriate department
                      director.
              c.      Every member and alternate, unless removed, shall serve until a
                      replacement has been assigned. A two-year appointment is encouraged.
              d.      In the case of emergency absence of designated member(s), the
                      appropriate department director can designate a temporary
                      professionally-qualified alternate for the absent representatives.
       5.     Member Removal:
              a.      An immediate qualified replacement will be appointed by the
                      appropriate department director. Any member may be removed for due
                      cause by written notice of the Chairman, DRC, with the concurrence of
                      the appropriate department director.
C.     DUTIES, RESPONSIBILITIES AND POWERS
       The DRC is hereby granted the responsibility for the exercise of administrative
       approval authority, advisory and review authority, potential duly delegated
       responsibilities, and powers of delegation as set forth in the section.

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       1.     The DRC shall exercise administrative approval authority for:
              a.      Design Documents, including plans, estimates and specifications, for
                      privately sponsored development.
              b.      Infrastructure design documents for Capital Improvements Projects
                      involving facilities of one of the City's agencies, or which are within
                      public right-of-way.
              c.      Variance from infrastructure design details as provided in adopted
                      standards (where such variance granting approval authority is not
                      reserved to a superior entity such as the City Engineer, Development
                      Review Board or other authoritative body).
       2.     The DRC shall have the right to exercise advisory/review responsibilities for:
              a.      Proposed revisions to the Development Process Manual.
              b.      Proposed revisions to City of Albuquerque Standard Specifications for
                      Public Works Construction and the City of Albuquerque Standard
                      Detail Drawings appended thereto.
              C.      Proposed new techniques, materials and methods for infrastructure
                      design and construction.
       3.     The DRC is hereby authorized to act (subject to approval by the CAO) in other
              matters which may be duly delegated by the responsible entity(ies).
       4.     The DRC may delegate responsibilities assigned to it:
              a.      To Committees: The Chairman, DRC, may, with the concurrence of a
                      majority vote of the DRC members, create committees and assign
                      responsibilities and authority in writing as he/she may from time to
                      time deem necessary or desirable. DRC committees may be formed
                      from DRC members and/or other City staff. Committees shall handle
                      specific project areas, special problems and shall carry out duties,
                      responsibilities and powers as assigned by the DRC. The DRC shall
                      select the members and the committee will select its chairperson.
                      Committees established by the DRC shall proceed by these rules of
                      procedures.
              b.      To Staff Agencies: The DRC will establish criteria and standards to
                      allow the Chairman to exercise administrative approval on specific
                      types of design requests.
       5.     The DRC shall develop and publish appropriate operating procedures for the
              exercise of the committee's responsibilities.
D.     ORGANIZATION AND MEETINGS
       1.     CHAIRMAN: The City Engineer's representative or alternate shall be the


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              chairman of the DRC.
       2.     DECISIONS
              a.      By Consensus: A consensus of all members is necessary to advise and
                      to exercise administrative approval on items before the DRC. Failure
                      to achieve a consensus shall be deemed a denial for purposes of appeal
                      unless a deferral is agreed to in writing by the applicant.
              b.      By Vote: Voting occurs on rules, procedures and similar items. A
                      simple majority of votes cast shall carry all motions.
       3.   MEETINGS AND HEARINGS
              a.      Open Meetings. All DRC meetings are open to the public, although
                      only DRC members may make conditions and requirements for the
                      applicant pertaining to the design of the project before the DRC.
              b.      Meetings shall be held on a regularly scheduled basis.
              c.      Special Meetings. Special meetings may be called by the Chairman
                      with at least twenty-four hours notice. Such meetings shall be open to
                      the public.
              d.      Quorum. A DRC quorum consists of all members or their alternates. A
                      quorum is necessary to conduct business.
              e.      Records. The DRC shall maintain records of all matters it considers.
                      File copies of design documents approved shall be kept in the City
                      Engineer's Office. Such records shall be kept available for public
                      inspection during regular working hours.
       4.     APPEALS
              a.      A denial based on irreconcilable conflict between members will be
                      resolved by a committee of the directors of the appropriate departments.
              b.      Any individual or agency may appeal a DRC decision. Appeal must be
                      made to the Director of the Public Works Department. Appeal of the
                      department director's decision must be to the Chief Administrative
                      Officer.
Arthur A. Blumenfeld
Chief Administrative Officer




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                            September 1, 1992
                   ADMINISTRATIVE INSTRUCTION NO. 8-5


SUBJECT: Safety Policy
It is the policy of the City of Albuquerque to ensure that safe and healthful working conditions
exist for its employees, contractors and the general public whose work involves the
conducting of business in city-owned buildings, on city- owned properties or in the course of
normal business, with the aim of reducing damage to property and assuring that no person
suffers diminished health, functional capacity or life expectancy.
It is the responsibility of each employee to perform assigned job duties in the safest possible
manner, using all available safety measures and devices to prevent injury to themselves, co-
workers or the general public, and to report unsafe equipment, materials or conditions to those
in responsible charge.
It is the responsibility of each supervisor to assign duties and responsibilities to subordinates
which are necessary in the course of business and to provide the necessary job-related safety
devices and equipment, information, education and training to ensure a safe and healthful
working environment, realizing that some occupations have unavoidable, inherent dangers.
It is the responsibility of each department director to develop and promulgate rules,
regulations and operating procedures specific to the safety of their employees to include
training sessions, identification of safety hazards, formation of safety committees, the
adoption and enforcement of appropriate safety recommendations and to establish and
maintain an accountability system for all employees which holds them accountable for
accident prevention.
It is the responsibility of the Risk Manager to coordinate all city and departmental activities
relating to this policy to include, but not limited to, the identification, investigation and
inspection of all safety related concerns and issues and recommendations of potential
solutions to operating departments.
Realizing the separate but dependent responsibilities and rights of the aforementioned, it is the
shared, corporate responsibility to work in unison toward the development of a safe and
harmonious working environment through the development of goals, directives, standards,
rules and regulations designed to minimize work related illness and injury through the
administration and enforcement of all conditions consistent with, and pursuant to, the intent
and application of this policy.
Effective Date:
This Administrative Instruction is effective immediately.
Arthur A. Blumenfeld
Chief Administrative Officer




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                             May 4, 1994
                 ADMINISTRATIVE INSTRUCTION NO. 8-6-1


SUBJECT: Closure of Central Avenue for Events
The official policy of the city of Albuquerque concerning closing Central Avenue for special
events, such as parades, is as follows:
        No more than half the total number of the traffic lanes of Central Avenue should be
        blocked for parades or other events, at any one time.
       Exceptions, such as a major parade or other major event requiring the use of all traffic
       lanes, must be granted by the Chief Administrative Officer.
       Because blocking any lanes on Central Avenue can cause a major disruption in traffic
       flow, including passage of emergency vehicles, and in the City's ability to provide
       consistent transit service, all of which may adversely affect the safety and welfare of
       the citizens, City departments included in the processing of parade or event request
       permits should encourage the planners of these events to seek less traveled routes.
Lawrence Rael
Chief Administrative Officer
Date




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                              June 1, 1995
                   ADMINISTRATIVE INSTRUCTION NO. 8-7


SUBJECT: Flood Hazard Ordinance Certification Fee
Effective July 1, 1995, the City will charge, in addition to and in conjunction with all Building
Permit Applications, a Flood Hazard Ordinance Fee, hereinafter referred to as the "Fee". The
Fee is required to offset the administrative expenses associated with the enforcement of the
Flood Hazard Ordinance including requests for variances for all single family, commercial,
multi-family and Mobile home developments in the City and to certify compliance with the
Flood Hazard Ordinance.
The Fee for all Flood Hazard Ordinance Certifications shall be Thirty-one Dollars ($31.00).
Effective Date
This Administration Instruction is effective immediately.
Lawrence Rael
Chief Administrative Officer




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                             June 14, 1996
                   ADMINISTRATIVE INSTRUCTION NO. 8-9


SUBJECT: Gambling on City Property
The purpose of this Administrative Instruction is to establish a policy prohibiting for-profit or
commercial gambling on City property. The City recognizes that bingo, raffles, lotteries, and
other forms of charitable games should not be prohibited, provided that they are conducted by
non-profit organizations.
Unless waived by the Chief Administrative Officer, any form of gambling, as defined by state
law, may not be conducted on property owned, leased or maintained by the City of
Albuquerque. Under this Administrative Instruction, gambling includes any form of lottery
authorized by the New Mexico Lottery Act, Section 6-24-1, NMSA 1978, as amended,
including the sale of lottery tickets under that Act. This Administrative Instruction does not
apply to non-commercial gambling held for the purposes of raising money for non-profit
organizations or for charitable purposes.
Lawrence Rael
Chief Administrative Officer
Date:____________




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                              April 7, 1997
                  ADMINISTRATIVE INSTRUCTION NO. 8-10


SUBJECT: Appeals of Decision of City Boards and Commissions
It is the policy of the City of Albuquerque that, when the City is not the prevailing party in a
proceeding before any City board or commission, the Chief Administrative Officer will decide
whether to appeal the decision.

Lawrence Rael

Chief Administrative Officer




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                            August 13, 1997
                  ADMINISTRATIVE INSTRUCTION NO. 8-11


SUBJECT: Parking Policy - Monthly Space Allocation and Usage
This instruction promulgates and formally establishes the City's policy on monthly space
allocation and usage thereof for parking structures, garages, and surface lots owned by the
City of Albuquerque, operated and maintained by the Parks and General Services Department,
Parking Division.
        1.     The Parking Division has initiated and maintained formal waiting lists where
the demand for monthly parking space has exceeded the total number of spaces or percentage
allocated thereof in a particular facility/structure/surface lot.
        The formal waiting list(s) were, after a lengthy process, updated in December 1994 to
insure correctness.
        No individual will be inserted nor grand fathered in ahead of the established lists as of
this writing.
         2.      Individuals who desire to obtain a monthly parking space, for a particular
facility/structure/surface lot and no space is available, will be required to formally sign-up in
person at the Parking Division Office or via telephone fax, the official waiting list sign up
sheet in full, and abide by the conditions stipulated.
       3.      As a service, Parking Division staff will send individuals on the waiting list(s)
via mail an interest form in order to update and keep the waiting list(s) current. Individuals
who do not return the interest form within the time frame indicated will be purged from the
waiting list.
SIGN UP FOR SPACE:
         1.      When a vacancy occurs, and a parking space(s) becomes available at a
facility/structure/surface lot, the assigned Division staff member will call, in numerical
sequence the first name on the waiting list down. Only one (1) parking space will be issued
per individual.
       2.     Division staff members are to verity that the individual to be issued a space is
in fact valid and legitimate from the facility/structure/surface lot waiting list prior to
completion of any required forms.
        3.      Individuals who are called, will be required to present a valid pictured
identification, read and sign the standard lease contract agreement, complete in full any
applicable payroll deduction forms, pay the access card deposit and applicable pro-rate fees

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prior to being issued a space.
SPACE USAGE:
        1.     Failure to comply with the provisions of the lease contract agreement and
misuse of the assigned parking space other than its' intended purpose, as stipulated, will result
in immediate forfeiture of the space privilege without benefit of 30 (thirty) days notice and
refund.
        The Parking Division will strictly adhere with the provisions of the policy for space
allocation and usage as indicated. However, it is also recognized and understood that there
are factors which will cause preemption of a facility/structure/surface lot waiting list.
PRE-EMPTION OF THE WAITING LIST:
Preemption of a facility/structure/surface lot will occur only under the following conditions:
       1.     To provide reasonable accommodation due to ADA requirements. Submission
of Department of Motor Vehicle Certification and valid handicap placard for records;
        2.     Employees who cannot walk long distances due to recent injury, surgery, and
pregnancy. Employees in this category will be required to submit physician's documentation
for record, and may only utilize a space for a short duration, not to exceed six (6) months.
        3.      VIP status - Department Directors or above.
         4.      City Council and Mayor's office staff. A block of spaces for staff members of
these two (2) departments will be provided with the provision that when an employee of either
office leaves due to transfer, promotion etc., the space held by the employee will not be grand
fathered in, but would be made available to the next employee.
         Employees in this category will be given the option of signing up on a
facility/structure/surface lot waiting list when they assume a space.
        5.      Long term agreements for the good of the City.
         6.      Relocations      due   to     construction      repairs/renovations     of    a
facility/structure/surface lot.
Lawrence Rael
Chief Administrative Officer




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                            July 15, 2005
                 ADMINISTRATIVE INSTRUCTION NO. 8-12


SUBJECT: Internet Usage Policy
Policies governing the use of City Information Technology resources including, but not
limited to, the Internet, e-mail, applications programs, telecommunications and all related
hardware and software, have been consolidated as part of the Information Technology Policies
and Standards.         These IT Policies and Standards can be accessed at
http://mesa.cabq.gov/policy.nsf
Employees are reminded that all messages, files and user actions are subject to monitoring.
There is no expectation of personal privacy either expressed or implied when using or
accessing City IT resources.
James B. Lewis
Chief Administrative Officer




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                             July 15, 2005
                  ADMINISTRATIVE INSTRUCTION NO. 8-13


SUBJECT: City E-Mail Usage Policy
Policies governing the use of City Information Technology resources including, but not
limited to, e-mail, applications programs, telecommunications and all related hardware and
software, have been consolidated as part of the Information Technology Policies and
Standards. These IT Policies and Standards can be accessed at
http://mesa.cabq.gov/policy.nsf
Employees are reminded that all messages, files and user actions are subject to monitoring.
There is no expectation of personal privacy either expressed or implied when using or
accessing City IT resources.
James B. Lewis


Chief Administrative Officer




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                             March 1, 1999
                  ADMINISTRATIVE INSTRUCTION NO. 8-14


SUBJECT: Abbreviated Work Schedule
On occasion employees do not work a full work day due to early release for a holiday or may
have a change in schedule due to adverse weather conditions. Since these are two distinct
situations the following policies will apply:
Adverse Weather Conditions:
Background:
At times the City experiences extreme weather conditions which may affect driving
conditions. At the same time the City is charged with providing essential services such as
Police, Fire, Corrections, Street Maintenance and Computer Services on a 7 day / 24 hour
basis. These essential services cannot be interrupted.
Policy:
Essential Services -- employees providing essential services must adhere to their scheduled
hours in order to continue uninterrupted service on a 7 day / 24 hour basis.
Non-essential Services -- employees providing non-essential services that arrive late or leave
early due to actual or potential weather conditions must submit a leave request form for
vacation or the employee will be allowed to make-up the time within the same work week up
to a maximum of two hours.
Early Release:
Background:
During the holiday season or on special occasion the Mayor or CAO may announce the early
release of employees. This announcement is applicable only to employees that were actually
on-duty at that particular time.
Policy:
Only employees that are actually "on-duty" may be released early. If an employee is on leave
on the specific day and time of early release, their time will continue to be reported as leave.
A comparable number of hours will not be taken at a later time.
If an employee volunteers or is required to stay as part of a skeleton crew to ensure coverage
of the office, the employee will be allowed to take a comparable number of hours off at
another time within the next pay period.
It is the responsibility of the Department Directors and all managers to ensure full compliance
with these policies.
Effective Date:
This policy is effective immediately.
Lawrence Rael



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Chief Administrative Officer
Date: 3/8/99




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                              April 5, 1999
                  ADMINISTRATIVE INSTRUCTION NO. 8-15


SUBJECT: Parental Permission Forms
The City of Albuquerque provides programs in which children under the age of eighteen
participate. City employees involved in these programs need to know certain information
about each child in order to properly respond to emergencies involving the child. In addition,
the City needs to know that the parents of the child are aware of their child's participation in
these City programs.
In order to address the above concerns, all City Departments shall use the Parental
Permission, Medical Release, and Waiver Form attached to this Administrative Instruction
for each child participating in a program sponsored by the Department. The form shall be
kept current as the child participates in subsequent programs. Each Department shall have the
completed and signed form for each child readily available for use by its employees.
Departments shall not rely on past forms or forms for a child on file with other Departments
or for other programs.
In the event the program includes travel, the Parental Permission for Travel, Medical
Release, and Waiver Form attached to this Administrative Instruction shall also be completed
and signed by the parent or guardian of each child participating in such travel. This
permission form shall specify each out of town trip in which the child participates.
Use of the above referenced forms is explained further in the Instructions Concerning
Waiver Forms for Children in City Programs, attached to this Administrative Instruction.
Effective Date:
This Administrative Instruction is effective immediately
Lawrence                                                                                    Rael
Chief Administrative Officer
Date: 4/28/99
Attachments:
       Parental     Permission,   Medical    Release,               and      Waiver       Form
       For: __________________________ (Name of Child)
Parental Permission: I hereby give the City of Albuquerque (the City) permission for my
child (named above) to participate in the __________________ of the City (the Program). I
acknowledge that some activities of the Program may be off City property and give my
permission for my Child to participate in such activities.
Medical Release: I authorize the City staff to act on my behalf if medical treatment for my
Child is necessary. In the event of illness or injury to my Child, I authorize the City to obtain
medical treatment for my Child and authorize medical services to be provided under the
medical insurance identified below, or if none, at the expense of the Responsible Party

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identified below.
Liability Waiver: I agree to hold the City harmless for any injury or medical or other health
care problem my Child may incur during my Child's participation in the Program, both on and
off City property. I agree to pay all medical cost related to any injury or illness that my Child
may incur during my Child's participation in the Program. I further agree that the City shall
not be responsible for payment of medical services for my child and acknowledge and agree
that any City insurance that may exist does not cover my Child's medical costs.
Medical Information: Medical insurance that provides health care coverage for my Child is
shown on the attached health insurance card. The following is a list of all medical problems,
allergies, medications being taken, and restrictions due to my Child's health conditions:
___________________________________________________________________________
__________
___________________________________________________________________________
__________
___________________________________________________________________________
__________
My Child may not take the following medications:
___________________________________________________________________________
__________
My                    Child's                  physician                                      is:
Name:______________________________________________________________
Day         Phone:       _______________________________                                   Night
Phone:__________________________________
Preferred
Hospital:___________________________________________________________(Address/C
ity)
Responsible Party: Identify who is the responsible party for payment of health care for the
Child. Provide this information in addition to providing the medical insurance card. Provide
this information even if there is not medical insurance.
Responsible Party:________________              Work     Phone:________________           Home
Phone:________________
Relationship                                                               to
Child:____________________________________________________________________
Medical Care Contacts: List at least two people the City may contact in the event the Child
requests medical care or the City determines that the Child is in need of medical care:
1.    Name:________________               Home       Phone:__________________              Work
Phone:_________________


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Relationship                                                               to
Child:____________________________________________________________________
2.    Name:________________               Home       Phone:__________________              Work
Phone:_________________
Relationship                                                               to
Child:____________________________________________________________________
Authorization to Release Child: In the event my Child requires medical care, as determined
by the City or requested by the Child, I authorize the City to release my Child to the custody
of any one of the people named above as Medical Care Contacts.
Signature:__________________________________(Parent/Guardian)                               Date
_____/_____/_____
Print       Name        of        Parent      or                      Guardian           signing
above:_______________________________________
Witnessed:________________________________________________                                  Date
_____/_____/_____


               Parental Permission for Travel, Medical Release, and Waiver Form
                     For: _______________________ (Name of Child)
Parental Permission: I hereby give the City of Albuquerque (the City) permission for my
Child (named above) to participate in ______________________ of the City (the Program)
and the following specific activity conducted by the Program: (List activity, travel
destination, dates of Activity, and type of transportation):
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________ (the Activity).
Medical Release: I authorize the City staff to act on my behalf if medical treatment for my
Child is necessary. In the event of illness or injury to my Child, I authorize the City to obtain
medical treatment for my Child and authorize medical services to be provided under the
medical insurance identified below, or if none, at the expense of the Responsible Party
identified below.
Liability Waiver: I agree to hold the City harmless for any injury or medical or other health
care problem my Child may incur during my Child's participation in the Program and the
Activity. I agree to pay all medical cost related to any injury or illness that my Child may
incur during my Child's participation in the Program and the Activity. I further agree that the
City shall not be responsible for payment of medical services for my Child and acknowledge
and agree that any City insurance that may exist does not cover my Child's medical costs.
Medical Information: Medical insurance that provides health care coverage for my Child is
shown on the attached health insurance card.* The following is a list of all medical problems,

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allergies, medications being taken, and restrictions due to my Child's health condition:
___________________________________________________________________________
___________________________________________________________________________
____________________
My Child may not take the following medications:
___________________________________________________________________________
__________
My                    Child's                  physician                                     is:
Name:______________________________________________________________
Day            Phone:______________________________                                        Night
Phone:___________________________________
Preferred                                                             Hospital:
___________________________________________________________(Address/City)
Responsible Party: Identify who is the responsible party for payment of health care for the
Child. Provide this information in addition to providing the medical insurance card. Provide
this information even if there is no medical insurance.
Responsible Party: ________________            Work Phone:_________________                Home
Phone:______________
Relationship                                                                to
Child:_____________________________________________________________________
Medical Care Contacts: List at least two people the City may contact in the event the City
determines that the Child is in need of medical care or if the Child requests medical care:
1.    Name:________________               Home      Phone:__________________               Work
Phone:_________________
Relationship                                                               to
Child:____________________________________________________________________
2.    Name:________________               Home      Phone:__________________               Work
Phone:_________________
Relationship                                                               to
Child:____________________________________________________________________
Authorization to Release Child: In the event my Child requires medical care, as determined
by the City or requested by the Child, I authorize the City to release my Child to the custody
of any one of the people named above as Medical Care Contacts.
Signature:__________________________________(Parent/Guardian)                              Date
_____/_____/_____



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Print       Name        of        Parent      or                       Guardian           signing
above:_______________________________________
Witnessed:________________________________________________                                   Date
_____/_____/_____
* Insurance cards change periodically, copy the card for each trip, do not use previous copies
on                                                                                        file.


          Instructions Concerning Waiver Forms for Children in City Programs
1       Who Is a Child. A Child is anyone under 18 years of age. If there is any question bout
age, require proof of age including a birth certificate or government issued photo
identification card.
2.      The Program. The Program is the name of the City program in which the Child
participates. If there is more than one program, please list all such programs on the waiver
forms or fill out a form for each Program.
3.     The Activity. When listing a specific activity, specify the type of transportation such
as public bus, airline, or train, or specify if private or City owned or leased vehicles are being
used. Risk Management does not want transportation to be provided except by public
transportation companies.
4.     Activity Dates. When listing the dates of the Activity include travel dates.
5.      Medicine. When listing medications being taken, identify prescription drugs. You may
want to take precautions to prevent other children from taking prescription drugs away from
the child for whom they are prescribed.
6.      Responsible Party. The responsible party may or may not be the parent or guardian
signing the form. If there is no insurance or responsible party other than the parent signing the
form, then the parent or guardian signing the form should be listed as the responsible party.
7.     Medical Care Contacts. Medical care contact listings should be only people who can
be reached by phone because the purpose of section is to identify who can pick up the child
when necessary.
8.      Health Insurance Cards. Do not use previous copies of health cards. Require the
current health insurance card for each trip, checking to make sure the child's name is on the
card and that the doctor's name on the card is the same as shown on the permission and
medical release form.
9.      Additional Information. Use a second copy of the Form for any information that will
not fit on the initial form. For instance, you should allow the listing of more than two people
for emergency contact when provided.
10.    Release of Child. Custody of the Child should not be released to the Responsible
Party unless that person has also been listed as a medical care contact. Also, if the parent or
guardian signing the form provides you with a Court Order specifically prohibiting a parent

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(whether relatives or other people) from having contact with the Child, you should make a
special note of this situation, copy the court order and inform staff not to voluntarily release
the Child to such people. If the Court order is not clear or the person listed in the Court Order
is also listed as a Medical Care Contact, you should obtain review by the City Attorney's
Office.




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                             April 27, 1999
                  ADMINISTRATIVE INSTRUCTION NO. 8-16


SUBJECT: Guidelines for Neighborhoods to be Declared Crime
         Prevention Through Environmental Design (CPTED)
         Neighborhoods
Background:
In 1996 the City Council declared 10 neighborhoods to be Crime Prevention Through
Environmental Design (CPTED) neighborhoods (La Mesa, Trumbull, Kirtland, Los Duranes,
West Old Town, Santa Barbara, Martineztown, San Jose and South Broadway). Later,
Alamosa and Lavaland neighborhoods were added to the list of neighborhoods eligible for
CPTED improvements. Since that time, several other neighborhoods have requested that they
be declared CPTED neighborhoods.
Policy:
A CPTED project can be requested by a neighborhood association through the Chief of Police
and the Director of the Department of Family and Community Services. If the neighborhood
has a higher than average crime rate for Part II crimes and the Chief of Police and the Director
of the Department of Family and Community Services deem that CPTED improvements will
impact the crime rate and there is a source of funding to pay for the improvements, they will
forward the request to the Chief Administrative Officer for approval.
Lawrence                                                                                    Rael
Chief Administrative Officer
Date: 4/28/99




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                          November 3, 1999
                 ADMINISTRATIVE INSTRUCTION NO. 8-17


SUBJECT: Adoption of Rules and Regulations for Family Housing
         Development Program
The Family Housing Development (FHD) Program was adopted by Council Bill No. O-30,
Enactment 34-1998, known as the Family Housing Development Ordinance. Council Bill No.
O-29, Enactment 15-1999, is a text amendment to the Zone Code that provides for the density
bonus, which is prescribed in the Family Housing Development Ordinance Section 5,
Paragraph E(1). Rules and Regulations were promulgated pursuant to Section 5, Paragraph F
of the Family Housing Development Ordinance. These Rules and Regulations describe: 1)
incentives to be offered to developers and builders to encourage them to build homes which
are affordable to individuals and families who are 80% or less of median family income,
along with market rate homes in mixed-income housing developments; 2) requirements of
developers/builders and home buyers under the FHD Program; and 3) how the FHD Program
is to be operated.
These Family Housing Development Program Rules and Regulations were approved by the
Affordable Housing Committee on September 21, 1999. This Administrative Instruction
authorizes implementation of the Family Housing Development Program and establishes these
Rules and Regulations to govern implementation of the Program.
Lawrence                                                                                 Rael
Chief Administrative Officer
Date: 11/3/99




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                            April 24, 2000
                 ADMINISTRATIVE INSTRUCTION NO. 8-18


SUBJECT: Establishment of the Development Process Manual
Purpose:
Volume 1. Procedures and Volume 2. Design Criteria of the Development Process Manual,
dated March, 1982, as prepared by the Municipal Development Department, implemented
June 14, 1982, and updated by the City Planning Department in July, 1997. City agencies
shall make arrangements to ensure the use and adherence to the procedures and criteria
contained in the manual.
The Director's of the City Planning Department and the Public Works Department have the
authority and responsibility to:
1.      Solicit input from the public and other interested parties regarding land development
        matters.
2.     Receive and maintain records of suggested changes and recommendations for change
       to the DPM from the public and other interested parties.
3.     Review suggested changes and recommendations to the DPM to determine appropriate
       action. Prepare and implement any approved revisions or additions deemed necessary.
4.     Coordinate with the DPM Steering Group and Subcommittees using the prescribed
       forum to review, coordinate and propose the implementation of substantive changes to
       the DPM. Those issues, which require the approval of the Environmental Planning
       Commission and the City Council, will be submitted by the Administration to those
       bodies.
5.     Make the necessary arrangements to sell and distribute the DPM.
Lawrence Rael
Chief Administrative Officer




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                            August 9, 2000
                  ADMINISTRATIVE INSTRUCTION NO. 8-19


SUBJECT: Guidelines for Media Monitoring of 800 MHz Transmissions
The City of Albuquerque agrees to provide the media with access to information available
over the 800 MHz communications system. However, at no time shall access to information
which could result in compromising the safety of City of Albuquerque personnel or the
efficient delivery of City services, be granted. In order to obtain access to any 800 MHz
channel, members of the media must submit their requests, in writing, to the Chief
Administrative Officer, stating the specific channel(s) for which they desire access. In order to
be considered for access, members of the media must agree to:
1.      purchase and maintain their own FCC accepted equipment; and
2.      agree to never key up (talk) on any frequency.
The Director of the affected City of Albuquerque department and the Radio Communications
Manager shall submit their recommendations of approval or denial to the Chief
Administrative Officer for final determination of access to the system.
Media equipment will be programmed once, free of charge, by the City of Albuquerque Radio
Communications Shop. All reprogramming services must be performed by the City of
Albuquerque Radio Communications Shop. Costs, fees and charges shall be identical to those
charged to City of Albuquerque departments.
When technical problems or violations to this instruction arise, the Radio Communications
Manager may suspend access to the 800 MHz system. Access will be restored as soon as the
problem is resolved. The City of Albuquerque reserves the right to terminate access to the 800
MHz system. Termination must be deemed to be in the best interest of the City by the Chief
Administrative Officer.
Lawrence Rael
Chief Administrative Officer
Date: 8-9-00




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         October 25, 2001 Administrative Instruction No. 8-20-1


Subject:       Parking in City-Owned Lots, Persons With Disabilities,
               Requirements for Employees
State Law (PASSENGER MOTOR VEHICLE OF DISABLED PERSON - PARKING,
SECTION 3-51-46 NMSA 1978) requires the City to provide free parking on city-owned or
operated property where parking is allowed to persons with disabilities properly displayed
current special plates or parking placards.
Persons with disabilities displaying special registration plates or parking placards issued by
the New Mexico Motor Vehicle Department pursuant to SPECIAL REGISTRATION
PLATES; DISABLED PERSON; PARKING PLACARDS, SECTION 66-3-16 NMSA 1978
shall be permitted to park at city-owned or operated parking facilities without payment of
regularly charged parking fees.
Persons with disabilities who are employees of the City of Albuquerque who wish to park at
no cost in parking facilities owned by the City of Albuquerque must provide documentation to
the manager of the Parking Division that the special registration plate or parking placard has
been issued to the employee driver or employee passenger of the vehicle. Valid
documentation shall be deemed to include a current registration for the license plate or current
"Placard Holder Identification Card" which was issued with the placard. The City reserves the
right to reasonable designate which parking space or facility will be used by the individual
employee. This Administra ',, - Instruction is effective October 25, 2001.
Lawrence Rael /s/
Lawrence Rael, Chief Administrative Officer




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   November 20, 2001 ADMINISTRATIVE INSTRUCTION NO. 8-21-1


SUBJECT: City of Albuquerque Gain Sharing Program
PURPOSE
The City of Albuquerque has a vital and ongoing interest in seeking ways to improve the
effectiveness and efficiency of the many services it delivers to its customers. One such way is
believed to be through the establishment of a gain sharing program. It is intended that such a
program will act as a powerful incentive that will unleash the entrepreneurial spirit of public
employees and thereby strengthen an organizational culture already committed to continuous
and measurable improvement in service quality.
This Administrative Instruction establishes the City of Albuquerque Gain Sharing Program as
called for in City Council Resolution 01-319 and sets out a-process to review and assess Gain
Sharing Plans against strict criteria before being recommended for approval. The Gain
Sharing Program shall encourage, whenever possible, inter-agency cooperation in support of
the City's Five-Year Goals. The Gain Sharing Plans generated by this program will require
benchmarking and performance metrics. In no case will a reduction in service to the
community or internal customer be a justification for a reward.
PROCEDURE
In order to ensure a fair and consistent evaluation of Gain Sharing Plans and their results, a
Continuous Improvement Group (CIG) is established. The CIG will be responsible to review
and assess all gain sharing proposals. The CIG will recommend to the Chief Administrative
Officer those plans that meet all the criteria for acceptance. The CIG shall be composed of the
following members:
       2 members appointed by the Chief Administrative Officer with knowledge of "quality"
       principles
       1 member from the Office of Management and Operations Improvement
       1 Budget Analyst assigned by the Budget Officer
       1 member from the Human Resources Department
The Continuous Improvement Group will meet once a month to review proposals. All
proposals will be submitted two (2) weeks prior to established meeting dates. The submittal
will consist of one original and five copies.
Upon completion of the proposal review, the CIG shall make one of four recommendations:
       1. Approval of Gain Sharing Plan.


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       2. Request to the Gain Sharing Group for further information.
       3. Request to the Gain Sharing Group for interview at next meeting date.
       4. Non-approval of Gain Sharing Plan with justification.
GAIN SHARING PLAN CRITERIA
In order to receive consideration, a Gain Sharing Plan shall meet the following criteria:
       a.      Proposal is submitted in writing; the scope of the improvement plan is clearly
defined, including the Desired Community Condition, which it ultimately addresses.
      b.       Targeted results of the plan are clearly defined, including upper and lower
boundaries.
       c.     Proposal identifies as its objective one or all of the following: cost reduction,
revenue recovery, improved service.
        d.     Collateral impacts of the improvement plan on other departments and agencies
shall be considered and reported.
       e.      Implementation costs are defined.
       f.      Initial proposal shall not include additional operating cost requirements.
       g.      Time-line for targeted results is provided.
       h.      Accurate, documented benchmarks are provided.
       i.     Metrics of costs and quality of service and/or process, including benchmarks,
are provided.
       j.      Reward disbursement plan is provided.
       k.      Three disbursement areas are addressed
               - 50% of savings will be returned to fiend balance (fixed)
               - 25% to employees (negotiable)
               - 25% to Continuous Improvement Fund (negotiable)
        l.   Structured employee involvement is a component of the proposal; at least 75%
of the members of proposed gain sharing workgroup must sign off on the proposal.
      m.     Must be initially reviewed by the Division Manager and approved by
Department Director.




ESTABLISHMENT OF CONTINUOUS IMPROVEMENT FUND (CIF)


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A Continuous Improvement Fund (CIF), approved by the City Council, will be established to
receive operating transfers of realized savings from each approved Gain Sharing Plan. A
record will be kept of each Gain Sharing Plan's contribution. That contribution will be
available for appropriated reinvestment in training, equipment replacement, tools, new
equipment for productivity increase, etc. If the original performance metrics are meet, then the
contributions to the CIF will continue for a maximum of two additional years.
Continuing Gain Sharing Plans shall not be penalized for utilizing Continuous Improvement
Funds (CIF) in the gain sharing return.
All employee disbursements awards will be equal, not a percentage of salary.
Lawrence Rael /s/
Lawrence Rael, Chief Administrative Officer




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         April 9, 2004 ADMINISTRATIVE INSTRUCTION NO. 8-22


SUBJECT: Design and Location Guidelines for Off-Leash Dog Exercise
         Areas
Design Guidelines for Off-Leash Dog Exercise Areas are to provide designated spaces for pet
owners, maximize the experience for visitors, avoid undesirable landscape changes, and
maintain the overall visual beauty of the area. The guidelines include but are not limited to the
following:

1.     Off-Leash Dog Exercise Areas shall meet the existing requirements set forth in the
Development Process Manual of the City of Albuquerque, City of Albuquerque Specifications
for Public Works Construction, Park Design Guidelines 2003, and other City policies and
ordinances.

2.       Off-Leash Dog Exercise Areas can be part of an existing park or a stand-alone site.
Designated Off-Leash Dog Exercise Areas should be sized in consideration of the total park
size, site features, and other programmed activities.

3.     Where Off-Leash Dog Exercise Areas are part of an existing park, the area should be
located on undeveloped land within that park. If such land is not available, developed land
may be used if existing activities are not displaced.

4.     Preferably, amenities for Off-Leash Dog Exercise Areas should include seating, shade,
a communications board, fencing designed appropriate to the surrounding built environment,
ground cover that does not scuff paws and can withstand high traffic, an entry transition pen,
and appropriate parking that is accessible under the standards established in the Americans
with Disabilities Act. If the City determines it is appropriate, security lighting and a water
source may be included in the design of the park.

5.       A Public Input Committee of citizens and staff shall be formed. The Committee shall
be chaired by City staff and will be comprised of appropriate City staff, a representative from
the Metropolitan Parks and Recreation Advisory Board, a member of the dog exercise
community and a resident/owner whose property adjoins the facility and an appointee from
the Neighborhood Association whose boundaries include the park. Using the list of identified
sites, the Administration shall gather public input on the use of these sites and other locations
the Administration considers appropriate for Off-Leash Dog Exercise Areas. Potential sites
for Off-Leash Dog Exercise Areas shall not displace current activities within parks and should
be located throughout the City to provide reasonable distribution for this activity. The
Committee, at its discretion, may conduct further Technical Analysis regarding the
appropriateness of these sites for such a use. The Administration shall communicate to the


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City Council by December 31st 2004, a list of at least 6 designated Off-Leash Dog Exercise
Areas that the Committee recommended as eligible for development. If, during the public
input process and further technical analysis a site or sites are determined inappropriate for use
as an Off-Leash Dog Exercise Area and the Administration is unable to submit a list of at least
6 sites by December 31st, the Administration shall submit to the City Council a list of those
sites that are eligible and include in its report the reasons for determining why certain sites
were not eligible for this use. The Committee shall proceed to identify alternative sites by
June 15th, 2005.

6.      Once an Off-Leash Dog Exercise Area is developed, either the neighborhood
association(s) whose boundaries include the park or the users of the facility may establish a
sponsor group for the Off-Leash Dog Exercise Area. The Group shall operate under the same
regulations as the City of Albuquerque Adopt a Park Program, through the Department of
Parks and Recreation, Park Management Division.



Jay J. Czar /s/________________________
Jay J. Czar                       Date
Chief Administrative Officer




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              Retention and Disposition Schedules


Retention and Disposition Schedule for General Personnel Records
                                           January 1992
                                     LEGAL DEPARTMENT
                                     CITY CLERK'S OFFICE
                              RECORDS MANAGEMENT SECTION
                                        INTRODUCTION
        The retention periods listed in this City of Albuquerque Retention and Disposition
Schedule for General Personnel Records supercede all previously issued retention periods for
the records listed.
        This schedule is based on State Record Center Rule No. 81-4 as amended to meet the
specific needs of the City of Albuquerque. Each retention period sets the minimum period of
time a record must legally be maintained, however:
        1.       Specific federal or contract requirements may require a record to be
maintained for a longer period of time than specified in this schedule. If this is the case,
the specific federal or contract requirements should be followed as long as the retention
periods are longer and not shorter than the retention periods specified by this schedule.
        2.       Departments should not maintain more than the single copy of a personnel
record that is listed for them in this schedule. Additional copies should be considered
working copies and destroyed at the earliest possible time.
        3.       Retention periods shall be extended until all current litigation, current
claims or audit exceptions involving a record have been resolved or concluded.
Item         Description                                         Retention Period
P-1.       PERSONNEL FOLDERS:
           Alphabetical by employee; can include but are
           not limited to Personnel Action Requests, Salary
           Adjustment Notices, Employee Payroll Information
           Sheets, performance evaluations, correspondence
           (includes disciplinary actions, commendations,
           recommendations, etc.).general (includes applications,
           job descriptions, test grades, certificates, resumes,
           transcripts, disclaimers, etc.).

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           A. Other Department copy.                        3 years after employee
                                                            transferred, terminated or retired
           B. Personnel Department copy.                    55 years after employee
                                                            terminated or retired
P-2.       REJECTED APPLICATIONS:                           3 years after date rejected
           May include updates.
           NOTE: Police and Fire Cadet
           applications to be held for
           10 years after date rejected.
P-3.       BACKGROUND INVESTIGATION RECORDS:
           Can include but are not limited to application,
           investigation, final report, etc.
           A. Hired employees.                             3 years after employee terminated
                                                           or retired
           B. Individuals not hired.                       3 years after investigation
P-5.       LEAVE RECORDS:                                  3 years after close of calendar
year in which created
           Can include but are not
           limited to application
           for leave (P-30), Employee
           Absence Record (P-29),
           sick and vacation balances/
           used, sick leave reports, etc.
P-7.       INSURANCE RECORDS:                              3 years after employee no longer
insured
           Includes deduction authorization,
           request for change,
           waiver, cancellations,
           claim information,
           reconciliation, etc.
P-8. MISCELLANEOUS DEDUCTION/                              3 years after deduction date
        EARNINGS RECORDS:
           Can include but are not limited to records
           relative to longevity updates, mass pay updates,
           request for longevity adjustment/cancellation,
           credit union, savings bonds, prepaid Legal
           Services, United Way, garnishment, etc.
P-10.      LIST OF ELIGIBLES (BID LIST):                    3 years after date issued
           Lists applicants in order
           of score, shows name, address,
           phone numbers, SSN, other
           pertinent information, and
           department comments, etc.
P-11.      PROMOTIONAL AND/OR                               3 years after date issued
           TRANSFER OPPORTUNITY NOTICES
           (INTERNAL JOB CIRCULARS):

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           Can show position title, range, salary, location,
           supervisor, qualifications, deadline, etc.
P-12.      EMPLOYEE NUMBER LOGS                              Until superceded by new listing
           (JOB CODE LISTING):
           Can show number, name, date hired, etc.
P-13.      EMPLOYEE LISTING (PERSONNEL ROSTER):
           Can list name, number, position, location, hire date,
           salary, etc.
           A. Other Department copy.                         Until new listing is issued
           B. Personnel Department copy.                     10 years after date issued
P-14.      CONTROL LOGS OF                                   Until all actions are completed
           PERSONNEL ACTIONS:
           Include logs for controlling each step
           from initiation through completion of action.
P-16.      JOB DESCRIPTIONS:
           Shows job title, definition, supervision and guidelines,
           examples of work performed, distinguishing characteristics,
           minimum qualifications, working conditions.
           A. Other Department copy.                         Until new job description is issued
           B. Personnel Department copy.                     10 years after job description is
                                                             replaced
P-17.      JOB DESCRIPTION QUESTIONNAIRE:
           Shows department, position, number, current
           and proposed classification, name of incumbent
           and supervisor, Personnel Department
           signature, description of work performed, etc.
           A. Other Department copy.                         Until purpose is served
                                                              (Gen. Admin. Sch. Item A-3)
           B. Personnel Department copy.
             NOTE: Filed in Classification/
             Reclassification
             Study file (Item P-19).
P-19.      CLASSIFICATION STUDY FILES:
           Special studies for proposed
           classifications/reclassification/
           organizational reviews;
           can include but not limited
           to job descriptions/questionnaires,
           task statements, methodology,
           description of study, salary surveys,
           relative correspondence, etc.
           A. Other Department copy.                         3 years after created
           B. Personnel Department copy.                     10 years after study is superceded
P-21.      POSITION CHANGE REQUEST (B-3):
           Shows type and identification
           of proposed change, department


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           identification, approved or
           disapproved signature for
           Personnel Office and Finance
           Department.
           A. Approved request.
             1. Finance Department copy.              5 years after close of fiscal year in
                                                      which created
             2. Data entry copy.                      Until entered and verified
             3. Other Department copy.                3 years after date issued
             4. Personnel Department copy.            10 years after date replaced
           B. Disapproved request.
             1. Department copy.                      3 years after date issued
             2. Personnel Department copy.            3 years after date issued
P-22.      LIST OF APPROVED JOB
           SPECIFICATIONS (MASTER
           JOB CODE UPDATE):
           Shows specification number,
           range, abbreviated title, full title.
           A. Other Department copy.                  Until new list is issued
           B. Personnel Department copy.              10 years after replaced
P-23.      NOTICE OF CHANGE OF
           JOB SPECIFICATIONS:
           Shows manifest number,
           effective date, present
           class title and specification number,
           nature of action, etc.
           A. Other Department copy.                  Until new list is issued
           B. Personnel Department copy.              10 years after replaced
P-24.      PERSONNEL DEPARTMENT
           RULES & REGULATIONS:
           A. Other Department copy.                  Until rescinded
           B. Personnel Department copy.              Permanent
P-25.      EQUAL EMPLOYMENT OPPORTUNITY/              Permanent
           AFFIRMATIVE ACTION PLANS,
           ANNUAL:
           Required annually by state
           and federal law, these are
           department assessments of
           internal employment
           practices with specific
           policies and procedures
           designed to eliminate the
           effects of institutional
           discrimination.
P-26.      AGENCY EEO STATISTICS,
           ANNUAL PRINTOUTS:


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           Reports provided for use
           in preparing Affirmative
           Action Plans; they include
           but are not limited to
           Minority Actions Report,
           Minority Groups Report, EEO
           Profile of Employee Job
           Categories, etc.
           A. Other Department copy.                  Until Affirmative Action Plan
                                                      (Item P-25.) has been issued
           B. Preparing office copy.                  Permanent
P-27.      GRIEVANCE/COMPLAINT FILES:                 1 year after date closed
           Can contain but are not
           limited to complaint/
           grievance, correspondence,
           summary of hearing, exhibits,
           committee decisions,
           transcripts, resolutions,
           depositions, etc.
           NOTE: Some grievance/complaints
           forwarded to Hearing Officer,
           Personnel Board, and/or Legal.
P-28.      EDUCATION/TRAINING FILES:                  3 years after course conducted
           Can contain but are not
           limited to material relative
           to education or training,
           test booklets, answer
           sheets, lists of attending
           employees, course brochures,
           synopsis, copies of
           contracts, relative
           correspondence, etc.
P-29.      TEST FILES
           (EMPLOYMENT/PROMOTIONAL):
           May include Answer Sheets,
           Scores, etc.
           A. Rejected Applicant                      3 years after close of calendar
year in which created
            (other than Police or Fire).
           B. Hired Employee
            (other than Police or Fire).
             NOTE: Filed in Personnel
             Folder (Item P-1, B).
           C. Applicants for Police or Fire.          15 years after close of calendar
year in which created
P-30.      TESTING MATERIALS/BOOKLETS,                15 years after superceded by new


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testing material/
           ETC.:                                           booklets
P-31.      REQUEST FOR OUTSIDE
           EMPLOYMENT: (P-100810)
           Shows name, SSN, department,
           job title, description of
           outside job duties, name/address
           of outside firm or employer,
           signatures, etc.
           A. Other Department copy.
                NOTE: filed in Personnel
                Folder (Item P-1, A).
           B. Risk Management Department copy.             3 years after employee terminates
           C. City Clerk's Office copy.                    2 years after close of calendar
                                                           year in which filed
           D. Personnel Department copy.
                NOTE: filed in Personnel
                Folder (Item P-1, B).
P-32.      PAY PLANS:
           Shows type of group
           covered, effective
           dates, steps, grades and
           rates, authorizing
           signatures.
           A. Other Department copy.                       Until superceded by new plan
           B. Personnel Department copy.                   10 years after date superceded


                      Retention and Disposition Schedule
                         for General Financial Records
                                                 January 1992
                                          LEGAL DEPARTMENT
                                          CITY CLERK'S OFFICE
                                  RECORDS MANAGEMENT SECTION
                                              INTRODUCTION
        The retention periods listed in this City of Albuquerque Retention and Disposition
Schedule for General Financial Records supercede all previously issued retention periods for
the records listed.
        This schedule is based on State Record Center Rule No. 79-8 as amended to meet the
specific needs of the City of Albuquerque. Each retention period sets the minimum period of
time a record must legally be maintained, however:
        1.      Specific federal or contract requirements may require a record to be
maintained for a longer period of time than specified in this schedule. If this is the case,
the specific federal or contract requirements should be followed as long as the retention
periods are longer and not shorter than the retention periods specified by this schedule.

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Administrative Instructions


        2.       This schedule uses the term "fiscal year". In all cases this refers to the City of
Albuquerque's fiscal year and not the Federal Government's fiscal year. Likewise, "Until
Audit Report Released" refers to the annual audit report required by law and released by the
New Mexico State Auditor's Office.
        3.       Departments should not maintain more than the single copy of a financial
record that is listed for them in this schedule. Additional copies should be considered
working copies and destroyed at the earliest possible time.
        4.       Retention periods shall be extended until all current litigation, current
claims or audit exceptions involving a record have been resolved or concluded.

                                    BUDGET RECORDS
Item         Description                                       Retention Period
F-1.       BUDGET WORK PAPERS:                                 3 years after close of fiscal year in
which created
           Work papers used in preparing
           the Appropriations Request
           and Operating Budget
F-2.       APPROPRIATIONS REQUEST
           AND OPERATING BUDGET:
           Final draft of proposed
           budget and Final Budget as
           approved.
           A. Other Department                                 1 year after approval of Operating
Budget
              suspense copy of
              Appropriations Request.
           B. Other Department copy                            3 years after close of fiscal year in
which created
              of Appropriations
              Resolution and approved
              Operating Budget.
           C. Finance Department                               1 year after approval of Operating
Budget
              suspense copy of
              Appropriations Request.
           D. Finance Department copy                          3 years after close of fiscal year in
which created
              of Appropriations
              Resolution and approved
              Operating Budget
              legislative analysis,
              recommendations and
              difference sheets.
F-3.       BUDGET ADJUSTMENT REQUESTS:
           Standard form for the revision of an approved

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           Operating Budget detailing money amounts by
            line item with explanation and justification.
           A. Other Department suspense copy.             Until action completed
           B. Other Department disapproved copy.          3 years after close of fiscal year in
                                                          which created
           C. Approved Other Department copy.             3 years after close of fiscal year in
                                                          which created
           D. Approved Finance Department copy.           3 years after close of fiscal year in
                                                          which created (filed in item F-2D)
F-4.       SPECIAL CAPITAL PROJECT REQUESTS:
           Final draft on current year capital projects.
           A. Other Department copy.
               1. Funded projects.                        1 year after completion of project
               2. Unfunded projects.                      1 year after close of fiscal year in
                                                          which created
           B. Finance Department copy.
               1. Funded projects.                        6 years after lapse of warranty
               2. Unfunded projects.                      1 year after close of fiscal year in
                                                          which created
F-5.       MONTHLY BUDGET STATUS REPORT
           Generated by Finance Department,
           lists approved budget by category
           and line item. Shows budget
           adjustments, amounts expended,
           encumbrances outstanding,
           unencumbered balance, etc.
           A. Other Department copy.                      2 years after close of fiscal year in
                                                          which created
           B. Finance Department copy.                    3 years after close of fiscal year in
                                                          which created
F-6.       MONTHLY REVENUE STATUS REPORT:
           Generated by Finance Department,
           lists recap of budget adjustments
           by category and line item, shows
           original revenue estimate,
           adjusted revenue estimate, actual
           revenue year-to-date, unrealized
           revenue, current month revenues, etc.
           A. Other Department copy.                      2 years after close of fiscal year in
                                                          which created
           B. Finance Department copy.                    3 years after close of fiscal year in
                                                          which created

                                 REVENUE RECORDS
Item        Description                                     Retention Period


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F-20.      ASSESSMENTS:                                   3 years after close of fiscal year in
which of the
            Department documents that                     Assessment is paid by statute to
fund government
            record and advise the payer                   operations.
            various levies imposed
F-21.      INVOICES:
           Department documents that
           record and advise the consumer
           of a charge for goods sold or
           services rendered by the
           government entity.
           A. Other Department copy.                      1 year after close of fiscal year in
                                                          which created
           B. Finance Department copy.                    3 years after close of fiscal year in
                                                          which invoice is paid
F-22.    RECEIPTS:                                        3 years after close of fiscal year in
which payment is
         Department documents that                        received
         record the receipt of any
         form of payment to the
         government entity.
F-23.    DEPOSIT SLIPS:
         Receipted deposit slips for
         the deposit of money by a
         department.
         A. Treasurer's Deposit Slips.
            1. Treasurer's copy.                          3 years after close of fiscal year in
                                                          which created
              2. Receipted Other Department copy.         2 years after close of fiscal year in
                                                          which created
           B. Bank Deposit Slips.                         3 years after close of fiscal year in
                                                          which deposit is made
F-24.      CASH REPORTS, DAILY PRINTOUT:
           Shows daily revenues deposited
           with Treasurer by department.
           A. Treasurer's copy.                           3 years after close of fiscal year in
                                                          which created
           B. Finance Department Copy.                    2 years after close of fiscal year in
                                                          which created
           C. Other Department copy.                      2 years after close of fiscal year in
                                                          which created
F-25.      REVENUE CONTRACTS AND GRANTS:
           Contracts and grants for      6 years after termination of
contract
           the receipt of monies


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           from other sources,
           includes but is not
           limited to Block Grants,
           Negotiated Grants, Etc.

                              EXPENDITURE RECORDS
Item         Description                                    Retention Period
F-40.      PURCHASE ORDERS:
           Standard Purchasing Office form for purchases.
           A. Other Department copy.                      3 years after close of fiscal year in
                                                          which created
           B. Purchasing Office copy.                     6 years after close of fiscal year in
                                                          which created
           C. Finance Department copy.                    6 years after close of fiscal year in
                                                          which created
F-42.      REQUISITIONS FOR PURCHASE:
           Standard Purchasing Office form for purchases.
           A. Other Department copy.                      3 years after close of fiscal year in
                                                          which created
           B. Purchasing Office copy.                     6 years after close of fiscal year in
                                                          which created
           C. Finance Department copy.                    6 years after close of fiscal year in
                                                          which created
F-43.      CONTRACTS:
           Includes Technical, Professional,
           Construction, Lease and Rental
           contracts let through bid by the
           Purchasing Office.
           A. Other Department copy.                      3 years after termination of
                                                          contract
           B. Purchasing Office copy.                     6 years after termination of
                                                          contract
           C. Finance Department copy.                    6 years after termination of
                                                          contract
F-44.      BIDS/RFPs:
           Bids or proposals received
           from vendors for purchases.
           A. Other Department copy.                      3 years after close of fiscal year in
                                                          which created
           B. Purchasing Office copy.                     6 years after close of fiscal year in
                                                          which created
F-45.      VENDOR INVOICES:
           A. Other Department copy.                      3 years after close of fiscal year in
                                                          which created
           B. Finance Department copy.                    6 years after close of fiscal year in

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                                                             which created
F-46.      VOUCHERS:
           (Partials; Requests for Disbursement;
           Petty Cash Vouchers; Travel Reimbursement)
             Standard form for payment or
             reimbursement of expenses
             other than payroll.
           A. Other Department copy.                         3 years after close of fiscal year in
                                                             which created
           B. Finance Department copy.                       6 years after close of fiscal year in
                                                             which created
F-47.      VOUCHERS FOR FIXED ASSETS:
           (Property Item Requisition)
           Vouchers issued to acquire fixed
           assets with a useful life of more
           than one year and having material
           value.
           A. Other Department copy.                         3 years after close of fiscal year in
                                                             which created
           B. Finance Department copy.                       6 years after close of fiscal year in
                                                             which created
F-49.      CHECKS:
           May include check register.
           A. Cancelled and/or voided.                       6 years after close of fiscal year in
                                                             which created
F-50.      TRAVEL AUTHORIZATIONS:
           In-state or out-of-state travel requests.
           A. Other Department copy.                         2 years after close of fiscal year in
                                                             which created
           B. Finance Department copy.                       6 years after close of fiscal year in
                                                             which created
F-51.      VEHICLE MAINTENANCE:
           Receipts for gasoline credit
           cards, maintenance, repairs, etc.
           A. Other Department copy.                         Until reconciled against Veh.
                                                             Info. System Report
           B. Fleet Management copy.                         3 years after close of fiscal year in
                                                             which created
           C. Finance Department copy                        6 years after close of fiscal year in
                                                             which created
F-53.      DETAILED LIST OF ENCUMBRANCES:
           Monthly printout showing
           encumbrances by line item,
           vendor, encumbrance number,
           and amount for previous
           months' activity.


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           A. Other Department copy.                    2 years after close of fiscal year in
                                                        which created
           B. Finance Department copy.                  3 years after close of fiscal year in
                                                        which created
F-54.      SUPPLEMENTARY ANALYSIS OF
           PRIOR YEAR ENCUMBRANCE:
           (Reappropriation Analysis)
           Printout showing year-to-date
           encumbrance activity.
           A. Other Department copy.                    2 years after close of fiscal year in
                                                        which created
           B. Finance Department copy.                  3 years after close of fiscal year in
                                                        which created
F-56.      CONTRACT IDENTIFICATION
           LISTING:                                     Until superceded by new listing
           List of Contracts showing
           contract number and contractor, etc.

                       EXPENDITURE RECORDS, PAYROLL
Item         Description                                Retention Period
F-80.      TIME SHEETS/CARDS:
           Bi-weekly sheets/cards showing
           time worked and/or other
           adjustments by employee,
           used for preparation of payroll.
           A. Other Department copy.                    Until reconciled to Payroll
                                                        Register
           B. Payroll Office copy.                      3 years after close of fiscal year in
                                                        which created
F-81.      TRIAL PAYROLL: (Pre Payroll)
           Bi-weekly printout showing
           projected employee payroll
           A. Other Department copy.                    Until reconciled to Payroll
                                                        Register
           B. Payroll Office copy.                      Until reconciled to Payroll
                                                        Register
F-82.      PAYROLL REGISTER:
           Bi-weekly printout showing
           employee payroll information.
           A. Other Department copy.       1 year after close of fiscal year in
                                           which created
           B. Payroll Office copy.         6 years after close of fiscal year in
                                           which created
F-83.      BI-WEEKLY LABOR DISTRIBUTION LISTING:
           Bi-weekly printout showing

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            employee payroll charges.
            A. Other Department copy.                  1 year after close of fiscal year in
                                                       which created
            B. Payroll Office copy.                    3 years after close of fiscal year in
                                                       which created
F-85        PAYROLL CHECKS:                            6 years after close of fiscal year in
                                                       which created

                            GENERAL FINANCIAL RECORDS
Item          Description                              Retention Period
F-100.      JOURNALS:                                  6 years after close of fiscal year in
                                                       which created
F-101.      LEDGERS,GENERAL:                           6 years after close of fiscal year in
                                                       which created
F-102.      MONTHLY FINANCIAL REPORTS:
            (TRANSACTION REGISTER)
            Journal which shows the
            opening cash balance, items
            adding to the balance in
            detail, and items decreasing
            the balance in detail.
            A. Other Department copy.                  2 years after close of fiscal year in
                                                       which created
            B. Finance Department copy.                3 years after close of fiscal year in
                                                       which created
F-105.      JOURNAL VOUCHERS: (Journal entry)
            Show date, account, department,
            activity, line codes, reference
            numbers, amounts, etc., used for
            adjusting accounts.
            A. Other Department copy.                  2 years after close of fiscal year in
                                                       which created
            B. Finance Department copy.                6 years after close of fiscal year in
                                                       which created
F-107.     BANK STATEMENTS:                            6 years after close of fiscal year in
which created
           Bank statements showing
           historical record of cash
           receipts and disbursements.
F-108.     INVENTORY OF FIXED ASSETS:
           A. Other Department copy.                   2 years after close of fiscal year in
                                                       which created
            B. Finance Department copy.                6 years after close of fiscal year in
                                                       which created
F-109.      AUDIT REPORTS: (External)

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           A. Finance Department copy.                      Permanent


   Retention and Disposition Schedule for General Administrative
                             Records
                                                  January 1992
                                           LEGAL DEPARTMENT
                                           CITY CLERK'S OFFICE
                                   RECORDS MANAGEMENT SECTION
                                               INTRODUCTION
         The retention periods listed in this City of Albuquerque Retention and Disposition
Schedule for General Administrative Records supercede all previously issued retention
periods for the records listed.
         This schedule is based on State Record Center Rule No. 82-23 as amended to meet the
specific needs of the City of Albuquerque. Each retention period sets the minimum period of
time a record must legally be maintained, however:
         1.      Specific federal or contract requirements may require a record to be
maintained for a longer period of time than specified in this schedule. If this is the case,
the specific federal or contract requirements should be followed as long as the retention
periods are longer and not shorter than the retention periods specified by this schedule.
         2.      Departments should not maintain more than the single copy of a record type
that is listed for them in this schedule. Additional copies should be considered working
copies and destroyed at the earliest possible time.
         3.      Retention periods shall be extended until all current litigation, current
claims or audit exceptions involving a record have been resolved or concluded.
Item           Description                                     Retention Period
A-1.       PRIMARY MISSION RECORDS:                       Permanent
           Files concerning, for example, the
           establishment of the City, its development
           and policies, its progress, operation
           summaries, organizational charts and plans for
           future development.
A-2.       CORRESPONDENCE:
           A. Elected and appointed officials.
           Correspondence and memorandums                 2 years after close of fiscal year in
                                                          which created
                                                          (Primary Mission Correspondence
                                                          see A-1).
           B. All other City personnel.
           Correspondence and memorandums.                2 years after close of fiscal year in
                                                          which created
A-3.       ROUTINE CONTROL RECORDS:                       Until purpose is served
           Documents used for program
           control or to facilitate


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Administrative Instructions


           work in progress. They
           include work sheets,
           routing slips, personal
           work papers, rough drafts,
           reading files, transcribed
           shorthand notes, tickler
           files, etc.
A-4.       MANUALS OF OFFICE PROCEDURES: Until issuance of new
procedure(s)
           Manuals prepared by departments for the
           guidance of public offices and/or for department
           employees.
A-5.       LEGISLATION: (Council Bills)
           Includes background
           information and Bill Analysis.
           A. Council copy.                                 Permanent
           B. City Clerk copy.                              Permanent
           C. Other Department copy.                        4 years from close of fiscal year in
                                                            which introduced
A-6.       REPORTS:
           A. Annual, Biennial and                          Permanent
           other periodic reports
           as required by law.
           B. Routine, interim or                           2 years after close of fiscal year in
which created
           progress reports.
A-7.       LEGAL OPINIONS AND REQUESTS FOR OPINIONS:
           A. Legal Department copy.                        Permanent
           B. Other Department copy.                        Until purpose is served
A-8.       MINUTES OF MEETINGS:                             Permanent
           Council, Boards, Commissions,
           Committees and other policy-making bodies.
A-9.       PUBLICITY, PROMOTION, PUBLIC                     4 years after close of fiscal year in
which created etc.,
           INFORMATION:                                     of elected and appointed officials.
           Includes press releases,
           speeches, biographies,
A-10.      MOVIE FILMS AND VIDEO TAPES:                     Until purpose is served
A-11.      PHOTOGRAPHS:                                     Until purpose is served
           Prints, negatives and color slides.
A-12.      ADMINISTRATIVE RULES:
           Rules, regulations, orders, standards,
           statements of policy, and amendments as issued
           or approved by Mayor/CAO.
           A. Mayor/CAO Department Copy.                    Permanent
           B. Other Department copy.                        Until superseded or rescinded


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A-13.     INTERGOVERNMENTAL                          6 years after termination of
agreement
          AGREEMENTS:
A-14.     DEEDS, PLATS, DRAWINGS, PLANS
          AND BLUEPRINTS:
          A. Records of public properties            Permanent
          owned and/or administered by the City.
          B. Site Reference Copies.                  Until purpose is served




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