An employee policy handbook that provides for 10 different types of leave routinely allows city of Española employees to stay home from work for months at a time while claiming full paychecks and benefits.
The handbook, approved by the City Council in July 2007, lets employees take annual leave, sick leave, jury and witness leave, military leave, bereavement leave, longevity leave, federal Family and Medical Act leave, leave without pay and 13 separate holidays.
Although two of those types of leave are unpaid, employees can still claim full paychecks by claiming sick or annual leave at the same time. When that runs out, an employee can receive additional leave donations from coworkers.
Employees accrue 2.4 weeks of annual leave a year, awarded every other week on a pro-rated basis, their first five years of employment and 3.6 weeks of leave a year after that. In city policies, annual leave is the equivalent of vacation time. All employees get 2.4 weeks of sick leave a year.
In addition, managers who work overtime can accumulate “compensatory time” in lieu of pay.
In at least one case, a city employee has been on paid leave for even longer than city policy allows.
Española Police officer Jeff B. Martinez has been on paid administrative leave since late last August, after State Police seized cell phones suspected of contain-
ing child pornography from his home Aug. 20. He has appealed a termination notice issued by the city Aug. 25.
Personnel policies state the city may put an employee on paid administrative leave for not more than six months “when it is determined to be in the best interests of the City pending the results of an investigation or other administrative proceeding.” Martinez has now been on paid leave seven months.
Albin confirmed Martinez continues to live in a mobile home on rent-free city property on Industrial Park Road.
Martinez is receiving a $39,249 salary plus benefits and accruing vacation and sick time while on leave, according to payroll records. He has accrued 51 hours of sick leave and 78 hours of vacation time since he was put on leave, according to payroll documents.
Albin said the city has kept Martinez on its payroll because it’s cheaper than risking a wrongful termination suit from him. On one hand, the investigation is out of the city’s hands and out of Martinez’s, and he has not been convicted or indicted for any crimes.
“But if he’s guilty, is it warranted that he be on leave with pay?” Albin said. “We’ve never run into this. The problem is if we were to fire him and he were later cleared, it would be more expensive to defend that suit.”
Mayor Joseph Maestas disagreed.
“We’ve got to stick with the policy,” he said. “If its says six months, it’s six months.”
Albin acknowledged the city’s leave policy may be out of control, and said she would like the Council to review it — especially the paid administrative leave policy — this summer. The Council did not make extensive changes to the city’s leave policies when it revised the handbook in 2007.
“At the same time, any change I try to make, I have three unions to deal with,” Albin said, referring to the city, police and firefighters’ unions.
Employee union President Joaquin Maestas said the city must bargain any policy changes that affect union employees. He said the union would oppose changes to the administrative leave policy.
“Believe me, we’re not giving that up,” he said. “Why would we?”
Joseph Maestas said first up for reform would be the compensatory time policy.
“There’s not enough of a supervisory process for it,” he said. “People just say, ‘I am taking comp time,’ and that’s it.”
Joaquin Maestas defended the policy, though he pointed out it only affects managers, not union employees.
“It would seem unfair to ascend to a position and have to work 80 hours a week and get nothing out of it,” he said.
The city’s policies match up to Taos’, human resources specialist John Thompson said. That town’s employees get one or two days less of leave a year than Española’s. A request for city of Santa Fe’s policies was not provided by Tuesday night.
At least six other employees are currently on leave or have recently returned from extended leave.
Eugene Rodella
Española Police officer Eugene Rodella has been on and off leave since last spring. His salary is $35,672 a year.
Rodella was placed on paid administrative leave March 24, 2008, after his wife reported a domestic violence incident that allegedly occurred between the two Feb. 23. He was later allowed to returned to work, though he was confined exclusively to handling paperwork at the Department. He took two weeks of unpaid military leave starting March 7 of this year to report for National Guard duty, according to payroll records.
The state Law Enforcement Academy Board reviewed Rodella’s case March 26. The Board revoked his law enforcement certification for 30 days and gave him one year of probation (see related story on page A1). He has been suspended without pay for that time, Albin said.
Larry Ham
Deputy Police Chief Larry Ham took his first day out of a three-month leave March 27. Ham requested to take 12 weeks — the maximum allowed — under the federal Family and Medical Leave Act to care of his ill mother, Albin confirmed.
The Act entitles eligible employees to take up three months of leave to care for a relative or recover from illness or surgery. The leave is unpaid and technically only entitles employees to keep their job during the 12 weeks of leave. However, city policies allow employees to receive pay during that time by using sick and annual leave.
Ham has accrued 158 hours of vacation time, 55 hours of sick leave and 37 hours of compensatory time during his year and a half of employment with the city. That is enough for him to claim full pay during six of his weeks on leave. He earns a $51,500 salary.
Ham has told the city he plans to retire after the 12 weeks. The city started advertising March 26 for a new deputy chief.
Josie Lujan
Finance Manager Josie Lujan took 13 weeks of leave for back surgery starting late November. Lujan took the maximum of 12 weeks of leave allowed under the Act and then requested an additional week for recovery, she said.
Lujan had been working part-time at least since August due to her back condition, according to payroll documents. She continues to work part-time — six hours a day — since she returned to work March 9.
Albin considered firing Lujan earlier this month for not being able to work full time, then allowed Lujan to stay after she stated in writing she could fulfill all her duties within a six-hour workday.
Lujan received full paychecks during her absence and even while working part time by using sick leave and vacation and compensatory time. Lujan makes $52,249 a year. She has received leave donations from other employees, and currently has enough leave time banked to continue working part time at full pay for roughly 10 months, according to payroll records.
Carmen Vigil
Recreation clerk Carmen Vigil is currently on paid administrative, Albin confirmed. She earns a salary of $19,198.
Recreation Director Maria Sandoval served Vigil with a notice of contemplated termination for violating the city’s drug policy, Albin said. The penalty for violating the drug policy is termination unless the employee voluntarily reports a substance abuse problem.
The city will determine by Wednesday (1/4) whether she will keep her job, Cata said.
Vigil did not return calls to her home.
Cesar Vargas
Vargas, an Española firefighter, was put on paid administrative leave following an Oct. 30, 2008, incident in which in which Española Police wrestled a pistol away from him after he made suicidal threats.
Vargas was sentenced in Rio Arriba County Magistrate Court to one year of probation in December after pleading no contest to one misdemeanor count of resisting or evading an officer. He will remain on leave until a doctor certifies he has completed treatment and is fit to return to work, Albin said. He continues to collect his $34,790 salary, according to payroll records.
Mel Duran
Duran, an equipment operator for the Streets Department, has been on leave since at least since last summer, Albin said.
Human Resouces Director Jeanie Brito said she plans to ask acting city attorney Paula Maynes how to handle Duran’s case.
“We don’t want to knock him when he’s down,” Brito said. “But we need to look into the legal aspects of his situation.”
Duran has used all his accrued leave, but through leave donations from other employees, he continues to receiving payments for 10 hours a week of work — the bare minimum needed to pay his medical insurance premiums, payroll records show. Duran earned $25,605 before going on leave.
Feliciana Romero
Brito confirmed Española Municipal Court clerk Feliciana Romero has been on unpaid leave since late February, when she had a baby. Romero is due to return May 18.