Biennial Affirmations

Any local board approved pursuant to Subsection A above, shall submit the affirmation required by Subsection D of Section 10 of the Act between November 1, and December 31 of each odd numbered year. Affirmations shall be filed with the board in accordance with NMAC 11.21.1.10 and shall substantially conform with the form created for that purpose and posted on the board’s website. [11.21.5.8 NMAC - N, 3/15/2004; A, 7/1/2020; A, 8/9/2022] 11.21.5.9 [RESERVED] [11.21.5.9 NMAC - N, 3/15/2004; Rn, 11.21.5.13 NMAC & A, 2/28/2005; A, 7/1/2020; Repealed 8/9/2022] 11.21.5.10 CONTENTS OF APPLICATION FOR VARIANCE FROM BOARD APPROVED ORDINANCE, RESOLUTION, OR CHARTER AMENDMENT: A. In certain instances variances from the board approved ordinance, resolution or charter amendment may be required by the unique facts and circumstances of the relevant local public employer, to effectuate the purposes of the Act. B. In such instances, an application for approval shall be submitted to the PELRB which specifies the particular facts and circumstances requiring such variance, and inform the board of any exclusive representing employees of the local public employer, and any other labor organizations believed by the public employer to be involved in attempting to organize any local public employees. C. Upon receipt of an application for approval seeking variance from a board approved ordinance, resolution or charter amendment, the director shall hold a status conference with the local public employer or its representative and any identified interested labor organizations, to determine the issues and set a hearing date. Upon setting a hearing, the director shall cause notice of the hearing to be issued in accordance with Subsection B of 11.21.1.16 NMAC of these rules. In the event that the board determines that such variance is warranted, and the resolution, ordinance or charter amendment otherwise conforms to the requirements of the Act and these rules, it shall authorize the director to proceed in processing the application pursuant to these rules.