Misconduct Reporting

10.29.1.11             GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION OF POLICE OFFICER OR TELECOMMUNICATOR CERTIFICATION; REPORTING REQUIREMENTS:

1. Authority:  In accordance with the provisions of the Law Enforcement Training Act, Section 29-7-13 NMSA 1978, (Repl. Pamp. 1994), the director may seek to deny, suspend or revoke a police officer’s or telecommunicator’s certification, if after investigation and consultation with the employing agency, it is determined that the individual has failed to comply with the provisions of the Law Enforcement Training Act or board regulations concerning qualifications for certification in the state of New Mexico.
2. Arrest or indictment on felony charges; summary suspension:

(1)           The director upon being notified that a certified police officer or telecommunicator has been arrested or indicted on any felony charge(s) shall immediately notify the individual of the intent to suspend the certification.  The procedures set forth in 10.29.1.12 NMAC shall not apply to the immediate suspension.  Notice of the immediate suspension shall be served on the officer or telecommunicator.  Upon service of the notice, the individual shall have 15 days to request to be heard at the next meeting of the board.  At the meeting, the individual may present evidence, witnesses and argument as to why their certification should not be suspended.  The board may deliberate and shall issue a decision on the suspension at the meeting.

(2)           The director upon being notified that a police officer or telecommunicator has been convicted on any felony charge(s) shall initiate the disciplinary process pursuant to 10.29.1.12 NMAC.

1. Grounds for discipline of a police officer:  The following conduct may constitute grounds for denial, suspension or revocation of certification of a police officer under this rule:

(1)           subsequent conviction, entry of plea of guilty or entry of plea of nolo contendere to any felony charge;

(2)           subsequent conviction, entry of plea of guilty or entry of plea of nolo contendere to any violation of any federal or state law or local ordinance relating to aggravated assault, theft, driving while intoxicated, controlled substances, or other crime involving moral turpitude;

(3)           making false statements or giving any false information to the academy in connection with an application for admission/certification;

(4)           committing acts which indicate a lack of good moral character, or which constitute dishonesty or fraud, and which adversely affects an officers’ ability to exercise the duties of a police officer;

(5)           committing acts of violence or brutality which indicate that the officer has abused the authority granted to him or her as a commissioned police officer in the state of New Mexico; or

(6)           having committed acts which would be grounds for denial of application for admission under 10.29.1.10 NMAC.

1. Grounds for discipline of a telecommunicator:  The following conduct may constitute grounds for denial, suspension or revocation of certification of a certified telecommunicator under this rule:

(1)           subsequent conviction, entry of plea of guilty or entry of plea of nolo contendere to any felony charge;

(2)           subsequent conviction, entry of plea of guilty or entry of plea of nolo contendere to any violation of any federal or state law or local ordinance relating to aggravated assault, theft, driving while intoxicated, controlled substances or other crime involving moral turpitude;

(3)           making false statements or giving any false information to the academy in connection with an application for admission/certification;

(4)           committing acts which indicate a lack of good moral character, or which constitute dishonesty or fraud, and which adversely affects an telecommunicator’s ability to exercise the duties of a certified telecommunicator;

(5)           committing acts which indicate that the telecommunicator has abused the authority granted to a certified telecommunicator in the state of New Mexico; or

(6)           having committed acts which would be grounds for denial of application for admission under 10.29.1.10 NMAC.

10. Agency reports of alleged misconduct:  Any law enforcement agency employing a police officer or telecommunicator who has committed, or reasonably appears to have committed, any act in violation of these rules shall report such conduct to the director within 90 days after the agency initiates an internal affairs review or is otherwise made aware of the alleged misconduct.  A law enforcement agency shall immediately inform the director if an officer or telecommunicator employed by the agency is arrested or indicted on felony charges.  Resignation or termination from employment does not relieve the agency from its duty to file a misconduct report with the academy director.  Agencies should undertake a timely and thorough investigation to determine whether an allegation of misconduct is sustained.  For the purposes of this subpart, “misconduct” is defined as any act listed or otherwise contemplated under 10.29.1.11 NMAC.  Violations of agency policy that do not relate to grounds for discipline under board rules are not required to be reported to the director.  The director will establish a reporting form to be used in reporting alleged misconduct.  An agency’s delay or failure to report alleged misconduct does not prevent the director from filing a separate report or divest the board of jurisdiction to take disciplinary action authorized under the Law Enforcement Training Act.