HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
HOUSE BILL 286
55th legislature - STATE OF NEW MEXICO - first session, 2021
AN ACT
RELATING TO LAW ENFORCEMENT; CREATING THE LAW ENFORCEMENT CERTIFICATION BOARD; CHANGING THE ENTITY RESPONSIBLE FOR POLICE OFFICER AND TELECOMMUNICATOR CERTIFICATION SUSPENSIONS, REVOCATIONS AND REINSTATEMENTS FROM THE NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD TO THE LAW ENFORCEMENT CERTIFICATION BOARD; AMENDING THE COMPOSITION OF THE NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD; AMENDING THE POWERS AND DUTIES OF THE DIRECTOR OF THE NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD; CHANGING THE APPEAL PROCESS FOR DISCIPLINARY ACTIONS AGAINST NEW MEXICO STATE POLICE OFFICERS OR THE NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD DIRECTOR; INCREASING THE PEACE OFFICERS', NEW MEXICO MOUNTED PATROL MEMBERS' AND RESERVE POLICE OFFICERS' SURVIVORS FUND MINIMUM BALANCE; REPEALING SECTION 9-19-11 NMSA 1978 (BEING LAWS 1987, CHAPTER 254, SECTION 12, AS AMENDED), PERTAINING TO THE PUBLIC SAFETY ADVISORY COMMISSION, SECTION 29-7-5.1 NMSA 1978 (BEING LAWS 1979, CHAPTER 202, SECTION 45, AS AMENDED), PERTAINING TO THE REMOVAL OF THE NEW MEXICO LAW ENFORCEMENT ACADEMY DIRECTOR, AND SECTIONS 29-14-1 THROUGH 29-14-11 NMSA 1978 (BEING LAWS 1991, CHAPTER 117, SECTIONS 1 THROUGH 11), PERTAINING TO THE PEACE OFFICER'S EMPLOYER-EMPLOYEE RELATIONS ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 29-2-1.1 NMSA 1978 (being Laws 1987, Chapter 254, Section 18, as amended) is amended to read:
"29-2-1.1. DEFINITIONS.--As used in Chapter 29 NMSA 1978:
A. "chief" or "chief of the state police" means the director of the New Mexico state police division of the department;
[B. "commission" means the public safety advisory commission;
C.] B. "department" means the department of public safety;
[D.] C. "member of the New Mexico state police" means a commissioned officer of the New Mexico state police, including an officer who is certified and commissioned as of June 30, 2015 in the former motor transportation division or the former special investigations division;
[E.] D. "New Mexico law enforcement academy" or "academy" means a division of the department established pursuant to the Law Enforcement Training Act;
[F.] E. "New Mexico state police" means the New Mexico state police division of the department; and
[G.] F. "secretary" means the secretary of public safety."
SECTION 2. Section 29-2-11 NMSA 1978 (being Laws 1941, Chapter 147, Section 11, as amended by Laws 2006, Chapter 11, Section 1 and by Laws 2006, Chapter 12, Section 1) is amended to read:
"29-2-11. DISCIPLINARY PROCEEDINGS--APPEAL.--
A. A New Mexico state police officer holding a permanent commission shall not be removed from office, demoted or suspended except for incompetence, neglect of duty, violation of a published rule of conduct, malfeasance in office or conduct unbecoming an officer except as provided in this section. A probationary officer not holding a permanent commission may be removed from office, demoted or suspended in accordance with New Mexico state police rules.
B. The secretary may suspend an officer for disciplinary reasons for not more than thirty days in accordance with New Mexico state police rules without further review or appeal.
C. In the event an officer is removed from office, demoted or suspended for a period of more than thirty days, the secretary shall provide written notification of the grounds supporting the action to the officer. The officer may appeal the secretary's action to the [commission within thirty days of the date of receipt of the secretary's written notification. The appeal process shall be public and conducted in accordance with New Mexico state police rules.
D. In the event the commission finds that there is just cause for the removal, demotion or suspension of the officer for a period in excess of thirty days, the officer may appeal the decision of the commission to the] law enforcement certification board or the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."
SECTION 3. Section 29-7-3 NMSA 1978 (being Laws 1979, Chapter 202, Section 42, as amended) is amended to read:
"29-7-3. NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD.--
A. There is created the "New Mexico law enforcement academy board".
[B. The academy shall be controlled and supervised by policy set by the board. The board shall be composed of the attorney general, who shall serve automatically by reason of office and serve as chair of the board, and eight members who are qualified electors to be appointed by the governor and confirmed by the senate. An appointed board member shall serve and have all of the duties, responsibilities and authority of that office during the period prior to the final action by the senate in confirming or rejecting the appointment.]
B. The board shall develop and adopt basic training and in-service training standards for police officers and telecommunicators in New Mexico.
C. The board consists of the attorney general, the director of the New Mexico law enforcement academy and the directors of all satellite law enforcement academies, who shall serve automatically by reason of their position. The remaining seven members of the board shall be appointed by the governor and confirmed by the senate. An appointed board member shall serve and have all of the duties, responsibilities and authority of that office during the period prior to the final action by the senate in confirming or rejecting the appointment. The members appointed by the governor shall consist of one attorney who is currently employed by a district attorney's office; one attorney who is currently employed by the public defender department; one certified police chief of a New Mexico Indian nation, tribe or pueblo; two members who have experience and specialize in providing adult education; and two citizen-at-large members, one of whom shall have experience as a behavioral health provider and neither of whom shall be a police officer or retired police officer or have familial or financial connections to a police officer or any agency or department for which a police officer works. Vacancies shall be filled by the governor for the unexpired term.
[C.] D. Appointments to the board shall be for terms of four years or less made in such manner that the terms of not more than two members expire on July 1 of each year. [At all times, the board shall have represented on it, as members, one municipal police chief, one sheriff, one state police officer, one attorney who is currently employed in a district attorney's office, one certified police chief of a New Mexico Indian tribe or pueblo, one certified New Mexico police officer holding the rank of sergeant or below and two citizen-at-large members, neither of whom shall be a police officer or retired police officer or have familial or financial connections to a police officer or any agency or department for which a police officer works. Vacancies shall be filled by the governor for the unexpired term.
D.] E. Members of the board shall receive, for their service as members of the board, per diem and mileage as provided in the Per Diem and Mileage Act."
SECTION 4. Section 29-7-4 NMSA 1978 (being Laws 1969, Chapter 264, Section 6, as amended) is amended to read:
"29-7-4. POWERS AND DUTIES OF BOARD.--The board shall:
A. approve or disapprove the appointment of the director by the secretary;
B. develop and implement a planned program of:
(1) basic law enforcement training and in-service law enforcement training, a portion of which may be conducted on a regional basis; and
(2) basic telecommunicator training and in-service telecommunicator training, as provided in the Public Safety Telecommunicator Training Act, a portion of which may be conducted on a regional basis;
C. prescribe qualifications for instructors and prescribe courses of instruction for:
(1) basic law enforcement training and in-service law enforcement training; and
(2) basic telecommunicator training and in-service telecommunicator training, as provided in the Public Safety Telecommunicator Training Act;
D. report annually to the governor;
E. in its discretion, accept donations, contributions, grants or gifts from whatever source for the benefit of the academy, which donations, contributions, grants or gifts are appropriated for the use of the academy;
F. adopt, publish and file, in accordance with the provisions of the State Rules Act, all regulations and rules concerning the operation of the academy and the implementation and enforcement of the provisions of the Law Enforcement Training Act and the Public Safety Telecommunicator Training Act;
G. issue, grant or deny [renew, suspend or revoke] a:
(1) peace officer's initial certification for any cause set forth in the provisions of the Law Enforcement Training Act; and
(2) telecommunicator's initial certification for any just cause set forth in the Public Safety Telecommunicator Training Act;
H. administer oaths, subpoena persons and take testimony on any matter within the board's jurisdiction; and
I. perform all other acts appropriate to the development and operation of the academy."
SECTION 5. Section 29-7-5 NMSA 1978 (being Laws 1969, Chapter 264, Section 7, as amended) is amended to read:
"29-7-5. POWERS AND DUTIES OF THE DIRECTOR.--The director shall be under the supervision and direction of the secretary of public safety. The director shall:
A. be the chief executive officer of the academy and employ necessary personnel;
B. issue a certificate of completion to any person who:
(1) graduates from an approved basic law enforcement training program and who satisfies the qualifications for certification as set forth in Section 29-7-6 NMSA 1978; or
(2) graduates from an approved basic telecommunicator training program and who satisfies the qualifications for certification as set forth in the Public Safety Telecommunicator Training Act;
C. perform all other acts necessary and appropriate to the carrying out of [his] the director's duties; and
[D. act as executive secretary to the board;
E. carry out the policy as set by the board; and
F. annually evaluate the courses of instruction being offered by the academy and make necessary modifications and adjustments to the programs]
D. implement the training standards and requirements developed and adopted by the board."
SECTION 6. A new section of the Law Enforcement Training Act is enacted to read:
"[NEW MATERIAL] LAW ENFORCEMENT CERTIFICATION BOARD--APPOINTMENT--POWERS AND DUTIES.--
A. The "law enforcement certification board" is established and administratively attached to the department of public safety as an independent board. The law enforcement certification board consists of nine members appointed by the governor with the advice and consent of the senate. No more than five members of the law enforcement certification board shall be members of the same political party. The members of the law enforcement certification board shall be appointed for five-year terms. Two of the initial law enforcement certification board members shall be appointed for one-year terms; two of the initial law enforcement certification board members shall be appointed for two-year terms; two of the initial law enforcement certification board members shall be appointed for three-year terms; two of the initial law enforcement certification board members shall be appointed for four-year terms; and one of the initial law enforcement certification board members shall be appointed for a five-year term.
B. The law enforcement certification board membership shall include the following:
(1) a retired judge who shall serve as chair of the board;
(2) a retired municipal peace officer;
(3) a retired sheriff's deputy;
(4) a retired tribal law peace officer;