HOUSE BILL 594

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Luciano “Lucky” Varela

AN ACT

RELATING TO STATE POLICE; PROVIDING NEW DISCIPLINARY AND APPEAL PROCEEDINGS FOR NEW MEXICO STATE POLICE OFFICERS; ELIMINATING THE REVIEW AND APPEAL PROCESS FOR OFFICERS SUSPENDED FOR NOT MORE THAN THIRTY DAYS; REQUIRING WRITTEN NOTIFICATION OF DISCIPLINARY ACTION BY THE SECRETARY OF PUBLIC SAFETY TO OFFICERS REMOVED, DEMOTED OR SUSPENDED FOR A PERIOD EXCEEDING THIRTY DAYS; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 29-2-11 NMSA 1978 (being Laws 1941, Chapter 147, Section 11, as amended) is amended to read:

     "29-2-11. DISCIPLINARY PROCEEDINGS--APPEAL.--

          A. [No officer of the] 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 [Any officer holding a permanent commission who is suspended by the secretary has the right to have the suspension reviewed by the commission, but] without further review or appeal.

          C. In the event [the] an officer is [to be] removed from office, demoted or suspended for a period of more than thirty days [specific written charges shall be filed with the commission. Timely and adequate notice of the charges to the person charged shall be provided and a prompt hearing on the charges shall be held by the commission. The person charged has the right to be represented by counsel of his own choice and at his own expense at the hearings. A complete record of the hearing shall be made and, upon request, a copy of it shall be furnished to the person charged. The person may require that the hearing be public], 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 [the person charged shall be removed, demoted or suspended] there is just cause for the removal, demotion or suspension of the officer for a period in excess of thirty days, the [person] officer may appeal [from] the decision of the commission to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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