Officer Misconduct
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New Mexico Law Enforcement Academy Board Rule 10.29.1.11 NMAC requires any agency employing a certified law enforcement officer who has committed any act or acts identified in 10.29.1.11 NMAC (listed below) shall report such conduct to the Director within ninety (90) days. The Director will establish a reporting form to be completed by the agency Fillable Officer Misconduct Report ( LEA-90 ). An agency’s delay or failure to report such conduct does not divest the Board of jurisdiction to take action under NMSA 1978, Section 29-7-13. Agencies are required to report the following actions:
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- A conviction, entry of a plea of guilty or entry of a plea of nolo contendere to any felony charge.
- A conviction, entry of a plea of guilty or entry of a 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.
- Making false statements or giving any false information to the Academy in connection with an application for admission/certification.
- Committing acts which indicate a lack of good moral character, or which constitute dishonesty or fraud, and which adversely affects an officer’s ability to exercise his or her duties as a certified law enforcement officer.
- Committing acts of violence or brutality which indicate that the officer has abused the authority granted to him or her as a commissioned law enforcement officer in the State of New Mexico.
- Is found to have committed acts which would be grounds for denial of an application for admission under 10.29.1.10 NMAC.
Once the Director receives a report of misconduct, the procedures outlined in 10.29.1.12 through 10.29.1.17 NMAC will be followed. If the officer/telecommunicator requests a hearing before the New Mexico Law Enforcement Academy Board pursuant to 10.29.1.14 NMAC, the Board will render decisions pursuant to 10.29.1.15 NMAC.