HOUSE JOINT MEMORIAL 6

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

INTRODUCED BY

Thomas C. Taylor

A JOINT MEMORIAL

REQUESTING THE ADOPTION OF APPROPRIATE PHYSICAL FITNESS STANDARDS FOR LAW ENFORCEMENT OFFICERS.

     WHEREAS, the New Mexico law enforcement academy board enforces the regulations and standards for qualifying law enforcement officers; and

     WHEREAS, the current New Mexico physical fitness standards, contained in the New Mexico Administrative Code, were taken from previous Cooper institute "percentile" standards that are now outdated and that pose problems if used as a mandatory standard for selection, training or maintenance; and

     WHEREAS, the Cooper institute has rejected its own "percentile" rankings since those rankings do not predict ability to do the job and do not demonstrate criterion validity; and

     WHEREAS, with the required emphasis on job relatedness brought about by the federal Civil Rights Act of 1991 and by the federal Americans with Disabilities Act of 1990, age- and gender-based norms, as mandatory standards, are no longer recommended by the Cooper Institute; and

     WHEREAS, according to the Cooper institute, New Mexico's physical fitness standards are age- and gender-adjusted and, thus, conflict with present law; and

     WHEREAS, New Mexico regulations are silent on any association between physical fitness standards and the jobs to which they must relate; and

     WHEREAS, New Mexico makes no provision for certification reciprocity with other states in the matter of out-of-state peace officer hires; and

     WHEREAS, forty-eight states have adopted new standards that have been found to be predictive of job performance;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico law enforcement academy board be requested to adopt new physical fitness standards for law enforcement officers; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico law enforcement academy board, the department of public safety and the New Mexico Law enforcement academy.