AN ACT
RELATING TO LAW ENFORCEMENT; ENACTING THE PUBLIC SAFETY
TELECOMMUNICATOR TRAINING ACT; PROVIDING RULES AND PROCEDURES FOR
TELECOMMUNICATOR TRAINING, CERTIFICATION AND CONTINUING EDUCATION; DEFINING
POWERS AND DUTIES OF THE BOARD AND THE DIRECTOR OF THE NEW MEXICO LAW
ENFORCEMENT ACADEMY; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA
1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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, deny, renew, suspend or revoke
a: (1) peace officer's certification for any cause
set forth in the provisions of the Law Enforcement Training Act; and
(2) telecommunicator's 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 2. 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:
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 duties;
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."
Section 3. SHORT TITLE.--Sections 3 through 11 of this
act may be cited as the "Public Safety Telecommunicator Training
Act".
Section 4. DEFINITIONS.--As used in the Public Safety
Telecommunicator Training Act:
A. "board" means the New Mexico law
enforcement academy board;
B. "certified" means meeting the
training standards established by statute and rule as determined by the board;
C. "director" means the director of
the New Mexico law enforcement academy;
D. "dispatch" means the relay of
information to public safety personnel by all forms of communication;
E. "safety agency" means a unit of
state or local government, a special purpose district or a private business
that provides police, firefighting or emergency medical services; and
F. "telecommunicator" means an
employee or volunteer of a safety agency who:
(1) receives calls or dispatches the appropriate
personnel or equipment in response to calls for police, fire or medical
services; and
(2) makes decisions affecting the life, health or
welfare of the public or safety employees.
Section 5. QUALIFICATIONS FOR CERTIFICATION.--An
applicant for certification shall provide evidence satisfactory to the board
that he:
A. is a citizen or legal resident of the United
States and has reached the age of majority;
B. holds a high school or general equivalency
diploma from an accredited institution;
C. has not been convicted of, pled guilty to or
entered a plea of nolo contendere to a:
(1) felony charge; or
(2) violation of a federal or state law, a local
ordinance relating to aggravated assault or theft or a law involving moral
turpitude within the three-year period immediately preceding his application;
D. has not received a dishonorable discharge
from the armed forces of the United States;
E. is free from a physical, emotional or mental
condition that might adversely affect his performance;
F. is of good moral character;
G. has met all other requirements for
certification prescribed by the board; and
H. has received a certificate attesting to his
completion of an approved basic telecommunicator training program from the
director.
Section 6. BASIC TELECOMMUNICATOR TRAINING PROGRAM.--The
board shall develop and adopt a basic telecommunicator training program for
telecommunicator certification. The
program shall be constructed to meet the minimum basic needs of
telecommunicators in New Mexico.
Section 7. MINIMUM TRAINING STANDARDS FOR
CERTIFICATION.--
A. A telecommunicator shall satisfy the
qualifications for certification set forth in the Public Safety
Telecommunicator Training Act within twelve months after beginning employment and
shall provide a certificate of completion to the director.
B. The director shall waive the training
requirements set forth in Subsection A of this section for a police radio
dispatcher who is certified as a police radio dispatcher and has met all other
requirements set forth by the board.
Section 8. CERTIFICATION BY WAIVER.--
A. The director shall waive the basic
telecommunicator training program and certify applicants who furnish evidence
of satisfactory completion of a basic telecommunicator training program that,
in the director's opinion, is substantially equivalent to the board's basic
telecommunicator training program.
B. A telecommunicator granted a waiver under
this section shall meet all other requirements set out in the Public Safety
Telecommunicator Training Act.
Section 9. IN-SERVICE TELECOMMUNICATOR TRAINING.--
A. In-service telecommunicator training consists
of at least twenty hours of board-approved advanced training for each certified
telecommunicator during each two-year period.
The first training course shall commence no later than twelve months
after graduation from a board-approved basic telecommunicator training program.
B. A certified telecommunicator shall provide
proof of completion of in-service training requirements to the director no
later than March 1 of the year subsequent to the year in which the requirements
are met. The director shall provide
annual notice to all certified telecommunicators regarding in-service training
requirements. Failure to complete
in-service training requirements may be grounds for suspension of a
telecommunicator's certification at the director's discretion. A telecommunicator may be reinstated at the
discretion of the director when the telecommunicator presents to the director
evidence he has satisfied the in-service training requirements.
Section 10. REPORTS AND ROSTERS.--
A. A safety agency that operates within the
state shall submit a quarterly report to the director on the status of each
telecommunicator. The reporting forms
and submittal dates shall be prescribed by the director.
B. The director shall maintain a roster of all
certified telecommunicators.
Section 11. REFUSAL, SUSPENSION OR REVOCATION OF
CERTIFICATION.--
A. The board shall refuse to issue or shall
suspend or revoke a telecommunicator's certification, after consultation with
his employing safety agency, if the board determines that a person has:
(1) failed to satisfy the qualifications for
certification set forth in Section 29-7A-3 NMSA 1978;
(2) committed acts that constitute dishonesty or
fraud;
(3) been convicted of, pled guilty to or entered
a plea of nolo contendere to a:
(a) felony charge; or
(b) violation of a federal or state law, a local
ordinance relating to aggravated assault or theft or a law involving moral
turpitude; or
(4) knowingly made a false statement on his
application.
B. The board shall develop, adopt and promulgate
administrative procedures for suspension or revocation of a telecommunicator's
certification that include:
(1) notice and opportunity for the affected
telecommunicator to be heard; and
(2) procedures for review of the board's
decision.
Section 12. REPEAL.--Sections 29-7A-1 through 29-7A-7
NMSA 1978 (being Laws 1979, Chapter 228, Sections 1 through 7, as amended) are
repealed.
Section 13. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.