HB 594

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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. 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 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. HB 594

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