HOUSE BILL 419

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Patricio Ruiloba

AN ACT

RELATING TO CORRECTIONS; CREATING THE CORRECTIONS OFFICERS' EMPLOYER-EMPLOYEE RELATIONS ACT.

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

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Corrections Officers' Employer-Employee Relations Act".

     SECTION 2. [NEW MATERIAL] FINDINGS AND PURPOSE.--

          A. The legislature finds and declares that effective corrections services are dependent upon the maintenance of stable relations between corrections officers and their employers. Moreover, the existence of stable relations between corrections officers and their employers will enhance corrections services provided to the residents of New Mexico.

          B. The purpose of the Corrections Officers' Employer-Employee Relations Act is to prescribe certain rights for corrections officers, particularly when they are placed under investigation by their employer.

          C. Provisions of the Corrections Officers' Employer-Employee Relations Act only apply to administrative actions and shall not apply to criminal investigations of a corrections officer except as provided in Section 8 of the Corrections Officers' Employer-Employee Relations Act.

     SECTION 3. [NEW MATERIAL] DEFINITION.--As used in the Corrections Officers' Employer-Employee Relations Act, "corrections officer" or "officer" means:

          A. an adult corrections officer;

          B. an adult probation and parole officer;

          C. a juvenile corrections officer; or

          D. a juvenile probation and parole officer.

     SECTION 4. [NEW MATERIAL] INVESTIGATIONS OF CORRECTIONS OFFICERS--REQUIREMENTS.--When a corrections officer is under investigation by the officer's employer for alleged actions that could result in administrative sanctions being levied against the officer:

          A. any interrogation of an officer shall be conducted when the officer is on duty or during normal waking hours, unless the urgency of the investigation requires otherwise;

          B. any interrogation of an officer shall be conducted at the employer's facility, unless the urgency of the investigation requires otherwise;

          C. prior to commencement of any interrogation session:

                (1) the officer shall be informed of the name and rank of the person in charge of the interrogation and all other persons who will be present during the interrogation;

                (2) the officer shall be informed of the nature of the investigation;

                (3) the names of all known complainants shall be disclosed to the officer, unless the chief administrator of the officer's employer determines that the identification of the complainant shall not be disclosed because it is necessary for the protection of an informant or because disclosure would jeopardize or compromise the integrity or security of the investigation; and

                (4) a reasonable attempt shall be made to notify the officer's commanding officer of the pending interrogation;

          D. during any interrogation session:

                (1) each interrogation session shall not exceed two hours, unless the parties mutually consent to continuation of the session;

                (2) there shall not be more than two interrogation sessions within a twenty-four-hour period, unless the parties mutually consent to additional sessions; provided that there shall be at least a one-hour rest period between the sessions;

                (3) the combined duration of the officer's work shift and any interrogation session shall not exceed fourteen hours within a twenty-four-hour period, unless the urgency of the investigation requires otherwise;

                (4) there shall not be more than two interrogators at any given time;

                (5) the officer shall be allowed to attend to physical necessities as they occur in the course of an interrogation session; and

                (6) the officer shall not be subjected to offensive language or illegal coercion by the interrogator in the course of an interrogation session;

          E. any interrogation of an officer shall be recorded, either mechanically or by a stenographer, and the complete interrogation shall be published as a transcript; provided that any recesses called during the interrogation shall be noted in the transcript; and

          F. an accurate copy of the transcript or tape shall be provided to the officer, upon the officer's written request, no later than fifteen working days after the investigation has been completed.

     SECTION 5. [NEW MATERIAL] POLYGRAPH EXAMINATIONS.--After reviewing all the information collected in the course of an investigation of a corrections officer, the chief administrator of the officer's employer may order the officer to submit to a polygraph examination administered by a licensed polygraph examiner; provided that:

          A. all other reasonable investigative means have been exhausted; and

          B. the officer has been advised of the administrator's reasons for ordering the polygraph examination.

     SECTION 6. [NEW MATERIAL] INVESTIGATION OF ADMINISTRATIVE MATTERS.--When a corrections officer is under investigation for an administrative matter, the officer shall be permitted to:

          A. produce any relevant documents, witnesses or other evidence to support the officer's case; and

          B. cross-examine any adverse witnesses during any grievance process or appeal involving disciplinary action.

     SECTION 7. [NEW MATERIAL] PERSONNEL FILES.--

          A. No document containing comments adverse to a corrections officer shall be entered into the officer's personnel file unless the officer has read and signed the document.

          B. When an officer refuses to sign a document containing comments adverse to the officer, the document may be entered into the officer's personnel file if:

                (1) the officer's refusal to sign is noted on the document by the chief administrator of the officer's employer; and

                (2) the notation regarding the officer's refusal to sign the document is witnessed by a third party.

          C. A corrections officer may file a written response to any document containing adverse comments entered into the officer's personnel file and:

                (1) the response shall be filed with the officer's employer within thirty days after the document was entered into the officer's personnel file; and

                (2) the officer's written response shall be attached to the document.

     SECTION 8. [NEW MATERIAL] CONSTITUTIONAL RIGHTS--NOTIFICATION.--When a corrections officer is under administrative investigation and a determination is made to commence a criminal investigation, the officer shall be:

          A. immediately notified of the investigation; and

          B. afforded all the protections set forth in the bill of rights of the United States constitution and the constitution of New Mexico.

     SECTION 9. [NEW MATERIAL] FORCED DISCLOSURE OF FINANCIAL STATUS PROHIBITED.--A corrections officer shall not be required by the officer's employer to disclose information regarding the officer's financial status, unless all other reasonable investigative means have been exhausted or except as otherwise required by law.

     SECTION 10. [NEW MATERIAL] POLITICAL ACTIVITY.--A corrections officer shall not be prohibited by the officer's employer from engaging in any political activity when the officer is off duty, except as otherwise required by law.

     SECTION 11. [NEW MATERIAL] EXERCISE OF RIGHTS.--A corrections officer shall not be subjected to any retaliation by the officer's employer due to the officer's lawful exercise of the officer's rights under the Corrections Officers' Employer-Employee Relations Act.

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