— NM Cops and Courts Beat Guide

1. Introduction

When an officer does something really bad, their agency is supposed to report the infraction, and forward all pertinent information about it, to the Law Enforcement Academy Board. This form, reporting the infraction, is called an LEA-90 (see the actual document), also called a DPS Misconduct Form, named after the Law Enforcement Academy.

The Board, and the Academy, are a subset of the Department of Public Safety. The Attorney General is the chair of the board, which has two civilian members.

The Board has authority when it comes to law enforcement certifications in New Mexico (but not federal law enforcement certifications).

The Board can suspend and revoke certifications during its meetings. It employs an “administrative judge” to conduct hearings before a case comes before the Board. The LEA Director also has a role in deciding what goes before the Board and what doesn’t.

The reasons for revocation are set out in the New Mexico Administrative Code (NMCA) for the Academy, 10.29.1.10 and 10.29.1.11.

2. Grounds for an LEA-90 and punishment

When an officer does something really bad (see below), the agency that employs the officer is supposed to report to the LEA Board, within 90 days, the infraction, what the punishment was and what the internal investigation found.

Agencies are specifically supposed to report, according to the LEA website (http://nmlea.dps.state.nm.us/index.php/directors-office/officer-misconduct/):

Agencies are required to report the following actions:

1. A conviction, entry of plea of guilty or entry of plea of nolo contendere to any felony charge.

2. A conviction, entry of plea of guilty or entry of 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.

3. Making false statements or giving any false information to the Academy in connection with an application for admission / certification.

4. 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.

5. Committing acts of violence or brutality which indicates that the officer has abused the authority granted to him or her as a commissioned law enforcement officer in the State of New Mexico.

6. Is found to have committed acts which would be grounds for denial of application for admission under 10 NMAC 29.1.10.

Below are both 10.29.1.10 and 10.29.1.11, so you don’t have to click on the link:

10.29.1.10             QUALIFICATIONS FOR ADMISSION TO THE ACADEMY:

1. Qualifications for police officer admission:  In accordance with those qualifications enumerated under Section 29-7-6 NMSA 1978, (Repl. Pamp. 1994), the director shall reject applicants for admission to the academy if, after investigation, it is determined that the applicant does not meet the following criteria:

(1)           citizenship and age requirements as set forth in Section 29-7-6 NMSA 1978, (Repl. Pamp. 1994);

(2)           holds a United States high school diploma or its equivalent;

(3)           holds a valid driver’s license;

(4)           has not been convicted of or pled guilty to or entered a plea of nolo contendere to any felony charge, or within the three year period immediately preceding his/her application, to any violation of any federal law or state law or local ordinance relating to aggravated assault, theft, driving while intoxicated, controlled substances or other crime involving moral turpitude and has not been released or discharged under dishonorable conditions from any of the armed forces of the United States;

(5)           is found, after examination by a licensed physician, to be free from any physical condition which might adversely affect their performance as police officers or prohibit them from successfully completing prescribed basic law enforcement training required by the Law Enforcement Training Act;

(6)           is found, after examination by a certified psychologist, to be free of any emotional or mental condition which might adversely affect their performance as police officers or prohibit them from successfully completing prescribed basic law enforcement training required by the Law Enforcement Training Act;

(7)           is found to be of good moral character and has not committed any acts constituting dishonesty or fraud; or

(8)           is found not to have committed any other acts which would be grounds for denial, revocation, or suspension of certification under the provision of 10.29.1.11 NMAC.

1. Qualifications for telecommunicator admission:  In accordance with those qualifications enumerated under Section 29-7C-3 NMSA 1978, the director shall reject applicants for admission to the academy if, after investigation, it is determined that the applicant does not meet the following criteria:

(1)           United States citizenship or legal resident and age requirements as set forth in Section 29-7C-3 NMSA 1978;

(2)           holds a United States high school diploma or its equivalent from an accredited institution;

(3)           has not been convicted of or pled guilty to or entered a plea of nolo contendere to any felony charge, or within the three year period immediately preceding his/her application, to any violation of any federal law or state law or local ordinance relating to aggravated assault, theft, driving while intoxicated, controlled substances or other crime involving moral turpitude and has not been released or discharged under dishonorable conditions from any of the armed forces of the United States;

(4)           is found to be of good moral character and has not committed any acts constituting dishonesty or fraud;

(5)           is found not to have committed any other acts which would be grounds for denial, revocation, or suspension of certification under the provision of 10.29.1.11 NMAC; or

(6)           has been examined by a certified technician and have no uncorrected hearing loss in either ear of greater than 25db at 500, 1000, 2000 Hz, and no more than a 20db loss in the better ear by audiometry, using American National Standards Institute (ANSI 1969) standards.

and

10.29.1.11             GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION OF POLICE OFFICER OR TELECOMMUNICATOR CERTIFICATION; REPORTING REQUIREMENTS:

1. Authority:  In accordance with the provisions of the Law Enforcement Training Act, Section 29-7-13 NMSA 1978, (Repl. Pamp. 1994), the director may seek to deny, suspend or revoke a police officer’s or telecommunicator’s certification, if after investigation and consultation with the employing agency, it is determined that the individual has failed to comply with the provisions of the Law Enforcement Training Act or board regulations concerning qualifications for certification in the state of New Mexico.
2. Arrest or indictment on felony charges; summary suspension:

(1)           The director upon being notified that a certified police officer or telecommunicator has been arrested or indicted on any felony charge(s) shall immediately notify the individual of the intent to suspend the certification.  The procedures set forth in 10.29.1.12 NMAC shall not apply to the immediate suspension.  Notice of the immediate suspension shall be served on the officer or telecommunicator.  Upon service of the notice, the individual shall have 15 days to request to be heard at the next meeting of the board.  At the meeting, the individual may present evidence, witnesses and argument as to why their certification should not be suspended.  The board may deliberate and shall issue a decision on the suspension at the meeting.

(2)           The director upon being notified that a police officer or telecommunicator has been convicted on any felony charge(s) shall initiate the disciplinary process pursuant to 10.29.1.12 NMAC.

1. Grounds for discipline of a police officer:  The following conduct may constitute grounds for denial, suspension or revocation of certification of a police officer under this rule:

(1)           subsequent conviction, entry of plea of guilty or entry of plea of nolo contendere to any felony charge;

(2)           subsequent conviction, entry of plea of guilty or entry of 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;

(3)           making false statements or giving any false information to the academy in connection with an application for admission/certification;

(4)           committing acts which indicate a lack of good moral character, or which constitute dishonesty or fraud, and which adversely affects an officers’ ability to exercise the duties of a police officer;

(5)           committing acts of violence or brutality which indicate that the officer has abused the authority granted to him or her as a commissioned police officer in the state of New Mexico; or

(6)           having committed acts which would be grounds for denial of application for admission under 10.29.1.10 NMAC.

1. Grounds for discipline of a telecommunicator:  The following conduct may constitute grounds for denial, suspension or revocation of certification of a certified telecommunicator under this rule:

(1)           subsequent conviction, entry of plea of guilty or entry of plea of nolo contendere to any felony charge;

(2)           subsequent conviction, entry of plea of guilty or entry of 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;

(3)           making false statements or giving any false information to the academy in connection with an application for admission/certification;

(4)           committing acts which indicate a lack of good moral character, or which constitute dishonesty or fraud, and which adversely affects an telecommunicator’s ability to exercise the duties of a certified telecommunicator;

(5)           committing acts which indicate that the telecommunicator has abused the authority granted to a certified telecommunicator in the state of New Mexico; or

(6)           having committed acts which would be grounds for denial of application for admission under 10.29.1.10 NMAC.

3. Hearing cases

Cases to be heard in front of the Law Enforcement Academy Board are on their meeting agendas, here: http://nmlea.dps.state.nm.us/index.php/lea-board/lea-board-meetings/

The agenda for the second day of each meeting typically includes a list of officers and certified telecommunicators (dispatchers) with cases before the board.

If you missed the meeting, don’t worry. The minutes don’t take too long to post on the website and they are taken by a stenographer.

4. Civilian complaints

According to Hector Balderas, the Attorney General himself, anyone can submit an LEA-90, or misconduct form, to the LEA Board.

When someone does (which is rare), the case is turned over to DPS investigators who will, in turn, do their own investigation. Presumably, this is done because no documents or investigations are available when a citizen makes a complaint.

In contrast, agencies are supposed to submit their evidence, investigations, etc., when submitting the LEA-90 to the Board.

5. Administrative judge and proceedings

So, an officer had an LEA-90 filed against him. Now begins the administrative process with an “administrative judge” paid by DPS. Often, this judge is a private former officer, David Linthicum. He uses his own, private email in case you were wondering.

He prepares reports and suggested courses of actions to the Board. (You can IPRA these).

The Board then, at the meeting the officer is scheduled for, can choose to either accept those recommendations or do something else, up to and including, revoking the license.

If an officer has a license revoked, he can then appeal that revocation to a District Court judge. This, of course, takes time and money.

6. Requesting records

As you probably already guessed, the number once source for documents, once an LEA-90 has been filed, is the the Academy/Board, and of course, their records custodian is the Department of Public Safety (DPS).

In addition to getting the documents from DPS, which will most likely attempt to redact or withhold records they aren’t allowed to, you can request the records from your local police agency that submitted the LEA-90.

Those records, for both, include the LEA-90 itself, all “supporting documentation,” all documentation “sent to the Law Enforcement Academy,” all disciplinary documentation (it doesn’t hurt to try), all administrative judge’s reports and communication, all administrative judge’s findings, all findings of fact, all investigation findings and findings of fact.

Documents cited in this article:

1. LEA-90/DPS Misconduct Form

2. New Mexico Administrative Code, 10.29.1.10, 10.29.1.11

3. LEA Website, Director’s Office, Officer Misconduct

4. LEA Board website, meetings

5. Rio Grande SUN, “Law Enforcement Director Downplays OD Arrests,” published Aug. 22, 2015.

6. LinkedIn, profile, David Linthicum

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