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Home » US Law » 2021 New Mexico Statutes » Chapter 29 - Law Enforcement » Article 14 - Peace Officer's Employer-Employee Relations

Section 29-14-1 – Short title.

Sections 1 through 11 [29-14-1 to 29-14-11 NMSA 1978] of this act may be cited as the “Peace Officer’s Employer-Employee Relations Act”. History: Laws 1991, ch. 117, § 1. ANNOTATIONS Private right of action. — There is no express allowance of a private right of action anywhere in the POEERA. Sedillo v. N.M. Dep’t of […]

Section 29-14-10 – Political activity.

A. A peace officer shall not be prohibited by his police or sheriff’s department employer from engaging in any political activity when the officer is off duty, except as otherwise required by law. B. Notwithstanding the provisions of Subsection A of this section, any peace officer employed by the New Mexico state police department shall […]

Section 29-14-11 – Exercise of rights.

A peace officer shall not be subjected to any retaliation by his employer due to the officer’s lawful exercise of his rights under the Peace Officer’s Employer-Employee Relations Act. History: Laws 1991, ch. 117, § 11.

Section 29-14-2 – Findings and purpose.

A. The legislature finds and declares that effective law enforcement is dependent upon the maintenance of stable relations between peace officers and their employers. Moreover, the existence of stable relations between peace officers and their employers will enhance law enforcement services provided to the citizens of New Mexico. B. The purpose of the Peace Officer’s […]

Section 29-14-3 – Definition.

As used in the Peace Officer’s Employer-Employee Relations Act, “peace officer” or “officer” means any employee of a police or sheriff’s department that is part of or administered by the state or any political subdivision of the state who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic […]

Section 29-14-4 – Investigations of peace officers; requirements.

When any peace officer is under investigation by his employer for alleged actions that could result in administrative sanctions being levied against the officer, the following requirements shall be adhered to: A. any interrogation of an officer shall be conducted when the officer is on duty or during his normal waking hours, unless the urgency […]

Section 29-14-5 – Polygraph examinations.

After reviewing all the information collected in the course of an investigation of a peace 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 […]

Section 29-14-6 – Investigation of administrative matters.

When any peace officer is under investigation for an administrative matter, the officer shall be permitted to produce any relevant documents, witnesses or other evidence to support his case and he may cross-examine any adverse witnesses during any grievance process or appeal involving disciplinary action. History: Laws 1991, ch. 117, § 6.

Section 29-14-7 – Personnel files.

A. No document containing comments adverse to a peace officer shall be entered into his personnel file unless the officer has read and signed the document. When an officer refuses to sign a document containing comments adverse to him, the document may be entered into an officer’s personnel file if: (1) the officer’s refusal to […]

Section 29-14-8 – Constitutional rights; notification.

When any peace officer is under administrative investigation and a determination is made to commence a criminal investigation, he shall be immediately notified of the investigation and shall be afforded all the protections set forth in the bill of rights of the United States and New Mexico constitutions. History: Laws 1991, ch. 117, § 8.

Section 29-14-9 – Forced disclosure of financial status prohibited.

A peace officer shall not be required by his police or sheriff’s department employer to disclose information regarding his financial status, unless all other reasonable investigative means have been exhausted or except as otherwise required by law. History: Laws 1991, ch. 117, § 9.