New Mexico State Police Standard of Conduct

Title 10 - Public Safety and Law Enforcement

Chapter 5 - State Police

Part 100 - Standard of Conduct

10.5.100.1 Issuing Agency

Department of Public Safety, State Police Division
Document History: [5-15-98; 10.5.100.1 NMAC - Rn & A, 10 NMAC 5.100.1, 6-30-04]

10.5.100.2 Scope

Applicable to all commissioned officers of the state police division of the New Mexico Department of Public Safety.
Document History: [5-15-98; 10.5.100.2 NMAC - Rn, 10 NMAC 5.100.2, 6-30-04]

10.5.100.3 Statutory Authority

Authority Definition:
- Section 29-2-1.1-G NMSA 1978 defines the New Mexico state police board as the secretary of the department of public safety.
- Section 29-2-4-1 NMSA 1978 allows the New Mexico state police board to promulgate rules and regulations for employee practices.
- Section 29-2-22 NMSA 1978 assigns the New Mexico state police board the authority to set standards of conduct regulations.
- Rules must be distributed to all members and displayed at department stations.
Document History: [5-15-98; 10.5.100.3 NMAC - Rn, 10 NMAC 5.100.3, 6-30-04]

10.5.100.4 Duration

Status: Permanent
Document History: [5-15-98; 10.5.100.4 NMAC - Rn, 10 NMAC 5.100.4, 6-30-04]

10.5.100.5 Effective Date

Effective from December 22, 1993, unless later dates are specified.
Document History: [12-23-93, 5-15-98; 10.5.100.5 NMAC - Rn & A, 10 NMAC 5.100.5, 6-30-04]

10.5.100.6 Objective

Objective is to establish standards of conduct for commissioned officers, authorized by Section 29-2-22, NMSA 1978.
Document History: [5-15-98; 10.5.100.6 NMAC - Rn, 10 NMAC 5.100.6, 6-30-04]

10.5.100.7 Definitions

Authorized Leave: Any approved type of leave by an employee’s supervisor.
Days: Refers to working days, including holidays for suspension purposes.
Dismissal: Permanent termination from service due to cause.
Employee: A commissioned officer of the Department of Public Safety.
Firearm:
- (1) Revolver or semi-automatic handgun; must be a .38, .357 Magnum, .380, 9mm, 45 ACP or another approved caliber.
- (2) Shotgun, 12 gauge issue.
- (3) Rifle, issue caliber .223/5.56mm, 308/7.62mm, or other authorized caliber.
- (4) Special team weapon.
Gratuity: Something given in return for a favor or service.
Order: An authoritative command, verbal or written.
Policy: A mandatory guide to meet a specific situation.
Procedures: A written method for implementing a policy.
Reprimands: Authoritative reprimands, censure, or rebuke.
Suspension: Temporary denial of duties; forced leave without pay.
Document History: [5-15-98; 10.5.100.7 NMAC - Rn, 10 NMAC 5.100.7, 6-30-04]

10.5.100.8 Standard of Conduct

Employees must follow the provisions in this rule and may face disciplinary action for violations as deemed appropriate by the secretary of the Department of Public Safety.
### Employee Expectations:
- Obey Laws: Employees must obey all laws of the United States and local jurisdictions.
- Obey Rules and Regulations: Must comply with policies, procedures, directives, and lawful orders from supervisors.
- Performance of Duties: Employees are expected to satisfactorily perform their responsibilities, which may demonstrate unsatisfactory performance if:
- (1) They lack knowledge of laws they must enforce.
- (2) They are unwilling or unable to perform assigned tasks.
- (3) They fail to conform to established work standards based on rank or position.
- Conduct Standards: Employees must conduct themselves in a manner that reflects favorably on the department, both on and off duty. Unbecoming conduct includes:
- (1) Associating with individuals of bad character in a manner conflicting with the employee's duties.
- (2) Feigning illness or injury, or deceiving officials about health conditions.
- (3) Following supervisors' lawful orders without hesitation or criticism.
- (4) Promptly obeying lawful orders, including those from any rank of supervisor.
- (5) Communicating conflicts between orders to supervisors respectfully.
- (6) Refusing any order that requires illegal actions, and seeking clarification if in doubt.
- (7) Being courteous and tactful with the public, supervisors, and colleagues; avoiding argumentative discussions.
- (8) Maintaining good moral character in personal and business affairs.
- (9) Not setting or accepting appearance bonds.
- Equipment Maintenance: Must care for all state-issued equipment properly.
- Official Representation: Employees must not represent themselves as speaking for the department in court for character witness purposes.
- Financial Obligations: Expected to meet financial obligations and live within means, with exceptions for bankruptcy.
- Supplemental Employment: Must request written permission from the secretary for any supplemental employment; conditions may be imposed.
- Physical and Mental Fitness: Employees must remain fit; physical or psychological examinations may be required.
- Prohibited Financial Gain: Employees shall not accept gifts intended to influence responsibilities and are to forward such gifts to the secretary’s office.
- Political Activities:
- Permitted Activities Off Duty:
  - (1) Express opinions as individuals on political issues.
  - (2) Attend political events in an unofficial capacity.
  - (3) Engage in non-partisan political functions.
  - (4) Sign political petitions.
  - (5) Contribute financially to political organizations.
  - (6) Participate non-partisan duties prescribed by law.
  - (7) Hold political party membership to the extent it doesn't impair duties.
- Prohibited Activities at All Times:
  - (1) Use official capacity to influence election outcomes.
  - (2) Engage in partisan political roles.
  - (3) Seek election or campaign for partisan offices.
  - (4) Endorse partisan candidates in advertisements.
  - (5) Engage in prohibited partisan activities at any governmental level.
- Disciplinary Actions:
- Chief or secretary decides penalties based on circumstances.
- Repeated violations may lead to dismissal, supported by documented evidence.
- Disciplinary procedures must follow Section 29-2-11, NMSA 1978 and 10.5.500 NMAC.
- Procedures for suspension proceedings established for permanent employees.