N.M. Code R. § 10.5.100.8 - STANDARD OF CONDUCT
All employees are expected to adhere to the provisions of this rule and are subject to such disciplinary action for violation of any of these rules as deemed appropriate by the secretary of the department of public safety.
A. Employees shall:
(1) obey all laws of the United States, or
any state and local jurisdiction in which the employees are present;
(2) obey all rules and regulations, policies,
procedures, directives and lawful orders issued by supervisors; and
B. Employees shall satisfactorily
perform their duties and assume the responsibilities of their positions.
Unsatisfactory performance may be demonstrated by violating any one of the
following provisions
(1) a lack of knowledge
of the application of laws required to be enforced;
(2) an unwillingness or inability to perform
assigned tasks;
(3) the failure to
conform to work standards established to the employees rank, grade or position
as set forth in the job specifications.
C. Employees shall conduct themselves at all
times, both on and off duty, in such a manner as to reflect most favorably on
the department. Conduct unbecoming an employee shall include that which brings
the department into disrepute or reflects discredit upon the employee as a
member of the department, or that which impairs the operation or efficiency of
the department or employee. These shall include but not be limited to the
following:
(1) Employees shall not consort
with or, in any way, fraternize with persons of known bad character or ill
repute in a manner which clearly conflicts with the duties of the employees or
functions of the department unless such association is a necessary part of the
employees official duties.
(2)
Employees shall not feign illness or injury, falsely report themselves ill or
injured, or otherwise deceive or attempt to deceive any official of the
department as to the condition of their health.
(3) Employees shall carry out all proper
orders given them by supervisors in the line of duty without hesitation or
criticism. Employees will take up matters affecting themselves, their position
and departmental business with their immediate supervisor only, or through
proper channels.
(4) Employees
shall promptly obey any lawful orders of any supervisor. This will include
orders relayed from a supervisor by an employee of the same or lesser rank, or
transmitted via the police radio, telephone, or teletype or other form of
communication. The failure or refusal to obey any lawful order shall be deemed
insubordination.
(5) Employees who
are given an otherwise proper order which is in conflict with a previous order,
rule, regulation or directive shall respectfully inform the supervisor issuing
the conflicting order. If the supervisor issuing the order does not alter or
retract the conflicting order, the new order shall stand. Under these
circumstances, the responsibility for the conflict shall be upon the
supervisor. Employees shall obey the conflicting order and shall not be held
responsible for disobedience of the order, rule, regulation or directive
previously issued.
(6) Employees
shall not obey any order which they know or should know would require them to
commit any illegal act. If in doubt as to the legality of an order, employees
shall request the issuing supervisor to either clarify the order or to confer
with higher authority.
(7) All
employees shall be courteous to the public, supervisors and all other
employees, as well as any person the employee has contact with during the
performance of his/her duties and responsibilities. Employees shall be tactful
in the performance of their duties, shall control their tempers, and exercise
the utmost patience and discretion, and shall not engage in argumentative
discussions even in the face of extreme provocation. In the performance of
their duties, employees shall not use coarse, violent, profane or insolent
language or gestures, and shall not express any prejudice concerning race,
religion, politics, national origin, sex, lifestyle or similar characteristics.
When any person requests assistance or advice, all pertinent information will
be obtained in an official and courteous manner and will be properly and
judiciously acted upon.
(8)
Employees shall maintain a level of good moral character in their personal and
business affairs, which is in keeping with the highest standards of the law
enforcement profession. Employees shall not participate in any incident which
impairs their ability to perform their duties or impedes the operation of the
department or causes the department to be brought into disrepute.
(9) Employees will not set or accept
appearance bonds regardless of any delegation of presumed authority by a
magistrate or judge permitting the officer to accept appearance
bonds.
D. Employees will
properly care for and maintain all state equipment issued to or used by the
employee.
E. An employee will not
represent himself/herself as speaking on behalf of the department of public
safety, in any court proceeding, civil or criminal, for purpose of being a
character witness.
F. All employees
are expected to conduct themselves accordingly as specified.
G. Employees will concern themselves strictly
with tasks assigned.
(1) Sleeping on duty is
not permitted.
(2) Forms of
entertainment which distract the employees from the performance of their duty
are not allowed.
(3) Unless
otherwise authorized, employees will not leave assigned locations during a tour
of duty.
(4) Employees will speak
the truth at all times and in cases where they would not be allowed to divulge
facts, they will so state.
(5)
Employees will not engage in any form of gambling while on duty except as
required in the performance of duty or will not engage in any form of illegal
gambling while off duty.
(6)
Employees will not use chewing gum or tobacco by any method when in direct
contact with the public in an official capacity.
H. Employees will be punctual in reporting
for duty at the time designated by their supervisor and not be absent from duty
without authorized leave.
(1) An employee
shall not leave this state for official business without permission from the
chief. If the out-of-state trip is in response to subpoena, a copy of the
subpoena should be sent to the chief's office. If the trip was to testify and
no subpoena was served, a copy of a subpoena should be brought back and
forwarded to the chief's office.
(2) An employee shall not leave his/her
district or station, while on duty, until notification has been given to
his/her immediate supervisor. The employee shall furnish his/her supervisor
with an itinerary and places where he/she can be contacted in case of emergency
calls. In cases of fresh pursuit of a fugitive, it is not necessary to secure
permission to leave the district or station.
I. Employees shall carry their badges and
commissions on their person at all times, while on duty or while carrying a
loaded concealed firearm off duty as provided by DPS policy and procedures.
(1) They shall furnish their name to any
person requesting that information when they are on duty or while representing
themselves in an official capacity.
(2) Exception: When the withholding of such
information is necessary for the performance of police duties.
J. Employees shall submit all
necessary reports and official documents on time and in accordance with
established documents on time and in accordance with established departmental
or other procedures. Reports and documents submitted by employees shall be
truthful and complete, and no employees shall knowingly enter or cause to be
entered any inaccurate, false, or improper information. All DPS law enforcement
reports, records and evidence are privileged and confidential and may be
released only upon written authority of the secretary, or his verbal authority,
if written authority cannot reasonably be obtained except as required by court
order.
K. [RESERVED]
L. All employees are expected to meet their
financial obligations in a timely manner and live within their financial means.
This does not preclude any employee from properly proceeding in
bankruptcy.
M. Any employee wishing
to secure any type of supplemental employment must secure written permission
from the secretary. This supplemental employment includes any tasks performed
for which the employee is compensated.
(1)
Such supplemental employment will not interfere in any way with the employees
primary duties and responsibilities as a department of public safety
employee.
(2) When requesting
permission from the secretary, the employee must specify hours expected to be
worked, type of business, location and duration of employment.
(3) If permission is granted, the secretary
may impose conditions on the supplemental employment.
(4) This regulation applies to all employees
including those on any type of leave or suspension.
N. All employees will be physically and
mentally fit at all times. The secretary may order a physical or psychological
examination to assure compliance with this rule.
O. Financial gain by employees. Employees
will not accept gifts, gratuities, bribes, loans or rewards which are intended
to influence the employee in the performance of their duties and
responsibilities or for tasks performed as part of their duties. The employee
cannot retain rewards for personal use, but rather will forward the reward to
the secretary's office for appropriate disposition.
P. Employees will not make any statements in
any form which adversely impacts or impairs the efficient operations of the
department.
Q. The following
regulations are for the purpose of providing direction and guidance to all
employees as concerns political activity.
(1)
While off duty and out of uniform, employees shall be permitted to:
(a) express opinion as invididuals on
political issues and candidates;
(b) attend political conventions, rallies,
fund raising functions and similar political gatherings in an unofficial
capacity;
(c) actively engage in
any non-partisan political function, partisan meaning an adherent to a party,
faction, cause or person; actively engaging in activities of private, fraternal
and/or social organizations which do not conflict with the mission of the
department of public safety and associated responsibilities is
permissible;
(d) sign political
petitions as individuals;
(e) make
financial contributions to political organization;
(f) perform non-partisan duties as prescribed
by state or local laws;
(g) hold
membership in a political party and participate in its functions to the extent
consistent with the law and consistent with this regulation;
(h) otherwise participate fully in public
affairs, except as provided by law, to the extent that such endeavors do not
impair the neutral and efficient performance of official duties, or create real
or apparent conflicts of interest.
(2) Employees are prohibited at all times
from:
(a) using their official capacity to
influence, interfere with, or affect the results of an election;
(b) assuming active roles in management,
organization or financial activities of partisan political clubs, campaigns or
parties;
(c) serving as officers of
partisan political parties and clubs;
(d) becoming candidates for, seeking election
to, or running for, or campaigning for, a partisan elective public or political
office;
(e) soliciting votes in
support of, or in opposition to, any partisan candidates;
(f) serving as delegates to a political party
convention;
(g) endorsing or
opposing a partisan candidate for public office in a political advertisement,
broadcast or campaign literature;
(h) initiating or circulating a partisan
nominating petition;
(i)
organizing, selling tickets to, or actively participating in a fund-raising
function for a partisan political party or candidate;
(j) addressing political gatherings in
support of, or in opposition to, a partisan candidate;
(k) otherwise engaging in prohibited partisan
activities on the federal, state, county or municipal level.
R. Employees will not
seek self-publicity through the news media or furnish information for the
primary purpose of personal publicity.
S. Every employee who has a financial
interest which he believes, or reasonably should have known, may be affected by
actions of the department shall disclose the precise nature and value of such
interest. The disclosure shall me made in writing to the secretary of state
before entering employment, and during the month of January every year
thereafter.
T. Employees will not
use their position or permit use of their position for personal or financial
gain whether directly or indirectly for themselves or any other individual or
group.
U. The following apply to
regulate the authorized use of a firearm:
(1)
to kill a critically wounded or dangerous animal, when other disposition is
impractical; or
(2) to give an
alarm or call for assistance for an important purpose when no other means can
be used; or
(3) for practice,
preferably on an approved range under the auspices of an approved rangemaster;
however, should an approved rangemaster not be available, the employee may, at
his discretion, still utilize the approved range for target practice;
(4) an employee shall draw or display his
firearm only for a legal use or for inspection (including cleaning, oiling and
storing);
(5) as authorized by
department use of force and carrying of fireams policies or any other
departmental policy and procedure.
V. All employees will use the utmost care and
caution in handling firearms at all times in an effort to prevent the
accidental discharge of their weapons or any weapons.
W. In every instance in which an employee
discharges a firearm while on duty, other than provided in Paragraph (3) of
Subsection U of 10.5.100.8 NMAC, whether the discharge is accidental or not,
the employee will, without delay, make a written report through channels to the
chief. The office of professional standards and internal affairs will be
apprised of all incidents of discharged firearms other than target
practice.
X. The duty issued weapon
will not be used off-duty except for duty related matters.
Y. Employees will maintain a neat appearance
in groom and dress.
Z. Employees
will maintain their hair style so as not to interfere with the proper wearing
of all standard head gear, and hair will be kept neat, clean and trim.
(1) Male employees will keep hair cut
assuring that the back of the hair does not touch the shirt collar, the sides
do not bulk at or extend over the ear, and front is combed to the side or back
and will not protrude below the headband.
(a)
Sideburns will be squared and will not extend below the lowest part of the
exterior ear opening or tragus and will end with a clean shaven horizontal
line.
(b) All male employees will
be clean shaven. Goatees, beards or mustaches are not permitted.
(c) Exceptions are permitted if required in
the performance of the employee's duty.
(2) Female employees will keep hair cut
assuring that the back and sides do not touch the shirt collar and the front
and back (e.g., ponytails, braids, etc.) will not protrude below the
headband.
(3) Hairpieces or wigs
are not permitted unless necessary to cover an uncommon baldness or to
accommodate a medical condition. If worn, wig or hairpiece will be properly
secured so as not to handicap the proper wearing of the headgear and must keep
the standards stated in Paragraphs (1) and (2) of Subsection Z of 10.5.100.8
NMAC above.
(4) Cosmetics for
female employees are permitted if in good taste using conservative natural
looking cosmetics.
AA.
All employees will dress in appropriate civilian clothes when appearing in
court for purposes of any trial, except when appearing for trial or any
proceeding in magistrate, metropolitan or municipal courts, unless permission
is obtained from the chief to appear in uniform.
(1) Male employees will dress in conservative
sport coat or suit with tie and will appear with shoes shined and clothes
cleaned and neatly pressed.
(2)
Female employees will dress in conservative pantsuit, skirt and blouse, or
dress, each of which must be properly coordinated as well as clean and neatly
pressed.
(3) Employees may dress in
the uniform when appearing at any proceedings in magistrate, metropolitan or
municipal court, subject to the reasonable approval of the employee's immediate
supervisor as to whether it is appropriate to appear in uniform in a specific
proceeding.
(4) For purposes of
appearing at proceedings other than trial (e.g., grand jury, arraignment,
hearings or motions, preliminary hearing, etc.), the employee may dress in
uniform subject to the approval of the employee's immediate supervisor based on
the supervisors reasonable discretion.
(5) In any case, employees will not appear in
court in uniform unless need for appearance is relative to their duties and
responsibilities.
BB.
Military courtesy will be adhered to by employees.
CC. The hand salute will be used in the
following circumstances:
(1) Employees in
uniform will salute the governor of this state (or other states, where
applicable), the chief of the New Mexico state police, deputy chiefs, majors,
captains and lieutenants; except when the ranking officers are in civilian
clothing, the salute is not required. It will be mandatory to salute these
officials only the first time seen each day.
(2) As a gesture of common courtesy,
uniformed employees will salute high-ranking military officers.
(3) Uniformed employees, upon approach of the
national colors, will stand at attention and execute the hand salute. The time
of the salute is when the colors approach within six paces of ones position,
holding the salute until the colors have been carried six paces beyond. For the
purpose of interpretation, the national colors will be any American flag. Flags
other than the national colors will not be saluted.
(4) Uniformed employees will stand at
attention and give the hand salute at the first note of the national anthem and
hold the salute until the last note of the music. During formal raising and
lowering of the national colors, the same procedure will be followed as in the
playing of the national anthem. When the national anthem is played and national
colors are not flown, uniformed employees will stand at attention, facing the
music, saluting at the first note and holding the salute until the last
note.
(5) General procedures for
salutes are as follows:
(a) Normally, the hand
salute shall be rendered only from a standing position of attention, except
that a ranking employee being saluted need not rise from a seated position to
return a salute.
(b) A uniformed
employee, upon reporting to the chief, will remove his headdress before
entering the chief's office. The employee will then assume the position of
attention in front of the chief and salute. The employee will remain at
attention unless otherwise ordered by the chief. If the employee is given
permission to stand at ease or to be seated, the employee will, at the
conclusion of the business, again salute the chief from the position of
attention, and depart.
(c) The
driver of a motor vehicle will not salute if the vehicle is in motion. If it is
stopped, he will salute without arising from his seat. Drivers of moving
vehicles will not be saluted. Passengers in moving or stationary vehicles will
salute on the same occasions as when standing or walking, but they need not
rise or alight from the vehicle, except as later provided in these
rules.
(d) Uniformed employees in a
standing vehicle, upon the approach of the national colors, or upon the first
note of the national anthem, will alight from the vehicle and salute from the
position of attention. The driver of the vehicle will remain in the seat and
salute.
(e) Uniformed employees in
a moving vehicle, upon passing the national colors, shall salute the colors,
except that the driver shall not salute.
DD. Employees in civilian clothing will
adhere to the following procedures for salutes: Employees in civilian clothing
will salute the national colors and the national anthem by standing at
attention, if uncovered. If covered, they will stand at attention and uncover,
holding the headdress over the heart with the right hand.
EE. The hand salute will not be required if
it would interfere with duty, or in emergency situations.
FF. Employees will abide by the following
procedures regarding the removal of headdresses:
(1) Employees will remove their headdress in
churches, formal or informal gatherings when seated, when in restaurants,
funeral parlors, hospital rooms, when entering courts and while in private
residences.
(2) When the headdress
is removed, it shall be placed underneath the left arm at the elbow, with the
badge foremost. (This shall not exclude the placing of the headdress on a hat
rack or other proper place.)
(3)
Uniformed employees will remove their headdress and bow their heads during
prayer, except officers assigned to honor guard, standing at attention or in
military formation.
GG.
The preceding rules for saluting and courtesy are intended to direct a correct
behavior of employees under normal conditions, and will not apply in any
emergency when police duty is being performed which requires the undivided
attention of the employee.
HH.
Supervisors will instruct employees on special assignments as to military
courtesy if it is likely to be required during any occasion.
II. Displaying of the flag:
(1) The flag will be displayed at half staff
in accordance with Presidential Proclamation number 3044.
(2) The flag will also be displayed at half
staff when any law enforcement officer in the state of New Mexico is killed in
the line of duty. The flag will fly at half staff once the department is
assured of the officers death and will be returned to full staff on the day
after the funeral.
(3) The flag
will not be displayed during inclement weather.
JJ. Disciplinary action.
KK. The chief or secretary will have the
ultimate discretion to decide on penalties subject to mitigating or aggravating
circumstances.
LL. At least one
copy of each official written reprimand shall be placed in the offenders
headquarters personnel file, one copy to the employees supervisor, one copy to
the chief and other copies as needed. Reprimands shall be dated and signed by
the offender and shall not be used for purposes of this section for more than
one calendar year after being issued.
MM. Repeated violations of rules and
regulations of this department, or any other course of action or conduct
indicating an employee has little or no regard for the employees obligations as
set forth in the employees job specifications or in these rules and regulations
or any adverse and unreasonable course of conduct or action which impairs the
operations or efficiency of the department may be cause for dismissal. Repeated
violations must be supported by documented evidence. This shall apply
regardless of the severity of the offenses, and regardless of whether these
violations are of the same type.
NN. The following pertains to disciplinary
proceedings: Disciplinary proceedings pertaining to members of the New Mexico
state police holding a permanent commission shall be in accordance with Section
29-2-11,
NMSA, 1978 and 10.5.500 NMAC.
OO.
The following procedure shall be followed when a permanent employee is being
considered for suspension for a period not to exceed thirty (30) days.
(1) The secretary and chief will advise the
employee of their determination. If the employee accepts the decision, the
penalty will be carried out.
(2)
Should the employee wish to appeal the decision, he will request such appeal,
in writing to the chief, within five days of receipt of the letter of
suspension.
(3) There is created
for these purposes a disciplinary hearing panel (DHP) which will timely
schedule a hearing on the allegations contained in the chiefs letter of
suspension. The DHP will consist of a person or persons appointed by the
chief.
(4) The DHP will hear
testimony regarding both sides of the issues and make its determination based
on the evidence presented before it. The panel will dictate any other
procedures to be followed. A record or tape recording shall be made of these
proceedings. As concerns the applicability of the New Mexico Rules of Evidence
to these proceedings, a lesser standard may be utilized by the DHP, although
introduction of any evidence must be based on a reasonable prudent man
standard, i.e. the type relied upon reasonably prudent men in the conduct of
their affairs. Private counsel may not be present before the DHP. The DPS
office of legal affairs may be present to advise the DHP only on questions of
law.
(5) Within ten (10) days after
the completion of the hearing, the DHP will make written findings of fact and
conclusions of law which will then be presented to the chief. Should the DHP
choose to recommend an amendment to this penalty, it may do so by stating in
writing the justification for the recommendation.
(6) After the DHP report is made to the
chief, the chief and the secretary will impose the final discipline. No further
appeal shall be allowed.
PP. [RESERVED]
QQ. Pursuant to Section
29-2-9
NMSA 1978, all New Mexico state police officers on a probationary status may be
removed or suspended at the discretion of the chief. The employee, within five
days of receipt of notice of intended action by the chief to remove or suspend
may request, in writing, an opportunity to be heard by the chief.
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