A. Members of the New Mexico state police, except the chief, shall:
(1) at the time of their appointment, be citizens of the United States;
(2) at the time of their appointment, have reached twenty-one years of age;
(3) except as otherwise provided in Subsection B of this section, at the time of their appointment, have completed at least sixty hours of college credit or have had two years of military or law enforcement service. This requirement shall not apply to officers who are certified and commissioned as of June 30, 2015 in the former motor transportation division or the former special investigations division;
(4) be of good moral character and not have been convicted of a felony or infamous crime in the courts of this state or other state or any country or in the federal courts; and
(5) pass a physical examination that the New Mexico state police may require.
B. Notwithstanding the requirement of Paragraph (3) of Subsection A of this section, the chief may appoint a member of the New Mexico state police who has at least thirty hours of college credit, and the chief shall determine an appropriate time period after appointment for the member to complete the additional thirty hours of college credit required. This provision shall not apply to officers who are certified and commissioned as of June 30, 2015 in the former motor transportation division or the former special investigations division.
History: 1941 Comp., § 40-206, enacted by Laws 1941, ch. 147, § 6; 1953 Comp., § 39-2-6; Laws 1963, ch. 100, § 1; 1967, ch. 64, § 1; 1973, ch. 37, § 1; 1977, ch. 257, § 23; 1979, ch. 202, § 17; 1993, ch. 70, § 1; 1998, ch. 5, § 1; 2001, ch. 45, § 1; 2009, ch. 55, § 1; 2011, ch. 91, § 1; 2015, ch. 3, § 8.
ANNOTATIONSCross references. — For inapplicability of Criminal Offender Employment Act to law enforcement agencies, see 28-2-5 NMSA 1978.
The 2015 amendment, effective July 1, 2015, provided for the reorganization of the department of public safety by clarifying qualification requirements for members of the New Mexico state police; in Subsection A, Paragraph 3, added the second sentence relating to certain certified and commissioned officers; in Subsection B, added the second sentence relating to certain certified and commissioned officers; and deleted Subsection C.
The 2011 amendment, effective June 17, 2011, supplemented the educational requirement for state police officers by adding, as an alternative to the college credit requirement, a requirement of two years of military or law enforcement service.
The 2009 amendment, effective June 19, 2009, in Paragraph (3) of Subsection A, added "except as otherwise provided in Subsection B of this section", deleted "not less than", and added "at least"; deleted former Subparagraph (b) of Paragraph (3) of Subsection A that required not less than 30 hours of college credit and completion of an additional 30 hours of college credit; and added Paragraph B.
The 2001 amendment, effective July 1, 2001, added Subparagraph A(3)(b).
The 1998 amendment, effective July 1, 1998, rewrote Paragraph A(3); deleted "any" preceding "or" in two places in Paragraph A(4); substituted "pass a physical" for "successfully pass any physical" in Paragraph A(5); and in Subsection B, substituted "A" for "No", inserted "not" following "shall", and substituted "a member of the public safety advisory commission for "any member of the department of public safety advisory commission".
The 1993 amendment, effective June 18, 1993, substituted "twenty-one years of age" for "age of majority and be not more than thirty-five years of age" in Paragraph (2) of Subsection A; deleted former Subsection B which read "Members of the New Mexico state police, including the chief, shall not be over sixty-one years of age"; redesignated former Subsection C as Subsection B; and substituted "department of public safety advisory commission" for "New Mexico state police board" at the end of Subsection B.
Discretion to terminate officer for not passing physical. — The board (now commission) charged with management and control of the department has the discretion to terminate an officer for failure to pass the required physical examination. This is a continuing qualification and members must pass any reasonable physical examination required from time to time. Tafoya v. N.M. State Police Bd., 1970-NMSC-106, 81 N.M. 710, 472 P.2d 973.
Notice and hearing required. — While the board (now commission) may require its officers to submit to and pass any physical examination reasonably required and while the failure to pass may be the basis for a removal proceeding, this is far different from vaulting this section to a power of dismissal at the discretion of the board (now commission) without prior notice and a hearing. Tafoya v. N.M. State Police Bd., 1970-NMSC-106, 81 N.M. 710, 472 P.2d 973.
Nepotism provision controls over general statute. — The general state statute pertaining to nepotism (Section 10-1-10 NMSA 1978) is not applicable in regard to the hiring of state police personnel, but rather this section, which pertains specifically to the state police, is controlling. 1963 Op. Att'y Gen. No. 63-114.
When fully qualified individual not appointed as member. — One who is otherwise fully qualified cannot be appointed as a member of the New Mexico state police if his two years of residency did not occur immediately prior to the time of appointment, but such a person can be accepted by the state police as a candidate to attend the recruit training school. 1962 Op. Att'y Gen. No. 62-120 (opinion rendered prior to 1963 and 1967 amendments).
Prohibited relationship degrees. — It may be said that the officer and his wife stand one and the same, in relation to the collateral line relationship of the wife. This being so, the wife and her brother stand as to one another in the second degree. And continuing one degree further to the son of the aforesaid brother, being also the nephew of the herein considered officer's wife, a prohibited relationship degree exists, e.g., a third-degree separation. 1958 Op. Att'y Gen. No. 58-170 (opinion rendered prior to 1963 and 1967 amendments).
Applicant not considered for state police. — It is not permissible for an applicant to be considered for the New Mexico state police force whose father's sister is married to an officer of said force. 1958 Op. Att'y Gen. No. 58-170 (opinion rendered prior to 1963 and 1967 amendments).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction and effect of state constitutional or statutory provision regarding nepotism in the public service, 11 A.L.R.4th 826.
Sex discrimination in law enforcement and corrections employment, 53 A.L.R. Fed. 31.
81A C.J.S. States § 83.