A. An applicant for certification shall provide evidence satisfactory to the board that he:

(1) is a citizen of the United States and has reached the age of majority;

(2) holds a high school diploma or the 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 application, 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 and has not been released or discharged under dishonorable conditions from any of the armed forces of the United States;

(5) after examination by a licensed physician, is free of any physical condition that might adversely affect his performance as a police officer or prohibit him from successfully completing a prescribed basic law enforcement training required by the Law Enforcement Training Act;

(6) after examination by a certified psychologist, is free of any emotional or mental condition that might adversely affect his performance as a police officer or prohibit him from successfully completing a prescribed basic law enforcement training required by the Law Enforcement Training Act;

(7) is of good moral character;

(8) has met any other requirements for certification prescribed by the board pursuant to regulations adopted by the board; and

(9) has previously been awarded a certificate of completion by the director attesting to the applicant's completion of an approved law enforcement training program.

B. A person employed as a police officer by any law enforcement agency in this state shall forfeit his position unless, no later than twelve months after beginning his employment as a police officer, the person satisfies the qualifications for certification set forth in Subsection A of this section and is awarded a certificate attesting to that fact.

History: 1978 Comp., § 29-7-6, enacted by Laws 1993, ch. 255, § 6.

Repeals and reenactments. — Laws 1993, ch. 255, § 6 repealed former 29-7-6 NMSA 1978, as amended by Laws 1988, ch. 58, § 1, and enacted a new section, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

Cross references. — For the inapplicability of the Criminal Offender Employment Act to law enforcement agencies, see 28-2-5 NMSA 1978.

Authority to act as a police officer prior to certification. — An officer who becomes employed as a police officer after a break in service that was not intended to circumvent the certification requirement is provided twelve (12) months from the date of the officer's new employment to obtain certification. State v. Reyes, 2009-NMCA-091, 146 N.M. 776, 215 P.3d 85, cert. denied, 2009-NMCERT-007, 147 N.M. 361, 223 P.3d 358.

Where a police officer was employed by a municipal police department and attended the police academy; after two months of employment, the officer dropped out of the police academy due to traffic violations and for two years, obtained different employment; the officer then restarted a career as a police officer by re-enrolling in the police academy and obtaining a job as an officer with a municipal police department; after four months of employment with the police department and while the officer was still in the police academy, the officer arrested defendant; and after the officer arrested defendant, within twelve months of the officer's employment with the police department, the officer completed training in the police academy and received police certification, the officer was authorized to perform the duties of a police officer when the officer arrested defendant. State v. Reyes, 2009-NMCA-091, 146 N.M. 776, 215 P.3d 85, cert. denied, 2009-NMCERT-007, 147 N.M. 361, 223 P.3d 358.

Health inquiry not necessarily excepted from ADA. — The fact that New Mexico law makes good health a prerequisite for police officer certification does not necessarily mean that inquiring into officer's health and terminating him as a result of his response falls within the "job-related and consistent with business necessity" exception of the Americans with Disabilities Act, 42 USC § 12112(d)(4)(A); whether an inquiry falls within this exception is a fact-intensive question, and the existence of the New Mexico law, although it supports such a finding, is only one fact to be considered. Gonzales v. Sandoval Cnty., 2 F. Supp. 2d 1442 (D.N.M. 1998).

Forfeiture of position for failure to receive certificate of completion. — A deputy sheriff must forfeit the deputy sheriff's position if the deputy sheriff has not been awarded a certificate of completion by the director of the New Mexico law enforcement academy board attesting to the deputy sheriff's completion of an approved law enforcement training program within twelve months after beginning the deputy sheriff's employment as a deputy. 2009 Op. Att'y Gen. No. 09-01.

Decommissioning process for failure to receive certificate of completion. — The mechanical process of decommissioning a deputy sheriff, for failure to obtain a certificate under Subsection B of Section 29-7-6 NMSA 1978 or otherwise, is a matter for the reasonably exercised discretion of the sheriff. If a deputy sheriff fails to obtain a certificate, procedural due process would not require a hearing in order to terminate employment as a deputy sheriff and consequent revocation of the appointment or commission to act as such. 2009 Op. Att'y Gen. No. 09-01

A merit system ordinance does not override the forfeiture provision. — There is no indication that the legislature intended that a merit system ordinance enacted by a county pursuant to Section 4-41-5 NMSA 1978, as further authorized by Section 4-41-6 NMSA 1978, overrides the "forfeiture" provision of Subsection B of Section 29-7-6 NMSA 1978. 2009 Op. Att'y Gen. No. 09-01.

Regulations cannot be waived. — A county sheriff and a board of county commissioners do not have the authority to waive or otherwise disregard the regulations promulgated by the law enforcement academy board where a deputy sheriff fails to submit to the department of public safety training and recruiting division an application for certification and required supporting documentation within fourteen days of the deputy sheriff's employment as a deputy sheriff, as set forth in 10.29.9.18 (C) NMAC, or within thirty days of his employment, as set forth in 10.29.9.10 (B)(1) NMAC. 2009 Op. Att'y Gen. No. 09-01.

Must reach eighteenth birthday. — One who has reached his eighteenth birthday is entitled to apply for, and be admitted to, the New Mexico law enforcement academy, provided he meets the other requirements specified in the section. 1971 Op. Att'y Gen. No. 71-126.

Candidate with general discharge from military may be certified. — A candidate for admission to the law enforcement academy who received a general discharge from the military may be certified as a police officer. In order to comply with constitutional and statutory requirements, the academy should evaluate candidates who have received general discharges on an individual basis. The circumstances surrounding the discharge should be evaluated to determine if the discharge was predicated on reasons which would render the applicant ineligible for certification. In the absence of such circumstances, applicants with general discharges should not be excluded solely because they received a general discharge. 1989 Op. Att'y Gen. No. 89-23.

Effect of gubernatorial pardon on eligibility of convicted felon. — An unconditional gubernatorial pardon allows a person convicted of a felony to be eligible for certification by the law enforcement academy for permanent appointment as a police officer. However, if authorized by statute or regulation, a pardoned felon's character and the acts underlying the conviction may be considered in certification or licensing. 1992 Op. Att'y Gen. No. 92-09.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables § 10.

Sex discrimination in law enforcement and corrections employment, 53 A.L.R. Fed. 31.

63 C.J.S. Municipal Corporations § 478 et seq.