New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 29 - LAW ENFORCEMENT ACADEMY
Part 1 - GENERAL PROVISIONS
Section 10.29.1.8 - REGULATIONS, POLICIES AND PROCEDURES FOR CONDUCTING THE BUSINESS OF THE LAW ENFORCEMENT ACADEMY BOARD

(1) The attorney general shall serve as the chairman of the board and shall preside at all meetings and shall be charged with the responsibility of preserving order and decorum and enforcing these regulations. The chairman shall execute all of those duties commonly performed by a presiding officer.

(2) The vice-chairman shall act in the capacity of chairman in the absence or unavailability of the chairman.

(1) The director shall be the chief executive officer of the academy, and as such, employ necessary personnel; act as executive secretary to the board; issue appropriate certificates to graduates of the academy; and perform all other acts necessary and appropriate to carry out his duties. He shall supervise the operation of the academy as its chief executive officer and shall administer the agency subject to the direction of the board through its official proceedings. He shall perform all duties delegated to the director by law and those customarily exercised by the chief executive officer of a state agency.

(2) The board may direct the director to implement, carry out, or finalize a particular policy or agreement. When the board has so directed; the director is authorized to sign for the board those contracts and other documents customarily signed by the chairman and secretary of the board.

(3) As secretary of the board, the director is responsible for the review and certification of the minutes of the board.

(1) A majority of the board members present shall constitute a quorum for the transaction of business at any regular or emergency meeting. The transaction of the board's business shall be by the vote of the majority of its members present at the meeting. The chairman may vote on any item of business before the board.

(2) If a number of board members less than a quorum shall assemble for any meeting, they may postpone or adjourn that meeting until such time as a quorum can be obtained and notice again given in accordance with the rules herein set forth.

(3) If prior to the commencement of a regular or emergency meeting, the director has received notices that the majority of the members of the board will not be able to attend the meeting, the director may cancel the meeting and is instructed to attempt to give notice of cancellation of the meeting to all board members and the news media.

(4) All meetings of the board shall be open to the public except that the board may exclude the public for the portion of the meeting in which the subject matter being discussed in an adjudicatory matter, a personnel matter or the issuance, suspension, renewal or revocation of a certification, or as otherwise authorized by the New Mexico Open Meetings Act.

(5) The board may request that persons having business before the board, in addition to providing written information for the board to review, appear personally before the board to discuss their item of business.

(6) All meetings of the board that are open to the public shall allow for a portion of the meeting time to be designated for public comment.

(7) The order of business of the board at regular meetings shall be as follows:

(8) The director shall prepare an agenda for each meeting and shall be guided in his preparation of his agenda by consultation with the chairman of the board and the director's staff.

(9) The agenda for an emergency meeting shall specify the items of business to be considered by the board at that meeting. No business other than that specifically stated on the agenda for that emergency meeting shall be considered. The subject matter to be considered at any emergency meeting shall be included in that notice given by the director to the members of the board as required in these regulations and the New Mexico Open Meetings Act.

(10) All meetings shall be called to order and business of the meeting conducted by the chairman of the board, or in his absence, the vice-chairman. Should both the officers of the board be absent from the meeting, if a quorum is present, the board shall designate one of its members to assume the responsibilities of the chairman for that meeting.

(11) The board shall conduct its meetings in a manner consistent with Roberts Rules of Order or other accepted parliamentary procedure as instituted by the chair or otherwise determined by the board. In the event a question as to the proper method of procedure arises in any meeting, the chairman is vested with authority to resolve such question and his decision shall be final.

(12) The director shall send to all board members at least one week prior to the regular meeting date, a copy of the agenda for the regularly scheduled meeting, any documents or other items of information that may assist the board members in preparing for the upcoming meeting, and a copy of all petitions received by the director.

(13) The minutes of each board meeting shall comply with requirements of the Open Meetings Act. The director or his staff are directed to compile the minutes of the meeting from stenographic notes of the meeting, a tape recording of the meeting, or both. After the board approves the minutes of the meeting, the stenographic notes or tape recording of the meeting may be destroyed. The approved minutes of a meeting shall constitute the official record of business transacted at the meeting. The approved minutes of the board meeting shall be preserved in a book of minutes and shall be available for public inspection during normal working hours.

(1) All persons, other than members of the board or its director, desiring to place before the board any item for discussion or item of business for the board's consideration may do so by submitting to the director as early as possible, and no later than 10 days in advance of the regular meeting, a written petition containing:

(2) The director may, in his own discretion or at the direction of the chairman, place any agenda item requested by a timely petition on the agenda of the next regular meeting and notify the petitioner in writing of the time, date, and place of the meeting. The decision as to whether or not to place a petition item on the agenda, and the amount of time allowed to present on the item, may be decided by the director or the chairman, and that decision shall be final.

(3) All petitions received by the director shall remain on file in the office of the board and subject to public inspection.

(1) The board may alter and amend these regulations from time to time as it deems necessary. Alteration or amendment of these regulations may be accomplished by a majority vote of the board after a public hearing for which notice of not less than 30 days has been posted to the board's website and at least one newspaper of general circulation, and provided to any interested parties who have submitted a written request for such notice. The notice shall also state where interested persons may secure copies of any proposed regulations. Changes to the regulations shall comply with requirements under the State Rules Act [Chapter 14, Article 4 NMSA 1978].

(2) At the hearing, the board shall allow all interested persons reasonable opportunity to submit data, views or arguments orally or in writing, and to examine witnesses testifying at the hearing. Any person heard or represented at the hearing shall be given written notice of the actions of the board. The board may designate a hearing officer to take evidence in the hearing. A record shall be made of all proceedings at the hearing.

(3) The board may direct the director to develop proposals for regulations and other guidelines as it feels are necessary for the fair and orderly conduct of the board's responsibilities.

(4) The board shall consider proposed revisions as well as any public comment received prior to adopting any changes. The board shall provide rationale and justification for its decision either through statements made on the record during a public meeting or in a written order.

(1) In computing any period of time prescribed or allowed by these regulations, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday or Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. For purposes of this rule, a legal holiday shall include any day during which state offices are closed for any consecutive period of three hours or more between 8:00 a.m. and 5:00 p.m.

(2) The law enforcement academy will maintain a database of all certified law enforcement officers and public safety telecommunicators that will reflect a valid mailing address for each individual. It will be incumbent on each certified individual to provide the law enforcement academy a current and valid mailing address for the purpose of board communications, notices of hearing, notices of action, and other official means of notification listed within the scope of this rule. Each certified law enforcement officer and public safety telecommunicator will provide notice of change of address in writing by use of the law enforcement academy LEA-82A form within 30 days of any change of address. If an address change is due to termination, resignation, or retirement of a certified individual from a New Mexico public safety agency, the agency may provide a valid mailing address for the individual on the law enforcement academy LEA-82 form. Reporting and notification to the law enforcement academy of valid mailing address information is a requirement of certification maintenance and is the sole responsibility of the certified individual.