New Mexico Administrative Code
Chapter 5 - STATE POLICE
Part 200 - PERSONNEL

Universal Citation: 10 NM Admin Code

Current through Register Vol. 35, No. 6, March 26, 2024

A. Appointments: All state police commissioned officers of the New Mexico state police shall be appointed by the dhief and the appointments ratified by the secretary.

(1) The appointment of commissioned officer personnel may commence after satisfactory completion of all phases of recruit training, statutory requirements and other requirements of the department as determined by the chief.
(a) All recruits, while attending recruit school, serve at the pleasure of the chief.

(b) The physical requirements of recruits are established by the state police training bureau subject to approval of the office of the chief.

(2) Prior to assignment to attend recruit school, all applicants must have a satisfactory background investigation completed.

(3) No person shall be hired as the clerk, deputy or assistant to the current chief or deputy chiefs if they are related to the chief or deputy chiefs within the third degree of consanguinity or affinity, without prior approval of the secretary of the department of public safety. This provision does not apply where the compensation of such clerk, deputy or assistant shall be at the rate of $600.00 per year or less.

B. Probationary status: All full-time personnel will be placed on probationary status at the time of their appointment or promotion.

(1) All personnel will serve a two-year probationary period upon appointment.

(2) Subject to the provisions of 8.2.4 [now Paragraph (4) of Subsection B of NMAC], inclusive, any probationary period may be extended upon recommendation of the chief with the concurrence of the secretary.

(3) Commissioned personnel promoted to sergeant, lieutenant, or captain will serve a probationary period of not less than one year. Officers in exempt ranks (major, deputy chief, chief) do not serve on probation.

(4) If the employee fails to satisfactorily perform the duties and responsibilities of the promoted position during the probationary period, the probationary period may be extended or the employee returned to the former or like position, as determined by the chief, or other action pursuant to Part 100, the Standard of Conduct. Even if any prescribed probationary periods have expired, an employee shall remain on probation until the chief executes written confirmation that the employee has satisfactorily, as determined by the chief, completed the probationary period.

C. Exempt promotions: Promotions to major or deputy chief are exempt promotions and discretionary with the chief.

(1) The exempt rank is essentially a temporary rank for an administrative staff position granted to an officer.

(2) The incumbent, in the exempt rank, will retain his permanent rank status and, if removed from an exempt rank, will return to a rank no less than his permanent rank.

(3) An officer who holds an exempt rank shall enjoy all the privileges and prestige of the rank as though it were a permanent rank.

(4) The incumbent in the exempt rank holds the position and serves at the pleasure of the chief.

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