New Mexico § 29-2-11 - Disciplinary proceedings; appeal

§ 29-2-11. Disciplinary proceedings; appeal

A. A New Mexico state police officer holding a permanent commission shall not be removed

from office, demoted or suspended except for incompetence, neglect of duty, violation

of a published rule of conduct, malfeasance in office or conduct unbecoming an officer,

except as provided in this section. A probationary officer not holding a permanent commission may be removed from office,

demoted or suspended in accordance with New Mexico state police rules. B. The secretary may suspend an officer for disciplinary reasons for not more than

thirty days in accordance with New Mexico state police rules without further review

or appeal. C. In the event an officer is removed from office, demoted or suspended for a period

of more than thirty days, the secretary shall provide written notification of the

grounds supporting the action to the officer. The officer may appeal the secretary's action to the commission within thirty days

of the date of receipt of the secretary's written notification. The appeal process shall be public and conducted in accordance with New Mexico state

police rules. D. In the event the commission finds that there is just cause for the removal, demotion

or suspension of the officer for a period in excess of thirty days, the officer may

appeal the decision of the commission to the district court pursuant to the provisions

of Section 39-3-1.1 NMSA 1978 .