New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 10 - PUBLIC SAFETY TELECOMMUNICATOR › Section 10.29.10.11 - FINGERPRINT CLEARANCE FOR ADMISSION/CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Due to the fact that the academy is not recognized by federal
				  regulations as a duly authorized law enforcement agency and therefore cannot be
				  issued an originating agency identification "ORI" to send or receive
				  fingerprint clearances through the federal bureau of investigation, the
				  previous procedures established by the law enforcement academy are repealed and
				  are replaced by the following procedures:
A. All New Mexico public safety
				telecommunicator applicants for certification must receive a fingerprint
				clearance from the department of public safety technical and emergency support
				division and the federal bureau of investigation. No telecommunicator applying
				for telecommunicator certification is allowed to receive an original
				appointment on a permanent basis in New Mexico if the telecommunicator has 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 their
				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 have not been released
				or discharged under dishonorable conditions from any of the armed forces of the
				United States, Section
				29-7C-3
				NMSA 1978.
B. One set (two cards)
				of telecommunicator applicant fingerprint cards will be thoroughly completed by
				the hiring public safety agency and forwarded to the department of public
				safety technical and emergency support division. The department of public
				safety technical and emergency support division will use one fingerprint card
				for a records check with their agency and will forward the card back to the
				hiring agency and will forward the second completed card to the federal bureau
				of investigation identification section for a records check. The department of
				public safety technical and emergency support division will not log in the
				fingerprint cards received from the various law enforcement agencies and will
				not accept inquiries on the status of the fingerprint clearance either for
				department of public safety technical and emergency support division or the
				federal bureau of investigation. Department of public safety technical and
				emergency support division will forward applicant fingerprint requests to the
				federal bureau of investigation within three days upon receipt of the cards.
				Incomplete fingerprint cards or cards not properly completed will be returned
				by the department of public safety technical and emergency support division to
				the requesting agency.
C. All
				fingerprint clearances will be forwarded from department of public safety
				technical and emergency support division and the federal bureau of
				investigation back to the initiating agency. If the "ORI" label on the
				fingerprint card is different than that of the hiring agency, the hiring agency
				requesting the clearance must print their agency's address below the address
				located on the fingerprint card.
D.
				Upon receipt of clearance from both the department of public safety technical
				and emergency support division and the federal bureau of investigation, "no
				record", the hiring agency will be required to complete NMLEA Form LEA-5,
				certified by the department head's signature, and forward this form to the
				academy stating that the telecommunicator is in compliance with Subsection C of
				Section
				29-7-3
				NMSA 1978.
E. Upon receipt of
				information from the department of public safety technical and emergency
				support division and the federal bureau of investigation that the applicant for
				certification has a criminal conviction for a felony crime or crime involving
				moral turpitude, it will be the agency's responsibility to terminate the
				telecommunicator. If there is not adequate information, i.e., no disposition,
				listed on the "rap sheet" it is the agency's responsibility to determine the
				disposition of the case prior to requesting certification of the
				telecommunicator and certifying that the telecommunicator has no record of
				arrest under the provisions of the Public Safety Telecommunicator Training Act.
				In situations in which the agency is unable to determine the disposition of an
				arrest/conviction, the agency should consult the attorney general's office for
				assistance. For guidance in determining whether misdemeanor convictions are
				crimes specifically involving moral turpitude, departments should request the
				assistance of the attorney general's office.
F. No telecommunicator may be certified
				through the academy who has 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 their 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 have not been released or discharged under dishonorable
				conditions from any of the armed forces of the United States. Any department
				head certifying that an officer has "no arrest" for the above and information
				to the contrary is received by the academy or the attorney general's office,
				decertification procedures will be immediately initiated and the public safety
				agency's chief/sheriff or department head notified as well as the attorney
				general's office and the board.