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2009 New Mexico Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagnm0010 and id is 1 raw text is: GARY K KING                                                  AILRT J. LA~MA
Atore General                                        Chie) Dputy Attorney G eneraI
July 15, 2009
OPINION
OF
GARY K. KING
Attorney General                                                 Opinion No. 09-01
BY: Andrea R. Buzzard
Assistant Attorney General
TO: The Honorable John Arthur Smith
New Mexico State Senator
P.O. Box 998
Deming. NM 8803 1
QUESTIONS:
1. Must a deputy sheriff forfeit his position if he has not been awarded a certificate of
completion by the director of the New Mexico Law Enforcement Academy Board
attesting to his completion of an approved law enforcement training program
within twelve months after beginning his employment as a deputy?
2. Pursuant to what authority may a county sheriff or the board of county
commissioners of a county decommission a commissioned sheriffs deputy to
permit that deputy to complete the certification requirements? What process
would be utilized to decommission a sheriffs deputy?  Would a hearing be
required prior to decommissioning a sheriff's deputy for purposes of due process
or otherxx ise'l
3. Absent an express legislative grant, would implying a powxer to decommission a
sheriffs deputy in a county sheriff undermine the legislative grant of authority to
the board of county commissioners to control the demotion and discharge of
deputies and other employees of the sheriffs office where the board of county
commissioners has established a merit system by ordinance pursuant to N\MSA
1978. Section 4-41-5 (1975) and wx here such decommisioning would render a
deputy unable to meet the job requirements?

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