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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?