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Page 131with your hearing officers in formal hearings, where2all these things sort of come to a head.3And there have been quite a few formal4hearings that we've been conducting in the past5several months, more than usual.6cases did not have waivers in place.7much a problem for me personally.8administrative prosecutors have to get the cases ready9really quickly.10And a lot of thoseAnd it's not soBut theIn the past it was the practice where waivers11of the time limits in the administrative codes were12signed off on by the respondent.13time constraints that wasn't alluded to is the14requirement in the rule that a formal hearing must be15held within 90 days of the Board receiving a request16for hearing.And one of the big17So we're working on making sure those cases18get assigned to your hearing officers very promptly.19So then they can issue subpoenas to the counsel for20both sides and they can prepare.21MR. JONES:This was a proposal that was made22August of last year.23And as we move forward with it, we now see some of the24issues that we're having where we're backing up25against some of those time limits that we have.And we've been working on it.

Page 141I would just like the Board to consider that.2And as part of the Director's report, it's something3we're doing.4we're looking at.5Board was magnificent.It handled 67 hearings for6disciplinary actions.And we're magnificent at it.7Right now we only have 26 informals thatAt the last Board meeting, theSo because of some of these issues, we8believe that we can maintain this and keep this from9building and creating a lot of issues for us and1011stacking up in the queue.So with that, sir, the Law Enforcement12Academy is inundated with IPRAs still.13seem to go away.14to live with, and we're running forward.15It doesn'tIt's something that I think we haveWe have a great team on the DPS side in the16LERB, Law Enforcement Records Bureau, who are doing a17great job for us.18there helping us keep it intact and straight.19running with that.20They've got some super people overCHIEF KASSETAS:We'reMr. Chair, before we go on,21I don't know if it's appropriate to ask questions.22have a question about the IPRA issue.23until he's completed or do we ask during the process?2425A.G. BALDERAS:No.IShould we waitWe can ask questionseither during this presentation or I'll leave it to

Page 151the Director.23MR. JONES:Absolutely, sir.If you have aquestion, please.4CHIEF KASSETAS:Not a hard one.Director5Jones, what type of IPRAs are you getting, what are6they related to, are they officer misconduct files or7is it their training history or what is it?8910MR. JONES:Both, sir.Officer misconductsfiled, they want to see what their skill records are,and they want to see what their training history is.11The latest one that we're working on right12now is there is an IPRA where they want to see all13master defense tactic instructors for the last ten14years and every class they've taught for the last ten15years.16So we're trying to go through and compile all17that information now.18They come in in droves.19unmanageable, it's just it's time-consuming to answer20them.21But they're everything, Chief.CHIEF KASSETAS:And it's not that they'reI understand.So the22question I have is, for instance, in my 23-year23career, is my file or my history an LEA public record?2425MR. JONES:sir.Your record in Skills is, yes,

Page 1612CHIEF KASSETAS:Skills.What does that tella person?3MR. JONES:That tells a person when you went4to the New Mexico State Police Academy, when you5graduated, what your LEOCE score was, and then all the6schooling that you've had since then.7And then they come back and they say, oh, we8see that Chief Pete Kassetas was an EVOC instructor.9Then they come back and want to know when you went to10EVOC school and what school was that and was it, you11know, out of state, was it in state.12kind of questions.13They ask thoseSo it just compounds itself.CHIEF KASSETAS:So where I'm going with it14is, at some point -- and I see the Deputy Secretary in15here.16of that stuff could be automated.17record, theoretically anybody could go in and pull up18that stuff if it's not somehow protected.19And we can talk internally at DPS.But a lotIf it's publicSo I think, as we move forward as a Board, we20can work within the constraints or confines of DPS to21see how we can possibly -- and I think some work is22already being done on it to automate this stuff.23if the public wants to look, have at it.24nothing to hide.25MR. JONES:SoThere'sDeputy Secretary Scott Weaver is

Page 171here.2out a way to automate our system.3for IPRA requests that are coming in that could be4automated, but for the registry, the state registry we5have to do every quarter.6automated.7And he is working diligently to try to figureSo not only is itWe'd like to have thatEvery quarter, sir, we're responsible for8sending out to 235 agencies in the State of New Mexico9minus the New Mexico State Police the registry.10Andwhen we get that back, we get that back by hard copy.11And there are 4,800 certified officers in the12State of New Mexico.13of them have coffee spilled on it, some of it is, you14know, legal sheet, some of it is typed, some of it is15not, some of it's handwritten.16So when we get that back, someSo we would like to really get through the17point where we can see if we can't automate a lot of18this stuff at the Law Enforcement Academy.19easier for the public.20about.21sir.So it'sTransparency is what we're allAnd that's where we want to try to move that,22A.G. BALDERAS:23MR. JONES:24CHIEF KASSETAS:25MR. JONES:Great.Any more questions, sir?No.Thank you.Sir, with that, that concludes

Page 181the Director's report.2some of the things we've been able to do.3travel to Hobbs, New Mexico, this last month and help4them with their Day One, which is a 24-hour period5where they take the cadets out.6We're extremely honored to doI got toIt's 24 hours and it's all law enforcement7related.8the cadets learn a lot on team building and about9themselves at the end of that 24-hour period.10And it's action packed, it's fun filled, andSo I was able to take my staff, some new11members of my staff down there, and help Hobbs with12their Day One.13information.14And we're sharing a lot ofLast Friday I was able to have a meeting with15all of the directors from all of the nine law16enforcement academies.17least once a quarter to talk about those requirements18that are high risk; i.e., defense tactics, firearms,19EVOC, officer survival, and see what is happening20across the state and if they've been to any21conferences and if anything is going on that we need22to understand or know about.23We try to get together atSo we've been quite productive since this24last Board meeting.25the opportunity, sir.With that we really appreciate

Page 191A.G. BALDERAS:2MR. JONES:3CHIEF KASSETAS:Great.I stand for any other questions.One more question,4Mr. Chair.5of how many formal hearings we've had in the last6year, like 2014 versus '15?Mr. Director, is there a way to get a list7MR. JONES:8CHIEF KASSETAS:9taking.Yes, sir.And what those times areI'm just going back to that first issue.10get it, not an attorney.11pretty reasonable.12case.13IFor me three months seemsHow do I know, I've never tried aBut I think, if we saw some concrete14information that you could send out to the Board on15this is how it stacks up, it would help us better16determine that.17lean towards the A.G. and his staff to really come up18with what a waiver means and how long are we waiving19it.20And the nonlawyers on the Board wouldAnd some of you have been here longer than I21have.22had cases that were two or three years out with a very23heavy backlog.24of that.25the system if it's impacting the A.G.'s OfficeWe do not want to go back to the days where weI think it's important we stay on topBut there's no reason why we can't better

Page 201essentially.2MR. JONES:Sir, we don't want to go back to3where we're backlogged on disciplinary actions.4Absolutely not.5backlogged cases that we had a year ago.6fair to the officers, not fair to the agencies, and7it's not fair to anybody who wants to hire one of8those officers.9We just finalized some of thoseCHIEF KASSETAS:10MR. JONES:11A.G. BALDERAS:12ITEM NO. 6:13And it's notThank you.Thank you, sir.Thank you.STATUS UPDATE ON 16-WEEK CURRICULUMA.G. BALDERAS:Director Jones, did you14combine your curriculum report with your Director's15report?16MR. JONES:17A.G. BALDERAS:1819No, sir, I did not.I hate to have you playmusical chairs, but you're up for item six.MR. JONES:That's okay, sir.Sir, we've had20several meetings.21since the last Board meeting was myself, Chief McCall,22and Sheriff Waller were asked to see whether or not23the New Mexico Law Enforcement Academy Board wanted to24look at lesson plans or curriculum.25And one of the meetings that we hadAnd it came back that we all believed that we

Page 211want to look at the curriculum, because curriculum2really doesn't change over the course of time.3what we would like to do is that instead of lesson4plans.5AndSo speaking of that, what we handed out was6the old New Mexico Law Enforcement NMAC which was710.29.9.8, Police Officer Minimum Standards of8Training.9curriculum that we're teaching at the New Mexico Law10And I have the 16-week current coreEnforcement Academy.11The change was made after we had several12hearings on it, which started in August of 2013 and13finalized in December of 2013, when the Board voted to14suspend this so that we could move forward and make15the changes in the lesson plans and in the 16-week16core curriculum so that we could improve the academy17and do away with redundancy.18This was not done in a vacuum.It was done19with 33 sheriffs' departments, it was done with the20municipal league which is probably 60 chiefs of police21and their proponents, and the other law enforcement22academies of the State of New Mexico.23to law enforcement agencies across the United States24about what the 16-week core curriculum needed to look25like.We also talked

Page 221With the 16-week core curriculum, where we2are now, we're right in the middle of where the 503states have their core curriculum.422 weeks, 26 weeks, other states have as little as512 weeks.6the middle.7basic law enforcement academies are.89And we have 16 weeks.So we're right inAnd we fall within the majority of whereSo far we've done 19 16-week academies.We've talked to many of the agencies and the sheriffs10out there.11core curriculum.12Some states haveAnd they are all in favor of the 16-weekThe only thing that we would like to look at13is that 16-week core curriculum really won't change14unless it's changed by the Board or there's something15out there that happens that we need to move and we16need to take EVOC out or something like that because17we're all going to go, you know, to driving air cars18or something, whatever happens in the future, or the19cars are driving themselves.20change it.21However we have toBut that core curriculum is going to change.22But it gives the opportunity for the people who are23writing the lesson plans to write the lesson plans24that fall underneath that.25We believe in constitutional policing.

Page 231That's what the nine academies have gone to.2talk about the academies themselves and what we want3to do for the day they enter the academy until the day4they leave a basic law enforcement academy, it's all5based on constitutional policing and where we need to6head that way.7ITEM NO. 7:It is accepted across the nation.DISCUSSION OF PROPOSED CHANGES TO89When we10.29.9 NMACMR. JONES:I would like now for us to move10back and put 10.29.9.8 back into the NMAC with the11current core 16-week curriculum that we have.12you have in front of you is the 22-week core13curriculum, this one with the NMAC change.14like to be able to move and put that in there.The oneSo I would15We'll have to do a rule change.16like to be able to start that rule change at this17Board meeting so that we can move forward at the next18Board meeting and put it out for public comment.19And I wouldAs we put it out for public comment, then20they can look at it, see what the 16-week core21curriculum looks like, and then we'll move forward22with it from there.23And within 90 days after we do public24comment, then the Board can come in and vote and have25discussions on it, listen to those individuals that

Page 241disagree with the 16-week core curriculum, listen to2those who like the 16-week core curriculum.3And whatever the lesson plans are and what4the core curriculum brings, we can do that discussion5sometime after this next Board meeting, when we put it6out for public comment.7MR. WORD:Mr. Chair, Members of the Board,8if I can just clarify for the record.9Director Jones, you went ahead and started item seven10I think,on the agenda?11MR. JONES:12MR. WORD:Yes, sir.Okay.I just want to make sure13the record is clear.14and seven in that discussion.So you included both item six15MR. JONES:16CHIEF KASSETAS:They are equal and connected.Mr. Chair, Director, you're17saying that the 16-week academy, since we changed it,18there have been 19 academies that have went through?19MR. JONES:20CHIEF KASSETAS:Yes, sir.And they're well received21and the chiefs and sheriffs like it and we're meeting22the minimum basic requirements outlined by NMAC in the2316 weeks?24MR. JONES:25CHIEF KASSETAS:Yes, sir.And all you're doing is

Page 251taking the 16-week program and putting it back into2NMAC for Board oversight for curriculum only, not3lesson plans, correct?4MR. JONES:5CHIEF KASSETAS:Yes, sir.And in doing that, does that6change any of the standards -- because we went through7this exercise and I really don't want to go through it8again.9qualifications or physical fitness entry and exit, do10Does that change any of the standards forthose still stay the same?11MR. JONES:12CHIEF KASSETAS:13MR. JONES:They stay the same sir.Okay.So all the standards stay the14same as to what they've been for the last 19-week15academy.16Enforcement Academy and the eight satellite academies,17are maintaining the same standards, the physical18entrance standards, the physical exit standards.19All nine law enforcement academies, the LawAnd I think it was on a curriculum, Chief.20Was that listed on the curriculum we just handed out21for 16 weeks?22232425CHIEF KASSETAS:Yes.I just wanted to makesure.MR. JONES:That will stay unless the Boardwould like to readdress that.All those standards for

Page 261entrance and exit will stay the same.2physical agility tests, the last two physical agility3tests that you have to do to exit the Law Enforcement4Academy in the last week of the academy.5the same.6MR. KEY:And so will theThey remainMr. Chairman and Mr. Director, so7you're saying the current administrative code that was8adopted in 2001 or thereabouts, this has been out of9date for about 13, 14 years?10MR. JONES:11MR. KEY:12MR. JONES:No, sir.As published and approved?This was published and approved.13And what the Board did was, in August of 2013, we had14a special Board meeting to change and take out the15redundancy that was in the 22-week program and to16reduce it to the 16 weeks after all the academy17directors looked at it and the law enforcement18agencies looked at it.19Once they came in, we looked at what the2016-week core curriculum was going to be.21presented it to the Board.22Then we put it out for public comment.23for public comment and it came back.2425And weThe Board looked at it.It went outAnd we had a Board meeting in November afterthe public comment for September, October, November,

Page 271for the 90 days.2it.3The Board voted on it.4final Board meeting in December to ratify it to bring5it into line in January of 2014.There was nobody that disagreed withAll the agencies came in and talked about it.6And then we waited for theCHIEF KASSETAS:Mr. Chair, if I may.A7point of clarification.8Board inadvertently -- and if I remember this9correctly, because Chris was here and Jaime, this10When we did this in 2013, thecurriculum was controlled by NMAC.11So the directors change from time to time at12the LEA academy.13a block of underwater basket weaving, he can just do14it now.15So if Jack decides he wants to teachHe doesn't have to get Board approval.With this move, what we did, when we made16this move to the 16-week academy, the Board gave all17of the power and decision-making to the Director,18which has turned out well.19very well vetted, we like the curriculum.20The 16-week academy isHowever, this move, if I'm right, I'm21tracking this right, puts it back in NMAC.22Board would have oversight, right?23Director come in here and take week 15 out, which24happens to be --25MR. JONES:So theAdministrative.You cannot as aThat is the

Page 281physical fitness and the administrative.2CHIEF KASSETAS:3firearms.4approval.Yes.Week 15, basicYou can't take that out without Board5MR. JONES:6CHIEF KASSETAS:Right.And I think that's a good7balance and control for the Director and the academy.8And, Rick, if that's the way I kind of remember back9in '13 how it rolled out, we're just going back to10that oversight, not going lesson plan by lesson plan11because we don't have time.12and his staff.13I remember it.14That's the Director's jobIt's the overall core classes the wayA.G. BALDERAS:Director Jones, I'm going to15take a little discretion here because I think Board16Member Key has raised a good question.17Member Kassetas is probably assisting you in what I18should have probably clarified at the beginning of19this agenda point.20And BoardAnd I'll direct this question to you.And21maybe some questions can flow from that I guess.22You're asking us to consider for just proposal23condition to consider going out to a rulemaking24process to add what could be an old curriculum point25that was already in the administrative code and got

Page 291inadvertently taken out at some point?2I guess what I'm asking you to do now is3could you quickly give us a quick procedural history4of how this got taken out.5context or counsel.6And that will give me someAnd then secondly, I would like to know7before our Board engages in questions, and I think8they're already eloquently getting to some of those9concerns, what the benefits are legally or necessarily10that this curriculum needs to be in the administrative11code for public not only awareness, but that they can12also weigh in in the rulemaking process.13So I think those two pieces are important14before your request of considering proposed rule15changes.16If you or counsel would clarify those.MR. JONES:I would like to ask Mr. Word if17he would help me with this.18MR. WORD:Attorney General Balderas, Members19of the Board, I'll try to summarize the history.20years and years, the curriculum, which is the minimum21standards of training for all the state's law22enforce

Page 3 1 AGENDA ITEM INDEX 2 ITEM PAGE 3 1 Call to Order 4 4 2 Roll Call 4 5 3 Approval of Agenda 5 6 4 Approval of Meeting Minutes (June 9-10, 2015) 7 7 5 Director's Report 8 8 6