A statewide police misconduct board in New Mexico has shifted its approach to disciplinary transparency by withholding the names of law enforcement officers and public safety dispatchers facing misconduct allegations. Last week, the New Mexico Law Enforcement Certification Board issued notices of disciplinary measures against several officers, but details regarding their identities have not been disclosed.
Previously, the board publicly identified officers under investigation, including their respective law enforcement agencies. However, since August, the board has redacted officer names from public meeting agendas. During a recent meeting, board members voted to refer four cases for suspension of certification and two for revocation. They also accepted settlement agreements in two cases, though specifics regarding these settlements remain undisclosed. Additionally, 17 misconduct cases were dismissed, primarily concerning complaints lodged between 2022 and 2024.
John Heil, a spokesperson for the state Department of Public Safety, stated in an email that the new confidentiality measures aim to “protect the integrity of the Board’s deliberative process and ensure statutory compliance.” Heil referenced a provision of state law indicating that internal affairs and investigative documents used in certification cases should remain confidential. He clarified that once the board issues a notice of contemplated action, the respondent’s name and subsequent case actions become part of the public record.
Despite this, there does not appear to be any provision in New Mexico law that explicitly prohibits the board from publishing the names or agencies of officers accused of misconduct. This practice had been routine until recent months. The New Mexican requested the names and agencies of officers currently under review, including those for whom the board voted to issue notices. As of Friday evening, the department had not provided this information but indicated it would aim to fulfill the request by the morning of December 26, 2023.
The board is obligated to maintain an online database that enables the public to search for the names of officers and dispatchers whose certifications have been affected by misconduct cases. Although such a database exists on the department’s website, it reportedly contains only a fraction of the entries mandated by law. Complaints and settlement agreements related to officer misconduct are generally considered confidential by the state.
The recent move to limit the disclosure of officer names follows a series of internal upheavals within the board. Early this year, Jason Bowie, the Public Safety Cabinet Secretary, was named in a misconduct complaint. This complaint, which alleged interference in the board’s investigations, prompted discussions about the board’s independence. The situation escalated when board members voted to terminate former CEO Josh Calder after a public dispute with Bowie regarding the board’s autonomy.
In the aftermath of Calder’s dismissal, the board experienced significant staffing changes. The interim director, Sonya Chavez, stepped down shortly after Calder’s exit, and the board lost most of its support staff. Currently, several positions within the board remain open, including roles for a manager, business operations analyst, CEO, and attorney. The positions for manager and operations officer are temporarily filled by staff from the Department of Public Safety, while an attorney from the state Department of Justice is assisting the board.
The evolving landscape of police disciplinary practices in New Mexico raises questions about accountability and public trust in law enforcement. As the board navigates these changes, the implications for transparency and oversight remain significant for both officers and the communities they serve.
