By JARET MCDONALDI believe SB-203 has the potential to poorly serve New Mexico, especially smaller counties like Los Alamos. “One size does NOT fit all.” The needs and requirements of Bernalillo County (pop. 674,221; 1,161sq mi) are not the same as those of Los Alamos County (pop. 17,798; 109 sq mi). As written, the proposed bill fails to provide for the varying needs of the diverse counties in New Mexico, especially Los Alamos.
In Los Alamos, as per County Charter, the Sheriff has no real law enforcement roles or duties. The Los Alamos County Charter defines the role of Sheriff as:
304.4. Duties of the Sheriff, Police Department and Peace Officers. The Council shall establish as a department of the County, [sic] a Police Department to be charged with conserving the peace and enforcing the laws of the State and the ordinances of the County. The Sheriff shall have those powers and duties assigned to sheriffs by state statutes, including the powers of a peace officer, but the Sheriff shall not duplicate or perform those duties in this Charter or by ordinance or resolution assigned or delegated to the County’s Police Department.
According to the Los Alamos County Charter, the role of our Sheriff is very limited. It excludes the performance of law enforcement duties. Enforcement is the responsibility of our Police Department. This assignment and delegation of responsibilities is very different from other counties in New Mexico. The main issue with SB-203 is that it fails to provide the flexibility to serve the needs of all New Mexico counties. SB-203 states:
SENATE BILL 203
52nd legislature – STATE OF NEW MEXICO – second session, 2016, introduced by Michael Padilla.
AN ACTRELATING TO COUNTIES; PROVIDING FOR QUALIFICATIONS TO SERVE AS SHERIFF.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 4, Article 41 NMSA 1978 is enacted to read:
“[NEW MATERIAL] SHERIFF–QUALIFICATIONS.–
A. In addition to other requirements imposed by law, in order to be elected or appointed as a sheriff, a person shall meet the following qualifications:
(1) be at least twenty-one years of age;
(2) have at least seven years of professional law enforcement experience;
(3) be a resident of the state and of the county for which the person is seeking to be elected or appointed sheriff for at least one year;
(4) not have been convicted of a felony;
(5) hold a certificate attesting to completion of a basic law enforcement training program pursuant to Section 29-7-6.1 NMSA 1978; and
(6) not have been recalled from public office.
B. A candidate for election to the office of sheriff shall certify by notarized affidavit that the candidate meets the qualification requirements of Subsection A of this section to be filed with the declaration of candidacy.
C. A voter may challenge the candidacy for election to the office of sheriff of any person seeking nomination on the grounds that the person seeking nomination does not meet the qualification requirements of Subsection A of this section. The challenge shall be made by filing a petition in the district court within ten days after the last day for filing a declaration of candidacy or a statement of candidacy, which petition shall be heard in the same manner as provided in Subsection F of Section 1-8-26 NMSA 1978.”
As you can see, items (2) and (5) are not necessary nor needed for Los Alamos:
(2) have at least seven years of professional law enforcement experience;
(5) hold a certificate attesting to completion of a basic law enforcement training program pursuant to Section 29-7-6.1 NMSA 1978.
If the bill passes, there is a possibility of no term limits on the Sheriff position in smaller counties,as the qualifications would be difficult to meet. The bill should include language to exempt smaller counties, or the bill should be struck down.
I appreciate our Sheriff’s attempt to make the office more professional. However, this bill sets qualifications that may be needed in Bernalillo County, but are excessive for the Sheriff’s role in Los Alamos, since the Charter excludes law enforcement duties for the Sheriff. If passed, this bill would eliminate many otherwise qualified candidates in Los Alamos. If you feel as I do, please let your State Representatives know that this bill must be amended or defeated.