Friday, June 13, 2014

The People's Trial of Chief of Police Gordon Eden

FOR FAILING TO RESPOND TO REQUESTS FOR  PUBLIC INFORMATION IN A TIMELY MANNER UNDER NM LAW: 10-17-12. [Willful neglect of duty; penalty.] When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such duty, where no special provision shall have been made for the punishment of such delinquency, shall be deemed a misdemeanor, punishable by imprisonment in the county jail for not less than ten nor more than sixty days or by a fine of not less than $100, nor more than $500.

18 USC 118: Interference with certain protective functions
Text contains those laws in effect on June 12, 2014
Any person who knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged, within the United States or the special maritime territorial jurisdiction of the United States, in the performance of the protective functions authorized under section 37 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709) or section 103 of the Diplomatic Security Act (22 U.S.C. 4802) shall be fined under this title, imprisoned not more than 1 year, or both.
(Added Pub. L. 109–472, §4(a), Jan. 11, 2007, 120 Stat. 3555.)

18 U.S. Code § 241 - Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION OF POLICE OFFICER OR TELECOMMUNICATOR CERTIFICATION; REPORTING REQUIREMENTS
 A. Authority - In accordance with the provisions of the Law Enforcement Training Act, NMSA 1978, Section 29-7-13 (Repl. Pamp. 1994), the director may seek to deny, suspend or revoke a police officer’s certification, if after investigation, and consultation with the employing agency, it is determined that a police officer has failed to comply with the provisions
of the Law Enforcement Training Act concerning qualifications for certification as a police officer in the state of New Mexico.
 B. Grounds for police officer - The following conduct by a certified police officer may constitute grounds for denial, suspension or revocation of certification under this rule:
 (1) subsequent conviction, entry of plea of guilty or entry of plea of nolo contendere to any felony charge;
 (2) subsequent conviction, entry of plea of guilty or entry of plea of nolo contendere to any violation of any federal or state law or local ordinance relating to aggravated assault, theft, driving while intoxicated, controlled substances, or other crime involving moral
 (3) making false statements or giving any false information to the academy in connection with an application for admission/certification;
 (4) committing acts which indicate a lack of good moral character, or which constitute dishonesty or fraud, and which adversely affects an officers ability to exercise the duties of a certified law enforcement officer; and
 (5) committing acts of violence or brutality which indicate that the officer has abused the authority granted to him or her as a commissioned law enforcement officer in the state of New Mexico;
 (6) is found to have committed acts which would be grounds for denial of application for admission under NMAC.
 D. Reports - Any agency employing a certified law enforcement officer or
telecommunicator who has committed any act or acts identified in Subsection B or C of NMAC shall report such conduct to the director within thirty (30) days of completing an investigation confirming the alleged misconduct. In every case, alleged misconduct shall be reported to the director if an investigation is ongoing ninety (90) days after the agency receives the initial report of misconduct. An officer or telecommunicator’s resignation or termination from employment does not relieve the agency from its duty to file a misconduct report with the academy. All incidents of misconduct shall be reported when a certified officer or telecommunicator is in violation of NMAC. Law enforcement agencies should undertake a timely and thorough investigation to determine whether an allegation of misconduct has been sustained. For the purposes of this section, “misconduct” is defined as any act listed under section NMAC, even if that act results in termination or resignation. The director shall establish a reporting form to be used in reporting misconduct. An agency’s delay or failure to report misconduct does not divest the board of jurisdiction to take action under Section 29-7-13 NMSA 1978 and Section 29-7C-9 NMSA 1978.
[4-11-93, 10-1-97, 1-1-99; NMAC - Rn, 10 NMAC 29.1.11, 7/1/01; A, 01/01/04; A,


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