(A) Composition. The Board shall be composed of five at-large members who broadly represent the diversity and demographics of the city by way of, including but not limited to, cultural, gender and geographic diversity; and who are representative of the stakeholders of the police oversight process, and who reside within the City of Albuquerque.
(B) Qualifications. In addition to the composition standards set forth above, the following are the minimum qualifications for members of the Board:
(1) Have not been employed by APD for at least three years prior to appointment, or have not been employed by other law enforcement departments for at least one year prior to appointment; and
(2) Successfully pass a background check; and
(3) Personal history lacking any pattern of unsubstantiated complaints against APD; and
(4) A demonstrated ability to engage in mature, impartial decision making; and
(5) A commitment to transparency and impartial decision making; and
(6) Residency within the City of Albuquerque.
(C) Appointment of Members. The City Council shall establish a well-publicized, fair and equitable application process for appointment to the Board, and for filling vacancies. The City Council, through its staff, shall accept applications from prospective Board members. Staff shall formulate recommendations for appointments based on evaluation of the qualification criteria listed in subsections (A) and (B) above and submit recommendations for appointment(s) to the City Council for its approval. Staff shall establish written policies and procedures for its administration of this process. If a member is eligible for reappointment, that member may request reappointment without a formal application process and the City Council may reappoint accordingly.
(D) Timeline for Filling of Vacancies. The Director shall notify the President of the City Council of a forthcoming vacancy on the Board at least 60 days prior to the expiration of a Board member's term, and within five days of the resignation of a Board member. The City Council shall act on an appointment to fill the vacancy within 60 days of the Council President's receipt of notice from the Director.
(E) Membership Term. Board members shall serve a maximum of two three-year terms on a staggered basis so that no more than three of the members are eligible for reappointment or replacement each year.
(1) If a member is appointed to fill an unexpired term of another person, that term shall not be considered a term for the purpose of this limitation if the time remaining in the term at the time of the appointment is one year or less.
(F) Removal of Members. Any Board member may be removed for cause by a two-thirds majority vote of the City Council. In addition to any other reasonable cause, any conduct inconsistent with the requirements and provisions of this article, or a demonstrated inability to objectively adjudicate civilian police complaints, shall constitute cause for removal.
(1) The appointment of any member who has been absent and not excused from three consecutive regular or special meetings automatically terminates on the date the third consecutive absence occurs.
(2) The appointment of any member who has not completed the training required by subparagraph (G)(2), below, automatically terminates if all initial training is not fully completed within an additional 30-day grace period from the expiration of the six-month deadline, or one-year deadline to complete the Civilian Police Academy. However, if any training is not completed because the training was not made available by the city, the 30-day grace period is extended to include the timeframe within which the training is offered and can be reasonably completed.
(3) The appointment of any member who has not completed the training required by subparagraph (G)(3), below, automatically terminates if the eight hours of required on-going training is not fully completed within an additional 30-day grace period of the anniversary date of the member's appointment. However, if any training is not completed because the training was not made available by the city, the 30-day grace period is extended to include the timeframe within which the training is offered and can be reasonably completed.
(4) The Contract Compliance Officer shall notify any member whose appointment has automatically terminated and shall within five days report to the City Council President that a vacancy exists requiring an appointment for the length of the unexpired term. The appointment of a new member to fill the resulting vacancy is subject to the timelines established by paragraph (E), above.
(G) Orientation and Training. Upon initial appoint ment Board members shall complete an orientation and training program consisting of the following:
(1) Required Orientation. Prior to participa tion in any meeting of the Board, a newly appointed member must first:
(a) Be trained by the CPOA staff or CPOA legal counsel on CPOA policies, and procedures; and
(b) Attend at least one Board meeting as an observer (except for reappointed members).
(2) Required Training. The city shall provide, and each Board member shall complete, a training program within the first six months of the member's initial appointment, unless a different deadline is stated, that consists, at a minimum, of the following:
(a) Training on the 2014 DOJ Settlement Agreement with the City of Albuquerque (or any subsequent agreements), and Findings Letter of April 10, 2014 (or any subsequent findings letters);
(b) Training on this ordinance and the duties, obligations, and responsibilities that it imposes on Board members and the CPOA;
(c) Training on State and local laws regarding public meetings and the conduct of public officials, including but not limited to inspection of public records, governmental transparency, ethics;
(d) Training on civil rights, including the Fourth Amendment right to be free from unreasonable searches and seizures, including unreasonable uses of force;
(e) Training on all APD policies related to use of force, including policies related to APD's internal review of force incidents;
(f) Training provided to APD officers on use of force;
(g) Completion of the following portions of the APD Civilian Police Academy. This training must be completed within one year from the member's initial appointment, subject to the provisions of § 9-4-1-5(F)(2), above.
(i) Recruiting (one hour);
(ii) Basic Training (one hour);
(iii) Field Training and Evaluation (FTEP) (one hour);
(iv) Field Services (one hour);
(v) Response to Resistance (three hours);
(vi) Crisis Intervention/COAST (three hours);
(vii) Community Policing (one hour);
(viii) Impact Investigations (one hour);
(ix) Active Listening and De-Escalation (three hours);
(x) SWAT (one and one-half hours);
(xi) Less Lethal Options (three hours);
(xii) Reality Based Training Part 1 (three hours); and
(xiii) Reality Based Training Part 2 (three hours);
(h) At least two APD ride-alongs;
(i) Internal Affairs training;
(j) A briefing that identifies and explains the curriculum of all training currently received or anticipated to be received by APD officers, including any outside training not provided by the city; and
(k) Professionalism training that educates Board members on proper professionalism when interacting with Agency staff and other city employees, members of the public, and other Board members.
(3) Required On-Going Training. Board members shall receive eight hours of annual training to include but not be limited to:
(a) any changes in law, policy, or training in the areas outlined under subsection (G)(2) above, as well as developments in the implementation of the 2014 DOJ Settlement Agreement (or any subsequent agreements) until such time as the terms of the agreement are satisfied; or
(b) If a Board member elects to attend the annual NACOLE conference, attendance may satisfy no more than four hours of a Board member's on-going annual training requirements.
(c) In addition to the eight hours of on-going annual training, Board members shall also participate in at least two police ride-alongs for every six months of service on the Board.
(4) Recommended Training. Board members are encouraged to attend conferences and workshops relating to police oversight at city expense depending on budget availability. The Director, in collaboration with the city and APD, shall maintain training opportunities for members that include, but are not limited to:
(a) Annual firearms simulation training; and
(b) Equity and Cultural Sensitivity training;
(5) The CPOA and APD shall jointly create and maintain a Board training calendar that outlines the dates in which the required and recommended training opportunities outlined in this subsection (G) are available to members of the Board. The calendar shall be provided to the City Council for its information within 90 days of its creation or any subsequent changes or updates.
(6) The Contract Compliance Officer shall track training progress for each Board member, and verify completion of the Initial and on-going training requirements for each Board member. The Director may contract with outside, neutral trainers or training resources in order to effectively implement any of the training called for in this subsection (G), above.
(7) Each member of the Board shall be paid a $500 honorarium upon completion of their Initial Orientation and Training as outlined in § 9-4-1-5(G)(1) - (2). Each member of the Board shall be compensated $250 upon completion of their annual Required On-Going Training as outlined in § 9-4-1-5(G)(3). The honoraria outlined within this subsection will begin in FY 24.
(H) Chair. The Board shall elect one of its members as the Chairperson and one as Vice- Chairperson, who shall each hold office for one year and until their successors are elected. No officer shall be eligible to immediately succeed himself or herself in the same office. Officers shall be elected in the month of March of each calendar year or upon vacancy of an office to fill the remaining term.
(I) Subcommittees. The Board may appoint such subcommittees as are deemed necessary or desirable for the purposes of §§ 9-4-1-1 through 9-4-1-14, provided that, membership on such subcommittees shall be limited to Board members and the Board shall strive to evenly distribute subcommittee membership among the entire Board. Subcommittees shall comply with the New Mexico Open Meetings Act.
(J) Meetings. The Board shall conduct regularly scheduled public meetings in compliance with the New Mexico Open Meetings Act, with a prepared agenda that is distributed in advance to the Mayor, City Council, Police Chief, and City Attorney.
(1) Public Comment. The Board shall allow comment on each of its agenda items other than Citizen Police Complaints.
(K) Subpoenas.
(1) The CPOA is authorized to issue subpoenas only as necessary to investigate civilian complaints, or to audit and monitor incidences of use of force by police.
(2) Prior to seeking a subpoena, the Executive Director must make a reasonable attempt to exhaust all other avenues for obtaining the information sought.
(3) In order to issue an administrative subpoena, the Executive Director must ensure that:
(a) the inquiry is within the authority of the CPOA;
(b) the demand is not too indefinite;
(c) the information is relevant to the purpose of the investigation; and
(d) all other criteria for the issuance of an administrative subpoena as set forth by New Mexico law are met.
(4) The Executive Director must consult the CPOA's legal counsel prior to issuing a subpoena.
(5) Subpoenas shall be served in a manner that complies with all requirements for administrative subpoenas under New Mexico Law.
(6) A subpoena must provide at least 14 calendar days' notice prior to the deadline for responding to the subpoena to:
(a) the subpoenaed person or entity;
(b) any individual or entity that is the subject of subpoenaed records; and
(c) the City Attorney for the City of Albuquerque.
(7) The subpoena and notice to third parties must include a citation to this section and state that the recipient has the opportunity to challenge the subpoena to the Board or in the district court having jurisdiction.
(8) The summoned person or entity or any person or entity that is the subject of subpoenaed records may petition the Board or the district court of the county where he or she resides to vacate or modify the administrative subpoena.
(9) In the case of a refusal to obey a subpoena issued to any person, the Director may make application to the District Court in the state having jurisdiction to order the witness to appear before the Board and to produce evidence if so ordered, or to give testimony touching on the matter in question.
(10) Any summoned person may, at his or her own expense, be represented by legal counsel during all CPOA or Board proceedings.
(11) The CPOA and Board shall not disclose any record obtained as a result of a subpoena that is protected or confidential by law, ordinance, policy, or the CASA.
(L) Job Description. The Director shall draft a job description that informs Board members of their roles, responsibilities, and specific expectations of a Board member. The Director shall present the proposed job description to the City Council for final approval. In the event that the City Council determines that the Director's proposal fails to accurately describe the Board's duties, the City Council may amend it as appropriate. Each member of the Board shall sign the job description to affirm their understanding of their obligations to the Board.
(M) Stipend. Each member of the Board shall be compensated at a rate of $100 per regular meeting of the Board, not to exceed $200 per month per Board member. The stipend outlined within this subsection will begin in FY 24.
(Ord. 2014-019; Am. Ord. 2015-006; Am. Ord. 2016-013; Am. Ord. 2019-007; Am. Ord. 2022-007; Am. Ord. 2022-019; Am. Ord. 2023-004)