10.29.10 NMAC

TITLE 10 PUBLIC SAFETY AND LAW ENFORCEMENT

CHAPTER 29 LAW ENFORCEMENT ACADEMY

PART 10 PUBLIC SAFETY TELECOMMUNICATOR

10.29.10.1 ISSUING AGENCY: New Mexico Law Enforcement Academy - Department of Public Safety, 4491 Cerrillos Road, Santa Fe, New Mexico 87507.

[10.29.10.1 NMAC - Rp, 10.29.10.1 NMAC, 06/27/17]

10.29.10.2 SCOPE: All applicants and certified telecommunicators under the Public Safety Telecommunicator Training Act.

[10.29.10.2 NMAC - Rp, 10.29.10.2 NMAC, 06/27/17]

10.29.10.3 STATUTORY AUTHORITY: Section 29-7C-1 to 29-7C-9 NMSA 1978.

[10.29.10.3 NMAC - Rp, 10.29.10.3 NMAC, 06/27/17]

10.29.10.4 DURATION: Permanent.

[10.29.10.4 NMAC - Rp, 10.29.10.4 NMAC, 06/27/17]

10.29.10.5 EFFECTIVE DATE: June 27, 2017

[10.29.10.5 NMAC - Rp, 10.29.10.5 NMAC, 06/27/17]

10.29.10.6 OBJECTIVE: The purpose of Part 10 is to establish the minimum standards of training for public safety telecommunicators.

[10.29.10.6 NMAC - Rp, 10.29.10.6 NMAC, 06/27/17]

10.29.10.7 DEFINITIONS:

A. “Absence” means a break in employment with a public safety agency as a full time certified public safety telecommunicator.

B. “Academy” means the New Mexico law enforcement academy.

C. “Board” means the New Mexico law enforcement academy board.

D. “Certified” means meeting the training standards established by statute and rules as determined by the New Mexico law enforcement academy board, and fulfilling any in-service training requirements as set forth by the New Mexico law enforcement academy board.

E. “Decertified” means the removal of certification from an individual for failure to comply with the public safety telecommunicator training act and the rules set forth by the New Mexico law enforcement academy board.

F. “Director” means the director of the New Mexico law enforcement academy.

G. “FEMA” means federal emergency management agency.

H. “ICS” means incident command system,

I. “Public safety agency” means a unit of state or local government, a special purpose district or a private business that provides police, firefighting or emergency medical services.

J. “Telecommunicator” means an employee or volunteer of a public safety agency who:

(1) receives calls or dispatches the appropriate personnel or equipment in response to calls for police, fire or medical services; and

(2) makes decisions affecting the life, health or welfare of the public or public safety agency employees.

K. “Separation” means a break in employment with a public safety agency as a full time certified public safety telecommunicator after being employed for a minimum period of five years and having left the public safety agency in good standing.

[10.29.10.7 NMAC - Rp, 10.29.10.7 NMAC, 06/27/17]

10.29.10.8 PUBLIC SAFETY TELECOMMUNICATOR MINIMUM STANDARDS OF TRAINING: The public safety telecommunicator (PST) certification course is a minimum of 130 hours of training in eight blocks of instruction. There will be 12 prerequisite distance learning training hours an applicant must complete prior to attendance at the public safety telecommunicator academy, for a minimum of 118 contact training hours during the course.

A. Block 1: Academy prerequisites - 12 total block hours - This block of instruction must be completed prior to the start of the academy and will establish a foundation for the critical incident management (CIM) and interdisciplinary incident command system (ICS) curriculum as outlined below.

(1) FEMA ICS 100.B: Introduction to incident command system - three hours;

(2) FEMA ICS 200.B: Incident command system for single resource and initial action incident - three hours;

(3) FEMA ICS 700.A: National incident management system, an introduction - three hours; and

(4) FEMA ICS 800.B: National response framework, an introduction - three hours.

B. Block 2: Academy administration - 30 total block hours - This block of instruction is for the administration of the basic public safety telecommunicator academy training program. This includes examinations and reviews, practical exercise, discretionary training time and graduation. The subjects include:

(1) orientation

(2) administrative time

(3) four block examinations;

(a) basic public safety telecommunicator skills;

(b) block legal and crisis intervention/management;

(d) fire/medical and critical incident management.

(4) three practical exercises; and

(a) critical incident management;

(b) crisis intervention and management; and

(5) New Mexico public safety telecommunicator certification examination

C. Block 3: Basic public safety telecommunicator skills - 40 total block hours - This block of instruction will provide the student with a basic understanding of the public safety telecommunications field, common procedures for call processing, applicable technology, and liability.

(1) Introduction to your new career;

(2) interpersonal communications;

(3) telephone communications techniques: call processing;

(4) telephony, traditional technology;

(5) next generation 9-1-1;

(6) telephony: teletypewriter (TTY);

(7) telematics and collision notification systems;

(8) computer-aided dispatch (CAD) and related technologies;

(9) radio communications techniques;

(10) radio technology;

(11) call classification;

(12) national incident management system (NIMS) incident command system;

(13) liability issues; and

(14) preparing for your new career.

D. Block 4: Law - 13 total block hours - This block of instruction will provide a basic understanding of the criminal justice systems at the municipal, county, state and federal levels and the telecommunicator’s role and responsibilities in the criminal justice system. This block will also provide an overview of criminal offenses.

(1) New Mexico administrative code (NMAC) requirements for public safety telecommunicators;

(2) introduction to the criminal justice system;

(3) criminal and traffic related offenses;

(4) laws of arrest;

(5) civil law and liability; and

(6) courtroom testimony.

E. Block 5: Crisis intervention/management - eight total block hours - This block of instruction will provide the telecommunicator with a core understanding of interactions with individuals with mental impairments and crisis management.

(1) People in crisis to include:

(a) mental illness;

(b) developmental disability;

(d) dual diagnosis;

(e) autism;

(f) youth in crisis;

(g) traumatic brain injury; and

(h) excited delirium.

(2) identifying a crisis;

(3) crisis bill of rights;

(4) crisis listening;

(5) behavior and crisis management;

(6) suicide awareness;

(7) barricaded subjects;

(8) hostage situations;

(9) kidnapping; and

(10) domestic violence.

F. Block 6: National crime information center (NCIC) operations - eight total block hours - This block of instruction will provide the student with a basic understanding of the national crime information center (NCIC) system.

(1) 21 NCIC files

(a) stolen articles;

(b) boats;

(d) license plates;

(e) parts;

(f) securities;

(g) vehicles;

(h) supervised release;

(i) national sex offender registry;

(j) foreign fugitive;

(k) immigration violator;

(l) missing person;

(m) protection order;

(n) unidentified person;

(o) protective interest;

(p) gang;

(q) known or appropriately suspected terrorist;

(r) wanted person;

(s) identity theft;

(t) violent person; and

(u) national instant criminal background check system (NICS) denied transaction

(2) federal regulations

G. Block 7: Fire and medical communications - 10 total block hours - This block of instruction will provide a basic overview of fire and medical communications to include: common terminology, apparatus and equipment, and general protocols.

(1) fire and emergency medical services (EMS) terminology

(2) jurisdictional limitations and allowances

(3) fire and EMS call taking and additional considerations

(4) health insurance portability and accountability act (HIPAA)

(5) radio communications

(a) dispatch;

(b) arrival;

(d) wildland fire; and

(e) apparatus

(6) personnel safety

(7) liability

(8) restrictions

(a) New Mexico medical board; and

(b) separate licensing requirements for emergency medical dispatchers

H. Block 8: Critical incident management (CIM) and interdisciplinary incident command system (ICS) - Nine total block hours - This block will cover CIM awareness and the interdisciplinary incident command system.

(1) CIM awareness

(2) hazardous materials awareness

(3) critical incident stress debriefing

[10.29.10.8 NMAC - Rp, 10.29.10.8 NMAC, 06/27/17]

10.29.10.9 STUDENT HANDBOOK, PROCEDURES, AND REGULATIONS: Due to the need to insure that students attending the academy comply with rules and regulations, the director is hereby instructed to prepare a handbook covering student rules and regulations, policies and procedures. Such handbook shall be updated as necessary and when applicable, changes shall be reported to the New Mexico law enforcement academy board at their next regularly scheduled meeting.

[10.29.10.9 NMAC - Rp, 10.29.10.9 NMAC, 06/27/17]

10.29.10.10 PUBLIC SAFETY TELECOMMUNICATOR REGISTRY REPORTING AND APPLICATIONS FOR ADMISSION/CERTIFICATION

A. Reporting requirements

(1) Employment, termination, resignation, or upon receipt of notice of conviction of any felony charge or 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 turpitude of all public safety telecommunicators in the state of New Mexico must be reported to the academy within 30 days of such action.

(2) Required reporting forms shall be established by the director.

(3) All public safety agencies who do not comply with the requirement of submitting to the academy status reports on their employees will not be eligible for training funds or attendance at basic or in-service/advanced training classes until the registry is made current. Repeated failures to maintain the registry shall result in a period of suspension of training eligibility to be set by the director.

B. Application requirements

(1) An applicant for training or for certification, or their agency, must submit the initial application for admission/certification and all necessary paperwork within 30 days of the initial hire date.

(2) Non-compliance with the 30 day application requirement will result in assignment to an academy class after completion of all other requirements herein on a space available basis only -- no special consideration will be given to the applicant, and the applicant must complete their application and initial certification requirements within one year from initial hire date.

(3) No applicant shall be admitted to the academy after one year of initial hire date unless the applicant and the applicant’s chief, sheriff, or agency head certify:

(a) that the applicant was removed from duty as a telecommunicator; and

(b) that the agency will reinstate the telecommunicator based upon the applicant’s successful completion of the basic public safety telecommunicator training course and certification by the board.

(4) The academy shall be notified of any change in the medical or psychological condition of an applicant prior to the applicant’s admission or certification.

(5) Applicants who falsify any information on their application for admission or certification will not be considered for admission or certification.

[10.29.10.10 NMAC - Rp, 10.29.10.10 NMAC, 06/27/17]

10.29.10.11 FINGERPRINT CLEARANCE FOR ADMISSION/CERTIFICATION - Due to the fact that the academy is not recognized by federal regulations as a duly authorized law enforcement agency and therefore cannot be issued an originating agency identification "ORI" to send or receive fingerprint clearances through the federal bureau of investigation, the previous procedures established by the law enforcement academy are repealed and are replaced by the following procedures:

A. All New Mexico public safety telecommunicator applicants for certification must receive a fingerprint clearance from the department of public safety technical and emergency support division and the federal bureau of investigation. No telecommunicator applying for telecommunicator certification is allowed to receive an original appointment on a permanent basis in New Mexico if the telecommunicator has been convicted of or pled guilty to or entered a plea of nolo contendere to any felony charge or, within the three-year period immediately preceding their application, 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 turpitude and have not been released or discharged under dishonorable conditions from any of the armed forces of the United States, Section 29-7C-3 NMSA 1978.

B. One set (two cards) of telecommunicator applicant fingerprint cards will be thoroughly completed by the hiring public safety agency and forwarded to the department of public safety technical and emergency support division. The department of public safety technical and emergency support division will use one fingerprint card for a records check with their agency and will forward the card back to the hiring agency and will forward the second completed card to the federal bureau of investigation identification section for a records check. The department of public safety technical and emergency support division will not log in the fingerprint cards received from the various law enforcement agencies and will not accept inquiries on the status of the fingerprint clearance either for department of public safety technical and emergency support division or the federal bureau of investigation. Department of public safety technical and emergency support division will forward applicant fingerprint requests to the federal bureau of investigation within three days upon receipt of the cards. Incomplete fingerprint cards or cards not properly completed will be returned by the department of public safety technical and emergency support division to the requesting agency.

C. All fingerprint clearances will be forwarded from department of public safety technical and emergency support division and the federal bureau of investigation back to the initiating agency. If the "ORI" label on the fingerprint card is different than that of the hiring agency, the hiring agency requesting the clearance must print their agency's address below the address located on the fingerprint card.

D. Upon receipt of clearance from both the department of public safety technical and emergency support division and the federal bureau of investigation, "no record", the hiring agency will be required to complete NMLEA Form LEA-5, certified by the department head's signature, and forward this form to the academy stating that the telecommunicator is in compliance with Subsection C of Section 29-7-3 NMSA 1978.

E. Upon receipt of information from the department of public safety technical and emergency support division and the federal bureau of investigation that the applicant for certification has a criminal conviction for a felony crime or crime involving moral turpitude, it will be the agency's responsibility to terminate the telecommunicator. If there is not adequate information, i.e., no disposition, listed on the "rap sheet" it is the agency's responsibility to determine the disposition of the case prior to requesting certification of the telecommunicator and certifying that the telecommunicator has no record of arrest under the provisions of the Public Safety Telecommunicator Training Act. In situations in which the agency is unable to determine the disposition of an arrest/conviction, the agency should consult the attorney general's office for assistance. For guidance in determining whether misdemeanor convictions are crimes specifically involving moral turpitude, departments should request the assistance of the attorney general's office.

F. No telecommunicator may be certified through the academy who has been convicted of or pled guilty to or entered a plea of nolo contendere to any felony charge or, within the three-year period immediately preceding their application, 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 turpitude and have not been released or discharged under dishonorable conditions from any of the armed forces of the United States. Any department head certifying that an officer has "no arrest" for the above and information to the contrary is received by the academy or the attorney general's office, decertification procedures will be immediately initiated and the public safety agency’s chief/sheriff or department head notified as well as the attorney general's office and the board.

[10.29.10.11 NMAC - Rp, 10.29.10.11 NMAC, 06/27/17]

10.29.10.12 TEMPORARY AND/OR EMERGENCY CERTIFICATION

A. Procedure

(1) The director may, at his discretion, grant a temporary certification in order to avoid hardships or prevent conflicts within a department arising solely from technical non-compliance with academy board rules.

(2) Said temporary certificate shall be granted only for good cause, proved to the satisfaction of the director, and shall be granted only to persons who have met the minimum standards of training prescribed by the board as well as all other state requirements.

(3) Grounds for granting such temporary certification shall include, but not be limited to the following: a person qualifying for certification by waiver during a period between board meetings.

(4) A temporary certification must be approved and made permanent no later than the next scheduled board meeting.

(5) In the event said certification is not approved and made permanent by the board, the certification shall expire and be of no further force or effect whatsoever.

B. [Reserved]

[10.29.10.12 NMAC - Rp, 10.29.10.12 NMAC, 06/27/17]

10.29.10.13 PUBLIC SAFETY TELECOMMUNICATOR CERTIFICATION EXAMINATION; TIME LIMITATIONS

A. Students who successfully complete a New Mexico law enforcement academy public safety telecommunicator training program will be allowed to take the public safety telecommunicator certification examination. Only those students who have successfully completed all requirements under the minimum standards of training, as determined by the director, will be administered the public safety telecommunicator certification examination.

B. Students will be allowed two opportunities in which to pass the public safety telecommunicator certification examination within one year from the date of completion of a New Mexico law enforcement academy public safety telecommunicator training program. Students who fail the test two times will be required to re-enroll and successfully complete the academy’s public safety telecommunicator training program. Students will not be allowed to attend a regional/satellite program.

C. Students who achieve a passing score on the public safety telecommunicator certification examination will be allowed one year from the date of the test in which to be eligible for certification. Certification can be granted only when the eligible student is hired by a recognized New Mexico public safety agency in a telecommunicator position.

D. If a student secures a public safety telecommunicator position after two years from the completion of the public safety telecommunicator certification examination, they will be required to attend and successfully complete another public safety telecommunicator training program certified by the board.

E. Students who have successfully completed a New Mexico law enforcement academy public safety telecommunicator training program and passed the public safety telecommunicator certification examination will be provided a letter from the director attesting to the student’s eligibility for certification as a public safety telecommunicator in New Mexico.

F. When all paperwork is completed to the satisfaction of the director for any student requesting certification by successful completion of a New Mexico law enforcement academy public safety telecommunicator program, or any other previous comparable training, the request will be submitted to the board for final approval and award of certification under Subsection C of Section 29-7-1 et. al. NMSA 1978.

[10.29.10.13 NMAC - Rp, 10.29.10.13 NMAC, 06/27/17]

10.29.10.14 RENEWAL OF CERTIFICATION AFTER ABSENCE

A. Break in telecommunicator employment

(1) In the event a certified telecommunicator in the state of New Mexico leaves his position for any reason and is not employed as a full-time telecommunicator for a period of more than two years, but less than four years, such telecommunicator will be considered to be decertified, and will be required to meet all current certification requirements of the academy and successfully complete the certification by waiver of previous training program conducted by the academy.

(2) In the event a certified telecommunicator in the state of New Mexico leaves their position for any reason and is not employed as a full-time telecommunicator for a period in excess of four years, such telecommunicator will be considered to be decertified and will be required to meet all current certification requirements and successfully complete the basic public safety telecommunicator training program.

(3) Those persons who hold a valid New Mexico public safety telecommunicator certification and are employed in an administrative capacity as a full-time telecommunicator educator or trainer shall not be deemed to have left their position as a telecommunicator and shall not be required to reapply for certification as specified herein.

(4) The director shall have the authority to determine those positions as administrators or trainers that meet the requirements of 10.29.10 NMAC above.

B. Minimum allowable employment for a break in service - A telecommunicator must show proof of having worked a minimum of six consecutive months during a break in service of two or less years as a full-time telecommunicator for a recognized public safety agency of this or another state to retain their certification.

[10.29.10.14 NMAC - Rp, 10.29.10.14 NMAC, 06/27/17]

10.29.10.15 CONTINUATION OF CERTIFICATION AFTER SEPARATION

A. Eligibility: In the event a New Mexico certified telecommunicator, with five years or more of certified telecommunicator employment, leaves their position in good standing, the telecommunicator will be eligible to continue their New Mexico certification status provided the telecommunicator complies with the procedures outlined below.

B. Procedure:

(1) Every eligible telecommunicator separating from public safety service may continue their New Mexico certification by successfully completing each year an approved 10 hour in-service training program approved by the academy and meeting the statutory mandate of at least two hours in academy accredited interaction with persons with mental impairments training pursuant to Subsection C of Section 29-7-7.5 NMSA 1978. This program will comply with the provisions of 10.29.7 NMAC In-Service Training Requirements.

(2) The telecommunicator must successfully complete the first approved 10 hour in-service training program within two years of separation. Following the initial reporting period, the telecommunicator must report by January 15of each calendar year the approved 10 hour in-service training program by use of the LEA-85B form.

(3) The requirements of 10.29.10 NMAC, Renewal of Certification After Absence will apply to those telecommunicators not in compliance with the provisions of this section.

[10.29.10.15 NMAC - Rp, 10.29.10.15 NMAC, 06/27/17]

HISTORY OF 10.29.10 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under: NMLEA Rule #29, 1981 Police Radio Dispatcher Minimum Standards Of Training, filed 4-24-81; NMLEA Rule #29, Police Radio Dispatcher Minimum Standards Of Training, filed 1-28-82; NMLEA Rule #29, Police Radio Dispatcher Minimum Standards Of Training, filed 8-14-85; Rule #29, Police Radio Dispatcher Minimum Standards Of Training, filed 9-30-85; NMLEA Rule #29, Police Radio Dispatcher Minimum Standards Of Training, filed 4-29-86; NMLEA Rule #E1, Police Radio Dispatcher Minimum Standards Of Training, filed 3-10-89; NMLEA Rule #E1, Police Radio Dispatcher Minimum Standards Of Training, filed 6-20-90; NMLEA Rule #E1, Minimum Standards: Police Radio Dispatcher, Emergency Communicators And Dispatcher Training, filed 2-16-95.

History of Repealed Material:

10.29.10 NMAC, filed 07/01/2017, repealed effective 06/27/2017.