------CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. O-26-23 ENACTMENT NO. ___________________________
SPONSORED BY: Renée Grout, Tammy Fiebelkorn, Nichole Rogers
ORDINANCE
title
Amending The Police Oversight Ordinance To Clarify The CPOA’s Authority To Investigate APD Personnel (Grout, Fiebelkorn, Rogers)
body
Amending the Police Oversight Ordinance to Clarify the CPOA’s Authority to Investigate APD Personnel.
WHEREAS, The Civilian Police Oversight Agency (CPOA) was established to provide independent oversight of misconduct allegations involving Albuquerque Police Department (APD); and
WHEREAS, Civilian Oversight has historically included review and investigations of complaints involving APD personnel performing public-facing and enforcement-related functions; and
WHEREAS, APD has expanded the use of non-sworn personnel performing duties that involve direct interaction with the public and functions historically associated with law enforcement; and
WHEREAS, Members of the public reasonably perceive such personnel as public safety officials; and
WHEREAS, Complaints frequently involve both sworn and non-sworn personnel in the same incident, requiring consistent and unified review; and
WHEREAS, Clarifying ordinance language will ensure transparency, consistency, and public confidence in civilian oversight.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. The Police Oversight Ordinance, Chapter 9, Article 4, Part 1 of the Revised Ordinances of Albuquerque, 1994, is hereby amended as follows:
§ 9-4-1-4 CIVILIAN POLICE OVERSIGHT AGENCY.
(D) (1) For the purpose of this Ordinance, APD personnel subject to CPOA jurisdiction includes APD sworn officers and the following non-sworn personnel employed by the Albuquerque Police Department:
(a) Police Safety Aides;
(b) Transit Safety Officers;
(c) Prisoner Transport Unit Officers; and
(d) any other non-sworn APD personnel who:
(i) engage in direct interaction with members of the public;
(ii) exercise enforcement, regulatory, or public safety related
authority;
(iii) perform duties historically or operationally associated with law enforcement, for example responding to calls for service, conducting traffic or crash-related functions, preparing reports, or participating in investigations;
(iv) wear uniforms, operate marked vehicles, or otherwise present as public safety or law enforcement personnel; and
(v) utilize on-body recording devices or other recording systems in the course of official duties.
(2) The jurisdiction of the CPOA shall not be limited or avoided by job title, classification, employment status, or the creation of new units, programs, or positions within APD where such personnel perform functions described in this Ordinance.
(3) Nothing in this section shall be construed to limit the authority of the CPOA to investigate non-sworn APD personnel when such personnel are subjects of complaints arising from the same incident as sworn APD personnel.
SECTION 2. SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 3. COMPILATION. SECTION 1 of this Ordinance amends, is incorporated in, and is to be compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 4. EFFECTIVE DATE. This Ordinance takes effect five days after publication by title and general summary.
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