BYLAWS OF THE
NEW MEXICO GANG INVESTIGATORS ASSOCIATION
Adopted on September 25th, 2020; Amended on October 28th, 2020; Amended on July 15th, 2021
Article I - Name and Seal
Article II - Purpose and Functions
Article III - Membership
Article IV - Meetings
Article V - Fiscal Matters
Article VI - Officers
Article VII - Executive Board
Article VIII - Committees and Advisors
Article IX - State Regions
Article X - Discipline
Article XI - Amendments
Article XII - Policy Manual
Article XIII - Certification
Name and Seal
Section 1. Name
The name of this organization is the New Mexico Gang Investigators Association, hereinafter referred to as NMGIA or the Association. The NMGIA shall be organized as an educational non-profit corporation.
Section 2. Seal
The seal of the NMGIA shall be in such form and design as the Executive Board may select and shall bear the name of “New Mexico Gang Investigators Association.” The seal shall remain the property of the NMGIA and may not be used without the prior, express, written permission of the Association President.
Section 3. Principal Place of Business
The principal place of business of the association shall be at Santa Fe, the County of Santa Fe and the State of New Mexico.
Purpose and Functions
Section 1. Purpose
The purpose of the NMGIA is to increase the awareness of gangs and gang activity within the State of New Mexico and to assist criminal justice professionals in recognizing and combating gang activity. The NMGIA is committed to providing current information and establishing a network between the NMGIA membership, fellow associations, criminal justice agencies and the State Legislature.
Section 2. Functions
The functions of the NMGIA are to:
a) Promote a closer coordinated relationship among gang investigators with views towards a more extensive and rapid dissemination and exchange of information concerning gang-related incidents, suspects and investigations;
b) Encourage and support legislation that would tend to decrease or curb the occurrence of gang-related crimes;
c) Aid and assist the judiciary and related agencies in the adjudication of criminal defendants;
d) Solicit the support of the public that they themselves might be better protected and educated in the prevention of any organized criminal activity;
e) Work to develop and promote community partnerships between criminal justice agencies and the private sector with the goal of reducing gang crime and involvement of youths in criminal gang activity;
f) Encourage the development of new methods and techniques that will assist investigators in the identification and apprehension of gang members suspected of crimes;
g) Cooperate with all agencies, governmental and private, who are attempting to develop new techniques and systems;
h) Support and promote a mix of Prevention, Intervention, Education, and Enforcement programs and initiatives to identify and deter at-risk individuals from involvement in criminal gang activities.
i) Endeavor to provide training on gangs, other organized criminal activities, tactics, philosophies, etc., to members along with criminal justice professionals and the community upon request.
j) Enhance official understanding on the importance of gang investigations and encourage general recognition of the practice of such as a professional field;
k) Develop standards of competency for the profession and support professional standards of career development for gang investigators, including pre-employment education, standards of recruiting and selection, training, and programs for continuing professional development;
l) Recognize and reinforce the concepts of professionalism, integrity, dedication to service, and outstanding contributions among gang investigators;
m) Facilitate improved performance quality in gang investigations by furnishing advisory and related services;
n) Conduct research studies related to gangs and gang activity; and
o) Provide mechanisms for the dissemination of information regarding gangs and gang activity.
Section 1. Eligibility
Membership in NMGIA is open to all law enforcement officers, correctional officers, probation and parole officers, juvenile and youth services officers, city, state, federal intelligence and investigations officers, city attorneys, county / district attorneys, state attorneys, or US attorneys, judges, and other Criminal Justice professionals with an interest in gang activity, who are of high moral character, who have demonstrated a high degree of integrity, and who agree to follow and adhere to the Bylaws of NMGIA.
a) Membership shall be open to all qualified persons within the State of New Mexico and the United States. Membership shall not be denied or refused based on race, color, sex, national origin, religion, age, equal pay, disability, or genetic information.
b) Each member of the Association shall support the purpose of the Association, and is subject to additional requirements, or exceptions, as the Board, in its discretion believe appropriate. Each member shall uphold these Bylaws.
c) Each member shall maintain on file with the Board a correct and current mailing address, email address, and contact telephone number to enable communication of Association business.
d) Continued membership privileges require prompt payment of renewal membership fees.
e) Active members in good standing who retire shall be entitled to continue their membership in the Association by payment of their dues.
f) Any active member who retires may petition the Executive Board for Life-Time Membership status.
g) No member of the Association shall express an opinion or endorse any proposition or candidate for political office, while representing the views of the New Mexico Gang Investigators Association, without the sanction of a majority of the Board.
h) The Board shall resolve all questions pertaining to eligibility for or continuance of membership in NMGIA. The Board may waive eligibility requirements as set forth herein when, in its judgment, such action would serve the best interests of NMGIA.
Section 2. Application
Applications or nominees for membership must be sponsored by a Regular member in good standing or by a member of the Executive Board.
a) Candidates for membership shall complete an application and attach a copy of the applicant’s professional identification / credentials, either in writing or electronically on the proper NMGIA form and submit both with dues payment.
b) All applications for membership shall be acted upon by the Secretary. Should an applicant appear not to meet the membership criteria or should there be a question relative to the class of membership, the Vice President shall rule on acceptance, rejection and/or the category of membership.
c) If a rejection or designation as to class of membership is challenged by the applicant, the application shall be submitted to the Board for review and determination. Rejection by a quorum of the Board shall result in denial of membership.
d) Should any application be denied, the application, together with the dues submitted, shall be returned to the applicant along with a letter explaining the reason the application was denied.
e) The Board may review any decision on acceptance for membership made by the Secretary and shall be advised in detail of any decision to reject an application for membership.
Section 3. Membership Classes
Membership within NMGIA shall consist of the following classes:
a) Regular Member: Full-time employees or retired full-time employees in good standing with the individual's former employer, as defined within Article III, Section 1. Regular Members can serve on the board and committees, carry voting privileges and can hold office.
b) Associate Member: Full-time civilian employees or retired full-time civilian employees of a criminal justice agency, individuals employed by a non-criminal justice public safety agency, private industry, educational institution or prevention/intervention program which exhibits an interest in gang activity and criminal justice support; whose talents and interest are of benefit to the Association. Associate Members can serve on the board and committees but do not carry voting privileges or hold office.
c) Honorary Members: The Board may appoint any person who has done or is doing outstanding work for or providing support to the Association as an Honorary Member. Honorary membership may be conferred upon any member of an involved public agency. This Honorary membership may be canceled at any time, for cause, by the Board. Honorary Members may not attend business meetings or attend law enforcement training in the Association unless they also meet the requirements to be a Regular or Associate Member. Honorary members cannot serve on the board and committees and do not carry voting privileges or hold office.
d) Life-Time Members: Life-Time membership may be awarded to members based on distinguished service or contributions to the Association. Life-Time members can serve on committees but do not carry voting privileges or hold office. Life-Time members will be recognized at each Annual meeting of the general membership by the Association President. The Board may, by their unanimous vote, approve consideration for Life-Time membership. The consideration will then be put to a vote at the next annual meeting of the general membership at which time the Life-Time membership shall be approved or denied.
e) Life-Time Board Members: Life-Time Board members will ensure the organization maintains a professional image by assisting and advocating for the association, by providing training, education and awareness of Gangs in New Mexico and the United States; soliciting and aiding in recruitment efforts to increase membership and advocate for the organization via emails and networking opportunities with law enforcement and Criminal Justice professionals. Life-Time Board members should develop and maintain contacts with all other Gang Investigator Associations and maintain contact with regards to local, state, regional and national gang experts and instructors to the best of their ability.
1. Life-Time Board Members can serve on the board and committees, carry voting privileges and can hold office.
2. Life-Time Board members will be recognized at each Annual meeting of the general membership by the Association President.
3. The founding members of NMGIA are recognized as Life-Time Board Members and include Joseph Kolb, Walter D. Herrera, Kathryn Urioste and William Perdue.
4. Additional Life-Time Board members may be appointed based upon distinguished service and contributions to the Association. The Board may, by their unanimous vote, approve consideration for appointment. The consideration for appointment will then be put to a vote at the next annual meeting of the general membership at which time appointment of such Life-Time Board member shall be approved or denied.
Section 4. Affiliated Organizations
An Affiliated Organization must be sponsored by the Vice President. Agreements shall be valid for two (2) years and may be entered into and/or renewed based on the following criteria: a formal Affiliation Agreement between NMGIA and the proposed affiliated organization; Submission of a letter of request on agency letterhead signed by the head of the agency; Nomination letter and supporting documentation of significant service submitted by a third party. Affiliated organizations shall consist of the following classes:
a) Corporate Partner: A corporation or other business entity which demonstrates and continues to demonstrate support of the NMGIA purpose and functions.
b) Partner Organization: A government entity, steering committee, professional development committee, non-profit organization, or similar entity which has demonstrated and continue to demonstrate support of the NMGIA mission, purpose, and functions.
c) Liaison Organization: A government and/or non-profit organization or a committee under such organization which the NMGIA consults with and/or serves on in order to further the overall NMGIA mission. These functions may include but are not limited to developing qualification standards and competencies for the field of gang investigations; reinforcing the concepts of professionalism, dedication to service, and integrity within the field; and devising and supporting professional standards for career development.
d) Academic Institution: An accredited educational entity with a criminal justice curriculum which supports the NMGIA purpose and functions.
Section 5. Dues
Dues, registration fees, and assessments for each class of member of NMGIA shall be determined by the Board. All classes of members shall be advised six (6) months in advance of any change in annual dues. The Executive Board may, at its discretion, assess a yearly fee, to offset the costs of printing new membership cards, producing membership packages and shipping costs.
a) General membership fees will be in an amount determined by the Executive Board. Life-Time Board Members in good standing, shall have all privileges remaining in effect without further remuneration.
b) If the dues or other amount owed by any member in good standing remains unpaid for a period of thirty (30) days, NMGIA shall request either personally or by electronic or regular mail, immediate payment thereof, and such request having been made, then from and after the end of said period and until such payment said member shall cease to be in good standing.
c) If within thirty (30) days additional time, during which he/she shall have been notified as herein before provided, the amount owing by such member continues unpaid, then the membership of such person shall automatically terminate unless otherwise ordered by the Board.
d) Any person desiring to have his/her membership restored after the expiration of one year from the loss thereof, as above described, shall be subject to the rules and procedures prescribed for an original application for membership.
e) All Association officers, members of the Board and NMGIA committees shall maintain current membership in the organization. If such membership is not renewed within ninety (90) days of assuming such office, or within ninety (90) days of the beginning of each successive year of said term of office, and by majority vote of the Board, such member shall be deemed to have forfeited such position. Members suspended under this Article shall not be reinstated to the prior elected position held, but may stand for reelection.
f) All dues, membership cards, etc. shall be transmitted through the Association.
Section 1. Annual Meeting of the Membership.
The annual meeting of the general membership of NMGIA, shall be held at such time and place as the Board may designate. This meeting shall include a training seminar designed to comply with NMDPS training requirements.
Section 2. Special Meetings
Special meetings of the voting members may be called at any time upon written notification given to all voting members at least fifteen (15) days in advance. Such special meetings may be called at the insistence of members of the Board, or at least ten (10) of the voting members who sign, date, and deliver to any Executive officer a written demand stating the purpose or purposes for which the special meeting is called. Any such written notice shall state the purpose or purposes of the meeting. Business transacted at all special meetings shall be confined to the purposes stated in such notice of the meeting.
Section 3. Voting
At every meeting of the membership, each member shall be entitled to one vote on any question put before the membership, in person or by written proxy filed with the Secretary. The vote on any question shall be by ballot, if the Board so determines, or if so, ordered by a majority of the membership present at the meeting.
Section 4. Monthly Meetings
There shall be monthly meetings to discuss current gang / group issues impacting the membership and address NMGIA business, to include preparations for the next annual meeting of the general membership, training seminar, and regional training presentations based upon need and request. Monthly meetings may be canceled on the agreement of all Executive Board members.
Section 5. Order of Business
At any meeting of the membership, the rules contained in the most current version of Robert’s Rules of Order shall govern in all cases to which they are applicable and in which they are not inconsistent with the Bylaws of NMGIA. The presiding officer may, however, in the discretion and with the consent of a majority of the Regular members in good standing present, depart from the regular order of business or dispense with any item thereof as the occasion may require.
Section 6. Quorum
A majority of the Regular members in good standing shall constitute a quorum at general NMGIA meetings. Motions and actions proposed shall be submitted to and become effective upon majority vote of the Regular members.
Section 1. Fiscal Authority
The NMGIA is authorized to collect dues, registration fees, other fees, grants, donations, gifts, and payments for instructional and Association materials received by the Treasurer which shall keep complete and accurate records of all income and payments on behalf of the Association.
Section 2. Fiscal Year
The NMGIA fiscal year shall be January 1 through December 31.
Section 3. Transactions
The Board shall hold the primary operating bank account for the Association. Funds of the Association can only be dispersed as agreed upon by a quorum of the Board. An Executive Resolution shall not be necessary for disbursements made in the ordinary course of business.
Section 4. Exempt Activities
No part of the net earnings of the Association shall inure to the benefit of any director, officer, member or other private person, except that the Association shall be empowered to pay reasonable compensation for services rendered and to make payments and distribution in furtherance of the mission and purpose of NMGIA.
Section 5. Distribution upon Dissolution
Upon termination of the NMGIA as an Association, all assets and property shall first be liquidated. After all outstanding debts and expenses are paid, the remaining funds will be turned over to a to-be-determined non-profit, charitable organization(s), the determination of which will be decided by three-fourths (3/4) of the total number of voting members.
Section 1. Term and Composition of Officers
The officers of the NMGIA shall be elected by the Regular membership and shall serve on the Board for a term of two (2) years or until a successor is duly qualified, elected, and installed. Should such a vacancy occur among the elected offices, the President, upon approval of a majority vote of the Board, shall fill such vacancy by appointing a qualified Regular member in good standing to serve until the next regularly scheduled election. The presiding officers of the NMGIA shall consist of a President, a Vice President, Secretary, and a Treasurer.
a) Officers shall be full-time employees or retired full-time employees in good standing with the individual's former employer, as defined within Article III, Section 1.
b) Any Regular Member may seek any office of the Association except that of President.
c) A Member must have served as an Executive Officer for one term preceding the annual meeting of the general membership at which the Member seeks election to the Presidency.
d) Membership on the Executive Board is limited to New Mexico residents.
Section 2. President
The President of the NMGIA shall be the chief executive officer of the Association.
a) The President shall preside at all meetings of the Board.
b) The President performs all duties incident or usually pertaining to such position, and those duties delegated or assigned by the Board.
c) Should vacancies occur on the Board, the President shall with the advice and consent of a majority vote of the Board, appoint officers.
d) The President shall appoint special committees and special committee chairs as needed.
e) The President represents the Association and its members to other organizations, government and public agencies, the media, the public, and serves as the primary spokesperson for the Association and as representative to the National Alliance of Gang Investigators Association.
f) The President has general supervision of all business and affairs of the Association. The President ensures the Executive Board fulfills its responsibilities and governs implementation of Bylaws and Association objectives.
g) The President works toward the enhancement of NMGIA’s image by being active and visible in the community and by working closely with other professional, civic and private organizations on a state and national level.
h) The President is responsible for communicating effectively with the Board and providing, in a timely and accurate manner, all information necessary for the Board to function properly and to make informed decisions.
i) The President coordinates with the Board to ensure the mission fulfillment through programs and community outreach.
j) The President assists with implementation of NMGIA’s programs that carry out the Association’s mission.
Section 3. Vice President
The Vice President shall assume and perform the duties and responsibilities of the President during the President’s absence or inability to act.
a) The Vice President shall be responsible for NMGIA strategic planning.
b) The Vice President shall succeed to the presidency if the President resigns or is incapacitated, and at the termination of the President’s term of office if such office should otherwise be unfilled.
c) The Vice President shall preside at meetings in the absence of the President.
d) The Vice President shall perform such additional duties as may be assigned by the President or the Board.
e) The Vice President shall coordinate and manage all Association activities of Regional Representatives.
f) The Vice President will oversee and supervise any special committees or projects for the Association
Section 4. Secretary
The Secretary is assigned the primary responsibility for records management.
a) The Secretary shall keep an accurate written record of NMGIA proceedings including all motions approved by the Executive Board.
b) The Secretary shall issue notices of meetings; carry on all correspondence not incident to the functioning of other NMGIA offices or committees.
c) The Secretary shall co-sign with the President all instruments requiring such signatures.
d) The Secretary shall serve as custodian of the NMGIA seal.
e) The Secretary shall assist the President in preparing meeting agenda and arrange all meetings of the Board.
f) The Secretary shall assist committees, oversee the NMGIA awards program, elections, and proposals submitted to the membership for approval; maintain the bylaws and policy manual.
g) The Secretary is responsible for devising membership retention and recruitment strategies; sustaining contact with and service to the current membership; conducts outreach campaigns and survey of members, gang investigators and related communities to generate greater interest in the NMGIA.
h) The Secretary shall process membership applications and coordinates with the Association Treasurer regarding dues, payments and training registration fees.
i) The Secretary maintains up-to-date contact details for the Board and membership of the Association, accepts names of prospective members and initiates contact with same and conducts a workshop at each semi-annual meeting for new or perspective members and verify all information contained on membership applications.
j) The Secretary shall be responsible for creating communication strategies to present a consistent message and professional depiction of the NMGIA; publications; and coordinates the Association website and social media content provided by the Board, maintaining them up to date.
k) The Secretary coordinates with corporate, academic, and other organizational partners to attract support and involvement in the NMGIA; interacts with and secures support from sponsors; develops initiatives beneficial to the NMGIA and appropriate partners.
l) The Secretary works with the Association President toward establishing and maintaining relationships with various organizations throughout the state and nation to utilize those relationships for strategic enhancement of NMGIA’s Mission.
m) The Secretary establishes beneficial relationships with corporate entities, which are supportive of the NMGIA Mission and Purpose and solicits resources from the corporate community on behalf of the NMGIA, in furtherance of its Mission and Purpose.
n) The Secretary shall perform such other duties as may be assigned by the President or the Board.
Section 5. Treasurer
The Treasurer is assigned the primary responsibility for custody of all funds and securities of the Association as well as oversight and management of the Association’s finances; subject to such regulations as may be imposed by State or Federal Regulations.
a) The Treasurer shall obtain and maintain custody of NMGIA funds, receive all monies due, and deposit funds in such bank or banks as the President may direct.
b) The Treasurer shall maintain all NMGIA financial books, records, and accounts and always make them available for inspection by NMGIA officers and members during normal business hours.
c) The Treasurer shall sign or countersign all checks, notes, orders, payments, and drafts made or signed by the President, and shall pay out and dispose of NMGIA funds under the general direction of the President.
d) The Treasurer shall maintain a true account of all monies received and disbursed and shall present a full report of the financial conditions of NMGIA at each annual or special meeting.
e) The Treasurer with input from Board members and other key organization personnel, shall annually prepare a budget which shall be presented to the Board for approval.
f) The Treasurer shall prepare, and file all required tax forms.
g) The Treasurer shall be responsible for general fundraising activities, grant applications, and developing other resources necessary to support NMGIA’s mission.
h) The Treasurer develops resources toward enhancing the financial health of the organization to strengthen the fiscal integrity of NMGIA.
i) The Treasurer shall be responsible for researching and obtaining price quotes for merchandise to be purchased for conferences, trainings and other events; serve as a liaison between the NMGIA and vendors on issues related to merchandise to be purchased for conferences, trainings and other events and obtain Board approval prior to the purchase of merchandise and coordinates payment for vendors.
j) The Treasurer will maintain the online store, merchandise inventory, fulfillment and promotion of merchandise to include trainings, certifications and the annual conference.
k) The Treasurer shall perform such other duties as may be assigned by the President or the Board.
Section 6. Duties
In addition to the duties and responsibilities prescribed in these bylaws and the NMGIA Policy Manual, all officers shall carry out those duties customarily accorded under parliamentary authority as well as those that may be assigned by the President, the Executive Board, or the membership through the Executive Board.
Section 7. Expiration of Term
Each officer and director shall, at the expiration of their term, deliver to the successor all property of the Association in their care, custody, or control. The outgoing elected officer or director shall facilitate the orderly transition by coordinating and communicating with the incoming officer or director regarding the responsibilities and duties of said office.
Section 8. Compensation
No officer, director, or member may receive compensation from the Association except as specifically authorized and directed by the President and approved by a two-thirds (2/3) vote of the Board.
Section 9. Termination of Office
An officer or director who does not perform the duties ascribed by these Bylaws, the NMGIA Policy Manual, or the Board shall be removed from office after a fair and impartial hearing before the Board.
Section 1. Management
The property, business and affairs of the NMGIA shall be managed by an elected Executive Board chaired by the President and composed of all elected officers of the NMGIA.
a) The Board shall decide all questions, which may arise under the Bylaws subject to appeal of its decision at the annual meeting of the general membership.
b) All Board members shall attend at least 75% of all meetings unless otherwise excused by the Association President.
c) All Board members shall participate in all voting issues by either phone or electronic communication; unless otherwise excused by the Association President.
d) When possible, the Association President shall be responsible for all public pronouncements in the name of the Association, with the sanction of the Board.
e) The immediate Past President may serve as an advisor to the Board at the discretion of the President.
Section 2. Powers
A majority Board vote is required but not limited to the following actions: setting dues levels; filling board vacancies; ratifying contracts; approving the venue for the annual training event proposed by the Conference Committee; hiring, compensating, and terminating personnel; reviewing appeals of Ethics Complaint Review Panel decisions; establishing and discontinuing affiliations; expending funds for consultants or individuals representing NMGIA at conferences, symposia, and meetings; appointing program managers, committee chairs, and editors; and amending the NMGIA Bylaws or NMGIA Policy Manual.
Section 3. Meetings and Board Communications
A Board meeting shall be an in-person or electronic communication when a quorum is required, votes are called, and minutes are recorded.
a) At least one (1) in-person meeting of the Board shall be held each calendar year during the annual training event. The exact date, time, and place for these meetings shall be determined by the President and notice of such meetings shall be provided by the Secretary at least twenty (20) days before the meeting. Such notice shall include the date, time, and place of the meeting as well as an agenda of topics to be discussed. Each Board member shall provide the Secretary with all supporting documentation at least ten (10) days prior to the meeting.
b) Special meetings of the Board may be called on the initiative of the President and shall be called by the Secretary upon written request by a majority of the Board. Notice of such meetings shall be provided by the Secretary at least twenty-one (21) days prior to the meeting. Such notice shall include the date, time, and place of the meeting as well as an agenda of topics to be discussed. Each Board member shall provide the Secretary with all supporting documentation at least ten (10) days prior to the meeting.
c) Monthly electronic communications meetings of the Board shall be called on the initiative of the President and shall be called by the Secretary upon written request by a majority of the Board. Notice of such meetings shall be provided by the Secretary at least fourteen (14) days prior to the electronic method. Such notice shall include the date, time, and method of communication to be used as well as an agenda of topics to be discussed. Each Board member shall provide the Secretary with all supporting documentation at least five (5) days prior to the electronic meeting.
d) Business to be conducted at annual Board meetings shall include, but not necessarily be limited to, review and approval of all officer and director reports, financial and regional program activity, strategic planning, proposed budget and program plans, and standing committee activity. Only such business shall be transacted at an annual, special, or electronic meeting as is called for in the notice.
e) Most of the elected number of NMGIA officers shall constitute a quorum at all annual, special, and electronic Board meetings. Except as otherwise specified herein, motions and actions shall become effective upon majority vote of the Board.
f) All NMGIA meetings shall be open to any NMGIA member unless personnel, contracts, ethics issues, or Ethics decisions are discussed. If those issues are discussed, they will be discussed in executive session. The remainder of the meeting as well as an announcement regarding the outcome of the executive session shall be held in open session.
Section 4. Elections
The election of officers of NMGIA shall occur every two (2) years. Election to office shall occur upon plurality vote by the voting Regular members in good standing. Elected officers shall serve until their successors assume their respective offices. Vacancies otherwise occurring shall be filled through interim appointment.
1. At least sixty (60) days prior to the opening of the annual meeting, the Conference Committee Coordinator shall, with a majority vote of the Board, appoint a Regular Member in good standing to serve as Elections Committee coordinator. No nominee or Board member may assist with elections.
2. Nominations shall be solicited for each officer among the Regular members in good standing. Self-nomination is not allowed. An official NMGIA nomination form shall be announced to the members through the Association’s bulletin or by other written or electronic means no later than 60 days prior to the opening of the annual meeting. Nominations shall be accepted on the NMGIA Nomination Form only.
3. At least thirty (30) days prior to the opening of the annual meeting, disseminate to all Regular members in good standing a written or electronic election ballot.
4. Evaluate if nominees meet the following criteria of being a Regular member for at least two (2) consecutive years prior to nomination. Candidates for President shall have served at least one term on the Board.
5. Ensure all ballots cast are by Regular members in good standing prior to the call for nominations.
6. Report to the Secretary all candidates who receive vote pluralities. The Secretary shall report the results to the Board and notify all candidates of the results.
7. In the event of a tie, arrange a new vote for the office in question within fifteen (15) days.
Section 5. Assuming Office
Officers shall take their respective offices starting with the first day of January following their election. To continue to hold an elected office, said person shall continue to be a current Regular member in good standing in the Association.
Committees and Advisors
Section 1. Committees
Based upon operational need, the Board may designate one or more committees. Each committee will be chaired by an elected Regular member in good standing and consist of any number of members required for its purpose. Elections will be held in accordance with Article VII, Section 4. At the discretion of the Board, committees may be granted voting privileges and/or specific authority to execute action based upon their designated purpose.
Section 2. Advisory Board
The Advisory Board shall consist of past Chairmen of the Board, heads of Criminal Justice agencies (or their designees) within the state of New Mexico and a designated advisor from the Rocky Mountain Information Network (RMIN). The Advisory Board Members are non-voting members, subject to the regulations as set forth in the by-laws. Advisory Board Members are exempt from paying dues.
Section 1. Purpose
State regions of the NMGIA may be established in geographical areas for the purpose of providing NMGIA members with regional training, meetings, reporting and interaction.
Section 2. Regional Representatives
Each state region shall be coordinated by a Regional Representative. Regional Representatives shall serve for a term of two (2) years. Elections shall be held in accordance with Article VII, Section 4.
a) Regional Representatives shall be full-time employees or retired full-time employees in good standing with the individual's former employer, as defined within Article III, Section 1.
b) Any Regular Member in good standing may seek election as Regional Representative.
c) A prospective Regional Representative may only seek election in the state region where they currently reside or work and must have resided or worked in that respective region for at-least one (1) year.
d) A Regional Representative shall represent the interests of the region at Board meetings.
e) A Regional Representative shall endeavor to recruit and retain the members in their respective region.
Section 3. Duties & Functions
Regional matters may be addressed by the Regional Representatives with the sanction of the Executive Board.
a) Region Representatives maintain communication amongst agencies within their region in order to stay abreast of gang issues impacting the region to include the major cliques/sets and activity, unique enforcement and management strategies in use, overview of key criminal prosecutions related to gang activity, legal hurdles, training needs, and any other concerns relevant to their specific region within the state.
b) Region Representatives attend monthly meetings or conference calls to discuss these issues and address NMGIA business, to include preparations for the next annual meeting of the general membership and regional training presentations based upon need and request.
c) Region Representatives in general, will perform all the duties incident to the office, subject to the control of the Board, and such other duties as may be assigned to him/her by the Board.
d) At the expiration of the Region Representative’s term, the Region Representative shall deliver to the successor all property of the Association in the Region Representative’s care, custody, or control.
Section 4. Regional Map
The State of New Mexico shall be divided into seven (7) regions for representation in the Association. These regions will correspond with the region map established within.
Section 5. Regions by County
Region 1: Bernalillo, Sandoval, Valencia, McKinley, Cibola and Torrance counties.
Region 2: San Juan county.
Region 3: Santa Fe, Rio Arriba, Taos and Los Alamos counties.
Region 4: San Miguel, Colfax, Mora, Union and Harding counties.
Region 5: Curry, Roosevelt, Quay, Guadalupe and De Baca counties.
Region 6: Lea, Otero, Chavez, Eddy and Lincoln counties.
Region 7: Dona Ana, Grant, Luna, Socorro, Sierra, Hidalgo and Catron counties.
Section 1. Active Member
A member of any membership class on good standing within the Association whose rights as members of the Association are not under suspension because of disciplinary proceedings or by operation of a specific provision of the NMGIA Bylaws with dues paid.
Section 2. Censure, Suspension or Expulsion
The following shall constitute cause for consideration of charges leading to the censure, suspension or expulsion of a NMGIA member, regardless of when the alleged offense may have been committed and regardless of when the alleged offense shall have come to the attention of NMGIA:
a) Failure to comply with any of the membership requirements as contained in these Bylaws.
b) Failure to disclose, or concealment of, any information requested on the application for membership, regardless of when such omission or concealment shall have taken place or come to the attention of NMGIA.
c) Violation of any of the Bylaws.
d) Any arrest, and/or, subsequent conviction for commission of a felony, a misdemeanor which has been reduced from a felony or other criminal conduct.
e) Conduct which is counterproductive to the Association.
f) Removal from respective employment required for membership.
g) Misfeasance in office or serious unprofessional conduct.
Section 3. Due Process
Membership privileges shall not be denied until all due process has taken place. The President or his designee may refer to the Board for investigation. Any member of the Association or the general public may bring forward information of the allegation and any supporting documentation. The reporting person may remain anonymous unless they are a principal witness.
Section 4. Notification
The Board shall give the member who is subject of a proposed action under this Article fifteen (15) days prior written notice of the proposed suspension or termination and the reason, therefore.
a) The member may then submit a written statement to the Board regarding the proposed action not less than five (5) days before the effective date of the proposed suspension or termination.
b) Prior to the effective date of the proposed suspension or termination, the Board shall review any such statement submitted and shall determine the mitigating effect, if any, of the information contained therein on the proposed suspension or termination.
Section 5. Reinstatement
No member expelled from the Association may be readmitted to membership within one year. Readmission thereafter shall require an affirmative majority vote of the Board.
Section 6. Qualifying Employment
Upon termination of the member’s qualifying employment for membership the member may make written application to the Board to continue the membership. Upon receipt of such application, the Board may, by their unanimous vote, continue the paid membership of that person.
Amendments and Dissolution
Section 1. Amendments
No part of these bylaws shall be repealed, altered, amended, waived, or suspended until a written proposition to the effect is submitted to or proposed by the Board. The proposition shall be presented and voted on at the next Board meeting of the Association. If approved by a majority vote of the Board, the proposed revision shall be voted upon by the present Regular members in good standing and presented in a timely fashion to the Secretary. Amendment, alteration, repeal, waiver, suspension, or addition to any or all of these bylaws shall require the favorable vote of two thirds (2/3) of the voting Regular members in good standing.
Section 2. Dissolution
Should it become necessary to dissolve NMGIA, the following procedures shall be followed:
a) This Association shall not be dissolved unless three-fourths (3/4) of the members eligible to vote, vote for dissolution.
b) The vote will be conducted of the members present at the Annual meeting of the general membership and by mail in ballots, provided, however, the full membership shall have been notified at least sixty days prior to the date of the vote and the reason for the vote. The vote count shall be made at the Annual meeting of the general membership.
c) Should it not be possible, for cause, to have an Annual meeting of the general membership, each member entitled to vote shall be sent a mail-in ballot and the Executive Board shall conduct the vote count.
d) All members shall be notified of the result of the vote.
Section 1. Policy Manual
The NMGIA Policy Manual shall ensure operating procedures, regulations, and policies developed through actions taken and motions passed by the Board reflect the purpose and intent of these Bylaws. The NMGIA Policy and Procedure Manual shall have the force of these bylaws.
I do hereby certify that I am the duly elected and acting Secretary of NMGIA, and the foregoing Bylaws constitute the Bylaws of the NMGIA as duly adopted on September 25th, 2020, Amended on October 28th, 2020 and Amended on July 15th, 2021.
In witness whereof, I have signed my name this 15th day of July 2021.
Annette Montoya, NMGIA Secretary Date
In witness whereof, I have signed my name this 15th day of July 2021.
Walter Herrera, NMGIA President Date
POLICY MANUAL OF THE
NEW MEXICO GANG INVESTIGATORS ASSOCIATION
Adopted on May 14, 2021, Amended on July 15th, 2021
Table of Contents
I. Mission Statement
II. Organization Chart
III. Code of Ethics
IV. Sexual Harassment
V. Conflict of Interest
VII. Records Retention & Destruction
VIII. Compensation for Services
IX. Information Technology
X. Financial Policies
I. Mission Statement:
The New Mexico Gang Investigators Association is a non-profit organization comprised of Law Enforcement, Corrections, Prosecution, Intelligence, and Probation & Parole, dedicated to mitigating and suppressing gang-related crime in New Mexico through information sharing, enhanced awareness through training, and inter-agency cooperation.
II. Organizational Chart:
III. Code of Ethics
The NMGIA Board shall adhere to a code of ethics that is beneficial to the organization and to the betterment of humanity. Board members shall make sound management decisions based on sound reasoning and all information available at the time of the decision. Board members recognize the goals of responsible stewardship requires that ethical standards be followed by everyone. To that end, each member agrees to follow the principles outlined below:
A. To cooperate with professionals in other disciplines to foster interdisciplinary understanding.
B. To recognize that personal, deeply held, professional convictions may conflict with the interests and convictions of others. We are obligated to be clear and honest in distinguishing between reports of results from rigorous study and our professional opinions based on observations or intuition. Our professional opinions clearly so identified have value but must not be put forward as fact. In addition, the temporal, spatial, and contextual limits of our facts and their confidence limits must be clearly acknowledged.
C. To recognize that our professional convictions may sometimes conflict with the policies of the NMGIA. When such conflict arises, we will provide decision makers with full disclosure of such conflicts and will adhere to the decision of the Board regarding such conflicts.
D. To continue to learn throughout our professional life to read, listen, assimilate, integrate, and apply new information as it becomes available. We will follow advances in related disciplines that affect the Law Enforcement community so that the value of our expertise does not become irrelevant or overwhelmed by unforeseen influences.
E. To recognize that diversity among my professional colleagues brings differences in perspective, experience, expertise, style, and values to the profession and that these differences are a source of strength and new ideas. We welcome as colleagues’ people of both sexes, all ages, races, ethnic backgrounds, nationalities, lifestyles, religions, and physical conditions.
F. To uphold the highest standards of excellence, integrity, and public service of our profession, and to do our share to return to the profession the full measure of all that we have received. We will speak and write to people outside of the Law Enforcement profession to help increase their awareness of gangs.
IV. Sexual Harassment
The New Mexico Gang Investigators Association is committed to providing a safe environment for all its members, trainees, and speakers free from discrimination on any ground and from harassment at training venues including sexual harassment. The New Mexico Gang Investigators Association will operate a zero-tolerance policy for any form of sexual harassment in the association, treat all incidents seriously and promptly report all allegations of sexual harassment to an individual’s Agency supervisor and or their Internal Affairs Office. In addition, there will be mandatory reporting by the NMGIA Board and or staff of any sexual harassment that may constitute criminal conduct to the law enforcement agency where the alleged criminal conduct occurred.
Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from training events and or the membership in the New Mexico Gang Investigators Association.
All complaints of sexual harassment will be taken seriously and treated with respect and in confidence. No one will be victimized for making such a complaint.
A. Definition of sexual harassment
Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations which create an environment which is hostile, intimidating or humiliating for the recipient.
Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal, and non-verbal. Examples of conduct or behavior which constitute sexual harassment include, but are not limited to:
1) Physical conduct
2) Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching
3) Physical violence, including sexual assault
4) Physical contact, e.g., touching, pinching
5) The use of job-related threats or rewards to solicit sexual favors
6) Verbal conduct
7) Comments on a worker’s appearance, age, private life, etc.
8) Sexual comments, stories and jokes
9) Sexual advances
10) Repeated and unwanted social invitations for dates or physical intimacy
11) Insults based on the sex of the worker
12) Condescending or paternalistic remarks
13) Sending sexually explicit messages (by phone or by email) Non-verbal conduct
15) Display of sexually explicit or suggestive material Sexually suggestive gestures
Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. The New Mexico Gang Investigators Association recognizes that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.
The New Mexico Gang Investigators Association recognizes that sexual harassment is a manifestation of power relationships and often occurs within unequal relationships in the workplace or training venue, for example between manager or supervisor and employee or between trainees.
Anyone, including members of the New Mexico Gang Investigators Association, clients, customers, contractors, trainees, or visitors who sexually harasses another will be reprimanded in accordance with this internal policy.
All sexual harassment is prohibited whether it takes place within the New Mexico Gang Investigators Association premises or outside, including at social events, business trips, training sessions or training symposium’s/ conferences sponsored by the New Mexico Gang Investigators Association.
B. Complaints Procedures
Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. The New Mexico Gang Investigators Association recognizes that sexual harassment may occur in unequal relationships (i.e., between a supervisor and his/her employee) and that it may not be possible for the victim to inform the alleged harasser.
If a victim cannot directly approach an alleged harasser, he/she can approach one of the designated staff members responsible for receiving complaints of sexual harassment. This person could be another a member of the NMGIA executive board, etc.
When a designated person receives a complaint of sexual harassment, he/she will:
1) Immediately record the dates, times, and facts of the incident(s)
2) Ascertain the views of the victim as to what outcome he/she wants
3) Ensure that the victim understands the NMGIA’s procedures for dealing with the complaint
4) Discuss and agree the next steps: either informal or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint if he/she is not satisfied with the outcome
5) Keep a confidential record of all discussions
6) Respect the choice of the victim
7) Ensure that the victim knows that they can lodge the complaint outside of the company through the appropriate agency’s legal framework.
C. Sexual Harassment complaints mechanism
1) If the victim wants to make a formal complaint the formal complaint mechanism should be used to resolve the matter.
2) The designated person who initially received the complaint will refer the matter to the NMGIA Executive Board to instigate a formal reporting to the offender’s agency for follow up investigation.
D. Sanctions and disciplinary measures
Anyone who has been found to have sexually harassed or assaulted another person under the terms of this policy is liable to any of the following sanctions:
1) Immediate dismissal from training venue
2) Mandatory Reporting if criminal conduct occurred immediate mandatory reporting to the Law Enforcement agency where the crime occurred or to the offender’s agency supervisor, Internal Affairs division or if criminal conduct occurred immediate mandatory reporting to the Law Enforcement agency where the crime occurred
3) Permanent disbarment from attending NMGIA trainings- If complaint is founded
The nature of the sanctions will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence, will result in the immediate dismissal of the harasser.
V. Conflict of Interest
No member of the Executive Board, to include, Regional Coordinators, or any of its Committees, shall derive any personal profit or gain, directly or indirectly, by reason of his or her participation with the NMGIA.
Any member of the Executive Board, Regional Coordinators, Committee, Staff, and certain Consultants shall refrain from obtaining any list of clients for personal or private solicitation purposes at any time during the term of their affiliation.
Any member of the Executive Board, Regional Coordinators, Committee, or Staff who is an officer, board member, a committee member, or staff member of a client organization or vendor of the NMGIA shall identify his or her affiliation with such agency or agencies; further, in connection with any committee or board action specifically directed to that agency, shall not participate in the decision affecting that agency and the decision must be made and/or ratified by the full board.
Everyone shall disclose to the NMGIA any personal interest which they may have in any matter pending before the NMGIA and shall refrain from participation in any decision on such matter. Such disclosure shall be made immediately upon learning of the interest.
Disclosure of conflicts of interest shall be submitted in writing to the Executive Board prior to any decisions and shall include an explanation of the conflict and when the conflict was learned. Should a conflict be discovered during any activity of the Board and a written statement is not practical, the affected individual(s) shall make formal declaration of conflict and shall refrain from participation in any decision on matters considered for the matter.
The Board may choose to refrain from acting on any matters in which a conflict of interest has been declared until such time as the conflict may be explored or discussion held on the consequences of such conflict.
In keeping with the policy of maintaining the highest standards of conduct and ethics, the New Mexico Gang Investigators Association will investigate any suspected fraudulent or dishonest use of misuse of the New Mexico Gang Investigators Association’s resources or property by members, officers, directors, coordinators, advisors, committee members or volunteers. The NMGIA is committed to maintaining the highest standards of conduct and ethical behavior and promotes a working environment that values respect, fairness, and integrity. All members, officers, directors, coordinators, advisors, committee members or volunteers shall act with honesty, integrity, and openness in all their dealings as representatives for the organization and comply with all applicable laws and regulations. Failure to follow these standards will result in disciplinary action including possible termination of membership and possible civil or criminal prosecution if warranted.
All members, officers, directors, coordinators, advisors, committee members or volunteers are encouraged to report suspected fraudulent or dishonest conduct (i.e., to act as a “whistle-blower”), pursuant to the procedures set forth below.
A person’s concerns about possible fraudulent or dishonest use or misuse of resources or property should be reported to the Executive Board. If for any reason a person finds it difficult to report his or her concerns to an officer, director, chairman or coordinator, the person may report the concerns directly to the President of the New Mexico Gang Investigators Association. Alternatively, to facilitate reporting of suspected violations where the reporter wishes to remain anonymous, a written statement may be submitted.
B. Baseless Allegations:
Allegations made with reckless disregard for their truth or falsity. People making such allegations may be subject to disciplinary action by New Mexico Gang Investigators Association, and/or legal claims by individuals accused of such conduct.
C. Fraudulent or Dishonest Conduct:
A deliberate act or failure to act with the intention of obtaining an unauthorized benefit. Examples of such conduct include, but are not limited to:
1) Forgery or alternation of documents.
2) Unauthorized alteration or manipulation of computer files.
3) Fraudulent financial reporting.
4) Pursuit of a benefit or advantage in violation of the NMGIA’s Conflict of Interest Policy.
5) Misappropriation or misuse of the NMGIA’s resources, such as funds, supplies or other assets.
6) Authorizing or receiving compensation for goods not received or services not performed; and
7) Authorizing or receiving compensation for hours not worked
A member, officer, director, advisor, coordinator, committee member or volunteer who informs the President of the NMGIA about an activity relating to the NMGIA which that person believes to be fraudulent or dishonest.
E. Rights and Responsibilities
All members are required to report suspected fraudulent or dishonest conduct to the Executive Board of the New Mexico Gang Investigators Association. Reasonable care should be taken in dealing with suspected misconduct to avoid:
1) Baseless allegations.
2) Premature notice to persons suspected of misconduct and/or disclosure of suspected misconduct to others not involved with the investigation; and
3) Violations of a person’s rights under law
Due to the important yet sensitive nature of the suspected violations, effective professional follow-up is critical. Board Members, while appropriately concerned about “getting to the bottom” of such issues, should not in any circumstances perform any investigative or other follow-up steps on their own. Accordingly, a Board Member who becomes aware of suspected misconduct:
1) Should not contact the person suspected to further investigate the matter or demand restitution.
2) Should not discuss the case with attorneys, the media or anyone other than the President of the New Mexico Gang Investigators Association.
3) Should not report the case to an authorized law enforcement officer without first discussion of the case with the President of the New Mexico Gang Investigators Association.
All relevant matters, including suspected but unproved matters, will be reviewed, and analyzed, with documentation of the receipt, retention, investigation and treatment of the complaint. Appropriate corrective action will be taken, if necessary, and findings will be communicated back to the reporting person. Investigations may warrant investigation by an independent person such as auditors and/or attorneys.
G. Whistle-Blower Protection
NMGIA will protect whistle-blowers as defined below:
1) NMGIA will use its best efforts to protect whistle-blowers against retaliation. Whistle-blowing complaints will be handled with sensitivity, discretion and confidentiality to the extent allowed by the circumstances and the law. Generally, this means that whistle-blower complaints will only be shared with those who have a need to know so that the NMGIA can conduct an effective investigation, determine what actions to take based on the results of any such investigation, and in appropriate cases, with law enforcement personnel. (Should disciplinary or legal action be taken against a person or persons as a result of a whistle-blower complaint, such persons may also have the right to know the identity of the whistle-blower.)
2) Members, officers, directors, coordinators, advisors, committee members or volunteers of the NMGIA may not retaliate against a whistle-blower for informing management about an activity which that person believes to be fraudulent or dishonest with the intent or effect of adversely affecting the terms or conditions of the whistle-blower’s membership, including but not limited to, threats of physical harm, loss of job, punitive work assignments, or impact on salary or fees. Whistle-blowers who believe that they have been retaliated against may file a written complaint with the President of the New Mexico Gang Investigators Association. Any complaint of retaliation will be promptly investigated, and appropriate corrective measures taken if allegations of retaliation are substantiated. This protection from retaliation is not intended to prohibit coordinators, officers, chairman and or directors from taking action, including disciplinary action, in the usual scope of their duties and based on valid performance-related factors.
3) Whistle-blowers must be cautious to avoid baseless allegations (as described earlier in the definitions section of the policy)
VII. Records Retention & Destruction
The information contained in this policy is intended as a guideline for retention of records; it is not a comprehensive list of all types of records the NMGIA might have, nor will compliance with this list guarantee compliance with all applicable laws. In addition, some individual records within a given category will have more significance than others, depending on the circumstances, and may warrant retention beyond the approved time period. In each case records should be retained for the longer of the periods specified in the “Legal Purposes” and the “Business Purposes” categories.
From time to time the Executive President may issue a notice, known as a “Legal Hold,” suspending the destruction of records due to pending, threatened or otherwise reasonably foreseeable litigation, audits, government investigations or similar proceedings. No records specified in any Legal Hold may be destroyed, even if the scheduled destruction date has passed, until the President withdraws the Legal Hold in writing.
If need for a Legal Hold arises, the President will move affirmatively to ensure the preservation of documents that might otherwise be subject to routine destruction under the NMGIA’s record retention and destruction policy. The President will document when the instructions were transmitted, the notice that the Association received that triggered the instruction and will follow up on compliance using the appropriate memo.
The Association takes very seriously its obligation to preserve information relating to litigation, audits, and investigations. The consequences of failing to retain items subject to a Legal Hold can be serious, including possible criminal and civil sanctions against the Association and its members, and possible disciplinary action against responsible individuals (up to and including termination of membership). Each member has an obligation to contact the President immediately in the event the employee obtains knowledge of any potential or actual litigation, external audit, investigation, or similar proceeding involving the Association. Likewise, it is also imperative that members report threatened or actual violations of the Association’s record retention and destruction policy to the Executive Board.
A. Approval for Record Destruction.
Approval for record destruction must be obtained from the President. Documentation of every instance of information destruction must be maintained permanently.
B. Electronic Documents.
All retention periods apply to paper and/or electronic media records. The originator of an electronic message is the record copyholder, just as the creator of a paper document is the record copyholder. The originator is responsible for preserving records of lasting importance to the Association.
For informational electronic messages such as meeting notices, reminders, informal notes, and telephone messages, users should delete the message once the administrative purpose is served. For significant electronic messages used in connection with the transaction of business, users must generate a copy to be filed in the appropriate record keeping system.
Electronic messages managed by a paper-based record keeping system will include a printout of the following: name and email address of who sent the message, names, and email addresses.
VIII. Compensation for Services
The NMGIA is a volunteer organization with a permanent governing Executive Board. Nothing in this policy is a guarantee of compensation. Board members are required to be fiscally aware, and to make sound financial decisions regarding travel, lodging, meals, and per-diem.
Compensations for service are outlined as follows and are subject to availability of funds in the NMGIA Treasury for such compensations.
Executive Board members shall use issued Bank Debit Cards, when available, for actual expenses.
A. Officers (President, Vice-Presidents, Secretary, Treasurer):
1) At NMGIA Conferences; all meals, travel/fuel (when using personal vehicle for NMGIA business), air fare (when flying), lodging, and incidentals shall be borne by the Association.
2) When traveling on NMGIA Business; all meals, travel/fuel (when using personal vehicle), and daily per-diem reimbursement at the United States Federal rate at the time of travel. (Officer may choose to submit for ACTUAL costs rather than Federal Rate reimbursement so long as the actual costs are below or equal to the Federal Rate).
3) While representing NMGIA at out of State Association conferences or meetings; all meals, travel/fuel (when using personal vehicle), air fare (when flying), rental car (if required), lodging, tuition (when not waived), and incidentals shall be borne by the association at the ACTUAL cost for travel, lodging, tuition, and rental car, AND at the United States Federal rate for meals and incidentals. (Officer may choose to submit for ACTUAL costs for meals and incidentals so long as the actual costs are below or equal to the Federal Rate).
4) The needs of the Association will dictate the use of personal vehicle. Should the Officer be granted the use of his/her agency vehicle for NMGIA business or travel he/she will NOT receive any reimbursements for mileage from the NMGIA.
5) Specialized training costs may be borne by the Association when deemed necessary in the best interest of the Association.
6) Cellular devices used for business of the NMGIA may be provided or compensated for.
B. Committee Chairs & Regional Coordinators:
1) At NMGIA Conferences; Conference tuition, and all meals shall be borne by the Association. 50% reduction in lodging (Should two Regional Coordinators choose to share a room, then that room would be paid for by the NMGIA as two 50% reductions would equal 100%.) Choice of one complimentary NMGIA shirt or other merchandise at each conference attended. (This is in addition to any specialized clothing or items distributed to all conference staff and/or attendees)
2) When authorized and directed by the Executive Board of the NMGIA, or when acting as the representative of the Executive Board of the NMGIA; all meals, travel/fuel (when using personal vehicle), and daily per-diem shall be reimbursed at the United States Federal rate at the time of travel.
IX. Information Technology
The NMGIA website shall remain property of the Association. All website rules are to be adhered to at all times. Executive Board members are required to enforce NMGIA website rules as outlined. Any updates to NMGIA website rules does not constitute a revision of this policy manual or the bylaws. Any modifications to NMGIA website requires a majority vote of the Board.
Executive Board Members will be assigned access to a user account through the nmgia.org domain. All NMGIA business is to be conducted utilizing this account while representing the Association. The account will be assigned by approved username format and will be assigned account aliases for each designated role as approved by the Executive Board.
Executive Board members are authorized email access through the nmgia.org domain. Members may petition the Executive Board for email access. All nmgia.org domain applications are required to maintain the approved branding, to include email signatures as approved by the Executive Board.
Each Executive Board member shall be issued access to the appropriate software programs to fulfill the functions of their office, as well as appropriate peripheral devices, remote storage devices, remote access devices, and any other devices as deemed necessary.
1) An inventory of all property will be maintained showing devices, assigned individual, date of last visual inspection, and date of retirement from service.
2) The inventory log will be kept by the Secretary with copies to each Executive Board Member.
3) The inventory log will be verified annually with visual inspection of all items on the log.
4) All devices will remain in the personal possession of the Board Member.
5) Portable computers will be brought to all NMGIA Executive meetings and Conferences for scheduled maintenance, backups, and updates.
6) As new technology becomes available the NMGIA Board will update the equipment.
7) As the hardware becomes unstable or obsolete, the Association shall replace as necessary in the best interest of the Association. Outdated or obsolete equipment shall be offered to the Officer for sale at reasonable market value, upon removal/transfer of any NMGIA data or programs to the new device. (Should the Officer decline to purchase the equipment, it will be evaluated for potential use in other aspects of the organization or donated to a local charity.)
8) Any electronic equipment deemed non-functioning shall be taken out of inventory and notation of such removal shall be noted in the annual report of the organization.
9) All programs and software purchased by the NMGIA shall remain the property of the NMGIA.
10) Any data affiliated with the Association shall remain the property of the Association and shall be backed up and archived appropriately.
11) Each Officer issued a computer is required to back up all NMGIA data on said computer to a provided remote storage device at least weekly.
12) Each Officer issued a computer is required to back up all NMGIA data on said computer monthly to a remote server, device or cloud-based server device as provided by the Association.
X. Financial Policies
The Association shall maintain, at a minimum, a business checking account and at least one form of online financial account.
The Association may acquire credit cards in the name of the Association, may acquire Bank Debit Cards for each Executive Officer for the conduction of business, and may acquire investment banking devices such as CD’s.
The Association may conduct financial business in an electronic form using any online financial programs available.
All monies collected by the Association shall be deposited into the primary business checking account. All deposits will be made in a timely manner.
All bills shall be paid by the Association from the primary business checking account.
Bills may be paid through electronic means when deemed appropriate and may be set up as auto payment for regular recurring bills.
Any withdrawals shall be approved by the Treasurer AND/OR the President of the Association AND in conjunction with the Vice-President. (Two persons shall always be informed of any withdrawals).
Any United States Currency collected at Conferences shall be counted DAILY, independently, by three Executive Board members, which MAY include the Treasurer and at least one other Executive Board member. Once all three agree on the amount of collected United States Currency, a deposit slip will be filled out, and the cash shall be locked in the secure, portable lock box until the deposit can be made at the nearest Bank Branch. Each of the three who counted the cash shall ensure that the agreed upon amount was deposited through verification of the deposit slip held by the Treasurer.
All bank statements shall be received and reviewed by the President and forwarded to the Treasurer for account rectification.
1) All bank statements shall be kept in paper form for three years and shall be in the possession of the Treasurer.
2) All Tax records/reports shall be maintained for five (5) years and shall be in the possession of the Treasurer.
3) All receipts for purchases shall be destroyed once verified against the bank statements EXCEPT those receipts that must be retained for warranty purposes on equipment and may be destroyed once the warranties have expired.
4) Invoices for expendable items or merchandise sale items shall be retained for 90 days past the event for which the expendables or items were purchased.
5) The President and Treasurer will meet, in person, at least once each quarter to verify banking records and information.
Grant funds must be used in prudent, lawful, and ethical ways and in accordance with donor restrictions (if present).
The Association will only enter those grant arrangements in which NMGIA has a reasonable expectation of delivering the promised activities and results.
Assure that temporarily restricted and permanently restricted assets are appropriately segregated to ensure compliance with donor restrictions.
XI. Implementation of this policy
The New Mexico Gang Investigators Association will ensure that this policy is widely disseminated to all relevant persons. It will be included in the NMGIA Policies. All new NMGIA Board members must be made aware of the content of this policy as part of their induction into the Association.
This policy was approved by the Executive Board on May 14, 2021, amended on July 15th, 2021.
In witness whereof, I have signed my name this 15th day of July, 2021,
Annette Montoya, Secretary Date
In witness whereof, I have signed my name this 15th day of July, 2021.
Walter D. Herrera, NMGIA President Date