Over the last several years, it has become increasingly difficult for Mining District communities to maintain fully staffed police departments, and even with the rare full staff, employee turnover and misconduct among officers have been common.
Written by Hannah Dumas on March 30, 2022 While much of the Bayard City Council’s Monday meeting was spent in discussion with the city’s auditor and with state Sen. Siah Correa Hemphill and state Rep. Luis Terrazas, the council also approved significant pay raises for members of the city’s Police Department, sparking protest from other city employees. Additionally, the council approved a $20,000 contract with Daigle Law Group to draft policies and procedures for the Police Department.
Over the last several years, it has become increasingly difficult for Mining District communities to maintain fully staffed police departments, and even with the rare full staff, employee turnover and misconduct among officers have been common.
While Bayard Mayor Chon Fierro and councilors have repeatedly emphasized the importance of restaffing the city’s department, finding certified applicants has not been easy. At the moment, the department has but one officer: Sgt. Jesse Lopez.
In light of a limited applicant pool and the rate at which former officers were either fired or moved on to work for other agencies that could offer better pay, the council decided it needed to “stop barking,” as Councilor Eloy Medina put it, and take definitive action toward securing a fully staffed department.
Councilors Frances Gonzales and Medina both proposed increased salary ranges, but the council ultimately voted to approve Medina’s, which were higher.
“For chief, I’d like to see him at $34 an hour,” Medina said. “I want to work on patrol. Uncertified, I’d like to go up to $18 an hour. Certified, I’d like to go to $24 an hour. Our sergeants will go up as well, to about $27 an hour. We’re going to have to spend the money to get the officers here.”
Prior to Monday’s vote, starting pay for uncertified officers was set at $16.50 an hour, with certified officers being paid $18 hourly. According to Clerk-Treasurer Kristina Ortiz, the sergeants’ wage was set at roughly $20 an hour.
“We have to pay them living wages,” Gonzales said.
“We have to be competitive with the Sheriff’s [Department],” Medina said. “I know they just got their pay scale adjusted. The city is offering, State Police are offering, so it’s going to make it difficult for the municipalities.”
“It’s an investment,” Gonzales added. “We need to put a good training budget in as well. All those things are so important, because the more that you invest, I can see the people turning around and staying.”
While the city has previously tried to avoid hiring uncertified officers, so that it could avoid paying training costs, Sen. Correa Hemphill provided insight into this year’s Senate Bill 140, the New Mexico Opportunity Scholarship Act, which was signed into law by the governor at the beginning of March.
“In regard to the free tuition for colleges, you know how law enforcement is struggling with hiring. Being that the certificate programs are going to be involved in that, does that mean that if we hired law enforcement officers that are uncertified, they would be able to go get [their law enforcement academy] certificate at Western [New Mexico University] free of charge?” Mayor Pro Tem Raul Villanueva asked.
“Absolutely,” Correa Hemphill responded.
Being that the city has received several uncertified applicants for patrol positions, the council voted to hire no more than two uncertified applicants at any given time, so that new hires can be adequately and successfully trained. Villanueva emphasized not wanting to set up newly hired officers for failure, especially in the absence of a chief of police. Councilors also emphasized the need to not overwhelm or burn out Sgt. Lopez.
Villanueva and Gonzales, who both had lengthy careers in law enforcement, volunteered to serve on a police hiring committee. Councilor Jose Diaz also asked that Lopez be included on the committee.
Medina requested that the city establish an oversight committee as well, to assist in the operation of the department until a new chief is hired.
“We have to put some type of leadership to help [Lopez] out,” Medina said.
Councilors were quick to approve a contract Monday with Daigle Law Group to provide Police Department policies and procedures.
“I make a motion that we approve this contract for the policies and procedures, which is way overdue,” Diaz said.
“I second that, Mayor,” Villanueva said.
“We all second that,” Gonzales added.
While other departments in the city are also in need of policies and procedures, Ortiz said the city will be working on those department by department.
Later in the meeting, Bayard Maintenance Superintendent Anthony Aveles, along with Bayard Wastewater Plant Manager Jason Jaeger, weighed in on the salary increases for the Police Department.
“As we speak about employee retention for a department that’s nonexistent, your other employees have been here, you know? I just want you to be conscious of that,” Aveles said. “You know, ‘slighted’ is kind of a strong word, but as we talk about employee retention, I’ve been here, myself, going on eight years. Jason has been here quite some time. Granted, the chief of police, OK. Sergeant? That’s their third.
“I’m running a department, as well as Jason, and I want you guys to take that into consideration,” he continued. “Having the third in charge over there, getting paid more than a department head — I just wanted you guys to be aware of that.”
“That is a good point to bring up, and I guarantee we will look at it,” Villanueva responded, and Fierro and Gonzales agreed.
Diaz responded to Aveles.
“Right now, the urgency is public safety,” he said. “I get you, Mr. Aveles, but ultimately it’s not to say we won’t look at every department. But the biggest concern, not just in this council, but in the municipality, even in the county, is public safety.”
Aveles agreed with Diaz, but still urged the council to consider all of their employees.
Jaeger had more to add.
“As supervisors, we’re out there in the wee hours of the morning with our crew, and there’s no compensation for it, because ‘you’re salaried,’” he said.
The comment spurred discussion regarding city policy for salaried employees who are expected to shoulder heavy workloads.
“So Jason comes in tonight at midnight, because [the wastewater plant has a breakdown], and he works from midnight until 7:30 — we’re going to expect him to come in at 8 o’clock and work his eight-hour day?” Medina asked.
“That’s the norm,” Aveles responded.
“That’s a safety issue in itself,” Medina said.
Further discussion regarding the city’s employee policies and commensurate pay for department heads brought the council to agree on the need for further consideration.
The next Bayard council meeting is set for April 11 at 2 p.m. at City Hall.
Hannah Dumas may be reached at hannah@scdailypress.com.
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