N.M. Admin. Code § 16.48.1.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.48.1.8 - CODE OF ETHICS AND CREED OF CONDUCT

A. Code of ethics for private security management. As managers of private security functions and employees, we pledge:

(1) to recognize that our principal responsibilities are, in the services of our organizations and clients, to protect life and property as well as to prevent and reduce crime against our business, industry, or other organizations and institutions; and in the public interest, to uphold the law and to respect the constitutional rights of all persons;

(2) to be guided by a sense of integrity, honor, justice and morality in the conduct of business; in all personnel matters; in relationships with government agencies, client and employers; and in responsibilities to general public;

(3) to strive faithfully to render security services of the highest quality and to work continuously to improve our knowledge and skills and thereby improve the overall effectiveness of private security;

(4) to uphold the trust of our employers, our clients, and the public by performing our function within the law, nor ordering or condoning violations of law, and ensuring that our security personnel conduct their assigned duties lawfully and with proper regard for the rights of others;

(5) to respect the reputation and practice of others in the private security field, but to expose to the proper authorities any conduct that is unethical or unlawful;

(6) to apply uniform and equitable standards of employment in recruiting and selecting personnel regardless of race, creed, color, sex or age and in providing salaries commensurate with job responsibilities and with training, education and experience;

(7) to cooperate with recognized and responsible law enforcement and other criminal justice agencies; to comply with security licensing and registration laws and other statutory requirements that pertain to our business;

(8) to respect and protect the confidential and privileged information of employers and clients beyond the terms of our employment, except where their interests are contrary to law or to this code of ethics;

(9) to maintain a professional posture in all business relationships with employers, and clients, with others in the private security field, and with members of other professions; and to insist that our personnel adhere to the highest standard of professional conduct;

(10) to encourage the professional advancement of our personnel by assisting them to acquire appropriate security knowledge, education and training;

B. Code of ethics for private security employees. In recognition of the significant contribution of private security to crime prevention and reduction, as a private security guard, I pledge:

(1) to accept the responsibilities and fulfill the obligations of my role: protecting life and property; preventing and reducing crimes against my employer's business, or other organizations and institutions to which I am assigned; upholding the law; and respecting the constitutional rights of all persons;

(2) to conduct myself with honesty and integrity and to adhere to the highest moral principles in the performance of my security duties;

(3) to be faithful, diligent and dependable in discharging my duties, and to uphold at all times the laws, policies, and procedures that protect the rights of others;

(4) to observe the precepts of truth, accuracy, and prudence without allowing personal feelings, prejudices, animosities or friendships to influence my judgments;

(5) to report to my superiors, without hesitation, any violation of the law or of my employer's or client's regulation;

(6) to respect and protect the confidential and privileged information of my employer or client beyond the term of my employment, except where their interests are contrary to law or to this code of ethics;

(7) to cooperated with all recognized and responsible law enforcement and government agencies in matters within their jurisdiction;

(8) to accept no compensation, commission, gratuity or other advantage without the knowledge and consent of my employer;

(9) to conduct myself professionally at all times, and to perform my duties in a manner that reflects positively upon myself, my employer, and private security;

(10) to strive to continually to improve my performance by seeking training and educational opportunities that will better prepare me for my private security duties.

C. Code of ethics for polygraph examiners.

(1) I shall at all times conduct myself in a manner reflecting credit to the polygraph profession.

(2) I shall deal fairly and impartially with all individuals, regardless of social, political, racial, religious, ethnic, economic or fraternal status.

(3) I shall keep all decisions free of personal or any other extraneous influence and render unbiased opinion in all decisions.

(4) I shall not publish misleading advertisements or claims concerning the polygraph profession. I shall advise each client or examinee of the infeasibility of conducting an examination where I encounter conditions or circumstances that so warrant.

(5) I shall not conduct a polygraph examination of any person I have reason to believe may be mentally or physically unfit, without first seeking an opinion of medical, psychological or psychiatric authority, as appropriate, prior to testing.

(6) I shall not include an opinion in any decision or report relating to medical, psychological, psychiatric, legal, or any other field in which I am not qualified unless it relates to polygraph.

(7) I shall refrain from criticizing or maligning other polygraph examiners except as required by legal proceedings.

(8) I shall not testify concerning polygraph charts of another examiner until I have satisfied the requirements of NM Rule of Evidence 11-707, NMRA 2004.

(9) I shall support the professional goals of the polygraph profession at every opportunity.

(10) I shall consider the integrity and goals of the polygraph profession above my personal desires and ambitions.

D. Polygraphy creed of conduct: To encourage uniformity of procedures, enhance the image of polygraphy, promote the welfare of the public, establish standards and promote an understanding among all polygraphers operating in the state of New Mexico, the following standards of principle are endorsed.

(1) The primary goal of a polygraph examination is to assess reactions pertaining to chart evaluations, respecting all rights of the examinee and using proper polygraph techniques and procedures accepted profession wide.

(2) No examinee will be compelled to take a polygraph examination except in compliance with existing law or terms of probation or parole. No force, threats, duress, coercion or promises will be made by a licensee in an effort to complete a polygraph examination.

(3) A minimum of three charts is required to reach a conclusive diagnostic opinion in any polygraph examination conducted by a licensee.

(4) Inquiries into the personal life, sexual habits, political or religious principles, or any other aspects of one's life that are not connected to, or necessary for, addressing the issue concerned will not be made.

(5) Examinations addressing secondary aspects of an unresolved direct issue will not be made merely to avoid or circumvent addressing a primary issue or to satisfy the personal desires of the examinee or client.

(6) Information concerning polygraph examinations will not be released to unauthorized persons. This does not preclude consultation with other examiners, or testimony before legal proceeding or other duly constituted authority, or information requested by the department.

(7) It is the responsibility of each examiner to promote proper polygraph procedures. Knowledge of deliberate violations of the law governing polygraphy should be brought to the attention of the department. Any relevant issue shall be presented to national professional association for consideration and action, if appropriate.

(8) Any polygraph examiner conducting a registered business in the state of New Mexico must show proof of full time residency in the state while conducting business in the state. Any exception shall be heard or proved by the department.

(9) Anyone conducting a polygraph exam in the state of New Mexico must be licensed by the state.

N.M. Admin. Code § 16.48.1.8

16.48.1.8 NMAC - Re-pr, 16.48.1.8 NMAC, 09/24/08, Amended by New Mexico Register, Volume XXXII, Issue 04, February 23, 2021, eff. 2/23/2021