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New Mexico Department of Public Safety Secretary Jason Bowie departs from a Law Enforcement Certification Board meeting in Albuquerque on Feb. 21, 2025. (Photo by Austin Fisher / Source NM)

The Department of Public Safety is actively interfering in police misconduct cases being handled by the Law Enforcement Certification Board, the board’s chief executive officer said in a public meeting on Friday.

State law requires the LECB to investigate police misconduct and deny, suspend or revoke police licenses as a result of those investigations.

The LECB scheduled, and then canceled on Jan. 21, a special meeting called by CEO Joshua Calder in order to discuss his concerns about the board’s independence from the department.

The board’s first meeting since December, held in Albuquerque on Friday afternoon, included a tense exchange between Calder and the board’s newly elected Vice President Cody Ray Rogers Benavidez when the latter asked Calder if DPS was actively interfering in cases before the board.

While Calder replied affirmatively, he declined to provide more details when probed and said the specific circumstances should be discussed privately. Roger Benavidez ultimately agreed when Calder said the situation involved an ongoing investigation, but added, “I want to know why we haven’t been made aware of that until now.”

Rogers Benavidez then asked Calder to inform the board about which case, which he said he would do.

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DPS secretary urges board to fire CEO, threatens lawsuit

The agenda for Friday’s meeting indicated the board expected to meet behind closed doors to discuss a misconduct complaint filed against Department of Public Safety Secretary Jason Bowie. The first action the board took on Friday was to remove the item from the agenda after Chair Summer Kelly Mirabal explained that staff had “erroneously posted” the agenda including it.

During public comment, Bowie accused Calder of lying about DPS taking away his work cell phone and office space — allegations Calder made in a Jan. 6 email leaked to Source NM — and suggested the board fire him for being dishonest.

“This should have been a straightforward administrative matter but has caused unnecessary turmoil, damaged relationships, and harmed the credibility of both this board and DPS,” Bowie said. “Calder serves at the pleasure of the board and given his clear dishonesty, this board has the authority to dismiss him, and it should be done so today.”

Bowie wasn’t able to finish his prepared statement within the limited time allowed for public comment. After the meeting, the Department of Public Safety published his statement in full. In it, he threatened litigation against the board if they choose to move forward with the complaint, the details of which have not yet been disclosed.

“To date, I have received no formal notification from the LECB regarding this matter — no complaint details, no official notice of allegations, and no due process protections,” Bowie said in the written statement. “Proceeding under these conditions would be a clear violation of my rights as a certified and commissioned law enforcement officer and an additional breach of the Open Meetings Act.”

Bowie added that the complaint was filed by a citizen, and that if the board accepts it as an official police misconduct filing, “it will set a dangerous precedent, one that I predict will face legal challenges from the New Mexico Association of Chiefs of Police, the New Mexico Sheriff’s Association, and the New Mexico Municipal League.”

The cabinet secretary was joined by four current and former police officers who came to his defense, including former State Police chief and New Mexico Municipal League Public Safety Director Tim Johnson, a former DPS secretary Scott Weaver, Clayton Police Chief Al Nieves and Cuba Police Chief David Coleman.

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