[HISTORY: Adopted by the Board of County Commissioners of
Otero County 11-2-1993 by Ord. No. 92-03. Amendments noted where
applicable.]
To provide for the general welfare, public peace, health and
safety of the citizens of Otero County, emergency passage of this
chapter is required to protect the citizens of Otero County from current
or potential violations of their rights or privilege as guaranteed
by the United States Constitution, federal statutes and local ordinances.
The Civil Rights Act, 18 U.S.C. §§ 241 and 245(a)(1),
shall be adopted as a County ordinance by the County Commissioners
of Otero County.
A.
All violations
of this chapter and the rights or privileges that this chapter protects
shall be filed with the County, District or Prosecuting Attorney or
with the District Court Judge for submission to a grand jury. Once
a petition regarding such violation of a right or privilege protected
by this chapter is filed with the County, District or Prosecuting
Attorney or the grand jury, an investigation of such violation must
occur, including a determination of the identification of the person(s),
including but not limited to any employee of the federal, state or
County government responsible for such violation.
B.
Nothing
in this chapter shall be construed to prohibit the County officers
or the grand jury from investigating any potential violation of this
chapter.
C.
All violations
of this chapter shall be considered a criminal matter, therefore,
the punishment imposed upon the determination of a guilty verdict
shall be the maximum punishment allowed by the state law of New Mexico.
