I was a Detective at a New Mexico police department. A superior made a formal complaint against me which later led to my demotion from Detective to Officer and 8 days of unpaid suspension.
The superior was also in charge of internal affairs.
The chief of police assigned this superior to investigate the complaint he had made against me. I sent a letter to the chief citing conflict of interest. The chief allowed the superior to continue his investigations even after he had received the letter.
I was never allowed a formal hearing I was just interviewed by the superior and eventually by a different superior, never the chief. I then had a brief determination hearing with the city manager who upheld the findings of the 'investigation'. The city manager gave no reason, just that he upheld the findings.
Does this violate the due process clause requiring a fair and impartial adjudicator?
And yes, there is a lot more to this case.
The superior was also in charge of internal affairs.
The chief of police assigned this superior to investigate the complaint he had made against me. I sent a letter to the chief citing conflict of interest. The chief allowed the superior to continue his investigations even after he had received the letter.
I was never allowed a formal hearing I was just interviewed by the superior and eventually by a different superior, never the chief. I then had a brief determination hearing with the city manager who upheld the findings of the 'investigation'. The city manager gave no reason, just that he upheld the findings.
Does this violate the due process clause requiring a fair and impartial adjudicator?
And yes, there is a lot more to this case.