Section 10-16G-8 – Advisory opinions.
A. The commission may issue advisory opinions on matters related to ethics. Advisory opinions shall: (1) be requested in writing by a public official, public employee, candidate, person subject to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978], government contractor, lobbyist or lobbyist’s employer; (2) identify a specific set of circumstances involving an ethics […]
Section 10-16G-9 – Commission jurisdiction; compliance provisions.
A. The commission has jurisdiction to enforce the applicable civil compliance provisions for public officials, public employees, candidates, persons subject to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978], government contractors, lobbyists and lobbyists’ employers of: (1) the Campaign Reporting Act; (2) the Financial Disclosure Act [Chapter 10, Article 16A NMSA 1978]; (3) the […]
Section 10-16G-9 – Commission jurisdiction; compliance provisions. (Effective January 1, 2022.)
A. The commission has jurisdiction to enforce the applicable civil compliance provisions for public officials, public employees, candidates, persons subject to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978], government contractors, lobbyists and lobbyists’ employers of: (1) the Campaign Reporting Act; (2) the Financial Disclosure Act [Chapter 10, Article 16A NMSA 1978]; (3) the […]
Section 10-16G-10 – Complaints; investigations; subpoenas.
A. A complaint of an alleged ethics violation committed by a public official, public employee, candidate, person subject to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978], government contractor, lobbyist, lobbyist’s employer or a restricted donor subject to the Gift Act [Chapter 10, Article 16B NMSA 1978] may be filed with the commission by […]
Section 10-16G-11 – Status of investigation; reports to commission.
A. If a hearing has not been scheduled concerning the disposition of a complaint within ninety days after the complaint is received, the director shall report to the commission on the status of the investigation. The commission may dismiss the complaint or instruct the director to continue the investigation of the complaint. Unless the commission […]
Section 10-16G-12 – Investigation report; commission hearings; decisions and reasons given; disclosure of an ethics violation.
A. Upon receipt of the general counsel’s recommendation, the commission or hearing officer shall: (1) dismiss a complaint and notify the complainant and the respondent of the dismissal; or (2) set a public hearing, as soon as practicable. B. At any time before or during a hearing provided for in Subsection A of this section, […]
Section 10-16G-13 – Confidentiality of records; penalty.
A. A decision that a respondent’s conduct constituted a violation, and the terms of a settlement approved by the commission, are public records. Pleadings, motions, briefs and other documents or information related to the decision are public records, except for information that is confidential or protected pursuant to attorney-client privilege, provider-patient privilege or state or […]
Section 10-16G-14 – Criminal violations; referral.
If the commission finds at any time that a respondent’s conduct amounts to a criminal violation, the director shall consult with the attorney general or an appropriate district attorney, and the commission may refer the matter to the attorney general or an appropriate district attorney. The commission may provide the attorney general or district attorney […]
Section 10-16G-15 – Time limitations on jurisdiction.
A. The commission shall not accept or consider a complaint unless the complaint is filed with the commission within the later of two years from the date: (1) on which the alleged conduct occurred; or (2) the alleged conduct could reasonably have been discovered. B. The commission shall not adjudicate a complaint filed against a […]
Section 10-16G-16 – Prohibited actions.
A. A person shall not take or threaten to take any retaliatory, disciplinary or other adverse action against another person who in good faith: (1) files a verified complaint with the commission that alleges a violation; or (2) provides testimony, records, documents or other information to the commission during an investigation or at a hearing. […]