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Section 10-16-1 – Short title.

Chapter 10, Article 16 NMSA 1978 may be cited as the “Governmental Conduct Act”. History: 1953 Comp., § 5-12-1, enacted by Laws 1967, ch. 306, § 1; 1993, ch. 46, § 26. ANNOTATIONS The 1993 amendment, effective July 1, 1993, rewrote this section, which read “This act may be cited as the ‘Conflict of Interest […]

Section 10-16-10 – Repealed.

ANNOTATIONS Repeals. — Laws 1993, ch. 46, § 58 repealed 10-16-10 NMSA 1978, as enacted by Laws 1967, ch. 306, § 10, relating to disclosures, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

Section 10-16-11 – Codes of conduct.

A. Each elected statewide executive branch public officer shall adopt a general code of conduct for employees subject to the officer’s control. The New Mexico legislative council shall adopt a general code of conduct for all legislative branch employees. The general codes of conduct shall be based on the principles set forth in the Governmental […]

Section 10-16-11.1 – State agency or local government agency authority.

Nothing in the Governmental Conduct Act shall be construed to preclude a state agency or local government agency from adopting and publishing ordinances, rules or standards that are more stringent than those required by the Governmental Conduct Act. History: Laws 2011, ch. 138, § 13. ANNOTATIONS Effective dates. — Laws 2011, ch. 138, § 15 […]

Section 10-16-12 – Repealed.

ANNOTATIONS Repeals. — Laws 1993, ch. 46, § 58 repealed 10-16-12 NMSA 1978, as enacted by Laws 1967, ch. 306, § 12, relating to disclosure for person on retainer or contract, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

Section 10-16-13 – Prohibited bidding.

No state agency or local government agency shall accept a bid or proposal from a person who directly participated in the preparation of specifications, qualifications or evaluation criteria on which the specific competitive bid or proposal was based. A person accepting a bid or proposal on behalf of a state agency or local government agency […]

Section 10-16-13.1 – Education and voluntary compliance.

A. The state ethics commission shall advise and seek to educate all persons required to perform duties under the Governmental Conduct Act of those duties. This includes advising all those persons at least annually of that act’s ethical principles. B. The state ethics commission shall seek first to ensure voluntary compliance with the provisions of […]

Section 10-16-13.3 – Prohibited contributions; financial service contractors.

A. A business that contracts with a state agency or local government agency to provide financial services involving the investment of public money or issuance of bonds for public projects shall not knowingly contribute anything of value to a public officer or employee of that state agency or local government agency who has authority over […]

Section 10-16-14 – Enforcement procedures.

A. The state ethics commission may investigate suspected violations of the Governmental Conduct Act and forward its findings and evidence to the attorney general, district attorney or appropriate state agency or legislative body for enforcement. If a suspected violation involves the office of the state ethics commission, the attorney general may enforce that act. If […]

Section 10-16-15 – Repealed.

ANNOTATIONS Repeals. — Laws 1993, ch. 46, § 58 repealed 10-16-15 NMSA 1978, as enacted by Laws 1967, ch. 306, § 15, relating to standing in court, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

Section 10-16-16 – Recompiled.

ANNOTATIONS Recompilations. — Laws 1997, ch. 112, § 10 recompiled 10-16-16 NMSA 1978, relating to medicaid and department of human services employees, as 27-2-12.7 NMSA 1978, effective June 20, 1997.

Section 10-16-17 – Criminal penalties.

Unless specified otherwise in the Governmental Conduct Act, any person who knowingly and willfully violates any of the provisions of that act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both. Nothing in […]

Section 10-16-18 – Enforcement; civil penalties.

A. If the state ethics commission reasonably believes that a person committed, or is about to commit, a violation of the Governmental Conduct Act, the state ethics commission may refer the matter to the attorney general or a district attorney for enforcement. B. The state ethics commission may institute a civil action in district court […]

Section 10-16-2 – Definitions.

As used in the Governmental Conduct Act: A. “business” means a corporation, partnership, sole proprietorship, firm, organization or individual carrying on a business; B. “confidential information” means information that by law or practice is not available to the public; C. “contract” means an agreement or transaction having a value of more than one thousand dollars […]

Section 10-16-3.1 – Prohibited political activities.

A public officer or employee is prohibited from: A. directly or indirectly coercing or attempting to coerce another public officer or employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for a political purpose; B. threatening to deny a promotion or pay increase to an employee who […]

Section 10-16-4.1 – Honoraria prohibited.

No legislator, public officer or employee may request or receive an honorarium for a speech or service rendered that relates to the performance of public duties. For the purposes of this section, “honorarium” means payment of money, or any other thing of value in excess of one hundred dollars ($100), but does not include reasonable […]

Section 10-16-4.2 – Disclosure of outside employment.

A public officer or employee shall disclose in writing to the officer’s or employee’s respective office or employer all employment engaged in by the officer or employee other than the employment with or service to a state agency or local government agency. History: Laws 2007, ch. 362, § 10; 2011, ch. 138, § 6. ANNOTATIONS […]