Sections 1 through 16 [10-16G-1 to 10-16G-16 NMSA 1978] of this act may be cited as the “State Ethics Commission Act”. History: Laws 2019, ch. 86, § 1. ANNOTATIONS Effective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 1 effective July 1, 2019. Applicability. — Laws 2019, ch. 86, […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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. […]
As used in the State Ethics Commission Act: A. “commission” means the state ethics commission; B. “commissioner” means a member of the commission; C. “complainant” means a person who files a verified complaint with the commission; D. “complaint” means a complaint that has been signed by the complainant and the complainant attests under oath and […]
A. The “state ethics commission”, as created in Article 5, Section 17 of the constitution of New Mexico, is composed of seven commissioners, appointed as follows: (1) one commissioner appointed by the speaker of the house of representatives; (2) one commissioner appointed by the minority floor leader of the house of representatives; (3) one commissioner […]
A. To qualify for appointment to the commission, a person shall: (1) be a qualified elector of New Mexico; (2) not have changed party registration in the five years next preceding the member’s appointment in such a manner that the member’s prior party registration would make the member ineligible to serve on the commission; (3) […]
A. The commission shall: (1) employ an executive director, who shall be an attorney, upon approval of at least five commissioners; (2) develop, adopt and promulgate the rules necessary for it to implement and administer the provisions of the State Ethics Commission Act; and (3) establish qualifications for hearing officers and rules for hearing procedures […]
A. The commission shall appoint an executive director who shall be knowledgeable about state ethics laws and who shall be appointed without reference to party affiliation and solely on the grounds of fitness to perform the duties of the office. The director shall hold office from the date of appointment until such time as the […]
A. A commissioner may recuse from a particular matter. B. A commissioner shall recuse from any matter in which the commissioner is unable to make a fair and impartial decision or in which there is a reasonable doubt about whether the commissioner can make a fair and impartial decision, including: (1) when the commissioner has […]
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 […]
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 […]
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 […]
