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 a suspected violation involves the office of the attorney general, a district attorney may enforce that act.
B. Violation of the provisions of the Governmental Conduct Act by any legislator is grounds for discipline by the appropriate legislative body.
C. If the state ethics commission determines that there is sufficient cause to file a complaint to remove from office a public officer removable only by impeachment, the commission shall refer the matter to the house of representatives of the legislature. If within thirty days after the referral the house of representatives has neither formally declared that the charges contained in the complaint are not substantial nor instituted hearings on the complaint, the state ethics commission shall make public the nature of the charges but shall make clear that the merits of the charges have never been determined. Days during which the legislature is not in session shall not be included in determining the thirty-day period.
D. Violation of the provisions of the Governmental Conduct Act by any public officer or employee, other than those covered by Subsection C of this section, is grounds for discipline, including dismissal, demotion or suspension. Complaints against executive branch employees may be filed with the agency head and reviewed pursuant to the procedures provided in the Personnel Act. Complaints against legislative branch employees may be filed with and reviewed pursuant to procedures adopted by the New Mexico legislative council. Complaints against judicial branch employees may be filed and reviewed pursuant to the procedures provided in the judicial personnel rules. Complaints against employees subject to the State Ethics Commission Act may also be filed with the state ethics commission, which shall determine whether to forward a complaint to the appropriate state agency or investigate the complaint on its own.
E. Subject to the provisions of this section, the provisions of the Governmental Conduct Act may be enforced by the state ethics commission. Except as regards legislators, state employees or statewide elected officials, a district attorney in the county where a person who allegedly violated the provisions resides or where an alleged violation occurred may also enforce that act. Enforcement actions may include seeking civil injunctive or other appropriate orders.
History: 1953 Comp., § 5-12-14, enacted by Laws 1967, ch. 306, § 14; 1993, ch. 46, § 36; 2019, ch. 86, § 25.
The 2019 amendment, effective January 1, 2020, provided the state ethics commission with the authority to investigate suspected violations of the Governmental Conduct Act and forward its findings to the appropriate agency for enforcement, provided the state ethics commission with the duty to refer certain complaints to the house of representatives of the legislature, provided that complaints against employees subject to the State Ethics Commission Act may also be filed with the state ethics commission, and provided that the provisions of the Governmental Conduct Act may be enforced by the state ethics commission; in Subsection A, after "The", deleted "secretary of", after "state", added "ethics commission", after "may", deleted "refer" and added "investigate", after "Governmental Conduct Act", added "and forward its findings and evidence", after "involves the office of the", deleted "secretary of", and after "state", added "ethics commission"; in Subsection C, after "If the", deleted "attorney general" and added "state ethics commission", after "file a complaint", deleted "against" and added "to remove from office", after "hearings on the complaint", deleted "attorney general" and added "state ethics commission"; in Subsection D, added the last sentence; and in Subsection E, after "may be enforced by the", deleted "attorney general" and added "state ethics commission", after "regards legislators", added "state employees", and after "county where a person", added "who allegedly violated the provisions", and after "resides or where", deleted "a" and added "an alleged".
The 1993 amendment, effective July 1, 1993, added Subsections A and B and redesignated former Subsections A and B as Subsections C and D; substituted "a public officer" for "a legislator or an employee" in the first sentence of Subsection C; rewrote the first sentence of Subsection D, which read "Violation of the provisions of the Conflict of Interest Act by any employee, other than those covered by Subsection A of this section, is grounds for dismissal, demotion or suspension"; added the second and third sentences in Subsection D; added Subsection E; and made minor stylistic changes in Subsection C.
Structure 2021 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 16 - Governmental Conduct
Section 10-16-1 - Short title.
Section 10-16-2 - Definitions.
Section 10-16-3 - Ethical principles of public service; certain official acts prohibited; penalty.
Section 10-16-3.1 - Prohibited political activities.
Section 10-16-4.1 - Honoraria prohibited.
Section 10-16-4.2 - Disclosure of outside employment.
Section 10-16-4.3 - Prohibited employment.
Section 10-16-6 - Confidential information.
Section 10-16-7 - Contracts involving public officers or employees.
Section 10-16-9 - Contracts involving legislators; representation before state agencies.
Section 10-16-11 - Codes of conduct.
Section 10-16-11.1 - State agency or local government agency authority.
Section 10-16-13 - Prohibited bidding.
Section 10-16-13.1 - Education and voluntary compliance.
Section 10-16-13.3 - Prohibited contributions; financial service contractors.
Section 10-16-14 - Enforcement procedures.
Section 10-16-16 - Recompiled.