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 or refer a matter to the attorney general or a district attorney to institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the Governmental Conduct Act. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of two hundred fifty dollars ($250) for each violation not to exceed five thousand dollars ($5,000).
History: Laws 1995, ch. 153, § 23; 2019, ch. 86, § 26.
The 2019 amendment, effective January 1, 2020, authorized the state ethics commission to refer violations of the Governmental Conduct Act to the attorney general or a district attorney for enforcement; and provided the state ethics commission with the authority to institute a civil action in district court regarding violations of the Governmental Conduct Act; in Subsection A, after "If the", deleted "secretary of", after "state", added "ethics commission", after "Governmental Conduct Act, the", deleted "secretary of", and after "state", deleted "shall" and added "ethics commission may"; and in Subsection B, after "The", added "state ethics commission may institute a civil action in district court or refer a matter to the".
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.