2021 New Mexico Statutes
Article 16 - Governmental Conduct
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 ($1,000) with a state or local government agency for:
(1) the rendition of services, including professional services;
(2) the furnishing of any material, supplies or equipment;
(3) the construction, alteration or repair of any public building or public work;
(4) the acquisition, sale or lease of any land or building;
(5) a licensing arrangement;
(6) a loan or loan guarantee; or
(7) the purchase of financial securities or instruments;
D. "employment" means rendering of services for compensation in the form of salary as an employee;
E. "family" means an individual's spouse, parents, children or siblings, by consanguinity or affinity;
F. "financial interest" means an interest held by an individual or the individual's family that is:
(1) an ownership interest in business or property; or
(2) any employment or prospective employment for which negotiations have already begun;
G. "local government agency" means a political subdivision of the state or an agency of a political subdivision of the state;
H. "official act" means an official decision, recommendation, approval, disapproval or other action that involves the use of discretionary authority;
I. "public officer or employee" means any elected or appointed official or employee of a state agency or local government agency who receives compensation in the form of salary or is eligible for per diem or mileage but excludes legislators;
J. "standards" means the conduct required by the Governmental Conduct Act;
K. "state agency" means any branch, agency, instrumentality or institution of the state; and
L. "substantial interest" means an ownership interest that is greater than twenty percent.
History: 1953 Comp., § 5-12-2, enacted by Laws 1967, ch. 306, § 2; 1979, ch. 350, § 1; 1993, ch. 46, § 27; 2007, ch. 362, § 1; 2011, ch. 138, § 2.
The 2011 amendment, effective July 1, 2011, added definitions of "contract" and "local government agency" and included officials and employees of local governmental agencies within the definition of "public officer or employee".
The 2007 amendment, effective July 1, 2007, added Subsection D, defining "family"; deleted the definition of "person"; and added Subsection I, defining "state agency".
The 1993 amendment, effective July 1, 1993, substituted "Governmental Conduct Act" for "Conflict of Interest Act" in the introductory paragraph and in Subsection H; deleted Subsections C and D, defining "controlling interest" and "employee"; redesignated Subsections E through G as Subsections C through E; inserted "dependent" preceding "minor" in Subsection D; deleted "except the term does not mean an act of the legislature or an act of general applicability" at the end of Subsection E; added Subsections F, G, and I; and made minor stylistic changes throughout the section.
Judges excluded. — The legislature expressly chose to exclude judges from application of the Governmental Conduct Act. State v. Maestas, 2007-NMSC-001, 140 N.M. 836, 149 P.3d 933.
Self-dealing by non-state-employed council members does not violate the Governmental Conduct Act. — The Governmental Conduct Act does not prohibit members of the New Mexico council for purchasing from persons with disabilities (council) from voting to approve a contract subject to the State Use Act, 13-1C-1 to 13-1C-7 NMSA 1978, between a state agency or local public body and a council member or a company in which the council member has a financial interest. Most of the members of the council do not receive compensation or cost reimbursements from the state, and therefore are not subject to the Governmental Conduct Act's conflict-of-interest provisions, and although the Governmental Conduct Act prohibits a state agency from entering into a contract with a business in which a public officer or employee has a substantial interest, it is the designated central nonprofit agency that holds contracts under the State Use Act, not the council itself. 2020 Op. Ethics Comm'n No. 2020-07.
Scope of section limited. — This article did not apply to employees of school districts or other similar political subdivisions of the state. 1969 Op. Att'y Gen. No. 69-19.
Employees of school districts do not hold a "state office". 1969 Op. Att'y Gen. No. 69-19.
Members of racing commission are within purview of conflict laws as employees. 1979 Op. Att'y Gen. No. 79-15.
New Mexico municipal self-insurers' fund. — The New Mexico municipal self insurers' fund, formed under the provisions of 11-1-3 NMSA 1978, authorizing governing bodies to exercise joint powers, and Article 62, Chapter 3 NMSA 1978, governing municipal insurance, is a state agency and is, therefore, subject to audit by the state auditor under 12-6-3 NMSA 1978. 1987 Op. Att'y Gen. No. 87-65.