2021 New Mexico Statutes
Article 16 - Governmental Conduct
Section 10-16-6 - Confidential information.

No legislator or public officer or employee shall use or disclose confidential information acquired by virtue of the legislator's or public officer's or employee's position with a state agency or local government agency for the legislator's, public officer's or employee's or another's private gain.
History: 1953 Comp., § 5-12-6, enacted by Laws 1967, ch. 306, § 6; 1993, ch. 46, § 30; 2007, ch. 362, § 4; 2011, ch. 138, § 7.
The 2011 amendment, effective July 1, 2011, prohibited legislators and public officers and employees from disclosing confidential information acquired from their position with a local government agency.
The 2007 amendment, effective July 1, 2007, prohibited the disclosure of confidential information.
The 1993 amendment, effective July 1, 1993, inserted "public officer".
A legislator, in providing legal services in a private capacity, did not violate the Governmental Conduct Act by asserting claims against a public agency. — A legislator, in providing services as a private attorney, did not violate the Governmental Conduct Act when the legislator filed three separate discrimination and public-records lawsuits against the Martin Luther King, Jr. commission (MLK commission), spoke about these lawsuits with the media, and made six requests for public records under the Inspection of Public Records Act, because under these sets of facts, there was nothing to suggest the legislator received, much less disclosed, confidential information about the MLK commission that the legislator acquired through his or her office as a member of the New Mexico legislature. 2021 Op. Ethics Comm'n No. 2021-04.

Structure 2021 New Mexico Statutes