New Mexico Statutes
Article 16 - Governmental Conduct
Section 10-16-13.2 - Certain business sales to the employees of state agencies and local government agencies prohibited.

A. A public officer or employee shall not sell, offer to sell, coerce the sale of or be a party to a transaction to sell goods, services, construction or items of tangible personal property directly or indirectly through the public officer's or employee's family or a business in which the public officer or employee has a substantial interest, to an employee supervised by the public officer or employee. A public officer or employee shall not receive a commission or shall not profit from the sale or a transaction to sell goods, services, construction or items of tangible personal property to an employee supervised by the public officer or employee. The provisions of this subsection shall not apply if the supervised employee initiates the sale. It is not a violation of this subsection if a public officer or employee, in good faith, is not aware that the employee to whom the goods, services, construction or items of tangible personal property are being sold is under the supervision of the public officer or employee.
B. A public officer or employee shall not sell, offer to sell, coerce the sale of or be a party to a transaction to sell goods, services, construction or items of tangible personal property, directly or indirectly through the public officer's or employee's family or a business in which the public officer or employee has a substantial interest, to a person over whom the public officer or employee has regulatory authority.
C. A public officer or employee shall not receive a commission or profit from the sale or a transaction to sell goods, services, construction or items of tangible personal property to a person over whom the public officer or employee has regulatory authority.
D. A public officer or employee shall not accept from a person over whom the public officer or employee has regulatory authority an offer of employment or an offer of a contract in which the public officer or employee provides goods, services, construction, items of tangible personal property or other things of value to the person over whom the public officer or employee has regulatory authority.
History: Laws 2007, ch. 362, § 8; 2011, ch. 138, § 11.
The 2011 amendment, effective July 1, 2011, eliminated the provision that prohibits public officers and employees from purchasing good and services from their family or business in which they have a substantial interest and eliminated the exceptions to the prohibition.

Structure New Mexico Statutes

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 - Official act for personal financial interest prohibited; disqualification from official act; providing a penalty.

Section 10-16-4.1 - Honoraria prohibited.

Section 10-16-4.2 - Disclosure of outside employment.

Section 10-16-4.3 - Prohibited employment.

Section 10-16-5 - Repealed.

Section 10-16-6 - Confidential information.

Section 10-16-7 - Contracts involving public officers or employees.

Section 10-16-8 - Contracts involving former public officers or employees; representation of clients after government service.

Section 10-16-9 - Contracts involving legislators; representation before state agencies.

Section 10-16-10 - Repealed.

Section 10-16-11 - Codes of conduct.

Section 10-16-11.1 - State agency or local government agency authority.

Section 10-16-12 - Repealed.

Section 10-16-13 - Prohibited bidding.

Section 10-16-13.1 - Education and voluntary compliance.

Section 10-16-13.2 - Certain business sales to the employees of state agencies and local government agencies prohibited.

Section 10-16-13.3 - Prohibited contributions; financial service contractors.

Section 10-16-14 - Enforcement procedures.

Section 10-16-15 - Repealed.

Section 10-16-16 - Recompiled.

Section 10-16-17 - Criminal penalties.

Section 10-16-18 - Enforcement; civil penalties.