A. A person shall not take or threaten to take any retaliatory, disciplinary or other adverse action against another person who in good faith:
(1) files a verified complaint with the commission that alleges a violation; or
(2) provides testimony, records, documents or other information to the commission during an investigation or at a hearing.
B. A complainant and a respondent shall not communicate ex parte with any hearing officer, commissioner or other person involved in a determination of the complaint.
C. Nothing in the State Ethics Commission Act precludes civil or criminal actions for libel or slander or other civil or criminal actions against a person who files a false claim.
History: Laws 2019, ch. 86, § 16.
Effective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 16 effective January 1, 2020.
Applicability. — Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.
A state employee who also receives a monthly salary from a political campaign committee does not necessarily violate state ethics laws. — Although the Gift Act, 10-16B-1 to 10-16B-4 NMSA 1978, the Governmental Conduct Act, 10-16-1 to 10-16-18 NMSA 1978, the Financial Disclosure Act, 10-16A-1 to 10-16A-8 NMSA 1978, the Campaign Reporting Act, 1-19-25 to 1-19-36 NMSA 1978, and the State Ethics Commission Act, 10-16G-1 to 10-16G-16 NMSA 1978, impose certain duties on state employees and regulate certain state employees' conduct, the limited set of facts presented in this request, that a state employee, while employed and performing regular public duties, is also receiving a monthly salary from a political campaign committee or political organization, do not establish a violation of any of the foregoing statutes. 2020 Op. Ethics Comm'n No. 2020-01.
Structure New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 16G - State Ethics Commission
Section 10-16G-1 - Short title.
Section 10-16G-2 - Definitions.
Section 10-16G-3 - State ethics commission created; membership; terms; removal.
Section 10-16G-4 - Commissioners; qualifications; limitations.
Section 10-16G-5 - Commission; duties and powers.
Section 10-16G-6 - Executive director; appointment; duties and powers.
Section 10-16G-7 - Recusal and disqualification of a commissioner.
Section 10-16G-8 - Advisory opinions.
Section 10-16G-9 - Commission jurisdiction; compliance provisions.
Section 10-16G-9 - Commission jurisdiction; compliance provisions. (Effective January 1, 2022.)
Section 10-16G-10 - Complaints; investigations; subpoenas.
Section 10-16G-11 - Status of investigation; reports to commission.
Section 10-16G-13 - Confidentiality of records; penalty.
Section 10-16G-14 - Criminal violations; referral.