A. The commission may issue advisory opinions on matters related to ethics. Advisory opinions shall:
(1) be requested in writing by a public official, public employee, candidate, person subject to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978], government contractor, lobbyist or lobbyist's employer;
(2) identify a specific set of circumstances involving an ethics issue;
(3) be issued within sixty days of receipt of the request unless the commission notifies the requester of a delay in issuance and continues to notify the requester every thirty days until the advisory opinion is issued; and
(4) be published after omitting the requester's name and identifying information.
B. A request for an advisory opinion shall be confidential and not subject to the provisions of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978].
C. Unless amended or revoked, an advisory opinion shall be binding on the commission in any subsequent commission proceedings concerning a person who acted in good faith and in reasonable reliance on the advisory opinion.
History: Laws 2019, ch. 86, § 8.
Effective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 8 effective July 1, 2019.
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.
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.