Chapter 10 — Chapter 10

ANNOTATIONS Repeals. — Laws 1993, ch. 46, § 58 repealed 10-16-10 NMSA 1978, as enacted by Laws 1967, ch. 306, § 10, relating to disclosures, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

A. Each elected statewide executive branch public officer shall adopt a general code of conduct for employees subject to the officer's control. The New Mexico legislative council shall adopt a general code of conduct for all legislative branch employees. The general codes of cond…

Nothing in the Governmental Conduct Act shall be construed to preclude a state agency or local government agency from adopting and publishing ordinances, rules or standards that are more stringent than those required by the Governmental Conduct Act. History: Laws 2011, ch. 138, §…

ANNOTATIONS Repeals. — Laws 1993, ch. 46, § 58 repealed 10-16-12 NMSA 1978, as enacted by Laws 1967, ch. 306, § 12, relating to disclosure for person on retainer or contract, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

No state agency or local government agency shall accept a bid or proposal from a person who directly participated in the preparation of specifications, qualifications or evaluation criteria on which the specific competitive bid or proposal was based. A person accepting a bid or p…

A. The state ethics commission shall advise and seek to educate all persons required to perform duties under the Governmental Conduct Act of those duties. This includes advising all those persons at least annually of that act's ethical principles. B. The state ethics commission s…

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 publ…

A. A business that contracts with a state agency or local government agency to provide financial services involving the investment of public money or issuance of bonds for public projects shall not knowingly contribute anything of value to a public officer or employee of that sta…

A. The state ethics commission may investigate suspected violations of the Governmental Conduct Act and forward its findings and evidence to the attorney general, district attorney or appropriate state agency or legislative body for enforcement. If a suspected violation involves …

ANNOTATIONS Repeals. — Laws 1993, ch. 46, § 58 repealed 10-16-15 NMSA 1978, as enacted by Laws 1967, ch. 306, § 15, relating to standing in court, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

ANNOTATIONS Recompilations. — Laws 1997, ch. 112, § 10 recompiled 10-16-16 NMSA 1978, relating to medicaid and department of human services employees, as 27-2-12.7 NMSA 1978, effective June 20, 1997.

Unless specified otherwise in the Governmental Conduct Act, any person who knowingly and willfully violates any of the provisions of that act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more …

A. If the state ethics commission reasonably believes that a person committed, or is about to commit, a violation of the Governmental Conduct Act, the state ethics commission may refer the matter to the attorney general or a district attorney for enforcement. B. The state ethics …

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. "contr…

prohibited; penalty. A. A legislator or public officer or employee shall treat the legislator's or public officer's or employee's government position as a public trust. The legislator or public officer or employee shall use the powers and resources of public office only to advanc…

A public officer or employee is prohibited from: A. directly or indirectly coercing or attempting to coerce another public officer or employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for a political purpose; B. threatenin…

disqualification from official act; providing a penalty. A. It is unlawful for a public officer or employee to take an official act for the primary purpose of directly enhancing the public officer's or employee's financial interest or financial position. Any person who knowingly …

No legislator, public officer or employee may request or receive an honorarium for a speech or service rendered that relates to the performance of public duties. For the purposes of this section, "honorarium" means payment of money, or any other thing of value in excess of one hu…

A public officer or employee shall disclose in writing to the officer's or employee's respective office or employer all employment engaged in by the officer or employee other than the employment with or service to a state agency or local government agency. History: Laws 2007, ch.…

It is unlawful for a state agency employee or local government agency employee who is participating directly or indirectly in the contracting process to become or to be, while such an employee, the employee of any person or business contracting with the governmental body by whom …

ANNOTATIONS Repeals. — Laws 1993, ch. 46, § 58 repealed 10-16-5 NMSA 1978, as enacted by Laws 1967, ch. 306, § 5, relating to acquiring financial interest, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com. .

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 anot…

A. A state agency shall not enter into a contract with a public officer or employee of the state, with the family of the public officer or employee or with a business in which the public officer or employee or the family of the public officer or employee has a substantial interes…

representation of clients after government service. A. A state agency shall not enter into a contract with, or take any action favorably affecting, any person or business that is: (1) represented personally in the matter by a person who has been a public officer or employee of th…

agencies. A. A state agency shall not enter into a contract for services, construction or items of tangible personal property with a legislator, the legislator's family or with a business in which the legislator or the legislator's family has a substantial interest unless the leg…

Chapter 10, Article 16A NMSA 1978 may be cited as the "Financial Disclosure Act". History: Laws 1993, ch. 46, § 39; 2019, ch. 86, § 27.

As used in the Financial Disclosure Act: A. "business" means a corporation, partnership, sole proprietorship, firm, organization or individual carrying on a business; B. "employment" means rendering of services for compensation in the form of salary as an employee; C. "financial …

officers and employees; condition for placement on ballot or appointment. A. A person holding a legislative or statewide office shall file with the secretary of state a financial disclosure statement during the month of January every year that the person holds public office. B. A…

state agencies; condition of employment. A. Every employee who is not otherwise required to file a financial disclosure statement under the Financial Disclosure Act and who has a financial interest that he believes or has reason to believe may be affected by his official act or a…

A. The secretary of state shall advise and seek to educate all persons required to perform duties under the Financial Disclosure Act of those duties. This includes providing timely advance notice of the required financial disclosure statement and preparing forms that are clear an…

A. The state ethics commission may conduct thorough examinations of statements and initiate investigations to determine whether the Financial Disclosure Act has been violated. Any person who believes that act has been violated may file a written complaint with the state ethics co…

Any person who knowingly and willfully violates any of the provisions of the Financial Disclosure Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both. History: Laws 199…

A. If the state ethics commission reasonably believes that a person committed, or is about to commit, a violation of the Financial Disclosure Act, the commission may refer the matter to the attorney general or a district attorney for enforcement. B. The state ethics commission ma…

The secretary of state may promulgate rules to implement the provisions of the Financial Disclosure Act. In promulgating the rules, the secretary of state shall comply with the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978]. History: Laws 2021, ch. 109, § 21.

Chapter 10, Article 16B NMSA 1978 may be cited as the "Gift Act". History: Laws 2007, ch. 226, § 1; 2019, ch. 86, § 31.

As used in the Gift Act: A. "family" means a spouse and dependent children; B. "gift" means any donation or transfer without commensurate consideration of money, property, service, loan, promise or any other thing of value, including food, lodging, transportation and tickets for …

A. A state officer or employee or a candidate for state office, or that person's family, shall not knowingly accept from a restricted donor, and a restricted donor shall not knowingly donate to a state officer or employee or a candidate for state office, or that person's family, …

A person who violates the provisions of the Gift Act is guilty of a petty misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31- 19-1 NMSA 1978. History: Laws 2007, ch. 226, § 4.

A. The state ethics commission may initiate investigations to determine whether the provisions of the Gift Act have been violated. A person who believes that a violation of the Gift Act has occurred may file a complaint with the state ethics commission. B. If the state ethics com…

This act [10-16C-1 to 10-16C-6 NMSA 1978] may be cited as the "Whistleblower Protection Act". History: Laws 2010, ch. 12, § 1.

As used in the Whistleblower Protection Act: A. "good faith" means that a reasonable basis exists in fact as evidenced by the facts available to the public employee; B. "public employee" means a person who works for or contracts with a public employer; C. "public employer" means:…

A public employer shall not take any retaliatory action against a public employee because the public employee: A. communicates to the public employer or a third party information about an action or a failure to act that the public employee believes in good faith constitutes an un…

remedy not exclusive. A. A public employer that violates the provisions of the Whistleblower Protection Act shall be liable to the public employee for actual damages, reinstatement with the same seniority status that the employee would have had but for the violation, two times th…

Every public employer shall keep posted in a conspicuous place on the public employer's premises notices prepared by the employer that set forth the provisions of the Whistleblower Protection Act. History: Laws 2010, ch. 12, § 5.

A civil action pursuant to the Whistleblower Protection Act shall be forever barred unless the action is filed within two years from the date on which the retaliatory action occurred. History: Laws 2010, ch. 12, § 6.

Chapter 10, Article 16D NMSA 1978 may be cited as the "Sunshine Portal Transparency Act". History: Laws 2010, ch. 34, § 1; 2011, ch. 13, § 1.

As used in the Sunshine Portal Transparency Act: A. "contract" means an agreement with a state 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 …

A. The department, with the department of finance and administration, shall develop, operate and maintain a single internet web site that is free, user-friendly, searchable and accessible to the public, known as the "sunshine portal", to host the state's financial information for…

A. Pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978], the department shall promulgate rules necessary to implement the architecture, information exchange process and maintenance of the sunshine portal pursuant to the Sunshine Portal Transparency Act. B. Pursuant t…

Nothing in the Sunshine Portal Transparency Act shall require disclosure of information that is confidential by state or federal law. History: Laws 2010, ch. 34, § 5.