A. The "state ethics commission" is established as an independent state agency under the direction of seven commissioners, no more than three of whom may be members of the same political party, whose terms and qualifications shall be as provided by law. The governor shall appoint one commissioner. One commissioner each shall be appointed by the president pro tempore of the senate, the minority floor leader of the senate, the speaker of the house of representatives and the minority floor leader of the house of representatives, all as certified by the chief clerks of the respective chambers. Two commissioners, who shall not be members of the same political party, shall be appointed by the four legislatively appointed commissioners.

B. The state ethics commission may initiate, receive, investigate and adjudicate complaints alleging violations of, and issue advisory opinions concerning, standards of ethical conduct and other standards of conduct and reporting requirements, as may be provided by law, for state officers and employees of the executive and legislative branches of government, candidates or other participants in elections, lobbyists or government contractors or seekers of government contracts and have such other jurisdiction as provided by law.

C. The state ethics commission may require the attendance of witnesses or the production of records and other evidence relevant to an investigation by subpoena as provided by law and shall have such other powers and duties and administer or enforce such other acts as further provided by law. (As added November 6, 2018.)

ANNOTATIONS

Compiler’s notes. — This section, which was proposed by H.J.R. No. 8 (Laws 2017), was adopted at the general election held November 6, 2018, by a vote of 466,029 for and 153,869 against.

State ethics commission lacks jurisdiction to adjudicate an administrative complaint against a member of the legislature for claims predicated on legislative acts. — N.M. Const., Art. IV, § 13's speech and debate clause provides members of the legislature with immunity from administrative, civil, and criminal actions, whether brought by private individuals or an executive branch agency, for legislative acts taken in the course of the members' official responsibilities, and therefore when claims alleged against a legislator are predicated on that legislator's legislative acts, Art. IV, § 13 operates as a jurisdictional bar to both judicial and administrative proceedings. The state ethics commission, therefore, lacks jurisdiction to adjudicate an administrative complaint that alleges a member of the New Mexico legislature violated the Governmental Conduct Act by introducing a bill, making comments related to a bill in a legislative committee or on the member's respective floor, or voting on the bill. 2021 Op. Ethics Comm’n No. 2021-12.