N.M. Code R. § 6.50.1.10 – Code of Ethics

A. Registration and disclosure duties of public officials.
1. (1) Upon becoming a public official, a person shall provide a financial disclosure to the secretary of state and a copy to the authority office as listed below. This information shall be updated by January 31 at midnight each year thereafter as long as the filer holds the same position and shall be available to the public at all times:
  1. (a) name;
  2. (b) address and telephone number;
  3. (c) professional, occupational or business licenses;
  4. (d) membership on boards of directors of corporations, public or private associations or organizations, and the nature, but not the extent or amount, of their financial interests as defined in Subsection X of 6.50.1.7 NMAC within one month of becoming a public official.
2. (2) A public official who has a financial interest which may be affected by an official act of the authority, ad hoc or advisory committee shall declare such interest prior to discussion, voting, advising or taking any other action and that declaration shall be entered in the official minutes of the authority. A public official shall abstain from voting, advising or taking any other action including discussion on that issue if the decision, in their opinion, may affect their financial interest in a manner different from its effect on the general public.
B. No public official shall request or receive a gift or loan for personal use or for the use of others from any person involved in a business transaction with the authority with the following exceptions:
1. (1) an occasional non-pecuniary gift of insignificant value;
2. (2) an award publicly presented in recognition of public service;
3. (3) a commercially reasonable loan made in the ordinary course of business by an institution authorized by the laws of the state to engage in the business of making loans; or
4. (4) a political campaign contribution, provided that such gift or loan is properly reported and actually used in a political campaign.
C. No public official shall personally represent private interests before the authority board or any ad hoc or standing committee.
D. No public official shall use or disclose insider information regarding the authority for their own or other’s private purposes.
E. No public official shall use authority services, personnel or equipment for personal benefit, convenience or profit, except when such use is generally available to the public and when in accordance with policies of the authority board.
F. No public official shall acquire or negotiate to acquire a financial interest at a time when the official believes or has reason to believe that it will be substantially or directly affected by their official acts.
G. No public official shall enter into a contract or transaction with the authority or its public officials, unless the contract or transaction is made public by filing notice with the authority board.
H. No public official shall vote or otherwise participate in the negotiation or the making of any authority contract with any business or entity in which they have a direct financial interest.
I. No public official shall seek to be awarded a contract where such public official has participated in the process of preparation of the bid or request for proposals.
J. Any contract, approval, sale or purchase entered into or official action taken by a public official in violation of 6.50.1.10 NMAC may be voided by action of the authority board.
K. It is a violation of 6.50.1.10 NMAC for any public official knowingly, willfully or intentionally to conceal or fail to disclose any financial interest required to be disclosed by 6.50.1.10 NMAC or violate any of its provisions.
L. Any person may make a sworn, written complaint to the authority board of a violation by a public official of 6.50.1.10 NMAC. Such complaint shall be filed with the authority executive director or if it is a complaint against the executive director, then with the authority board. The complaint shall state the specific provision of 6.50.1.10 NMAC which has allegedly been violated and the facts which the complainant believes support the complaint. Within 15 days of receiving the complaint, the authority board in executive session shall appoint a hearing officer to review the complaint for probable cause. The hearing officer shall receive the written complaint and notify the person complained against of the charge. Persons complained against shall have the opportunity to submit documents to the hearing officer for review in determining probable cause. Within 15 days of undertaking the inquiry to determine probable cause, the hearing officer shall report findings to the authority board. In the event the hearing officer rejects a complaint as lacking in probable cause, they shall provide a written statement of reasons for the rejection to the authority board and the complainant. Upon a finding of probable cause, within 30 days the hearing officer shall conduct an open hearing in accordance with due process of law. Within a time after the hearing, as specified by the authority board, the hearing officer shall report the findings and recommendations to the authority board for appropriate action based on those findings and recommendations. If the complaint is found to be frivolous, the authority board may assess the complainant the costs of the hearing officer's fees. Upon recommendation of the hearing officer, the authority board may issue a public reprimand to the public official; remove or suspend from office, employment or contract and refer complaints against public officials to the appropriate law enforcement agency for investigation and prosecution.
M. The executive director and the authority board shall maintain the confidentiality of the complaint and instruct the complainant that they are also required to keep the complaint confidential pursuant to Subsection L of 6.50.1.10 NMAC. Except for the hearing, the proceedings shall be kept confidential by all parties concerned, unless the accused public official requests that the process be open at any stage.
N. A separate hearing officer shall be appointed by the authority board for each complaint. The hearing officer may be an authority board member, agent or employee of the authority or another person. The complainant and the person complained against have the right to one disqualification of a designated hearing officer.
HISTORY OF 6.50.1 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under:
NMPSIA 86-1, Open Meetings Act Resolution, filed 09-18-86; NMPSIA 86-2, Definitions, filed 10-31-86;
NMPSIA 88-2, Definitions, filed 11-4-88; NMPSIA 86-3, Board Procedures and General authority, filed 10-31-86;
NMPSIA 86-4, Community Relations, filed 10-31-86; NMPSIA 89-2, Staff Headquarters, filed 08-03-89;
NMPSIA Rule 93-1, Definitions, filed 03/22/1993; NMPSIA Rule 93-3, Board Procedures and General authority, filed 03/22/1993; Community Relations, filed 10-31-86;
NMPSIA Rule 93-2, Community Relations, filed 03/22/1993;
NMPSIA Rule 89-200, Code of Ethics, filed 03-27-89;
NMPSIA 93-4, Code of Ethics, filed 03/22/1993.
History of Repealed Material:
6.50.1 NMAC, General Provisions, filed 7/1/2004 - Repealed effective 9/1/2014.
Other History:
NMPSIA Rule 93-1, Definitions (filed 03/22/1993); NMPSIA Rule 93-2, Community Relations (filed 03/22/1993); NMPSIA Rule 93-3, Board Procedures and General authority (filed 03/22/1993); NMPSIA 93-4, Code of Ethics (filed 03/22/1993) was all renumbered, reformatted, amended and replaced by 6 NMAC 50.1, General Provisions, effective 10/15/1997.
6 NMAC 50.1, General Provisions (filed 10/1/1997) was renumbered, reformatted, amended and replaced by 6.50.1 NMAC, General Provisions, effective 7/15/2004.
6.50.1 NMAC, General Provisions (filed 7/1/2004) was repealed and replaced by 6.50.1 NMAC, General Provisions, effective 9/1/2014.

[6.50.1.10 NMAC - Rp, 6.50.1.10 NMAC, 9/1/2014; A, 12/10/2024]