1. A. A decision that a respondent's conduct constituted a violation, and the terms of a settlement approved by the commission, are public records. Pleadings, motions, briefs and other documents or information related to the decision are public records, except for information that is confidential or protected pursuant to attorney-client privilege, provider-patient privilege or state or federal law.
2. B. If a complaint is determined to be frivolous, unsubstantiated or outside the jurisdiction of the commission, the complaint shall not be made public by the commission; provided that the commission shall not prohibit the complainant or respondent from releasing the commission's decision or other information concerning the complaint.

3. C. Except as otherwise provided in the acts listed in Section 9 of the State Ethics Commission Act, all complaints, reports, files, records and communications collected or generated by the commission, hearing officer, general counsel or director that pertain to alleged violations shall not be disclosed by the commission or any commissioner, agent or employee of the commission, unless:

   1. (1) disclosure is necessary to pursue an investigation by the commission;
   2. (2) disclosure is required pursuant to the provisions of the State Ethics Commission Act; or
   3. (3) they are offered into evidence by the commission, respondent or another party at a judicial, legislative or administrative proceeding, including a hearing before a hearing officer.
4. D. Information and reports containing information made confidential by law shall not be disclosed by the commission or its director, staff or contractors.
5. E. A commissioner, director, staff or contractor who knowingly discloses any confidential complaint, report, file, record or communication in violation of the State Ethics Commission Act is guilty of a petty misdemeanor.

History: Laws 2019, ch. 86, § 13.

ANNOTATIONS

Effective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 13 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.

The "reasonable specificity" requirement for meeting agendas does not necessarily require the state ethics commission to name the target of an ethics investigation when considering the initiation of a civil action. — The State Ethics Commission Act, 10-16G-1 to 10-16G-16 NMSA 1978, provides that in situations where the state ethics commission is considering initiating an enforcement action but has not yet found probable cause, records of the alleged ethics violations shall not be disclosed and the matter shall remain confidential until the commission makes its decision, and therefore the "reasonable specificity" requirement for notice of meetings, set forth in 10-15-1(I) NMSA 1978 of the Open Meetings Act, does not necessarily require the state ethics commission to name the target of the ethics investigation in an agenda or notice of meeting. 2025 Op. Att'y Gen. No. 25-01.

This section does not represent an exception to the Open Meetings Act's "reasonable specificity" requirement for meeting agendas. — This section does not represent an exception to the "reasonable specificity" requirement for meeting agendas set forth in the Open Meetings Act, 10-15-1 to 10-15-4 NMSA 1978, but is nevertheless relevant to the question of what level of specificity is "reasonable" for the purposes of meeting agendas. 2025 Op. Att'y Gen. No. 25-01.