reglab/housing_qa huggingface dataset:
NM Stat § 10-16G-7 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 16G - State Ethics Commission|Section 10-16G-7 - Recusal and disqualification of a commissioner.

A. A commissioner may recuse from a particular matter.B. A commissioner shall recuse from any matter in which the commissioner is unable to make a fair and impartial decision or in which there is a reasonable doubt about whether the commissioner can make a fair and impartial decision, including:(1) when the commissioner has a personal bias or prejudice concerning a party to the proceeding or has prejudged a disputed evidentiary fact involved in a proceeding prior to a hearing. For the purposes of this paragraph, "personal bias or prejudice" means a predisposition toward a person based on a previous or ongoing relationship that renders the commissioner unable to exercise the commissioner's functions impartially;(2) when the commissioner has a pecuniary interest in the outcome of the matter; or(3) when in previous employment the commissioner served as an attorney, adviser, consultant or witness in the matter in controversy.C. A party to the proceeding may request the recusal of a commissioner and shall provide the commission with the grounds for the request. If the commissioner declines to recuse upon request of a party to the proceeding, the commissioner shall provide a full explanation in support of the refusal to recuse.D. A party may appeal a commissioner's refusal to recuse, or if the propriety of a commissioner's participation in a particular matter is otherwise questioned, the issue shall be decided by a majority of the other commissioners present and voting.E. A disqualified commissioner shall not participate in any proceedings with reference to the matter from which the commissioner is disqualified or recused, and the commissioner shall be excused from that portion of any meeting at which the matter is discussed.F. Minutes of commission meetings shall record the name of any commissioner not voting on a matter by reason of disqualification or recusal.G. If two or more commissioners have recused themselves or are disqualified from participating in a proceeding, the remaining commissioners shall appoint temporary commissioners to participate in that proceeding. Appointments of temporary commissioners shall be made by a majority vote of the remaining commissioners in accordance with the political affiliation and geographical representation requirements and the qualifications set forth in the State Ethics Commission Act.H. The commission shall promulgate rules for the recusal and disqualification of commissioners, for an appeal of a recusal decision and for the appointment of temporary commissioners.History: Laws 2019, ch. 86, § 7. ANNOTATIONSEffective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 7 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.
NM Stat § 10-16G-8 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 16G - State Ethics Commission|Section 10-16G-8 - Advisory opinions.

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. ANNOTATIONSEffective 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.
NM Stat § 10-16G-11 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 16G - State Ethics Commission|Section 10-16G-11 - Status of investigation; reports to commission.

A. If a hearing has not been scheduled concerning the disposition of a complaint within ninety days after the complaint is received, the director shall report to the commission on the status of the investigation. The commission may dismiss the complaint or instruct the director to continue the investigation of the complaint. Unless the commission dismisses the complaint, the director shall report to the commission every ninety days thereafter on the status of the investigation.B. Upon dismissal of a complaint or a decision to continue an investigation of a complaint, the commission shall notify the complainant and respondent in writing of its action. If the commission has not notified a respondent pursuant to the provisions of Subsection G of Section 10 [10-16G-10 NMSA 1978] of the State Ethics Commission Act, the commission shall vote on whether to notify the respondent. A decision whether to continue to delay notifying the respondent shall be taken by a majority vote of a quorum of the commission and shall be documented in writing with reasonable specificity.History: Laws 2019, ch. 86, § 11. ANNOTATIONSEffective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 11 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.
NM Stat § 10-16G-13 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 16G - State Ethics Commission|Section 10-16G-13 - Confidentiality of records; penalty.

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.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. 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) disclosure is necessary to pursue an investigation by the commission;(2) disclosure is required pursuant to the provisions of the State Ethics Commission Act; or(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.D. Information and reports containing information made confidential by law shall not be disclosed by the commission or its director, staff or contractors.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. ANNOTATIONSEffective 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.
NM Stat § 10-16G-14 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 16G - State Ethics Commission|Section 10-16G-14 - Criminal violations; referral.

If the commission finds at any time that a respondent's conduct amounts to a criminal violation, the director shall consult with the attorney general or an appropriate district attorney, and the commission may refer the matter to the attorney general or an appropriate district attorney. The commission may provide the attorney general or district attorney with all evidence collected during the commission's investigation. Nothing in this section prevents the commission from taking any action authorized by the State Ethics Commission Act or deciding to suspend an investigation pending resolution of any criminal charges.History: Laws 2019, ch. 86, § 14. ANNOTATIONSEffective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 14 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.
NM Stat § 10-16G-15 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 16G - State Ethics Commission|Section 10-16G-15 - Time limitations on jurisdiction.

A. The commission shall not accept or consider a complaint unless the complaint is filed with the commission within the later of two years from the date:(1) on which the alleged conduct occurred; or(2) the alleged conduct could reasonably have been discovered.B. The commission shall not adjudicate a complaint filed against a candidate, except pursuant to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] or Voter Action Act [1-19A-1 to 1-19A-17 NMSA 1978], less than sixty days before a primary or general election. During that time period, the commission may dismiss complaints that are frivolous or unsubstantiated or refer complaints that are outside the jurisdiction of the commission.C. A complainant shall be notified in writing of the provisions of this section and shall also be notified in writing that the complainant may refer allegations of criminal conduct to the attorney general or the appropriate district attorney. D. When commission action on a complaint is suspended pursuant to the provisions of this section, the respondent shall promptly be notified that a complaint has been filed and of the specific allegations in the complaint and the specific violations charged in the complaint.History: Laws 2019, ch. 86, § 15. ANNOTATIONSEffective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 15 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.
NM Stat § 10-16G-16 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 16G - State Ethics Commission|Section 10-16G-16 - Prohibited actions.

A. A person shall not take or threaten to take any retaliatory, disciplinary or other adverse action against another person who in good faith:(1) files a verified complaint with the commission that alleges a violation; or(2) provides testimony, records, documents or other information to the commission during an investigation or at a hearing.B. A complainant and a respondent shall not communicate ex parte with any hearing officer, commissioner or other person involved in a determination of the complaint. C. Nothing in the State Ethics Commission Act precludes civil or criminal actions for libel or slander or other civil or criminal actions against a person who files a false claim.History: Laws 2019, ch. 86, § 16. ANNOTATIONSEffective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 16 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. A state employee who also receives a monthly salary from a political campaign committee does not necessarily violate state ethics laws. — Although the Gift Act, 10-16B-1 to 10-16B-4 NMSA 1978, the Governmental Conduct Act, 10-16-1 to 10-16-18 NMSA 1978, the Financial Disclosure Act, 10-16A-1 to 10-16A-8 NMSA 1978, the Campaign Reporting Act, 1-19-25 to 1-19-36 NMSA 1978, and the State Ethics Commission Act, 10-16G-1 to 10-16G-16 NMSA 1978, impose certain duties on state employees and regulate certain state employees' conduct, the limited set of facts presented in this request, that a state employee, while employed and performing regular public duties, is also receiving a monthly salary from a political campaign committee or political organization, do not establish a violation of any of the foregoing statutes. 2020 Op. Ethics Comm'n No. 2020-01.
NM Stat § 10-16H-1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 16H - Public Employee Caregiver Leave|Section 10-16H-1 - Short title.

Sections 5 through 8 [10-16H-1 to 10-16H-4 NMSA 1978] of this act may be cited as the "Public Employee Caregiver Leave Act".History: Laws 2019, ch. 177, § 5. ANNOTATIONSEffective dates. — Laws 2019, ch. 177 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 10-16H-2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 16H - Public Employee Caregiver Leave|Section 10-16H-2 - Definitions.

As used in the Public Employee Caregiver Leave Act: A. "eligible employee" means, except as provided pursuant to Section 8 [10-16H-4 NMSA 1978] of this 2019 act, an individual who is an officer or employee of the state or of a public school and who, in accordance with the policies of the state agency or public school employing the officer or employee, is eligible to accrue sick leave;B. "family member" means an individual who is the spouse or domestic partner of or is by blood, marriage or legal adoption a parent, grandparent, great-grandparent, child, grandchild, great-grandchild, brother, sister, niece, nephew, aunt or uncle, or is living in the household of an eligible employee;C. "sick leave" means a leave of absence from employment for which a state agency or public school pays an eligible employee due to illness or injury or to receive care from a licensed or certified health professional. "Sick leave" does not include leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993, regardless of whether the employee uses sick leave during that leave; andD. "state" or "state agency" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions. History: Laws 2019, ch. 177, § 6. ANNOTATIONSCross references. — For the federal Family and Medical Leave Act of 1993, see 29 U.S.C. §§ 2601 et seq.Effective dates. — Laws 2019, ch. 177 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 10-16H-3 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 16H - Public Employee Caregiver Leave|Section 10-16H-3 - Accumulated sick leave; application to family caregiving.

A. A state agency or public school that provides eligible employees with sick leave for an eligible employee's own illness or injury or to receive health care shall permit its eligible employees to use accrued sick leave to care for their family members in accordance with the same terms and procedures that the state agency or public school imposes for any other use of sick leave by eligible employees.B. A state agency or public school employing an eligible employee shall not discharge or threaten to discharge, demote, suspend or retaliate or discriminate in any manner, including using the employee's use of caregiver leave as a factor in the employee's performance evaluation, against an eligible employee because that employee requests or uses caregiver leave in accordance with the state agency's or public school's general sick leave policy, files a grievance for violation of the Public Employee Caregiver Leave Act, cooperates in an investigation or prosecution of an alleged violation of that act or opposes any policy or practice established pursuant to that act.C. Nothing in this section shall require a state agency or public school to provide sick leave to its employees.D. The provisions of the Public Employee Caregiver Leave Act are nonexclusive and cumulative and are in addition to any other rights or remedies afforded by contract or under other provision of law. The Public Employee Caregiver Leave Act does not prohibit a state agency or public school from providing greater sick leave benefits than are provided pursuant to that act. E. Each state agency director and public school administrator shall adopt and promulgate policies to implement the provisions of the Public Employee Caregiver Leave Act. These policies shall include, at a minimum, grievance procedures for according eligible employees recourse for violations of the Public Employee Caregiver Leave Act. As used in this section, "state agency director" means:(1) the director of the state personnel office for those state agencies to which the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978] apply; and(2) the director of a state agency to which the provisions of the Personnel Act do not apply. History: Laws 2019, ch. 177, § 7. ANNOTATIONSEffective dates. — Laws 2019, ch. 177 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 10-16H-4 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 16H - Public Employee Caregiver Leave|Section 10-16H-4 - Exemptions.

A. The provisions of the Public Employee Caregiver Leave Act shall not apply to any employment expressly exempted under rules adopted by the state personnel office or any other state agency.B. Nothing in the Public Employee Caregiver Leave Act shall be construed to invalidate, diminish or otherwise interfere with any collective bargaining agreement, nor shall it be construed to invalidate, diminish or otherwise interfere with any party's power to collectively bargain for a collective bargaining agreement. History: Laws 2019, ch. 177, § 8. ANNOTATIONSEffective dates. — Laws 2019, ch. 177 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 10-17-1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 17 - Miscellaneous Provisions|Section 10-17-1 - [County, municipal and educational boards; monthly summary of minutes; contents.]

That on or before the 10th [tenth] day of each month there shall be prepared by each board of county commissioners in this state, by the council, commission or trustees of every city, town or village in this state, and by every board of education in this state, a summary of the minutes of all meetings held by such board during the preceding calendar month, such summary to mean a full and correct account of all business transacted by such boards and commissions, showing all matters presented, the action taken thereon, or other disposition thereof, and a statement of all monies received by any such boards or commissions during the preceding calendar month, showing the source from which received and the amount received from each source, and a detailed statement of all expenditures made during such preceding calendar month, including a list of all warrants issued, to whom issued, the amount of each warrant and the purpose for which the warrant was issued. History: Laws 1939, ch. 220, § 1; 1941 Comp., § 10-505; 1953 Comp. § 5-6-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For annual publication of proceedings of county commissioners, see 4-38-9 NMSA 1978. For annual publication of receipts and expenditures of board of county commissioners, see 4-38-27 NMSA 1978. For publication of proceedings, see 14-11-11 NMSA 1978. Legislative intent. — There is nothing in this act indicating a legislative intent that it apply to the board of regents or other governing bodies of state colleges and universities. In the absence of any such expression, it must be presumed that the legislature intended that the act apply only to those boards and commissions specifically mentioned. 1939 Op. Att'y Gen. No. 39-3110. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties §§ 84 to 86; 62 C.J.S. Municipal Corporations § 409; 78 C.J.S. Schools and School Districts §§ 153, 154.
NM Stat § 10-17-2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 17 - Miscellaneous Provisions|Section 10-17-2 - [Filing summary of minutes; furnishing to legal newspapers.]

Such summary of minutes shall be filed with the clerk of each board mentioned in Section 1 [10-17-1 NMSA 1978] hereof and such summary shall be a public record and open to inspection of the public, provided, however, that a copy thereof shall be by the board or commission mailed to each and every legal newspaper published in the county for such use as such newspaper may see fit. History: Laws 1939, ch. 220, § 2; 1941 Comp., § 10-506; 1953 Comp., § 5-6-6. ANNOTATIONSCross references. — For definition of "legal newspaper", see 14-11-2 NMSA 1978. For publication of board proceedings, language requirements, see 14-11-11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties §§ 84 to 86; 62 C.J.S. Municipal Corporations § 409; 78 C.J.S. Schools and School Districts §§ 153, 154.
NM Stat § 10-17-3 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 17 - Miscellaneous Provisions|Section 10-17-3 - Publication of list of expenditures monthly.

On or before the 10th [tenth] day of each month there may be published in a legal newspaper published in the county where such board or commission is situated, by the council, commission or trustees of every city, town or village in this state, and by every board of education in this state, a summary of expenditures made during the preceding calendar month, which shall include a list of the total expenditures during the month and the amount spent in connection with each budgetary item and a summary of all receipts; provided, however, that the publication herein mentioned shall be made only at the discretion of the council, commission or trustee of every city, town or village, and board of education in this state if they shall deem the said publication necessary in the public interest. History: Laws 1939, ch. 220, § 3; 1941 Comp., § 10-507; Laws 1947, ch. 189, § 1; 1953, ch. 84, § 1; 1953 Comp., § 5-6-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For payment for required publications of county, municipal, or school board, see 14-11-9 NMSA 1978. Publication not mandatory. — It is not mandatory that the commission make a monthly publication of its receipts and expenditures. 1957 Op. Att'y Gen. No. 57-126. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties §§ 84 to 86; 62 C.J.S. Municipal Corporations § 409; 79 C.J.S. Schools and School Districts § 345.