2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16G - State Ethics Commission › Section 10-16G-4 - Commissioners; qualifications; limitations.

A. To qualify for appointment to the commission, a person shall:
(1) be a qualified elector of New Mexico;
(2) not have changed party registration in the five years next preceding the member's appointment in such a manner that the member's prior party registration would make the member ineligible to serve on the commission;
(3) not continue to serve as a commissioner if the member changes party registration after the date of appointment in such a manner as to make the member ineligible to serve on the commission; and
(4) not be, or within the two years prior to appointment shall not have been, in New Mexico, any of the following:
(a) a public official;
(b) a public employee;
(c) a candidate;
(d) a lobbyist;
(e) a government contractor; or
(f) an office holder in a political party at the state or federal level.
B. Before entering upon the duties of the office of commissioner, each commissioner shall review the State Ethics Commission Act and other laws and rules pertaining to the commission's responsibilities and to ethics and governmental conduct in New Mexico. Each commissioner shall take the oath of office as provided in Article 20, Section 1 of the constitution of New Mexico and, pursuant to the Financial Disclosure Act [Chapter 10, Article 16A NMSA 1978], file with the secretary of state a financial disclosure statement within thirty days of appointment and during the month of January every year thereafter that the commissioner serves on the commission.
C. For a period of one calendar year following a commissioner's tenure or following the resignation or removal of a commissioner, the commissioner shall not:
(1) represent a respondent, unless appearing on the commissioner's own behalf; or
(2) accept employment or otherwise provide services to a respondent unless the commissioner accepted employment or provided services prior to the filing of a complaint against the respondent.
D. During a commissioner's tenure, a commissioner shall not hold another public office or be:
(1) a public employee;
(2) a candidate;
(3) a lobbyist;
(4) a government contractor; or
(5) an office holder in a political party at the state or federal level.
E. A commissioner who changes political party affiliation in violation of the provisions of Subsection A of this section or who chooses to seek or hold an office in violation of Subsection D of this section shall resign from the commission or be deemed to have resigned.
History:
Laws 2019, ch. 86, § 4; 2021, ch. 109, § 15.
ANNOTATIONS
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 2021 amendment,
effective July 1, 2021, required members of the state ethics commission to file financial disclosure statements with the secretary of state; and in Subsection B, after "constitution of New Mexico", added "and, pursuant to the Financial Disclosure Act, file with the secretary of state a financial disclosure statement within thirty days of appointment and during the month of January every year thereafter that the commissioner serves on the commission".