reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12C - Magistrate Retirement › Section 10-12C-14.1 - Qualified pension recipient; cost-of-living adjustment wait period; declining increase.

A. Pursuant to the Magistrate Retirement Act, a qualified pension recipient is a:
(1) normal retired member who retires:
(a) on or before June 30, 2014 and has been retired for at least two full calendar years from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted;
(b) between July 1, 2014 and June 30, 2015 and has been retired for at least three full calendar years from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted;
(c) between July 1, 2015 and June 30, 2016 and has been retired for at least four full calendar years from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted; or
(d) on or after July 1, 2016 and has been retired for at least seven full calendar years from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted;
(2) normal retired member who is at least sixty-five years of age and has been retired for at least one full calendar year from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted;
(3) disability retired member who has been retired for at least one full calendar year from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted;
(4) survivor beneficiary who has received a survivor pension for at least two full calendar years; or
(5) survivor beneficiary of a deceased retired member who otherwise would have been retired at least two full calendar years from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted.
B. A qualified pension recipient may decline an increase in a pension by giving the association written notice of the decision to decline the increase at least thirty days prior to the date the increase would take effect.
History:
1978 Comp., § 10-12C-14.1, enacted by Laws 2014, ch. 39, § 15 and Laws 2014, ch. 43, § 15.
ANNOTATIONS
Duplicate laws.
— Laws 2014, ch. 39, § 15 and Laws 2014, ch. 43, § 15, both effective July 1, 2014, enacted identical new sections. The section was set out as enacted by Laws 2014, ch. 43, § 15.
See
12-1-8 NMSA 1978.
Severability.
— Laws 2014, ch. 43, § 16 provided that if any part or application of Laws 2014, ch. 43 is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12C - Magistrate Retirement › Section 10-12C-15 - Group insurance; continuation.

If the provisions of the Retiree Health Care Act [10-7C-1 to 10-7C-16 NMSA 1978] do not apply to a retired member, that retired member may continue to be insured under the provisions of any state group insurance plan in effect at the time of retirement or under the terms of any separate subsequent state group insurance plan, if the retired member pays the entire periodic premium charges for such insurance and consents to have the periodic premium charges deducted from the retired member's pension.
History:
Laws 1992, ch. 118, § 15.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12C - Magistrate Retirement › Section 10-12C-16 - Suspension or forfeiture of benefits.

A. If a member retires and is subsequently employed by any employer covered by any state system or the educational retirement system, the retired member's pension shall be suspended effective the first day of the month following the month in which the subsequent employment begins. The suspended pension of a previously retired member shall resume and be effective the first day of the month following the month in which the member leaves office or terminates the subsequent employment.
B. The right to receive a pension pursuant to the provisions of the Magistrate Retirement Act shall be forfeited if the member is removed from office pursuant to the provisions of Article 6, Section 32 of the constitution of New Mexico and the member's only entitlement from the fund shall be the refund of the member's own contributions.
C. The provisions of Subsection A of this section shall not apply to a retired member who is elected to serve a term as an elected official if the retired member files an irrevocable exemption from membership in any state system with the association within thirty days of taking office. Filing of an irrevocable exemption shall irrevocably bar the retired member from acquiring service credit for the period of exemption from the membership.
History:
Laws 1992, ch. 118, § 16; 2001, ch. 104, § 1.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, added Subsection C to the section.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12C - Magistrate Retirement › Section 10-12C-17 - Adjustment of pension.

A. If payment of a pension or other retirement benefit causes a decrease in the amount of monetary payments or other needs-based benefits due to a payee from any other governmental agency, the pension or other retirement benefit shall be reduced for the period during which the pension or other retirement benefit prevents payment of another needs-based benefit to result in payment of the maximum amount possible by the association and the other governmental agency to the payee. Any amounts that would otherwise be paid out that are not paid in accordance with the provisions of this section shall not be recoverable by a payee at any later date.
B. If there is a change in the effect of a pension or other retirement benefit on any monetary payments or other needs-based benefits due to a payee from any other governmental agency, the pension or other retirement benefits shall be adjusted to result in the maximum total benefit to the payee. In no event shall any pension be increased in an amount greater than that authorized by the Magistrate Retirement Act.
C. The provisions of this section are mandatory and shall not be waived or declined by a payee. Each payee shall provide the association with all information necessary for the association to carry out the requirements imposed by this section.
D. If the payee fails to provide all the facts necessary to comply with the requirements imposed by this section, and payment of a pension or other retirement benefit is made without making the adjustment required by this section, neither the board, the executive director nor any officer or employee of the association or the board shall be liable to any third party because the adjustment was not made as required.
E. As used in this section:
(1) "pension" means a normal retirement, survivor or disability retirement pension payable to a retired member or survivor beneficiary pursuant to the Magistrate Retirement Act;
(2) "governmental agency" means the federal government, any department or agency of the federal government, any state and any department, agency or political subdivision of a state;
(3) "total benefits" means pensions plus any other monetary payments or other needs-based benefits due to the payee from any governmental agency;
(4) "needs-based benefit" means monetary or other benefits for which a determination of eligibility is based upon the recipient's level of income and resources; and
(5) "payee" means a retired member or the refund beneficiary or survivor beneficiary of a retired member.
History:
Laws 1995, ch. 115, § 9; 1997, ch. 189, § 16.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, in Subsection D, deleted "retirement" preceding "board" in two places and substituted "director" for "secretary".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12C - Magistrate Retirement › Section 10-12C-18 - Correction of errors and omissions; estoppel.

A. If an error or omission results in an overpayment to a member or beneficiary of a member, the association shall correct the error or omission and adjust all future payments accordingly. The association shall recover all overpayments made for a period of up to one year prior to the date the error or omission was discovered.
B. A person who is paid more than the amount that is lawfully due him as a result of fraudulent information provided by the member or beneficiary shall be liable for the repayment of that amount to the association plus interest on that amount at the rate set by the board plus all costs of collection, including attorney fees if necessary. Recovery of such overpayment shall extend back to the date the first payment was made based on the fraudulent information.
C. Statements of fact or law made by board members or employees of the board or the association shall not estop the board or the association from acting in accordance with the applicable statutes.
History:
Laws 1995, ch. 115, § 10; 1997, ch. 189, § 17.
ANNOTATIONS
The 1997 amendment,
effective June 1997, in Subsection A, in the first sentence, deleted "in an application or its supporting documents" preceding "results" and made a stylistic change and made a stylistic change in Subsection B.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 13 - Retirement Reciprocity (Repealed.) › Section 10-13-1 to 10-13-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 279, § 4 repealed 10-13-1 through 10-13-5 NMSA 1978, as enacted or amended by Laws 1963, ch. 275, §§ 1, 2, and 5, Laws 1973, ch. 352, § 1, and Laws 1977, ch. 331, § 1, concerning retirement reciprocity, effective July 1, 1993. For provisions of former sections,
see
the 1992 NMSA 1978 on
NMOneSource.com.
For the Public Employees Retirement Reciprocity Act,
see
Chapter 10, Article 13A NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 13 - Retirement Reciprocity (Repealed.) › Section 10-13-6 to 10-13-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 116, § 17 repealed 10-13-6 to 10-13-9 NMSA 1978, as enacted by Laws 1983, ch. 138, §§ 1 to 4; relating to judicial retirement reciprocity, effective July 1, 1992. For provisions of former sections,
see
the 1991 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
10-13A-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 13A - Public Employees Retirement Reciprocity › Section 10-13A-1 - Short title.

Chapter 10, Article 13A NMSA 1978 may be cited as the "Public Employees Retirement Reciprocity Act".
History:
1978 Comp., § 10-13A-1, enacted by Laws 1992, ch. 116, § 13.
ANNOTATIONS
Purpose of act.
— The [Public Employees] Retirement Reciprocity Act was enacted to extend to public employees the benefit of increased retirement credit irrespective of the particular state retirement system the individual may have been employed under, and to permit an individual to receive greater retirement advantages than would otherwise be possible under either of the single state retirement systems. 1964 Op. Att'y Gen. No. 64-118.
To be liberally construed.
— The [Public Employees] Retirement Reciprocity Act (former Sections 10-13-1 to 10-13-5 NMSA 1978) was remedial in nature and was to be liberally interpreted in order to best carry out the announced purposes of the act. 1964 Op. Att'y Gen. No. 64-118.
Where credit extended.
— The [Public Employees] Retirement Reciprocity Act (former Sections 10-13-1 to 10-13-5 NMSA 1978) was adopted to extend reciprocal retirement credit to individuals who have been employed under both the state public educational system and state public employment. 1964 Op. Att'y Gen. No. 64-118.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 13A - Public Employees Retirement Reciprocity › Section 10-13A-2 - Definitions.

As used in the Public Employees Retirement Reciprocity Act:
A. "association" means the public employees retirement association of New Mexico;
B. "board" means the retirement board provided for in the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978] or the educational retirement board;
C. "educational retirement system" means that retirement system provided for in the Educational Retirement Act [Chapter 22, Article 11 NMSA 1978];
D. "eligible reciprocal service credit" means a minimum of one month of service credit under any state system as calculated according to the retirement act applicable to the member;
E. "former member" means a person who was previously employed by an employer covered by a state system, who has terminated that employment and who has received a refund of member contributions;
F. "judicial retirement system" means that retirement system provided for in the Judicial Retirement Act [Chapter 10, Article 12B NMSA 1978];
G. "magistrate retirement system" means that retirement system provided for in the Magistrate Retirement Act [Chapter 10, Article 12C NMSA 1978];
H. "member" means:
(1) a currently employed, contributing employee of an employer covered by a state system; or
(2) a person who has been but is not currently employed by an employer covered by a state system, who has not retired and who has not received a refund of member contributions from the state system under which he was covered;
I. "member contributions" means the amounts deducted from the salary of a member and credited to the member's individual account in a state system, together with interest, if any, credited to that account;
J. "pension" means a series of monthly payments to a retired member or survivor beneficiary as defined and provided in the Educational Retirement Act, the Public Employees Retirement Act, the Magistrate Retirement Act or the Judicial Retirement Act;
K. "public employees retirement system" means that retirement system provided for in the Public Employees Retirement Act;
L. "retire" means to:
(1) terminate employment with all employers covered by any state system; and
(2) receive a pension benefit from one state system;
M. "salary" means the member's salary as defined under the applicable retirement act; and
N. "state system" means a retirement program provided for in the Educational Retirement Act, the Public Employees Retirement Act, the Magistrate Retirement Act or the Judicial Retirement Act.
History:
1978 Comp., § 10-13A-2, enacted by Laws 1992, ch. 116, § 14; 1993, ch. 279, § 1.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, added Subsection K, redesignating Subsections K through M as Subsections L through N; rewrote Subsections B and D and Subsection M; inserted "who has" in Subsection E; and inserted "Educational Retirement Act, the" in Subsection J and Subsection N.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 13A - Public Employees Retirement Reciprocity › Section 10-13A-3 - Service credit; forfeiture; reinstatement.

Forfeited service credit under any state system shall be reinstated according to the provisions of the retirement act applicable to that state system before that service credit may be considered eligible reciprocal service credit.
History:
1978 Comp., § 10-13A-3, enacted by Laws 1992, ch. 116, § 15; 1993, ch. 279, § 2.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, deleted the provisions of Subsection A, which provided a procedure for reinstatement of forfeited service credit; deleted the Subsection B designation from the beginning of the section; and substituted "shall be reinstated according to the provisions of the retirement act applicable to that state system" for "must be reinstated".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 13A - Public Employees Retirement Reciprocity › Section 10-13A-5 - Condition for separate payment of pension component.

Notwithstanding the provisions of Subsection E of Section 10-13A-4 NMSA 1978 to the contrary, a member who retires prior to July 1, 2017 shall be paid pursuant to Subsection E of Section 10-13A-4 NMSA 1978 until the executive director of the public employees retirement association and the executive director of the educational retirement board have certified to each other that the association or the board, respectively, has in place the appropriate accounting and financial structures and information technology for each state retirement system from which a member earned eligible reciprocal service credit to separately pay the amount of the component of the pension attributable to service credit accrued under that state system, at which time each state retirement system shall separately pay a member who retires prior to July 1, 2017 pursuant to Subsection F of Section 10-13A-4 NMSA 1978.
History:
Laws 2017, ch. 25, § 2.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 25, § 3 made Laws 2017, ch. 25, § 2 effective July 1, 2017.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 14 - Social Security Coverage › Section 10-14-1 - Declaration of policy.

In order to extend to employees of the state and its political subdivisions and to the dependents and survivors of such employees, the basic protection accorded to others by the old-age and survivors' insurance system embodied in the Social Security Act, it is hereby declared to be the policy of the legislature, subject to the limitations of this act [10-14-1 to 10-14-3, 10-14-5 to 10-14-10 NMSA 1978], that such steps be taken as to provide such protection to employees of the state and its political subdivisions on as board [broad] a basis as is permitted under the Social Security Act. It is also the policy of the legislature that the protection afforded employees in positions covered by a retirement system on the date an agreement under this act is made applicable to service performed in such positions, or receiving periodic benefits under such retirement system at such time, will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof.
History:
1953 Comp., § 5-7-1, enacted by Laws 1955, ch. 172, § 1.
ANNOTATIONS
Cross references.
— For the federal Social Security Act,
see
42 U.S.C. § 301 et seq.
Legislative effect.
— What in effect the legislature did by the passage of Laws 1955, ch. 172, was make an offer to all state employees covered by state retirement system that if they elected to come within the provisions of social security, the state would provide for the share required by the Social Security Act from the employer. 1957 Op. Att'y Gen. No. 57-61.
Effect of section on school for visually handicapped.
— The New Mexico school for the visually handicapped is not legally separate and distinct; it is in fact a state educational institution. Most of its funds come from either state school lands or from appropriations from the legislature. This institution is actually a part of the state. Inasmuch as the school for the visually handicapped is not a political subdivision, it cannot be considered a separate retirement system for the purposes of holding a referendum relative to the coverage under the old-age and survivors insurance program. 1956 Op. Att'y Gen. No. 56-6411.
Eligibility.
— Under the social security laws, both state and federal, all members of the retirement system become eligible for social security upon a favorable vote of the referendum posing the questions of joining the social security system. 1956 Op. Att'y Gen. No. 56-6416.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81 C.J.S. Social Security and Public Welfare §§ 28, 32 et seq.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 14 - Social Security Coverage › Section 10-14-4 - Federal-state agreement; divided retirement systems.

The agreement executed and approved as specified in Section 10-14-3 NMSA 1978 shall provide, in accordance with the Social Security Act, 42 U.S.C. § 301 et seq., for dividing retirement systems, and for extending coverage to individuals in positions covered by divided retirement systems.
History:
1953 Comp., § 5-7-3.1, enacted by Laws 1962 (S.S.), ch. 2, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81 C.J.S Social Security and Public Welfare §§ 28, 38.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 14 - Social Security Coverage › Section 10-14-5 - Contributions by state employees.

A. Every employee of the state whose services are covered by an agreement entered into under Section 3 [10-14-3 NMSA 1978] shall be required to pay for the period of such coverage, into the contribution fund established by Section 6 [10-14-7 NMSA 1978], contributions, with respect to wages (as defined in Section 2 [10-14-2 NMSA 1978]) of this act, equal to the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act, if such services constituted employment within the meaning of that act. Such liability shall arise in consideration of the employee's retention in the service of the state, or his entry upon such service, after the enactment of this act [10-14-1 to 10-14-3, 10-14-5 to 10-14-10 NMSA 1978.]
B. The contribution imposed by this section shall be collected by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.
C. If more or less than the correct amount of the contribution imposed by this section is paid or reducted [deducted] with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the state agency shall prescribe.
History:
1953 Comp., § 5-7-4, enacted by Laws 1955, ch. 172, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the Federal Insurance Contributions Act,
see
26 U.S.C. §§ 3101 to 3128.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81 C.J.S. Social Security and Public Welfare §§ 28, 38.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 14 - Social Security Coverage › Section 10-14-8 - Rules and regulations.

The state agency shall make and publish such rules and regulations, not inconsistent with the provisions of this act [10-14-1 to 10-14-3, 10-14-5 to 10-14-10 NMSA 1978], as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this act.
History:
1953 Comp., § 5-7-7, enacted by Laws 1955, ch. 172, § 7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81 C.J.S. Social Security and Public Welfare §§ 28, 38.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 14 - Social Security Coverage › Section 10-14-9 - Studies and reports.

The state agency shall make studies concerning the problem of old-age and survivors insurance protection for employees of the state and local governments and their instrumentalities and concerning the operation of agreements made and plans approved under this act [10-14-1 to 10-14-3, 10-14-5 to 10-14-10 NMSA 1978] and shall submit a report to the legislature at the beginning of each regular session, covering the administration and operation of this act during the preceding biennium, including such recommendations for amendments to this act as it considers proper.
History:
1953 Comp., § 5-7-8, enacted by Laws 1955, ch. 172, § 8.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81 C.J.S. Social Security and Public Welfare §§ 28, 38.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 14 - Social Security Coverage › Section 10-14-10 - Referenda and certification.

A. The governor is empowered to authorize a referendum, and to designate any agency or individual to supervise its conduct, in accordance with the requirements of Section 218(d)(3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by the state or by a political subdivision thereof should be excluded from or included under an agreement under this act [10-14-1 to 10-14-3, 10-14-5 to 10-14-10 NMSA 1978]. The notice of referendum required by Section 218(d)(3)(C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient, to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this act.
B. Upon receiving evidence satisfactory to him that with respect to any such referendum the conditions specified in Section 218(d)(3) of the Social Security Act have been met, the governor or an officer of the state designated by the governor, shall so certify to the secretary of health, education and welfare.
History:
1953 Comp., § 5-7-9, enacted by Laws 1955, ch. 172, § 9; 1973, ch. 329, § 4.
ANNOTATIONS
Cross references.
— For Section 218 of the federal Social Security Act,
see
42 U.S.C. § 418.
Legislative intent.
— The legislature intends, so far as the political subdivisions are concerned, that the initial step for coverage is to be made by the political subdivision by submitting a plan. If the plan is proper, and the political subdivision has its own retirement system or was a part of the state system, the governor is to call for a referendum for such political subdivision. If there happens to be a number of such divisions with proper plans, they can, of course, be grouped together for the purpose of the referendum. No political subdivision would work out a plan for coverage without first determining that the employees were for such plan. 1955 Op. Att'y Gen. No. 55-6333.
Scope of gubernatorial powers as to referendums.
— The governor can, within the provisions of the Social Security Act, designate what shall constitute a retirement system for the purpose of a referendum. The governor can designate each political subdivision as a separate retirement system for the purpose of this referendum. 1955 Op. Att'y Gen. No. 55-6333.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81 C.J.S. Social Security and Public Welfare §§ 28, 38.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 14 - Social Security Coverage › Section 10-14-11 - Social security referendum.

A referendum for or against participation in the federal old age and survivors insurance embodied in the federal Social Security Act shall be conducted for the employees of a general hospital, or outpatient clinics thereof, operated by a state educational institution named in Article 12, Section 11 of the constitution of New Mexico, if required by federal or state law.
History:
1978 Comp., § 10-14-11, enacted by Laws 1978, ch. 167, § 3.
ANNOTATIONS
Cross references.
— For provisions of the federal Social Security Act,
see
42 U.S.C. § 301 et seq.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 15 - Open Meetings › Section 10-15-1.1 - Short title.

Chapter 10, Article 15 NMSA 1978 may be cited as the "Open Meetings Act".
History:
1978 Comp., § 10-15-1.1, enacted by Laws 1979, ch. 366, § 2; 1989, ch. 299, § 2.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 15 - Open Meetings › Section 10-15-2 - State legislature; meetings.

A. Unless otherwise provided by joint house and senate rule, all meetings of any committee or policy-making body of the legislature held for the purpose of discussing public business or for the purpose of taking any action within the authority of or the delegated authority of the committee or body are declared to be public meetings open to the public at all times. Reasonable notice of meetings shall be given to the public by publication or by the presiding officer of each house prior to the time the meeting is scheduled.
B. The provisions of Subsection A of this section do not apply to matters relating to personnel or matters adjudicatory in nature or to investigative or quasi-judicial proceedings relating to ethics and conduct or to a caucus of a political party.
C. For the purposes of this section, "meeting" means a gathering of a quorum of the members of a standing committee or conference committee held for the purpose of taking any action within the authority of the committee or body.
History:
1953 Comp., § 5-6-24, enacted by Laws 1974, ch. 91, § 2; 2009, ch. 105, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, added "unless otherwise provided by joint house and senate rule" at the beginning of the sentence; after "all meetings of", deleted "a quorum of members of" and added the last sentence; in Subsection B, deleted the language after "adjudicatory in nature", deleted "or any bill, resolution or other legislative matter not yet presented to either house of the legislature or general appropriation bills" and added the remainder of the sentence; in Subsection C, after "gathering of", added "a quorum of"; after "members", deleted "called by the presiding officer" and after "standing committee", added the remainder of the sentence.
Open meetings not required.
— The open meetings requirement as defined in this section does not apply to a caucus of the majority party of the house of representatives. 1976 Op. Att'y Gen. No. 76-21.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 15 - Open Meetings › Section 10-15-4 - Penalty.

Any person violating any of the provisions of Section 10-15-1 or 10-15-2 NMSA 1978 is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500) for each offense.
History:
1953 Comp., § 5-6-26, enacted by Laws 1974, ch. 91, § 4; 1989, ch. 299, § 4.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-1 - Short title.

Chapter 10, Article 16 NMSA 1978 may be cited as the "Governmental Conduct Act".
History:
1953 Comp., § 5-12-1, enacted by Laws 1967, ch. 306, § 1; 1993, ch. 46, § 26.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, rewrote this section, which read "This act may be cited as the 'Conflict of Interest Act'".
Disclosure of disciplinary proceedings based on alleged violation of act.
— An attorney's revelation to the secretary of state of the outcome of disciplinary proceedings against another attorney who had been a staff attorney for the New Mexico public utilities commission, which disciplinary proceedings were based on the disclosing attorney's letter to the secretary of state alleging a violation by the other attorney of the Governmental Conduct Act was not actionable as a public disclosure of private facts.
Fernandez-Wells v. Beuvois
, 1999-NMCA-071, 127 N.M. 487, 983 P.2d 1006.
Scope of act.
— This article applies only to state agencies and that term would not include a county commission. 1969 Op. Att'y Gen. No. 69-135.
As a state agency, the retiree health care authority is subject to those provisions of this article that apply to state agencies. 1991 Op. Att'y Gen. No. 91-06.
Effect on school districts.
— It would not have been necessary to enact Section 22-21-1 NMSA 1978 of the public school code if this article applied to school districts. 1969 Op. Att'y Gen. No. 69-19.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Officers and Employees §§ 321 to 323, 325.
67 C.J.S. Officers and Public Employees §§ 34, 89, 204.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-3.1 - Prohibited political activities.

A public officer or employee is prohibited from:
A. directly or indirectly coercing or attempting to coerce another public officer or employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for a political purpose;
B. threatening to deny a promotion or pay increase to an employee who does or does not vote for certain candidates, requiring an employee to contribute a percentage of the employee's pay to a political fund, influencing a subordinate employee to purchase a ticket to a political fundraising dinner or similar event, advising an employee to take part in political activity or similar activities; or
C. violating the officer's or employee's duty not to use property belonging to a state agency or local government agency, or allow its use, for other than authorized purposes.
History:
Laws 2007, ch. 362, § 9; 2011, ch. 138, § 4.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, prohibited a public officer or employee from violating another office's or employee's duty not to use property of local governmental agencies.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-4.1 - Honoraria prohibited.

No legislator, public officer or employee may request or receive an honorarium for a speech or service rendered that relates to the performance of public duties. For the purposes of this section, "honorarium" means payment of money, or any other thing of value in excess of one hundred dollars ($100), but does not include reasonable reimbursement for meals, lodging or actual travel expenses incurred in making the speech or rendering the service, or payment or compensation for services rendered in the normal course of a private business pursuit.
History:
Laws 1993, ch. 46, § 38.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-4.2 - Disclosure of outside employment.

A public officer or employee shall disclose in writing to the officer's or employee's respective office or employer all employment engaged in by the officer or employee other than the employment with or service to a state agency or local government agency.
History:
Laws 2007, ch. 362, § 10; 2011, ch. 138, § 6.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, required public officers and employees to report outside employment to their office or employer.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-4.3 - Prohibited employment.

It is unlawful for a state agency employee or local government agency employee who is participating directly or indirectly in the contracting process to become or to be, while such an employee, the employee of any person or business contracting with the governmental body by whom the employee is employed.
History:
Laws 2011, ch. 138, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 138, § 15 made Laws 2011, ch. 138, § 1 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 46, § 58 repealed 10-16-5 NMSA 1978, as enacted by Laws 1967, ch. 306, § 5, relating to acquiring financial interest, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-6 - Confidential information.

No legislator or public officer or employee shall use or disclose confidential information acquired by virtue of the legislator's or public officer's or employee's position with a state agency or local government agency for the legislator's, public officer's or employee's or another's private gain.
History:
1953 Comp., § 5-12-6, enacted by Laws 1967, ch. 306, § 6; 1993, ch. 46, § 30; 2007, ch. 362, § 4; 2011, ch. 138, § 7.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, prohibited legislators and public officers and employees from disclosing confidential information acquired from their position with a local government agency.
The 2007 amendment,
effective July 1, 2007, prohibited the disclosure of confidential information.
The 1993 amendment,
effective July 1, 1993, inserted "public officer".
A legislator, in providing legal services in a private capacity, did not violate the Governmental Conduct Act by asserting claims against a public agency.
— A legislator, in providing services as a private attorney, did not violate the Governmental Conduct Act when the legislator filed three separate discrimination and public-records lawsuits against the Martin Luther King, Jr. commission (MLK commission), spoke about these lawsuits with the media, and made six requests for public records under the Inspection of Public Records Act, because under these sets of facts, there was nothing to suggest the legislator received, much less disclosed, confidential information about the MLK commission that the legislator acquired through his or her office as a member of the New Mexico legislature. 2021 Op. Ethics Comm'n No. 2021-04.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 46, § 58 repealed 10-16-10 NMSA 1978, as enacted by Laws 1967, ch. 306, § 10, relating to disclosures, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-11.1 - State agency or local government agency authority.

Nothing in the Governmental Conduct Act shall be construed to preclude a state agency or local government agency from adopting and publishing ordinances, rules or standards that are more stringent than those required by the Governmental Conduct Act.
History:
Laws 2011, ch. 138, § 13.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 138, § 15 made Laws 2011, ch. 138, § 1 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 46, § 58 repealed 10-16-12 NMSA 1978, as enacted by Laws 1967, ch. 306, § 12, relating to disclosure for person on retainer or contract, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-13 - Prohibited bidding.

No state agency or local government agency shall accept a bid or proposal from a person who directly participated in the preparation of specifications, qualifications or evaluation criteria on which the specific competitive bid or proposal was based. A person accepting a bid or proposal on behalf of a state agency or local government agency shall exercise due diligence to ensure compliance with this section.
History:
1953 Comp., § 5-12-13, enacted by Laws 1967, ch. 306, § 13; 2007, ch. 362, § 7; 2011, ch. 138, § 10.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, prohibited local government agencies from accepting bids from persons who participated in the preparation of the specifications, qualifications or evaluation criteria of the bid.
The 2007 amendment,
effective July 1, 2007, prohibited political subdivisions from accepting bids or proposals from a person who participated in the preparation of qualifications or evaluation criteria and requires persons who accepts bids or proposals for a state agency or political subdivision to use due diligence to ensure compliance with this section.
Village trustee must recuse herself from transactions between the village and the business owned by the trustee.
— Where a village trustee owns an RV park, adjacent to which is a piece of property owned by the village, and where, for many years, the RV park has used the parcel of village property as an extension of the RV park, and where the trustee has expressed an interest in purchasing the parcel, this section would require the trustee to recuse herself from all aspects of the land sale or lease transaction, including board of trustee discussions regarding the sale or lease of the property and any vote to direct or to approve a land sale or lease transaction between the village and the trustee. 2023 Op. Ethics Comm'n No. 2023-05.
School district not state agency.
— "State agency" as used in the Conflict of Interest Act [now Governmental Conduct Act] does not apply to school districts. 1969 Op. Att'y Gen. No. 69-19.
Section not violated.
— If the state purchasing agent secures free technical assistance from a supplier in order to aid in preparing specifications, this act is not violated. 1967 Op. Att'y Gen. No. 67-118.
Scope of "person".
— "Person" as used in this section includes any person, corporation, partnership or other legal entity. 1967 Op. Att'y Gen. No. 67-118.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-13.1 - Education and voluntary compliance.

A. The state ethics commission shall advise and seek to educate all persons required to perform duties under the Governmental Conduct Act of those duties. This includes advising all those persons at least annually of that act's ethical principles.
B. The state ethics commission shall seek first to ensure voluntary compliance with the provisions of the Governmental Conduct Act. A person who violates that act unintentionally or for good cause shall be given ten days' notice to correct the matter. Referrals for civil enforcement of that act shall be pursued only after efforts to secure voluntary compliance with that act have failed.
History:
1978 Comp., § 10-16-13.1, enacted by Laws 1993, ch. 46, § 35; 2019, ch. 86, § 24.
ANNOTATIONS
The 2019 amendment,
effective January 1, 2020, removed from the secretary of state, and provided the state ethics commission with, the duty of advising and seeking to educate all persons required to perform duties under the Governmental Conduct Act and the duty of seeking to ensure voluntary compliance with the provisions of the Governmental Conduct Act; and in Subsections A and B, after "The", deleted "secretary of", and after "state", added "ethics commission".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-13.2 - Certain business sales to the employees of state agencies and local government agencies prohibited.

A. A public officer or employee shall not sell, offer to sell, coerce the sale of or be a party to a transaction to sell goods, services, construction or items of tangible personal property directly or indirectly through the public officer's or employee's family or a business in which the public officer or employee has a substantial interest, to an employee supervised by the public officer or employee. A public officer or employee shall not receive a commission or shall not profit from the sale or a transaction to sell goods, services, construction or items of tangible personal property to an employee supervised by the public officer or employee. The provisions of this subsection shall not apply if the supervised employee initiates the sale. It is not a violation of this subsection if a public officer or employee, in good faith, is not aware that the employee to whom the goods, services, construction or items of tangible personal property are being sold is under the supervision of the public officer or employee.
B. A public officer or employee shall not sell, offer to sell, coerce the sale of or be a party to a transaction to sell goods, services, construction or items of tangible personal property, directly or indirectly through the public officer's or employee's family or a business in which the public officer or employee has a substantial interest, to a person over whom the public officer or employee has regulatory authority.
C. A public officer or employee shall not receive a commission or profit from the sale or a transaction to sell goods, services, construction or items of tangible personal property to a person over whom the public officer or employee has regulatory authority.
D. A public officer or employee shall not accept from a person over whom the public officer or employee has regulatory authority an offer of employment or an offer of a contract in which the public officer or employee provides goods, services, construction, items of tangible personal property or other things of value to the person over whom the public officer or employee has regulatory authority.
History:
Laws 2007, ch. 362, § 8; 2011, ch. 138, § 11.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, eliminated the provision that prohibits public officers and employees from purchasing good and services from their family or business in which they have a substantial interest and eliminated the exceptions to the prohibition.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-13.3 - Prohibited contributions; financial service contractors.

A. A business that contracts with a state agency or local government agency to provide financial services involving the investment of public money or issuance of bonds for public projects shall not knowingly contribute anything of value to a public officer or employee of that state agency or local government agency who has authority over the investment of public money or issuance of bonds, the revenue of which is used for public projects in the state.
B. A public officer or employee of a state agency or local government agency that has authority over the investment of public money or issuance of bonds, the revenue of which is used for public projects in the state, shall not knowingly accept a contribution of anything of value from a business that contracts with that state agency or local government agency to provide financial services involving the investment of public money or issuance of bonds for public projects.
C. For the purposes of this section:
(1) "anything of value" means any money, property, service, loan or promise, but does not include food and refreshments with a value of less than one hundred dollars ($100) consumed in a day; and
(2) "contribution" means a donation or transfer to a recipient for the personal use of the recipient, without commensurate consideration.
History:
Laws 2007, ch. 362, § 11; 2011, ch. 138, § 12.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, prohibited contribution by business to public officers and employees of local government agencies and the acceptance of contributions be such officers and employees.
Bond attorneys.
— Subsection A of Section 10-16-3.3 NMSA 1978, which limits contributions to state officers and employees by businesses that provide financial services, does not apply to attorneys who provide legal services to the state in connection with its bond offerings. 2007 Op. Att'y Gen. No. 07-04.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 46, § 58 repealed 10-16-15 NMSA 1978, as enacted by Laws 1967, ch. 306, § 15, relating to standing in court, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16 - Governmental Conduct › Section 10-16-16 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1997, ch. 112, § 10 recompiled 10-16-16 NMSA 1978, relating to medicaid and department of human services employees, as 27-2-12.7 NMSA 1978, effective June 20, 1997.